Journal of the House of Representatives of the State of Georgia at the regular session of the General Assembly commenced at Atlanta, Monday, January 8, 1945

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
State of Georgia
AT THE
Regular Session
OF THE
General Assembly
Commenced at Atlanta, Monday, January 8, 1945
1946 BOWEN PRESS DECATUR, GA.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1945
ROY V. HARRIS, of Richmond........................................,.............................SPEAKER FRED HAND, of MitchelL.....................................................SPEAKER PRO TEM. P. T. McCUTCHEN, JR., of Fulton................................................................CLERK OLIN SHEPPARD, of Heard....................................................ASSISTANT CLERK W. E. DIXON II, of Bibb..............................................................READING CLERK HERSCHEL L. REID, of CarrolL.............................................MESSAGE CLERK GUY DURDEN, of EmanueL...................................................JOURNAL CLERK JOSEPH M. BRANCH, of Washington..................................................CHAPLAIN HUGH STRIPLIN, of Heard................................................................MESSENGER MARION TOMS, of Quitman............................................................DOORKEEPER

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HOUSE JOURNAL
FIRST DA"Y REGULAR SESSION
JANUARY 8, 1945

Representative Hall, Atlanta, Georgia.
Monday, January 8, 1945.
The Representatives-elect of the General Assembly of Georgia for the years 1945-46 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 P. T. McCutchen, Jr., of Fulton, Clerk of the House of Representatives.
The invocation was delivered by Dr. Nat G. Long, Pastor of the Peachtree Road Methodist Church of Atlanta.
The Secretary of State transmitted to the Clerk the following list of names of the Representatives-elect:
Department of State Atlanta
January 8, 1945.
Clerk of the House of Representatives State Capitol Atlanta, Georgia
Dear Sir: I hereby certify that an election was held in Warren County, Georgia, the 19th
day of December, 1944, for the purpose of electing a Representative in and for said county, and that the consolidated ret~rns of said election, which are of file in this office, show the following result:

WARREN COUNTY

For Representative in General Assembly:

Jack B. Ray

received 313 votes

Mrs. A. R. Shivers

received 202 votes

Given under my hand and official seal this 8th day of January, 1945.

]OHN B. WILSON, Secretary of State.

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JOURNAL OF THE HOUSE,

Department of State Atlanta
January 8, 1945.
Clerk of the House of Representatives State Capitol Atlanta, Georgia Dear Sir:
I hereby certify that a special election was held in McDuffie County, Georgia, the 20th day of December, 1944, for the purpose of electing a Representative in and for said county, and that the consolidated returns of said election, which are of file in this office, show the following result:

McDUFFIE COUNTY

For Representative in General Assembly:

John A. Crowley

received 134 votes

Given under my hand and official seal this 8th day of January, 1945.

jOHN B. WILSON, Secretary of State.

Department of State Atlanta
January 8, 1945.
Clerk of the House of Representatives State Capitol Atlanta, Georgia
Sir: I am transmtttmg herewith the names of the Representatives elected in the
general election held November 7, 1944, to represent the various counties in the General Assembly for the years 1945 and 1946, as the same appear from the consolidated 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 McDuffie to fill a vacancy in the consolidation of votes in a special election held in the County of Warren to fill a vacancy.
Very truly yours,
jOHN B. WILSON,
Secretary of State.

MONDAY, JANUARY 8, 1945

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State of Georgia
OFFICE OF SECRETARY OF STATE

I, 1 ohn B. Wilson, Secretary of State of the State of Georgia, do hereby certify that the three pages of typewritten matter hereto attached contain a true and correct list of the Members of the Georgia House of Representatives elected in the general election held the seventh day of November, 1944, as the same appear from the consolidated returns of said election, which returns are of file in this office, the name of the county qeing given opposite the name of the Representative elected.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of January, in the year of our Lord One Thousand Nine Hundred and Forty-five and of the Independence of the United States of America the One Hundred and Sixty-ninth.
joHN B. WILSON,
Secretary of State.

REPRESENTATIVES GENERAL ASSEMBLY ELECTED IN THE GENERAL ELECTION NOVEMBER 7, 1944

County

Name

Appling....----------------------------------------------------------------------------Claude G. Williams Atkinson-----------------------------------------------------------------------------------.L. F. Sears Bacon------------------------------------------------------------------------------------------ J. M. Medders BBaakledrw---i-n--_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_.B].enHto. nEOnndiusm Baldwin________________________________, _____________________________________________________ Marion Ennis
Banks---------------------------------.................................................... W. N. Barrett Barrow........................................................................................ H. M. Oakley Bartow.........................................................................................S. Luke Pettit Bartow.........................................................................................C. C. Pittman Ben HilL.................................................................................... V. G. Wells Berrien.........................................................................................]. Henry Gaskins Bibb..............................................................................................Luther U. Bloodworth Bibb...............................................................................................A. H. S. Weaver Bibb..............................................................................................Lewis B. Wilson Bleckley........................................................................................J ames M. Dykes Brantley........................................................................................]. P. Johns Brooks..........................................................................................Dr. T. R. l\1oye Bryan...........................................................................................W. K. Smith Bulloch...__________,...........................................................--------..------Hoke S. Brunson Bulloch.........................................................................................L. M. Mallard Burke...........................................................................................J. J. Bargeron Burke...........................................................................................F. M. Cates Butts...............................- ............................................................R. N. Etheridge

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JOURNAL OF THE HOUSE,

County

Name

Calhoun....................................................................................... O. T. Giddens
Camden....................................:...................................................Q. L. Claxton
Candler........................................................................................F. H. Sills
CarrolL.......................................................................................A. W. Alexander CarrolL........................................................................................L. J. Brock
Catoosa..............................----------------------------------------------------------1 ames Evitt, Jr. Charlton............................---------------~-----------------------------------------Ralph E. Knabb Chatham............................-------------A L. Alexander Chatham......................................................................................W. Spencer Connerat Chatham......................................................................................F. A. MeN all Chattahoochee.............................................................................M. R. Hollis Chattooga....................................................................................H. Grady Ramey Cherokee.......................~-----------------------------------------------------------Bart A. Manous Clarke.......................................................................................... Kent A. Hill Clarke..........................................................................................L. 0. Price, Jr. Clay..............................................................................................C. Gavin Clayton........................................................................................Lamar Adamson Clinch.......................~------------------------------------------------------------------Ben T. Willoughby Cobb.............................................................................................Otis A. Brumby
Cobb........------------------------------------------------------------------------------------John T. Dorsey Coffee...........................................................................................J. lVI. Thrash
Coffee................................-----------------------------------------------------------1 H. Williams Colquitt........................................................................................Robert E. Cheshire Colquitt....................................................................................... William H. Riddlespurger Columbia..................................................................................... G. S. Phillips
Cook... -------------------------- ..................... ----------------------------- ..............J. H. Kennon
Coweta......................................................................................... Henry C. Arnall
Coweta....................-----------------------------------------------------------------E. P. Hurst Crawford....................................................................................W ade Seagler
Crisp..................................------------------------------------------------P. H. Greene Dade............................................................................................. Rufus W. Massey Dawson........................................................................................ Max R. Looper
Decatur............--------------------------------------------------------------------------G. F. Battles Decatur....................................................................................... C. A. Miller, Jr. DeKalb........................................................................................ W. L. Broome
DeKalb.............................. ---------------------------------------------------------- H. 0. Hubert, Jr. DeKalb........................................................................................Julius A. McCurdy
Dodge........----------------------------------------------------------------------------------.J ack Burch Dooly............................................................................................Leon F. Beddingfield
Dougherty....................................... -------------------------------------------- Adie N. Durden Dougherty................................................................................... W. Herman Sapp
Douglas........-----------------------------------------'------------------------------------- A. A. Fowler Early............................................................................................ Ciarke Mosely Echols.......................................................................................... W. H. Herrin, Jr. Effingham....................................................................................Ciarence T. Guyton Elbert...........................................................................................W. H. Thornton

MONDAY, JANUARY 8, 1945

9

County

Name

EmanueL_____________________________________________________________________________________V. H. Hooks

Emanuel.......................................................................................Geo. L. Smith, II Evans............................................................................................]ohn B. Glisson Fannin..........................................................................................R. T. Hampton Fayette.........................................................................................]. W. Culpepper Floyd............................................................................................F. L. Baker .Floyd............................................................................................M. G. Hicks Floyd..............................................._...........................................A. D. Littlejohn Forsyth.........................................................................................] ay L. Holbrook Franklin.......................................................................................B. F. Cheek Fulton.......................................................................................... Paul S. Etheridge, Jr. Fulton..........................................................................................W. C. Kendrick
Fulton..............................................-------------- Helen Douglas Mankin Gilmer..........................................................................................Delmer Mullinax Glascock......................................................................................T. G. Kent Glynn.......................- .................................................................. Charles L. Gowen Glynn...........................................................................................J ohn Gilbert Gordon........................................................................................Ford Porter Grady...........................................................................................]. W. Barwick Greene..........................................................................................]. S. Calloway Gwinnett................................_....................................................C. F. Griswell Gwinnett....................,................................................................A. D. Williams Habersham..................................................................................Frank D. Garrison HalL.....................................- .....................................................Charles L. Hardy HalL.....................................- ..................................................... H. A. Lancaster Hancock.......................................................................................] ohn C. Lewis Haralson......................................................................................] ames R. Murphy Harris..........................................................................................Zade Kenimer Hart.......- .................................................................................... T. 0. Herndon Heard...........................................................................................]ep H. Parham Henry..........................,................................................................]oseph Mann Houston.......................................................................................]. W. Bloodworth Irwin............................................................................................ H. J. Willis J ackson........................................................................................C. E. Hardy J asper...........................................................................................W. H. Key Jeff Davis....................................................................................W. J. Hinson
Jefferson......------ J. Roy McCracken J enkins.........................................................................................Walter Harrison J ohnson........................................................................................J. H. Rowland Jones.............................................................................................W. B. Williams, Sr.

Lamar----------------.J. Louis Banks Lanier...........................................................................................] ohn W. Greer, Jr. Laurens........................................................................................W. H. Lovett Laurens........................................................................................Linton G. Malone Lee................................................................................................C. C. Ansley Liberty.........................................................................................C. J. Smiley

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JOURNAL OF THE HOUSE,

County

Name

Lincoln.........................................................................................]. P'. Wells Long.............................................................................................R. L. Walford Lowndes.......................................- ..............................................T. Guy Connell Lowndes.......................................- ..............................................]. Gordon Cowart JJumpkin......................................................................................J. 0. Parks Macon..........................................................................................Mrs. John B. Guerry Madison.....................................................................................A. F. Seagraves Marion.........................................................................................]. P. Hogg McDuffie...................................................................................-T. R. Burnside Mcintosh.....................................................................................James M. DeFoor Meriwether.................................................................................]. Frank Hatchett Meriwether.................................................................................G. Clarence Thompson Miller.......................- ..................................................................]. Walter Sheffield Mitchell....................................................................................... Fred B. Hand Mitchell.......................................................................................Frank S. Twitty Monroe........................................................................................William B. Mitchell Montgomery...............................................................................Walter B. Morrison Morgan........................................................................................C. R. Mason Murray.......................................................................................Charles A. Panel! Muscogee.....................................................................................Ralph M. Holleman M uscogee.....................................................................................Lawrence Shields Muscogee....................................................................................W. H. Young, Jr. N ewton........................................................................................A. M. Campbell Oconee.........................................................................................R. M. Nicholson Oglethorpe...................................................................................]. C. Smith Paulding......................................................................................] oe I. Matthews Peach............................................................................................S. M. Matthews Pierce...........................................................................................Lewis H. Oden Pickens.........................................................................................]. I. Hefner Pike..............................................................................................W. A. Strickland
Polk..............................................................................................D. .l\1.. Livingston
Polk..............................................................................................]. 0. Lane Pulaski.........................................................................................]. D. DuPree Putnam.........................................................................................P. C. Rossee Quitman...................................................................................... Loren Gary Rabun...........................................................................................A. ]. Ritchie Randolph..................................................................................... A. J. Moye Richmond.....................................................................................Roy V. Harris Richmond.....................................................................................W. W. Holley Richmond.....................................................................................G. Pierce King
Rockdale......................................................................................] ames C. Mann
Schley............................................................................................]. ]. Holloway
Screven.........................................................................................Pihilip W. Harrison
Seminole.......................................................................................]. B. Guyton Spalding........................................................................................D. J. Arnold
Spalding........-.............................................................................. A. G. Swint

MONDAY, JANUARY 8, 1945

11

County

Name

Stephens.......................................................................................]. ]. Powell
Stewart.----H. 0. Overby, Jr. Sumter.......................................- ................................................ E. L. Gammage Sumter.........................................................................................Theron Jennings Talbot.......................................- .................................................]. B. Maund Taliaferro................................................................................... W. R. Moore Tattnall.......................................................................................A. G. Oliver Taylor..........................................................................................U. S. Underwood Telfair....-----~----1 K. Whaley Terrell......................................................................................... Henry S. Jennings Thomas........................................................................................Robert E. Chastain Thomas........................................................................................A. B. Hart Tift............................................................................................. Ross H. Pittman Toombs.......................................................................................G. H. Williams Towns..........................................................................................W. 0. Sparks Treutlen.......................................................................................I. H. Hall, Jr. Troup...........................................................................................Render Dallas
Troup....-----C 0. Lamb Troup.......................................................................................... M. M. Trotter Turner...........- ............................................................................ Clyde Harden Twiggs.........................................................................................Homer L. Chance Union........................................................................................... Claude C. Boynton Upson...........................................................................................R. A. Freeman Upson...........................................................................................G. H. Strickland Walk:er.........................................................................................Ray Crow Walk:er......................................................................................... E. H. Kelley Walton.........................................................................................Ed L. Almand, Sr. W are............................................................................................W ayne Hinson Ware............................................................................................]ack: Williams W arren...............- ....................................................................... E. D. Hopson W ashington.................................................................................J. B. J ack:son Washington.................................................................................W. H. Roughton W ayne..........................................................................................Robert L. Harrison Webster.......................................................................................Lucius Black:
Wheeler..............--Wallace Adams White...........................................................................................Guy C. Dorsey Whitfield......................................................................................Stafford Brooke Whitfield......................................................................................W. A. Britton Wilcox........................................................................................:]. F. Witherington
Wilk:es.....----B. W. Fortson, Jr. Wilk:inson....................................................................................Lee W. Pennington
Worth..........................................................................................]. S. O'Shea!
Worth..........................................................................................Gordon S. Sumner

The roll of counties was called and the Representatives-elect came forward to thr Bar of the House of Representatives, and took: the oath of office, which oath

12

JOURNAL OF THE HOUSE,

was administered by Judges Lee B. Wyatt, Associate Justice of the Georgia Supreme Court and I. H. Sutton, Judge of the Georgia Court of Appeals.

The next order of business being the election of a Speaker, Mr. Holley of

Richmond, placed in nomination the name of the Honorable Roy V. Harris of Richmond, and the nomination was seconded by Messrs. Gowen of Glynn, and Hand of Mitchell.

Mr. Phillips of Columbia moved that the nominations be closed.

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 Adamson Alexander of Carroll Alexander of Chatharr. Almand Arnall of Coweta Arnold of Spalding Baker Banks Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Brock Brooke Broome Brumby Brunson Callaway Campbell
Cates Chance Chastain Cheek Cheshire Claxton Connell Connerat

Cowart Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Gammage Garrison Gary Gaskins Gavin
Gibson Giddens
Gilbert
Gilsson Gowen Greene Greer Griswell
Guerry

Guyton Hall Hampton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley
Hollis Holloway
Hooks Hubert Hurst
Jackson Jennings of Sumter Jennings of Terrell Kelly

MONDAY, JANUARY 8, 1945

13

Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Lewis Littlejohn Livingston Looper Lovett Maund McCracken McCurdy McNall Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore

Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Odom Oliver O'Shea Overby Parham Parks Pannell Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray Riddlespurger Ritchie Rossee Roughton Rowland Sapp Seagler

Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Underwood Watford Weaver Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Ware Willis Willoughby Wilson Witherington

Those not voting were:

Ansley Britton Burch

Freeman Johns Wells of Ben Hill

Wells of Lincoln Williams of Toombs Young

Upon consolidating the votes cast, it was found that 1\llr. Harris had received 197 votes being the enti~e 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.

14

JOURNAL OF THE HOUSE,

The chair appointed the following committee to escort the speaker to the speaker's stand:

Messrs. Durden of Dougherty,

King of Richmond, and

Hand of Mitchell.

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

The next order of business being the election of a Clerk of the House, Mr. Etheridge of Fulton, placed in nomination the name of Honorable P. T. McCutchen, Jr., of Fulton, which nomination was seconded by Mr. Greer of Lanier.

There being no other candidates for Clerk, the Speaker ordered the nominations closed.

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

Adams Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Baker Banks Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Burch Callaway Campbell Cates Chance

Chastain Cheek Cheshire Claxton Connell Conner at Cowart Crow Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. ~nnis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Garrison Gaskins Gavin Gibson Giddens

Gilbert Gowen Greene Greer Guerry Guyton Hall Hampton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven HarrisoQ of Wayne Hart Hefner Herndon Herrin Hicks Hinson of Jeff Davis Hinson of Ware Holbrook Holleman Holley Ho)lis Holloway Hooks Hubert Hurst

MONDAY, JANUARY 8, 1945

15

Jackson Jennings of Sumter Jennings of Terrell Johns Kelly Kendrick Kenimer Kennon Kent Key King Knabb Lam Lane Lewis Littlejohn Livingston Looper Lovett Maund McCracken McCurdy McNall Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Medders Miller

Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Odom Oliver O'Shea Overby P'arham Parks Pannell Pennington Pettit Phillips Pittman of Tift Porter Powell Ramey Ray Riddlespurger Rossee Roughton Rowland Sapp Seagraves Sears Sheffield

Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young

Those not voting were:

Crowley Gary Glisson Griswell Hill

Hatchett Hogg Lancaster Mallard Pittman of Bartow

Price Ritchie Seagler Matthews of P'each

By unanimous consent, verification of the roll call was dispensed with.
Upon consolidating the votes cast, it was found that Mr. McCutchen of Fulton had received 191 votes, being the entire number of votes cast.
Honorable P'. T. McCutchen, Jr., of Fulton, having received a majority of

16

JOURNAL OF THE HOUSE,

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. Etheridge of Fulton, Riddlespurger of Colquitt, and Lam of Troup-
The Clerk was escorted to the stand by the committee, administered the oath of his office by the Speaker, and 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 be instructed to notify the Senate that the House of Representatives has organized by the election of Roy V. Harris, of the County of Richmond, as Speaker, and P. T. McCutchen, Jr., of the County of Fulton, as Clerk.

HR 2. By Mr. Durden of Dougherty.
A RESOLUTION
Bt it resolved by the House, the Senate concurring, that a Committee of Five, Three to be named by the Speaker of the House and two hy the President of the Senate, be appointed to notify His Excellency the Governor that the General Assembly has convened and organized in regular session for the transaction of business.
The Speaker appointed on the part of the House the following members of the House to-wit: Messrs. Arnall of Coweta, Jennings of Terrell and Cates of Burke.

HR 3. By Mr. Durden of Dougherty.
A RESOLUTION
Be it resolved by the House that the Rules of the House for the Sessions of 1943 and 1944 be and the same are hereby adopted for the Sessions during the years 1945 and 1946.

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:

MONDAY, JANUARY 8, 1945

17

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 Representati\<es 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: Three secretaries 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; three copy readers at not to exceed $7.00 per diem and three 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 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 twelve o'clock noon, Tuesday, January 9, 1945, for the purpose of hearing a message from His Excellency, the Governor, 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 escort the Governor to the session.
The Speaker appointed on the part of the House as a committee of escort the following members of the House: Messrs. Gowen of Glynn, Weaver of Bibb, and Lam of Troup.
The next order of business being the election of a Speaker Pro Tern. of the House, Mr. Twitty of Mitchell placed in nomination the name of Honorable Fred Hand of Mitchell which nomination was seconded by Mr. Durden of Dougherty.
There being no other candidates the nomination was closed.

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

Adams Adamson Alexander of Carroll Alexander of Chatham

Almand Ansley Arnall of Coweta Arnold of Spalding

Baker Banks Bargeron Barrett

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JOURNAL OF THE HOUSE,

Barwick
Battles Beddingfield
Black Bloodworth of Bibb Bloodworth of Holl;ston
Boynton Britton Brock Brooke
Broome Brumby Brunson Burch Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Connerat Cowart Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Ennis, J. H. Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Gammage Garrison Gary Gaskins Gavin Gibson Giddens

Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hall Hampton Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Kelly Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster

Lane Lewis Littlejohn Livingston Looper Lovett
Maund McCracken McCurdy McNall
Mallard Malone Mankin Mann of Henry
Mann of Rockdale Manous Massey Matthews of Paulding Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Odom Oliver Overby Parham Parks Pannell Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray Riddlespurger Ritchie

MONDAY, JANUARY 8, 1945

19

Rossee Roughton Rowland Sapp Seagler Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel

Smith of Oglethorpe Sparks Strickland of Pike Sumner Swint Thompson Thornton Thrash Trotter Twitty Underwood Watford Weaver

Wells of Lincoln Whaley Williams of Appling Wiilliams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young

Those not voting were :

Dykes Ennis, Marion Freeman Hand

Johns Mason Matthews of Peach Oden

O'Shea Pennington Strickland of Upson Wells of Ben Hill

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 192 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' stand:
Messrs. Bargeron of Burke, McCracken of Jefferson, and Connell of Lowndes.
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 Mrs. Nevin, the Secretary thereof:
Mr. Speaker :
I am instructed by the Senate to notify the House of Representatives that the Senate has convened, organized by the election of Honorable Frank C. Gross of the 31st as P'resident, and the Honorable Mrs. Henry W. Nevin of Whitfield county, as Secretary, and is ready for the transaction of business.

20

JOURNAL OF THE HOUSE,

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

SR 2. By Senator Millican of the 52nd:
A resolution by the Senate, the House concurring, th;tt a committee of five (5) be appointed, two (2) on the part of the Senate, to be appointed by the President, and three ( 3) on the part of the House, to be appointed by the Speaker, to notify the Governor that the General Assembly has convened, organized, 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: Baggett of the 51st, and Smith of the 24th.

Mr. Wells of Ben Hill 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 resolution of the House, to wit:

HR 2 HR 5

Respectfully submitted, Virgil G. Wells of Ben Hill, Chairman.

The next order of business being the election of a Doorkeeper of the House, Mr. Gary of Quitman placed in nomination the name of Honorable M. D. Toms of Quitman.
There being no other candidates, the nominations were ordered closed.

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

Adams Adamson Alexander of Carroll Alexander of Chatham

Almand Ansley Arnall of Coweta Arnold of Spalding

Baker Banks Bargeron Barrett

MONDAY, JANUARY 8, 1945

21

Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Burch Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Connerat Cowart Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Gammage Garrison Gary Gaskins Gavin Gibson

Giddens Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hampton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter J enningsofTerrell Kelly Kendrick Kenimer Kennon Kent King Knabb Lam Lancaster Lane

Lewis Littlejohn Livingston Looper Lovett Maund McCracken McCurdy McNall Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Matthews of Paulding Medders Miller Mitchell Moore Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Odom Oliver O'Shea Overby Parham Parks Pannell Pennington Pettit Phillips Pittman of Tift Powell Price Ramey Ray Ritchie Rossee Roughton Rowland

22

JOURNAL OF THE HOUSE,

Sapp Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson

Sumner Swint Thompson Thornton Thrash Trotter Twitty Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln

Whaley Williams of Appling Wililams of Coffee Williams of Gwinnett Williams of Jones Wililams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young

Those not voting were:

Freeman Hall Johns Key

Massey Matthews of Peach Morrison Pittman of Bartow

Porter Riddlespurger Seagler

By unanimous consent, verification of the roll call was dispensed with.
Upon consolidating the votes cast, it was found that Mr. Toms had received 194 votes, being the entire number of votes cast.
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. Jennings of Sumter, Moye of Randolph, and Gavin of Clay.
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. Parham of Heard 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:

Adams Adamson Alexander of Carroll Alexander of Chatham Almand

Ansley Arnall of Coweta Arnold of Spalding Baker Banks

Bargeron Barrett Barwick Battles Beddingfield

MONDAY, JANUARY 8, 1945

23

Black
Bloodworth of Bibb Bloodworth of Houston Boynton
Britton Brock Brooke
Broome Brumby Brunson
Burch Callaway
Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Connerat Cowart Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis,]. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Garrison Gary Gaskins Gavin Gibson Giddens Gilbert Glisson

Gowen Greene Greer Guerry Guyton Hall Hampton Hand
Harden Hardy of Hall Hardy of Jackson
Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kelly Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane

Lewis Littlejohn Livingston Looper Lovett Maund McCracken McCurdy McNall Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Odom Oliver O'Shea Overby Parham Parks Pannell Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey

24

JOURNAL OF THE HOUSE,

Ray Riddlespurger Ritchie Rossee Roughton Rowland Sapp Seagler Sears Sheffield Shields Smiley Smith of Bryan Smith of Emanuel

Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thrash Trotter Twitty Underwood Watford Weaver Wells of Ben Hill

Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young

Those not voting were:

Freeman Gammage Griswell

Oden Seagraves

Sills Thornton

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

Upon consolidating the votes cast, it was found that Mr. Striplin had received 198 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 years.
The Speaker appointed the following committee to escort the messenger to the speaker's stand: Messrs. Brock of Carroll, Dallis of Troup and Arnall of Coweta.
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 secretaries of the speaker, Mrs. Caroline Francis and Mr. Harry Bailey.
The speaker presented to the House Honorable Frank C. Gross, president of the Senate, and Honorable Spence Grayson, president pro tern, both of whom briefly addressed the House.
Leave of absence was granted Mr. Dykes of Bleckley.
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.

TUESDAY, JANUARY 9, 1945

25

Representative Hall, Atlanta, Georgia. Tuesday, January 9, 1945.

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 scripture reading and prayer by the Rev. Joe Branch, chaplain.

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

Adams Adamson Alexander of Carroll Alexander of Chatham Almand Arnall of Coweta Arnold of Spalding Baker Banks Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Burch Callaway Campbell Chance Chastain Cheek Cheshire Claxton Connell Connerat Cowart Crow Crowley

Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes
Ennis, J. H.
Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Gammage Garrison Gary Gaskins Gavin Gibson Giddens Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hall Hampton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins

Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kelly Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Lewis Littlejohn

26

JOURNAL OF THE HOUSE,

Livingston Looper Lovett Maund McCracken McCurdy McNall Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy
Nicholson Oakley Oden

Odom Oliver O'Shea Overbv Parha~ Parks Pannell Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray Riddlespurger Ritchie Rossee Roughton Rowland Sapp Seagler Seagraves Sears Sheffield Shields Sills
Smiley

Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby
Wilson Witherington Young

Mr. Evitt of Catoosa, 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 of the House. 2. First reading and reference of bills and resolutions of the House.

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

TUESDAY, JANUARY 9, 1945

27

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

HR 5. By Mr. Durden of Dougherty:
A resolution by the House, the Senate concurring, that the General Assembly convene in joint session in the hall of the House of Representatives at twelve o'clock noon, Tuesday, January 9, 1945, for the purpose of hearing a message from his Excellency, the Governor, 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 escort the Governor to the session.

The president has appointed as a committee on the part of the Senate to wit:
Senators: Welsch of the 39th Slaughter of the 50th

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

HB 1. By Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper, Durden of Dougherty, Kent of Glascock, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, Sapp of Dougherty, and Hand of Mitchell.
A bill to be entitled an act to amend the "General Appropriate Act" approved January 29, 1943, to provide an appropriation of $1.000,000.00 in each fiscal year for the Teacher Retirement System; and for other purposes.
Referred to the Committee on Appropriations.

HB 2. By Messrs. Harris of Richmond, Durden of Dougherty, Gowen of Glynn, Key of Jasper, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan and Hand of Mitchell.
A bill to be entitled an act to authorize the State of Georgia, by and through the Governor, the State Auditor and the Attorney General to take or damage by condemnation private property for public purposes of the State of Georgia; and for other purposes.
Referred to the Committee on State of the Republic.

HB 3. By Messrs. Harris of Richmond, Durden of Dougherty, Gowen of Glynn, Key of Jasper, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, and Hand of Mitchell:
A bill to be entitled an act to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department provided the head of the department affected and the

28

JOURNAL OF THE HOUSE,

Budget Bureau, consisting of the Governor and the State Auditor, consent to such use of such funds; and for other purposes.
Referred to the Committee on State of the Republic.

HB 4. By Messrs. Harris of Richmond, Durden of Dougherty, Gowen of Glynn, Key of Jasper, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, and Hand of Mitchell.
A bill to be entitled an act to amend section 40-1801 of the Code of Georgia as amended by acts of 1943, page 361, relating to the creation of the Department of Audits by prescribing additional qualifications and experience for State Auditor; to provide for the election of the State Auditor by the General Assembly; and for other purposes.
Referred to the Committee on Auditing.

HB 5. By Messrs. Harris of Richmond, Sapp and Durden of Dougherty, Gowen of
Glynn, Key of Jasper, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, and Hand of Mitchell.
A bill to be entitled an act to create a Department of Public Safety for Georgia, so as to reduce the minimum and maximum age limits of eligibility for appointment as an Officer or Trooper; and for other purposes.
Referred to the Committee on State of the Republic.

HB 6. By Messrs. Gowen of Glynn, Durden of Dougherty, Lewis of Hancock, Key of Jasper, Hicks of Floyd, Hubert and Broome of DeKalb, Alexander of Chatham, and Mankin of Fulton'
A bill to be entitled an act to create a public corporation to be known as "The Georgia Bar"; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 7. By Messrs. Twitty and Hand of Mitchell.
A bill to be entitled an act to amend an act to create a new charter for the City of Camilla; and for other purposes.
Referred to the Committee on Municipal Government.

HB 8. By Messrs. Durden and Sapp of Dougherty, Harris of Richmond, Twitty and Hand of Mitchell, Gowen of Glynn, and Smith of Emanuel:
A bill to be entitled an act fixing the salary of the Deputy Clerk of the Court of Appeals; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 9. By Mr. Fortson of Wilkes.

TUESDAY, JANUARY 9, 1945

29

A bill to be entitled an act to amend Section 92-108 of the Code of 1933 by providing that no person who has served in the Armed Forces of the United States during ariy war shall be required to pay poll tax; and for other purposes.
Referred to the Committee on Ways and Means.

HB 10. By Mr. Fortson of Wilkes.
A bill to be entitled an act to repeal Section 92-108 of the Annotated Code of 1933, which levies a poll tax of $1 on all persons in the State between the ages of 21 years and 60 years; and for other purposes.
Referred to the Committee on Ways and Means.

HB 11. By Messrs. Weaver, Bloodworth and Wilson of Bibb and Bloodworth of Houston.
A bill to be entitled an act to amend Code Sections 60-604 and 60-612 of the 1933 Code relating to acknowledgments of service of petitions and process under the Land Registration Law, by providing that acknowledgment of service may be made in the presence of any person authorized to administer oaths; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 12. By Messrs. Weaver, Bloodworth and Wilson of Bibb, and Bloodworth of Houston.
A bill to be entitled an act to amend the act of the General Assembly approved March 27, 1941 (Georgia Laws 1941, page 300, et seq), as amended by act approved March 20, 1943 (Georgia Laws 1943, pages 420 and 421), by providing the adopting parents of a child adopted prior to said act of 1941 may obtain birth certificate for such child in the same manner as provided in the act; and for other purposes.
Referred to the Committee on Public Welfare.

HB 13. By Messrs. Battles and Miller of Decatur.
A bill to be entitled an act to fix the salaries of the Solicitor and_ Judge of the City Court of Bainbridge at $3,000.00 per annum each; and for other purposes.
Referred to the Committee on Municipal Government.

HB 14. By Mr. Sills of Candler.
A bill to be entitled an act to provide for compensation to the sheriff of Candler county in addition to fees in the sum of $100.00 per month; and for other purposes.

30

JOURNAL OF THE HOUSE,

Referred to the Committee on Counties and County Matters.

HB 15. By Mr. Sills of Candler.
A bill to be entitled an act to amend an act approved August 20, 1925, Georgia Laws 1925, pages 584-586, creating the office of Tax Commissioner of Candler county by changing the compensation by allowing fees allowed by law for Tax Receivers; and for other purposes.
Referred to the Committee on Counties and County .Matters.

HB 16. By Messrs. Kennon of Cook, Willoughby of Clinch, Sears of Atkinson, Greer of Lanier, and Gaskin of Berrien.
A bill to be entitled an act to fix a salary for the official reporter of the Alapaha Judicial Circuit at $2,000.00 per annum for reporting criminal cases; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 17. By Messrs. Alexander, Connerat and McNall of Chatham.
A bill to be entitled an act to amend the act creating the County Commissioners of Chatham county by providing a salary of $2,000.00 per year for the chairman of the County Commissioners; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 18. By Mr. Alexander of Chatham.
A bill to be entitled an act to reimburse T. W. Brickson for damages caused in a collision with a State Highway Patrol car; and for other purposes.
Referred to the Committee on Special Appropriations.

HB 19. By Mr. Alexander of Chatham.
A bill to be entitled an act to provide for the use of photostatic copies of wills in the taking of testimony of out of State witnesses in the probate of wills; and for other purposes.
Referred to the Committee on Special Judiciary.

RESOLUTIONS
HR 6. By Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper, Kent of
Glascock, Rossee of Putnam, Durden and Sapp of Dougherty, Hardy of Hall, Hand of Mitchell, Lewis of Hancock, Phillips of Columbia, and Mason of Morgan.

TUESDAY, JANUARY 9, 1945

31

A resolution to authorize the Governor to transfer $3,348,000.00 from the reserve fund to the State Department of Education to pay increased teacher salaries for 1944-1945 school term; and for other purposes.
Referred to the Committee on Appropriations.

HR 7-16A. By Mrs. Guerry of Macon.
A resolution to authorize the Governor to reconvey a tract of land to Macon county which was deeded to the State by Macon county; and for other purposes.
Referred to the Committee on Public Property.

HR 8-19A. By Mr. Alexander of Chatham.
A resolution to direct payment of a judgment obtained by A. S. Roach against the State Board of Barber and Hairdresser Examiners; and for other purposes.
Referred to the Committee on Special Appropriations.

The speaker announced the following standing committee assignments:

ACADEMY FOR THE BLIND

Wilson, Chairman Herndon, Vice-Chairman Weaver, Secretary
Alexander of Carroll Battles Bloodworth of Bibb Bloodworth of Houston Brunson Cowart Dallis DuPree Etheridge of Butts Giddens Herrin Hicks Johns

Knabb Livingston Mankin Matthews of Peach Medders Oden Parham Parks Seagler Seagraves Swint Underwood Wells of Ben Hill Wells of Lincoln Williams of Jones Williams of Gwinnett

AMENDMENTS TO THE CONSTITUTION NO. 1

Pittman of Bartow, Chairman Callaway, Vice-Chairman Young, Secretary
Almand

Bloodworth of Houston Brooke Brumby Campbell

32

JOURNAL OF THE HOUSE,

Cheek Dallis DeFoor Etheridge of Butts Fowler Gammage Gilbert Harrison of Jenkins Harrison of Wayne Holbrook Hubert Kenimer Kennon King Lancaster Littlejohn Livingston Lovett Mallard Mankin Mann of Henry Matthews of Paulding

Matthews of Peach McCurdy Medders Miller Mitchell Morrison Moye of Randolph Oliver O'Shea Pittman of Tift Riddlespurger Sapp Shields Smith of Bryan Strickland of Pike Swint Thompson Twitty Williams of Ware Wililams of Toombs Wilson

AMENDMENTS TO THE CONSTITUTION NO. 2

Culpepper, Chairman Weaver, Vice-Chairman Greer, Secretary
Adams Alexander of Chatham Arnall Arnold Baker Banks Bargeron Bloodworth of Bibb Brock Broome Brunson Cates Cheshire Connell Conner at Crow Dorsey of Cobb Durden Ennis, Marion Etheridge of Fulton

Evitt Fortson Gavin Gibson Gowen Greene Guyton Hand Harden Hardy of Hall Hart Hatchett Hicks Hinson of Ware Hogg Holleman Holley Hooks Jennings of Terrell Kelly Kendrick Kent Key

TUESDAY, JANUARY 9, 1945

33

Knabb Lam Lewis Mason Matthews of Paulding McCracken Moore Murphy Nicholson Pannell Phillips Ray Rossee Shields

Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Thrash Trotter Watford Wells of Ben Hill Whaley Williams of Appling Williams of Jones Willis Willoughby

APPROPRIATIONS

Gowen, Chairman Bargeron, Vice-Chairman Connerat, Secretary
Ansley Arnall Arnold Bloodworth of Bibb Bloodworth of Houston Boynton Brock Brooke Brumby Brunson Campbell Connell Culpepper DuP'ree Durden Ennis, J. H. Etheridge of Fulton Evitt Fortson Freeman Garrison Gibson Guyton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Wayne

Hefner Herndon Hicks Hill Holbrook Holleman Holley Hubert Hurst Jennings of Sumter Jennings of Terrell Kelly Kenimer Kent Key Knabb Lane Livingston McCracken McNall Mason Mankin Mitchell Oden Phillips Pittman of Tift Powell Price Riddlespurger Ritchie Rossee

34

JOURNAL OF THE HOUSE,

Sapp Sills Smiley Smith of Bryan Sparks Thompson Thrash

Trotter Whaley Williams of Appling Williams of Ware Williams of Coffee Williams of Jones

Ansley, Chairman Ritchie, Vice-Chairman Maund, Secretary
Adamson Baker Bargeron Boynton Broome Brumby Callaway Campbell Claxton Dykes Durden Gavin Gowen Holley Hollis Kelly Kennon Knabb

AUDITING
McCracken McNall Miller Moore Moye of Brooks Oakley Odom Oliver O'Shea Phillips Pittman Powell Price Ray Ramey Rossee Smith of Bryan Wells of Lincoln Williams of Appling Williams of Coffee

AVIATION

Fowler, Chairman Smith of Emanuel, Vice-Chairman Etheridge of Fulton, Secretary
Alexander of Chatham Battles Bloodworth of Bibb Brooke Broome Brumby Brunson Connell Connerat Cowart DeFoor

Dorsey of Cobb Durden Ennis, J. H. Gilbert Greer Hand Harrison of Screven Harrison of Wayne Hicks Hinson of Ware Holleman Holley Hubert Jennings of Sumter

TUESDAY, JANUARY 9, 1945

35

Kendrick Key Lane Littlejohn Looper Lovett Malone McNall Mullinax Pettit

Pittman of Tift Price Ray Riddlespurger Roughton Sapp Shields Thrash Williams of Coffee Young

BANKS AND BANKING

Arnold, Chairman Hall, Vice-Chairman Ray, Secretary
Alexander of Chatham Almand Arnall Baker Banks Battles Bloodworth of Bibb Brock Cates Chastain Crowley Culpepper Ennis, Marion Fortson Gibson Gowen Greene Guyton Hand Harrison of Jenkins Hicks Hill Jennings of Terrell Kenimer Key

King Littlejohn Lovett Mankin Mason Matthews of Peach McCurdy Moye of Randolph Nicholson Odom Oliver Overby Pittman of Tift Rossee Sapp Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Sumner Thompson Thrash Wells of Ben Hill Whaley Williams of Jones Williams of Ware Willoughby

COMMERCE

Hardy of Jackson, Chairman Williams of Ware, Vice-Chairman Herndon, Secretary
Alexander of Carroll

Baker Barwick Battles Brunson

36

JOURNAL OF THE HOUSE,

Brumby Campbell Cates Chance Dallis Dykes DuPree Guyton Hatchett Hollis

King Knabb Lane Lovett Murphy Oakley Pannell Pennington Thornton Twitty

CONSERVATION

Harrison of Jenkins, Chairman Hinson of Ware, Vice-Chairman Boynton, Secretary
Adams Alexander of Chatham Alexander of Carroll Barwick Bloodworth of Bibb Brumby Brunson Campbell Chance Claxton Cowart Dallis DeFoor Ennis, J. H. Gaskins Giddens Gowen Greer Guerry Hall Harrison of Screven Harrison of Wayne Jackson Jennings of Terrell Key King

Lewis Malone Mann of Rockdale Massey Mason McCurdy McNall Medders Moore Moye of Brooks Odom Oliver Parks Pettit Porter Riddlespurger Sapp Sears Seagler Smiley Smith of Bryan Sparks Thrash Watford Whaley Williams of Ware Williams of Appling Willoughby Witherington

CORPORATIONS

Jennings of Sumter, Chairman Crow, Vice-Chairman Shields, Secretary

Alexander of Chatham Arnold Barrett

TUESDAY, JANUARY 9, 1945

37

Battles Bloodworth of Houston Brunson Chastain Culpepper Dorsey of Cobb Ennis, J. H. Ennis, Marion Etheridge of Butts Fowler Guerry Hampton Hardy of Jackson Hill Hogg Holley Hurst Jennings of Terrell

Kenimer Key Lane Mallard Mankin Matthews of Peach Mitchell Mosley Oden Odom Pannell Ramey Smith of Oglethorpe Strickland of Upson Swint Trotter Weaver Williams of Toombs

COUNTIES AND COUNTY MATTERS

Sills, Chairman Hogg, Vice-Chairman Freeman, Secretary
Adams Alexander of Carroll Alexander of Chatham Almand Baker Barwick Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Brock Broome Burch Campbell Chance Cowart Crow Culpepper DeFoor Dorsey of Cobb Dorsey of White Dykes Etheridge of Fulton Gammage

Greene Hall Harden Hardy of Jackson Hampton Harrison of Screven Hart Hefner Herrin Hogg Holbrook Holleman Holley Hooks Hubert Jennings of Sumter Jennings of Terrell Johns Knabb Lam Looper Mallard Mankin Mann of Henry Mason Maund McCurdy

38

JOURNAL OF THE HOUSE,

Medders Morrison Moye of Brooks Moye of Randolph Mullinax Overby Pannell Pettit Price Ramey Seagler Seagraves Smiley

Sparks Thornton Thompson Watford Weaver Williams of Appling Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson

Smiley, Chairman Hand, Vice-Chairman Gowen, Secretary
Adams Ansley Baker Bargeron Boynton Cates Connell Crow Durden Fortson Freeman

DRAINAGE
Greer Holley Kelly Knabb Mason l\!IcCracken McNall Phillips Rossee Swint Thrash Wells of Ben Hill Whaley Williams of Appling

Young, chairman Kenimer, Vice-Chairman Willoughby, Secretary
Adams Almand Ansley Arnall Banks Bargeron Bloodworth of Bibb Boynton Broome Brumby Brunson Chance

EDUCATION NO. l
Cheshire Connell Connerat DeFoor Durden Ennis, Marion Gammage Gavin Gowen Guerry Guyton Hand Harden Hardy of Hall Hardy of Jackson

TUESDAY, JANUARY 9, 1945

39

Harrison of Wayne Hart Herndon Herrin Hinson of Ware Holleman Holley Hurst Jennings of Sumter Kelly Kendrick Kent Key Mason Massey Matthews of Paulding McCracken Moore Moye of Randolph

Nicholson Pennington Pittman of Tift Powell Price Rossee Sparks Sumner Swint Trotter Thompson Watford Weaver Wells of Ben Hill Williams of Appling Williams of Coffee Williams of Jones Williams of Gwinnett Witherington

EDUCATION NO. 2

Hatchett, Chairman Lam, Vice-Chairman Cowart, Secretary
Adamson Alexander of Carroll Arnold Barwick Battles Britton Callaway Cheek Culpepper Crowley Dallis Dorsey of Cobb DuPree Dykes Ennis, J. H. Etheridge of Butts Fortson Gaskins Gilbert Glisson Hall Hampton Harrison of Jenkins

Harrison of Screven Hinson of Jeff Davis Hogg Holbrook Holleman Holley Hooks Hubert Jackson Jennings of Terrell King Knabb Lancaster Lane Looper Lovett Mallard Malone Matthews of Peach Maund McCurdy Medders Morrison Mosley Moye of Brooks Mullinax

40

JOURNAL OF THE HOUSE,

Murphy Odom Overby Pittman of Bartow Porter Ritchie Sapp Smiley

Smith of Oglethorpe Smith of Bryan Strickland of Pike Wells of Lincoln Williams of Ware Williams of Toombs Willis

ENGROSSING

Wells of Ben Hill, Chairman Willoughby, Vice-Chairman Etheridge of Fulton, Secretary
Almand Black Broome Chastain Dallis Dorsey of White Etheridge of Butts Fortson Gammage Griswell

Hinson Holbrook Holloway Malone Nicholson Parham Porter O'Shea Roughton Rowland Strickland of Pike Underwood

Kent, Chairman Hooks, Vice-Chairman Ray, Secretary
Chance Cheek Evitt Fowler Gaskins Giddens Glisson Herndon

ENROLLMENT
Hicks Hill Littlejohn Mann of Rockdale Morrison Odom Sears Smiley Wiliiams of Ware Willoughby

EXCUSE OF MEMBERS ABSENT WITHOUT LEAVE

Hooks, Chairman Strickland of Pike, Vice-Chairman Giddens, Secretary
Adamson Barrett Battles Black

Burch Chance Dorsey of Cobb DuPree Garrison Gaskins Glisson

TUESDAY, JANUARY 9, 1945

41

Harrison of Wayne Herndon Holbrook Manous Mosley Odom Parks

Oliver Pannell Seagler Seagraves Sparks Thornton Underwood

GAME AND FISH

MeN all, Chairman Riddlespurger, Vice-Chairman ICnabb, Secretary
Adams Alexander of Carroll Almand Ansley Banks Bargeron Barwick Beddingfield Black Bloodworth of Bibb Boynton Brook Broome Brumby Burch Campbell Cheek Cheshire Claxton Cowart DeFoor Dorsey of White DuPree Durden Ennis, Marion Etheridge of Fulton Evitt Fortson Fowler Gammage Gary Gibson Gilbert Glisson Gowen

Greene Griswell Guyton Hampton Harden Hardy of Hall Hardy of Jackson Harrison of Wayne Hart Herrin Hinson of Jeff Davis Holbrook Hubert Jennings of Terrell Jennings of Sumter Johns ICelly ICing Lam Lane Littlejohn Looper Mallard Massey Mason Maund Medders Morrison Mosley Moye of Randolph Mullinax Oliver Overby Parham Pettit Ray Sills Sparks

42

JOURNAL OF THE HOUSE,

Williams of Appling Williams of Toombs Williams of Ware

Willoughby Whaley

GENERAL AGRICULTURE NO. 1

Mason, Chairman Bargeron, Vice-Chairman Malone, Secretary
Adams Almand Ansley Arnall Baker Barwick Boynton Broome Brunson Burch Callaway Cates Chance Cheshire Cowart Crowley DuPree Durden Etheridge of Butts Fortson Gavin Gibson Glisson Guerry Guyton Hampton Hand Harden Harrison of Wayne Hefner Herndon

Hinson of Jeff Davis Hinson of Ware Hogg Hubert Hurst Jennings of Sumter Kenimer Kelly Key Knabb Lovett Mallard Mann of Henry Matthews of Paulding Medders McCracken Nicholson Pennington Porter Rossee Rowland Smith of Bryan Sumner Thornton Thrash Underwood Watford Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Willis Wilson

GENERAL AGRICULTURE NO. 2

Swint, Chairman Brock, Vice-Chairman Lam, Secretary
Adamson Alexander of Carroll

Arnold Barrett Battles Beddingfield Black

'fuESDAY, JANUARY 9, 1945

43

Bloodworth of Bibb Bloodworth of Houston Campbell Chastain Claxton Dorsey of White Dykes Garrison Gary Gaskins Giddens Griswell Hall Hardy of Jackson H-arrison of Screven Herrin Hill Holbrook Holley Hollis Hooks Jackson Johns Kenimer King Lancaster Livingston Looper Manous

McCurdy Moore Morrison Moye of Randolph Moye of Brooks Mullinax Oden Odom Oliver Overby Pannell Parham Pittman of Tift Ramey Riddlespurger Roughton Sears Seagler Seagraves Sheffield Smiley Smith of Emanuel Sparks Strickland of Pike Trotter Twitty Wells of Ben Hill Wells of Lincoln

GENERAL JUDICIARY NO. 1

Lewis, Chairman Hubert, Vice-Chairman DeFoor, Secretary
Bargeron Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Chastain Connell Culpepper Durden Etheridge of Fulton Gilbert Guyton Hand

Harden Hardy of Jackson Hogg Key McCracken Mankin Mason Pannell Powell Roughton Smith of Bryan Strickland of Pike Sumner Thompson Weaver Whaley

44

JOURNAL OF THE HOUSt,

Williams of Coffee Willoughby

Lovett

GENERAL JUDICIARY NO.2

Hicks, Chairman Guyton, Vice-Chairman Callaway, Secretary
Alexander of Chatham Arnold Banks Black Bloodworth of Bibb Britton Brooke Cates Cheshire Connerat Crow Dallis Dorsey of Cobb DuPree Ennis, Marion Evitt Freeman Giddens Gowen Greer Griswell Harrison of Wayne

Hatchett Hefner Holleman Holley Kenimer Littlejohn McCurdy Matthews of Peach Miller Mitchell Murphy Nicholson Odom Pannell Pittman of Bartow Pittman of Tift Price Ray Riddlespurger Sapp
Smith of Emanuel Swint Twitty Young Lovett

GEORGIA SCHOOL FOR THE DEAF

Littlejohn, Chairman Livingston, Vice-Chairman Brumby, Secretary
Bloodworth of Houston Chance Dallis Dykes Giddens Glisson Hicks Hill Holley Hooks Johns Knabb

Maund Parham Pettit Ramey Roughton Rowland Sears Sheffield Smith of Oglethorpe Thrash Wells of Ben Hill Wells of Licnoln Willis Wilson Witherington

TUESDAY, JANUARY 9, 1945

45

GEORGIA STATE SANITARIUM

Ennis, Marion, Chairman Oden, Vice-Chairman Looper, Secretary
Bargeron Brock Boynton Broome Brunson Claxton Cowart Crowley Dorsey of White Durden Ennis, J. H. Etheridge of Butts Evitt Fortson Gavin Gibson Giddens Guerry Hampton Harden Hardy of Hall Hart Hatchett Hefner Herndon Hicks Hinson of Ware Holley

Hurst Jackson Johns Kenimer Kent Key Lancaster Littlejohn Mallard Malone Maund Mullinax Murphy Overby Pettit Powell Price Rossee Sapp Sears Smith of Oglethorpe Sumner Thompson Thornton Wells of Ben Hill Williams of Appling Williams of Jones Willis Willoughby Witherington

HALLS AND ROOMS

Matthews of Peach, Chairman Herndon, Vice-Chairman Sears, Secretary
Battles Gaskins Giddens Harrison of Jenkins Hatchett Hicks Kendrick Key Livingston

Mann of Rockdale McCracken McNall Mitchell Mullinax P'arks Pennington Ramey Ray Seagraves Smiley

46

JOURNAL OF THE HOUSE,

HISTORICAL RESEARCH

Guerry, Chairman Herndon, Vice-Chairman Williams of Ware, Secretary
Barwick Boynton Brumby Callaway Guyton Hatchett

Lam Lancaster Price Roughton Thrash W~aver Wilson Young

HYGIENE AND SANITATION

Fortson, Chairman

Moye of Brooks, Vice-Chairman

Brock, Secretary

Boynton

Campbell

Cates

Cheek

Claxton

Connell

Crow

Crowley

DeFoor

DuPree

Durden

Ennis, Marion

Etheridge of Butts

Evitt

Fowler

Freeman

Gary



Gowen

Greene

Guerry

Greer

Guyton

Hand

Hampton

Harrison of Jenkins

Harrison of Screven

Harrison of Wayne

Hefner

Herndon

Hinson of Ware

Hooks

Hubert Jennings of Terrell Johns Kennon Kent King Lancaster Lewis Livingston Looper Lovett McCurdy McNall Mankin Massey Matthews of Paulding Miller Moye of Randolph Murphy Nicholson Oden O'Shea Pannell Porter Ray Riddles p u r g e r Rossee Sapp Shields Smith of Bryan Sumner Thornton Thrash Weaver

,

TUESDAY, JANUARY 9, 1945

47

Wells of Lincoln Williams of Appling Williams of Gwinnett Williams of Jones

Willoughby Willis Witherington

INDUSTRIAL RELATIONS

Kendrick, Chairman

Hatchett

Holley, Vice-Chairman

Hicks

Trotter, Secretary

Hubert

Arnall

Jennings of Sumter

Arnold

Kelly

Bargeron

Key

Brock

Lane

Brooke

Littlejohn

Broome

Lovett

Brumby

Mankin

Callaway

Maund

Connell

McCracken

Crow

McCurdy

Dallis

McNall

Dorsey of Cobb

Moore

DuPree

Pettit

Durden

Phillips

Etheridge of Fulton

Pittman of Tift

Evitt

Ray

Freeman

Shields

Gavin

Strickland of Upson

Gowen

Swint

Greer

Weaver

Guyton

Wells of Ben Hill

Hand

Williams of Toombs

Hardy of Jackson

Young

Phillips, Chairman Ansley, Vice-Chairman Sapp, Secretary
Alexander of Chatham Almand Baker Bargeron Brooke Cheshire Connell Crowley DuPree Durden

INSURANCE
Etheridge of Butts Gowen Greene Greer Griswell Hall Hand Harden Harrison of Wayne Herndon Hinson of Jeff Davis Hinson of Ware Jennings of Sumter

48

JOURNAL OF THE HOUSE,

Kelly Kendrick Kent Lam Mason Maund McCracken Moore Murphy

Pittman of Tift Rossee Shields Smith of Emanuel Smith of Oglethorpe Thrash Weaver Wells of Ben Hill

INTERSTATE CO-OPERATION

Durden, Chairman Hand, Vice-Chairman Phillips, Secretary

Arnall Gowen McCracken

INVALID PENSIONS AND SOLDIERS HOME

Etheridge of Fulton, Chairman Etheridge of Butts, Vice-Chairman Ennis, Marion, Secretary
Alexander of Carroll Battles Dorsey of White Gammage Gaskins Harrison of Jenkins Hart Herndon Hooks Johns

Livingston Lovett Oakley Parham Pittman of Bartow Roughton Rowland Sheffield Smiley Sumner Swint Williams of Coffee

Evitt, Chairman Miller, Vice-Chairman Willis, Secretary
Gammage Garrison Gary Glisson

JOURNALS
Griswell Kelly Looper Mullinax Pannell Riddlespurger Williams of Ware

LEGISLATIVE AND CONGRESSIONAL RE-APPORTIONMENT

Mitchell, Chairman Kennon, Vice-Chairman King, Secretary
Bloodworth of Bibb Bloodworth of Houston

Connell Gaskins Gibson Greene Giddens

TUESDAY, JANUARY 9, 1945

49

Guyton Hand Harrison of Wayne Hart Hatchett Hinson of Jeff Davis

Hooks Hurst Lovett Medders Miller Roughton

MANUFACTURERS.

Hogg, Chairman Pittman of Tift, Vice-Chairman Kenimer, Secretary
Arnold Chastain Crowley Greene Hefner Holleman Jennings of Sumter Livingston

Looper Mason Oakley Parham Powell Ramey Smith of Oglethorpe Strickland of Upson Trotter Weaver

MILITARY AFFAIRS

Broome, Chairman Overby, Vice-Chairman Bloodworth of Houston, Secretary
Almand Bargeron Black Britton Brumby Cates Chastain Cheshire Claxton Connell Connerat Durden Ennis, J. H. Etheridge of Butts Etheridge of Fulton Gilbert Guyton Hardy of Hall Hardy of Jackson Hicks Hogg Holleman

Hurst Jennings of Sumter Jennings of Terrell Kelly Key King Knabb Lam Lovett Mallard Matthews of Peach Miller Mosley Moye of Randolph McCracken O'Shea Pettit Phillips Pittman of Tift Price Rossee Roughton Sapp Smiley Smith of Emanuel

50

JOURNAL OF THE HOUSE,

Swint Thrash Twitty

Wells of Ben Hill Wilson

MINES AND MINING

Pettit, Chairman Lane, Vice-Chairman Hefner, Secretary
Bloodworth of Houston Boynton Britton Brumby Crow Dorsey of White Hampton Hatchett Key

Livingston Manous Massey Matthews of Paulding Medders Mullinax Pannell Parks Pennington Porter Roughton Sparks

Adams, Chairman Harden, Vice-Chairman Dorsey of White, Secretary
Ansley Baker Banks Bargeron Brock Broome Chastain Crow Durden Dykes Etheridge of Fulto,n Evitt Fortson Greer Hall Hand Hinson of Ware Jennings of Sumter

MOTOR VEHICLE
Kelly Littlejohn McCracken Mallard Mann of Rockdale Mason Miller Moye of Brooks Oden Pettit Phillips Ray Rossee Sapp Sills Smith of Oglethorpe Smith of Emanuel Sparks Whaley Williams of Gwinnett

MUNICIPAL GOVERNMENT

Bloodworth of Bibb, Chairman King, Vice-Chairman Connell, Secretary

Alexander of Chatham Baker Brooke

TUESDAY, JANUARY 9, 1945

51

Broome Callaway Cowart Crow Culpepper Durden Dorsey of Cobb Ennis, J. H. Etheridge of Fulton Gavin Gibson Gilbert Gowen Greer Guyton Hand Harden Hardy of Hall Hefner Hill

Hogg Hubert Kendrick Kent Key Lam Lancaster Littlejohn Mason Miller Moye of Randolph Oakley Phillips Price Rossee Shields Sills Smith of Emanuel Swint

PENITENTIARY

Baker, Chairman Harden, Vice-Chairman AJmand, Secretary
Arnall Barwick Black Bloodworth of Houston Boynton Broome Burch Campbell Chastain Cowart Dykes Etheridge of Butts Gammage Gary Guerry Hampton Hefner Hicks Hinson of Ware Hinson of Jeff Davis Herrin Holbrook

Holleman

Holley Hollaway



Johns

Kelly

Knabb

Littlejohn

Looper

Lovett

McCurdy

Mallard

Mann of Rockdale

Mann of Henry

Manous

Mason

Matthews of Peach

Medders

Mosley

Mullinax

Oakley

Odom

O'Shea

Parham

P'arks

Pennington

52

JOURNAL OF THE HOUSE,

Pettit Phillips Pittman of Tift Pittman of Bartow Price Ray Riddlespurger Roughton Rowland Seagler Seagraves

Sears Sheffield Sills Thompson Twitty Watford Wells of Lincoln Williams of Toombs Witherington Underwood

Oden, Chairman

Thornton, Vice-Chairman

Strickland of Upson, Secretary

Adamson

Barrett

Beddingfield

Black

Britton

Burch

Cheek



Crowley Dykes

Etheridge of Butts

Garrison

PENSIONS
Glisson Greene Griswell Hall Harrison of Wayne Hart Hinson of Jeff Davis Hollis Holloway Jackson Kent Lewis Mann of Henry Massey

PRIVILEGES AND ELECTIONS

Knabb, Chairman Mosley,Vice-Chairman Morrison, Secretary
Mullinax Oakley O'Shea Parks Pennington Powell Ramey

Ritchie Rowland Seagraves Sheffield Trotter Underwood Willis Witherington Young

PRIVILEGES OF THE FLOOR

Maund, Chairman Adamson, Vice-Chairman Alexander of Carroll, Secretary
Arnall

Barrett Beddingfield Callaway Chance

TUESDAY, JANUARY 9, 1945

53

Claxton Conner at DeFoor Dorsey of White Gary Gibson

Griswell Hall Harrison of Screven Hart Holleman

PUBLIC HIGHWAY NO. 1

Rossee, Chairman Gavin, Vice-Chairman Williams of Jones, Secretary
Adamson Almand Britton Callaway Campbell Cowart Crowley Dorsey of White Dykes Ennis, J. H. Fowler Gammage Gary Garrison Gaskins Giddens Gilbert Glisson Greene Griswell Guerry Hall Hampton Harden Hardy of Jackson Harrison of Screven Harrison of Wayne Hart Hefner Herrin Hill Hinson of Jeff Davis Hollis Holleman Holbrook Holloway

Hooks Hubert Hurst Jackson Johns Kennon King Lancaster Littlejohn Livingston Looper Lovett Malone Mankin Mann of Henry Manous Matthews of P'each McCurdy Mitchell Morrison Mosley Moye of Randalph Moye of Brooks Mullinax Oakley Odom Oliver O'Shea Parham Parks Pennington Pittman of Bartow Pittman of Tift Porter Powell Price Rowland Seagler Seagraves

54

JOURNAL OF THE HOUSE,

Smith of Bryan Strickland of Upson Thompson Underwood Williams of Appling

Williams of Toombs Williams of Ware Wilson Witherington

PUBLIC HIGHWAY NO. 2

Cates, Chairman Gibson, Vice-Chairman Banks, Secretary
Adams Ansley Arnall Arnold Baker Black Bloodworth of Bibb Bloodworth of Houston Boynton Brock Broome Brunson Chance Cheshire Claxton Connell Connerat Dorsey of Cobb Durden Ennis, Marion Etheridge of Butts Evitt Fortson Freeman Gowen Greer Hand Hardy of Hall Harrison of Jenkins Hatchett Hinson of Ware Hogg Holley Jennings of Sumter Jennings of Terrell

Kelly Kendricks Kent Kenimer Key Knabb Lam Lane Lewis McCracken Mason Massey Matthews of Peach Maund Medders Miller Moore Murphy Oden P'annell Pettit Phillips Ray Ritchie Sears Shields Smith of Emanuel Sparks Sumner Swint Thrash Trotter Watford Weaver Whaley Willis Willoughby Young

TUESDAY, JANUARY 9, 1945

55

PUBLIC LIBRARY

Smith of Oglethorpe, Chairman Adamson, Vice-Chairman Barrett, Secretary
Barwick Beddingfield Black Britton Burch Chastain Crowley Dallis Dykes Garrison Gary

Glisson Griswell Hall Hampton Hinson of Jeff Davis Hollis Holloway Jackson Parham Ramey Rowland Seagler Seagraves Sheffield

PUBLIC PRINTING

Hardy of Hall, Chairman Gammage, Vice-Chairman Williams of Ware, Secretary
Brumby Calloway Etheridge of Butts Greer Herrin Livingston Lovett

Mankin Manous Mullinax Ramey Roughton Strickland of Upson Thompson Williams of Coffee Wilson

PUBLIC PROPERTY

Key, Chairman Strickland of Pike, Vice-Chairman Dallis, Secretary
Alexander of Chatham Bargeron Bloodworth of Bibb Connell Cowart Dorsey of Cobb DeFoor Fowler Gary Gavin

Hinson of Ware Kendrick McCurdy Moore Pannell Powell Roughton Shields Sumner Underwood Whaley Willoughby

Connell, Chairman

PUBLIC UTILITIES Alexander of Chatham, Vice-Chairman

56

JOURNAL OF THE HOUSE,

Pannell, Secretary Baker Bargeron Bloodworth of Bibb Brooke Cowart Culpepper Dallis DeFoor Dorsey of Cobb Durden Dykes Ennis, J. H. Fowler Gary Gavin Hand Hinson of Ware Hogg

Johns Kendrick Key King Lewis McCracken McCurdy Moore Phillips Powell Rossee Roughton Shields Strickland of P'ike Sumner Wells of Ben Hill Whaley Willoughby

PUBLIC WELFARE

Cheshire, Chairman Watford, Vice-Chairman Jennings of Terrell, Secretary
Adams Ansley Banks Bargeron Black Bloodworth of Bibb Boynton Brock Brunson Connell Connerat Cowart Crow Dorsey of White DuPree Ennis, Marion Etheridge of Butts Gammage Gilbert Gowen Greer Guerry Harrison of Screven

Harrison of Wayne Herrin Hicks Hill Hinson of Ware Holley Holloway Hooks Hurst Jackson Kendrick Kenimer Knabb Lam Livingston Looper Mann of Henry McNall Murphy Oliver Overby Pittman of Tift Ritchie Rossee Sears Sheffield

TUESDAY, JANUARY 9, 1945

57

Shields Smith of Oglethorpe Strickland of Upson Sumner Swint Thrash

Weaver Wells of Lincoln Williams of Ware Williams of Appling Willoughby Witherington

Almand, Chairman Whaley, Vice-Chairman Porter, Secretary
Adamson Alexander of Chatham Alexander of Carroll Barrett Beddingfield Black: Britton Burch Cheek: Cowart Crowley Dykes

. RAILROADS
Etheridge of Butts Fowler Garrison Gary Gaskins Glisson Greene Griswell Herndon Kennon Mann of Henry Smith of Oglethorpe. Swint Underwood Wells of Lincoln

The Speaker, Chairman Durden, Vice-Chairman Hand, Secretary
Adams Alexander of Chatham Ansley Arnall Arnold Brock: Boynton Cates Cheshire Connell Culpepper Dallis Dorsey of Cobb Ennis, Marion Evitt Fortson Gavin Gowen

RULES

Gibson Hardy of Hall Harrison of Jenkins Hogg Hill Hubert Jennings of Sumter Jennings of Terrell Kendrick: Key Lewis Littlejohn McCracken Mason Pettit Phillips Rossee Smiley Sills Thrash Weaver

58

JOURNAL OF THE HOUSE,

Wells of Ben Hill Whaley Williams of Ware

Williams of Jones Young

SANITARIUM AT ALTO

Sumner, Chairman Gary, Vice-Chairman Matthews of Paulding, Secretary
Adamson Ansley Banks Barrett Beddingfield Black Britton Brock Brooke Burch Chance Chastain Cheek Crow Crowley Dorsey of White Dykes Etheridge of Butts Garrison Gaskins Glisson Greene Greer Griswell

Guerry Hall Hampton Harrison of Wayne Hart Hinson of Jeff Davis Hollis Holloway Lewis Livingston Malone Mankin Mann of Henry Mann of Rockdale Manous Matthews of Peach Mosley Moye of Brooks Roughton Smiley Smith of Bryan Strickland of Upson Watford Williams of Gwinnett Witherington Young

SPECIAL APPROPRIATIONS

Ennis, J. H., Chairman Dallis, Vice-Chairman Twitty, Secretary
Adamson Alexander of Carroll Banks Barrett Battles Beddingfield Black Britton Burch

Callaway Chance Chastain Cheek Crowley Dykes Etheridge of Butts Fowler Freeman Garrison Gaskins Glisson

TUESDAY, JANUARY 9, 1945

59

Greene Hall Harrison of Screven Harrison of Wayne Hart Hefner Herrin Hinson of Jeff Davis Hollis Holloway Morrison Mullinax

Oakley O'Shea Overby Parks Pennington Pittman of Bartow Rowland Seagler Sheffield Strickland of Upson Strickland of Pike

SPECIAL JUDICIARY

Pannell, Chairman Williams of Toombs, Vice-Chairman Young, Secretary
Gary Johns Kennon Kent Lancaster Lewis Looper Lovett Mankin Mann of Henry Mann of Rockdale Manous 1\fassey Matthews of Peach McNall Mitchell Morrison Mosley Mullinax Nicholson

Oakley Oliver Overby O'Shea Parks Parham Pennington Porter Powell Ramey Riddlespurger Ritchie Rowland Seagler Seagraves Sears Sheffield Smith of Bryan Strickland of Upson Strickland of Pike Thornton Wilson

STATE PRISON FARM

Oliver, Chairman Williams of Appling, Vice-Chairman Watford, Secretary
Adamson Alexander of Carroll Ansley Arnold

Banks Barrett Beddingfield Britton Brock Brooke Cheek

60

JOURNAL OF THE HOUSE,

Crowley Dorsey of White Evitt Fowler Freeman Garrison Glisson Greene Hall Harrison of Wayne Hollis Holloway Kennon

Lewis Malone Massey Morrison Mullinax Overby Smiley Smith of Bryan Strickland of Upson Strickland of P'ike Thornton Trotter Underwood

STATE OF REPUBLIC

McCracken, Chairman Connell, Vice-Chairman Evitt, Secretary
Adams Alexander of Carroll Ansley Arnall Arnold Baker Barrett Beddingfield Brock Brunson Burch Cates Cheek Cheshire Claxton Conner at Crowley Culpepper DeFoor Durden Ennis, Marion Etheridge of Butts Fortson Fowler Freeman Garrison Gavin Gibson Glisson

Gowen Greer Guyton Hall Hand Hardy of Hall Harrison of Jenkins Hinson of Jeff Davis Hefner Hinson of Ware Hogg Holleman Holley Hollis Hubert Jennings of Terrell Johns Kelly Kendrick Kenimer Kennon Kent Knabb Lam Lane Lewis Mallard Mann of Henry Massey Matthews of Paulding Maund Medders

TUESDAY, JANUARY 9, 1945

61

Miller Moore Morrison Mosley Murphy Nicholson Oden Overby Phillips Ritchie

Sears Sills Smiley Smith of Emanuel Smith of Oglethorpe Thrash Trotter Watford Willis

TEMPERANCE

Kelly, Chairman Harrison of Jenkins, Vice-Chairman Alexander of Chatham, Secretary
Ansley Baker Bargeron Claxton Connell Connerat Dorsey of Cobb Durden Ennis, J. H. Etheridge of Fulton Gibson Gowen Greer Hand Hatchett

Hinson of Ware Holley Kendrick Key Knabb Littlejohn McNall Miller Phillips Sapp Smith of Emanuel Smith of Oglethorpe Thrash Weaver Whaley Williams of Coffee Young

TRAINING SCHOOLS

Jennings of Terrell, Chairman DuPree, Vice-Chairman Chance, Secretary
Connell Cowart Crowley Ennis, J. H. Gaskins Glisson Greene Gowen Guerry Hardy of Jackson Hinson of Ware

Holley Hollis Kenimer Lam Lane Massey Matthews of Paulding Mitchell Pettit Ritchie Rossee Sears Sparks Sumner

62

JOURNAL OF THE HOUSE,

Thrash Weaver

Wells of Lincoln Wells of Ben Hill

UNIVERSITY SYSTEM OF GEORGIA

Thrash, Chairman Brumby, Vice-Chairman Pittman of Tift, Secretary
Adamson Alexander of Carroll Almand Barrett Beddingfield Black Bloodworth of Houston Britton Brock Burch Callaway Chance Chastain Cheek Claxton Connerat Crowley Dorsey of White Dykes Ennis,]. H. Ennis, Marion Etheridge of Butts Fowler Freeman Gammage Garrison Giddens Glisson Greene Griswell Guerry Hall Hardy of Hall Harrison of Screven Harrison of Wayne Hart Herrin

Hill Hinson of Jeff Davis Hollis Holloway Hooks Jackson Kendrick Kennon Lam Lancaster Lane Mallard Malone Mann of Henry Manous Matthews of Peach Matthews of Faulding Morrison Mosley Moye of Brooks Moye of Randolph Nicholson Oakley O'Shea Overby Parks Pennington Pittman of Bartow Porter Price Ramey Ritchie Rowland Seagraves Smith of Bryan Smith of Oglethorpe Smith of Emanuel Thornton Trotter

TUESDAY, JANUARY 9, 1945

63

UNIFORM STATE LAWS

Boynton, Chairman Sparks, Vice-Chairman Ifampton, Secretary
Adamson Alexander of Carroll Barrett Battles Beddingfield Black Crowley DeFoor Dykes

Greene Hart Herrin Ifolloway Malone Massey Mosley Mullinax Oakley Parham Parks

VETERANS AFFAIRS

Price, Chairman Shields, Vice-Chairman Crow, Secretary
Arnold Bargeron Bloodworth of Bibb Britton Callaway Chastain Connell Dallis Durden If all Herndon Ificks Ifinson of Ware Jennings of Terrell

Kennon Lovett McCurdy Matthews of Peach Massey Moye of Brooks Moye of Randolph Nicholson Pittman of Tift Roughton Sills Smith of Emanuel Sumner Thrash Weaver Williams of Toombs

WAYS AND MEANS

Arnall, Chairman Key, Vice-Chairman Smith of Emanuel, Secretary
Adams Adamson Alexander of Carroll Alexander of Chatham Almand Baker Bar2:eron Barrett

Beddingfield Boynton Broome Burch Cates Cheek Cheshire Cowart Culpepper Dallis Dorsey of Cobb

64

JOURNAL OF THE HOUSE,

Dorsey of White Durden Ennis, Marion Fowler Gammage Gary Gavin Gilbert Gowen Greene Hall Hampton Hatchett Herndon Herrin Hill Hinson Hogg Hooks Jackson Kendrick King Lancaster Littlejohn Looper Lovett

McCurdy Mallard Mann of Rockdale Manous Massey Matthews of Paulding Maund Medders Morrison Murphy Oliver Pannell Pettit Pittman of Bartow Powell Shields Strickland of Upson Sumner Swint Twitty Wells of Ben Hill Williams of Gwinnett Williams of Jones Wilson Young

WESTERN AND ATLANTIC RAILROAD

Gilbert, Chairman Evitt, Vice-Chairman Crow, Secretary
Adamson Almand Arnall Banks Beddingfield Black Britton Brooke Brumby Burch Chance Cheek Claxton Conner at Crowley Dallis

Etheridge of Fulton Etheridge of Butts Garrison Gaskins Giddens Glisson Greene Griswell Hall Hardy of Jackson Harrison of Wayne Harrison of Screven Harrison of Jenkins Hardy of Hall Hart Hefner Hicks Herrin of Echols Hinson of Jeff Davis

TUESDAY, JANUARY 9, 1945

65

Hinson of Ware Holbrook Hollis Holleman Holley Holloway Hooks Hurst Jackson of Washington Kent Kelly King Lancaster Lewis Malone Mann of Henry Mann of Rockdale Massey Matthews of Peach Maund Miller Mitchell Morrison Mosley Nicholson Oakley

Oliver O'Shea Overby Parks Pettit Pittman of Bartow Porter Price Ramey Ray Sears Shields Sheffield Smith of Bryan Smith of Emanuel Smith of Oglethorpe Smiley Strickland of Upson Underwood Watford Williams of Appling Williams of Coffee Willis Willoughby Witherington

All members present, who did not take the oath of office yesterday, carne forward and Judge I. H. Sutton, Judge of the Court of Appeals, administered the oath of office.
By unanimous consent the speaker, clerk and Justice Lee B. Wyatt were authorized to administer oath of office to Mr. Freeman of Upson, who is confined to his hotel room on account of illness.
The following resolution of the House was read and adopted:

HR 8. By Mr. Durden of Dougherty. BE IT RESOLVED, that the House do now proceed to elect a State Auditor
and submit his name to the Senate for confirmation.
Under provisions of HR 8, Mr. Fortson of Wilkes nominated Hon. B. E. Thrasher, Jr., for re-election as Auditor.
There being no other candidates for Auditor the nominations were closed.

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

Adams Adamson

Alexander of Carroll Alexander of Chatham

Almand Ansley

66

JOURNAL OF THE HOUSE,

Arnall of Coweta Arnold of Spalding Baker Banks Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Callaway Campbell Chance Chastain Cheek Cheshire Claxton Connell Conner at Cowart Crow Crowley Culpepper Dallis Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler
Gammage
Garrison
Gaskins

Gavin Gibson Giddens Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hall Hampton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Kelly Kendrick Kenimer Kennon Kent Key King
Knabb

Lam Lancaster Lewis Littlejohn Livingston Looper Maund McCurdy McNall Mallard Mann of Henry Mann of Rockdale Manous Mason Massey Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Odom Oliver O'Shea Overbv Parha~ Parks Pannell Phillips Pittman of Tift Porter Powell Ramey Ray Riddlespurger Ritchie . Rossee Roughton Rowland Sapp
Seagler

TUESDAY, JANUARY 9, 1945

67

Seagraves Sears Shieffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Sumner

Swint Thompson Thornton Thrash Trotter Twitty Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln

Those not voting were :

Cates DeFoor Freeman Gary Holley Johns Lane

Lovett Matthews of Paulding Matthews of Peach Malone Mankin McCracken

Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington
Pennington Pettit F'ittman of Bartow Price Strickland of Upson Young

By unanimous consent verification of the roll call was dispensed with. Upon consolidating the votes, it was found that 1\<Ir. Thrasher had received 184 votes, being the entire number of votes cast. Hon. B. E. Thrasher, Jr., having received a majority vote of the members of the House was declared elected State Auditor.
The following resolution was read and adopted:

HR 9 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 has elected the Honorable B. E. Thrasher, Jr., as State Auditor and ask that the Senate confirm his election.
Mr. Etheridge of Fulton made an announcement concerning the banquet, honoring the members of the General Assembly, sponsored by the Atlanta Chamber of Commerce.
The speaker introduced Mr. W. D. Page, Mayor of Augusta, to the House and many other prominent citizens of Augusta which included:'(;. Wesley Killebrew, Millard Beckum, Wilmer D. Lanier, F. Frederick Kennedy, Sheriff M. Gary Whittle, Shorty Rowe, Walter R. McDonald, H. T. Farris, Dick Scoggins and R. S. Holley.

68

JOURNAL OF THE HOUSE,

Mr. Page presented to the speaker a set of Haviland China as a token of appreciation from the City of Augusta.
The speaker presented Hon. Ed Everett, Chairman of the Pardon and Parole Board, who introduced the following distinguished officials of the State of Virginia: Hon. William Meacham, Chairman of the Parole Board of Virginia; Hon. Robert Button and Hon. Russell DeVine, members.
The hour of convening the joint session of the House and Senate having arrived the Senate appeared on the floor of the House and the joint session convened for the purpose of hearing a message from 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 sessi~n.

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, Members of the General Assembly, and Fellnw Georgians:
Since I took office as Governor of Georgia two years ago, events of the utmost consequence to all of the peoples of the world have taken place. Today, upon battle fronts that range from the windswept, snow covered plains of France and Belgium and Germany to the jungles of Facific islands on the opposite side of the globe, Americans are engaged in battles, whose outcome will determine whether men shall walk erect, free to make their own destinies, or whether they shall be slaves, not only to those who preach the doctrines of their own superiority but to those doctrines of hate and prejudice, of malice and cruelty, that since the foundation of this Republic we have despised.
I am aware, and I know that the members of the General Assembly are mindful; that as they convene today to exercise the rights of representatives of a free people, young men and young women from Georgia are giving up their lives, giving up their comfort, that freedom may continue to live. It is our. duty, here at home, to contribute all that we can to the effort of our common country and its allies to win early victory. Beside that obligation every other duty seems insignificant. And then, transcending every other duty comes the task of preparing a peacetime world in which those who have borne with such stout courage the heavy burden of our defense, shall have ample opportunity for enjoying the life of opportunity which their valor has won. These are serious times.
CRITICAL DAYS AHEAD
Believe me when I tell you that critical days are ahead. The progress of the war is not all that ~ might wish. The import of the German break-through has not yet been known, but I think that I might with propriety say that we have received a set-back second only to Pearl Harbor, insofar as the sacrifice of men, munitions, equipment and materials is concerned.

TUESDAY, JANUARY 9, 1945

69

Last week in Washington no matter how many gasoline coupons one had, it was utterly impossible to buy a gallon of gasoline. The cigarette shortage continues and will grow more acute. The State sources of revenue will dwindle in the year that lies ahead. Automobiles are wearing out. Economists point out that business will fall off at least ten per cent. during 1945. Incomes will dwindle. Farm labor is being drafted. 4-F's are being reclassified. Practically all of our young men are being called into service. While we are glad to make sacrifices necessary to win the ultimate victory that must come to our cause, yet the loss of income to our State will be increasingly great. The chenille industry in north Georgia has been abruptly stopped. The poultry business is being cut back. I could go on and point out the warnings that are obvious to everyone; but what I am saying and what this all means is simply this-more economy in State government must be effectuated. Less money must be spent for non-essentials. Our belt must be tightened and any talk of increasing State benefits or appropriations is utterly and completely out of the question.
While I will veto any tax increase, it is ridiculous to taik of increasing appropriations under our present tax structure. I am perfectly willing to see more funds provided for needed services conditioned upon the hard and fast rules that the money is actually in cash in the State Treasury and available.
APPROPRIATIONS REQUIRE CASH
By the same token, I vigorously oppose any repeal of present tax laws and I warn the Assembly that if a single tax law is repealed, the loss will fall upon those who have benefitted from the increase in available funds under the present tax structure, namely the school teachers of Georgia. We can continue to do for education, health and other activities that require priority only so much as cash money in hand will allow. I will not be a party to misleading the school teachers of Georgia. I will not be a party to misleading the old people of Georgia. I will not be a party to misleading the sick people of Georgia; we cannot do for them except with money-and appropriations are meaningless unless the money is or will be available. And so in making additional grants to education, I recommend that the State not be bound to future commitments but only that we do so much for education as available funds will permit.
The Constitution and laws of our State make it the duty of the Governor of Georgia to render a report to the General Assembly upon the state of the Commonwealth and to deliver to the Assembly a message upon its budgetary needs.
This is the first time since the adoption of the Constitution of 1877 that a
Governor has delivered a message to an Assembly with which he was not concurrently chosen in the previous General Election. However, most of the members of the 1945 Assembly have served in previous sessions; many of you were members of the 1943 Legislature, which enacted so large a number of progressive measures; all of you, chosen under our representative system of government, are friends of good government in Georgia, and I know that you will work harmoniously for the improvem~nt of conditions of our State. The Executive Department stands ready, at all times, to cooperate with the General Assembly in every possible way.

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As we go into this session of the Legislature, where so much of great importance to the future of our State will be decided, let us restate some of the great principles that are our people's heritage:
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 TRUSTEES
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 remain forever separate and distinct, and no person discharging the duties of one, should, at the same time, exercise the functions of either of the others.
The rights of our citizens to all the civil liberties is the cornerstone of our dwelling-house of freedom and must be preserved, at all times, despite any arguments of temporary expediency. With its two great mottoes: that of the Colony, "NOT FOR OURSELVES, BUT FOR OTHERS"; that of the State, "WISDOM, JUSTICE, MODERATION," Georgia has a special responsibility in this day, when we court disaster if we fail to remember that nowhere on earth can any man be free, unless everywhere all men are free.
This administration took office pledged to certain definite reforms, to certain accomplishments and to certain aims.
Very largely through a legislative program with which the 1943 Assembly helped to redeem the pledges that I made to Georgians in my campaign for Governor, and to some extent through administrative methods that we have adopted, we have made substantial progress toward fulfillment of these objectives.
The General Assembly passed a resolution placing the entire resources of the State government at the disposal of our Commander-in-Chief and the Federal Government during the war emergency. The first duty of every American was and is to cooperate in the common defense of our common country. We did more, however, than pay lip service. Every agency of the State has cooperated fully with the national program. The Highway Department has sought to maintain those roads essential to the transport of men and supplies. Our Public Health Department has aided effectively the military authorities of the United States Public Health Service. Our educational establishment has a record of outstanding achievement. The University System has trained thousands of young men and young women for the armed services. The common schools, through a vocational program that has attracted nation-wide attention, has trained thousands upon thousands of efficient workers in war industries. All of our agencies dealing with agricultural problems have assisted the farmers in their magnificent record of war time food production. Thus Georgia made good on the first pledge of our ten point program.
DICTATORSHIP ENDED
We have ended dictatorship in Georgia.

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71

No longer is there a "one man rule" over departments. No longer is there "one man control" over finances. No longer is there "one man bossship" over State employees. The 1943 General Assembly established constitutional Boards for the University System and the Department of Education, thus insuring that the educational establishment, the veritable fountain-head of liberty in a democratic commonwealth, should not be polluted at the source.
Parenthetically, I am happy to be able to make the announcement that the
tremendous damage done to our State colleges h certain acts of dictatorship have
been repaired as a result of these salutary reforms, and that Georgia's institutions of higher learning now have been restored to full fellowship with their peers throughout America.
The authority of the Governor to remove elective officials was abrogated by constitutional amendment, and the Governor's power to strike from the budget the name of any State employee, no matter how honorable and efficient, at personal whim, was eliminated. Control by the Chief Executive over the Fish and Game Commission, which ought to belong to the farmers and sportsmen of Georgia was ended. The Highway Patrol is independent and free from politics.
One of the most important reforms was directed at the misuse of clemency. The 1943 Assembly provided, and the people approved in an election, the creation of a Pardon and Parole Board. That ended the pardon racket. No longer are frauds perpetrated on the courts by the liberation of convicts within a few hours after their conviction, as occurred when the congested Governor's office was responsible for the handling of all pardon and parole cases.
As a result of this reform, clemency has become what it should be; a strong force for moral ~egeneration and social rehabilitation of those who have made mistakes for which society must exact punishment. The record discloses that of the first two thousand men to be released under the new system, only 4% violated any proviso of their release, and that most of these violations were of a technical nature and did not involve the commission of any new crime.
PENAL REFORM
An extraordinary session of the General Assembly was convened in September, 1943, to consider the problem of penal reform. The prison system was breaking down. The public was aroused by authenticated stories of laxity on the one hand and extreme brutality on the other. The Assembly adopted a new progressive program, which I am able to report is bearing fruit. The progress has been slower than we would wish, because until after the war we cannot obtain new machinery to replace that which was recklessly destroyed, sold or abandoned. However, what has been accomplished-and I will permit the departmental report to speak for itself-is impressive and will justify the confidence of the people of Georgia.
A week ago today one of the great accomplishments of the 1943 General Assembly went into effect. Recommended to the Legislature in the first message :hat I delivered, it was adopted, submitted to the people for ratification and will be a constant and continuing source of pride to our State. It is the Teachers' Re-

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tirement System, which after a year of preliminary preparation awaits only your action upon an appropriation to begin functioning. Already 15,000 member-teachers are enrolled and the stupendous job of evaluating the prior service claims of those who taught prior to July 1, 1943, is progressing rapidly. The Budget Commission has set aside funds, which will become available if you approve the recommendation that will be made later, and eligible teachers very soon may be retired upon their application.
No longer will Georgia teachers, who have given the best years of their lives toward building the characters of Georgia youth, find themselves in want and suffering in their old age. As an act of justice to a group whose contribution to our society merits our deepest gratitude, the establishment of Teachers Retirement is important. As an inducement to able educators to remain in Georgia, instead of leaving our system for those of other States as so many have done in recent years, Teachers Retirement will prove a very great practical benefit in every school system in Georgia.
Let me call to the attention of the General Assembly other accomplishments of the past two years.
YOUTH VOTING
Georgia was the first State of our Union to reduce the voting age to eighteen, permitting the young men and young women who were old enough to stake their lives on their country's future to participate in the democratic progresses that they were defending.
Georgia enacted, last January, the first truly effective State Soldiers Ballot Act, through which a large number of Georgians in the service voted in the democratic primary and more than fifty thousand men and women, wearing honorabiy our nation's uniform, voted from their distant posts in the November general election.
Pursuant to a request from the Chief Executive, the State Department of Law filed last June a suit against the major railroads of the United States, seeking to end the monopolistic conspiracy that had resulted in such vicious discriminations in rates against Georgia and other Southern States. Last week this case was before the Supreme Court of the United States for argument upon the question of jurisdiction. We believe that our nation's highest tribunal will grant to the Sovereign State of Georgia the right to our day in Court, and that we shall be able to dPmonstrate the monstrous nature of these injustices so long practiced against us. Wt' believe that the day is drawing near when Georgia and the South no longer will be looked upon as servile colonies for selfish exploitation, but once more will be a part of that common country for whose liberty our citizens have expended thrir lives and fortunes. We believe the Supreme Court will strike the shackles whid1 for 80 years have held our people in economic bondage.
GEORGIA'S DEVELOPMENT
In 1943, the General Assembly authorized the creation of the Agricultural anrl Industrial Development Board of Georgia, charged with the duty of making pla11~

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for Georgia's profitable participation in the expanding industry of the postwar period and for promoting the establishment of a balanced agrarian-industrial economic and social order in our State from which our people could obtain the maximum of happiness, prosperity and security. This new State agency was conceived in pursuance of the function resting upon every government in a highly complex society such as ours to help sustain the level of our people's income; to insure that markets are accessible for everything we can. produce; and that jobs are provided for all those who seek and must have gainful employment.
This we have approached with no idea of encroaching upon freedom of private enterprise, but with the view of using the facilities of the State to prevent a postwar economic collapse, and of guarding against the breakdown that would attend any return to an era of wholesale unemployment, bankruptcy and foreclosure.
Upon that Board are twenty-one able, patriotic and energetic Georgians. Divided into seven panels, each of which has been equipped with a staff of experts. they have been investigating the needs of the State: for agriculture, for industry, for business, for public works, for development of our rivers and our ports, for enlarged public health, governmental and educational services. Their vanous reports and recommendations will be of great service and interest to you.
Pursuant to a resolution of the 1943 Assembly, the Governor and the Industrial Panel of the Agricultural and Industrial Board have held meetings in each Congressional District, attended by business leaders and industralists. These meetings have strengthened the program of planning now for expanded industrial opportunities by which jobs under a system of private enterprise will be available for our veterans and our war workers. Georgia business leaders are ready to assume their responsibilities in building a sound postwar economy.
It is my hope that we will strengthen local self-government m Georgia and give attention to the needs of the counties and municipalities.
COOPERATION FROM DEPARTMENTS
During the past two years every agency and department of the State government has received adequate financial support. Every agency and department has functioned efficiently, economically and within the limits of expenditure fixed by the Appropriations Act or the allotments approved by the Budget Commission. Every department head, without exception, has given the Governor and the Budget Commission complete cooperation in our efforts to economize and pay off debts, and I wish to say that no finer, more cooperative, more diligent group of public officials exists anywhere in any State of our Union.
Their accomplishment is the more remarkable because of the many difficulties involved in operating a State government under war time conditions. The maintenance of highways, pounded shatteringly by heavy trucks and military equipment, has necessitated exceptional expenditures for repairs and reconstruction. Every problem of public health, of education and of operation of such agencies as the penal establishment, has been magnified by the war. There have been shortages of vital materials; there have been problems of rationing, and there have been prob-

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lems of personnel. The influx of war workers to some communities and the establishment of many training camps within our State-and without revealing the numbers I can say that more men have been trained in Georgia than in any other Statehave raised many problems for schools and health officers and involved State agencies in exceptional and unprecedented expenditures. Only very great diligence in the discharge of their duties has enabled department heads to stay within budgetary limits.
The individual reports of variou"s agencies will be before you at the proper time, and I know that the members of the Assembly will scrutinize them with interest. There are a few high lights to which I wish to call attention, however.
We have expanded the services of our educational establishment, and,in consequence of that expansion and the problems arising from war time conditions, we have increased. our expenditures.
EXPENDITURES FOR EDUCATION
The State Department of Education for example, received from the State eighteen million dollars last year, and, if the Assembly approves the recommendations that I shall make presently, will receive this year $21,300,000, the largest grant in our State's history, and an increase of $5,500,000 over the appropriation for the year before this Administration took office. Georgia teachers will receive payment for eleven months salary under this plan, and the expenditures for Vocational Education and Vocational Rehabilitation will be increased.
Expenditures of the Welfare Department in State funds have increased $1,325,000 in the past year, to a total of $5,325,000, although administrative expenses have been cut sharply. All of the increase went into payments to Georgia citizens for assistance to the aged, to dependent or crippled children and to the blind. I am glad to report that, whereas there were 20,000 cases of applications on behalf of the aged or of children pending when the Administration took office, there are now none that are not on a current basis. In consequence there had been a sharp increase in the number of persons on the rolls. There has been an increase in the average paid to them of fifteen per cent, necessitated by the increase in the cost of living. In that same period by resolute economy, the administrative cost of the agency has been cut by approximately twenty-five per cent.
During the past two years we have restored to the Department of Agriculture an amount, in effect, equal to the fees paid by farmers for fertilizer and other inspections, so that for the first time the agency is now adequately financed. As a res'ult, it has been able to make a great contribution to the orderly marketing of perishables in a period when food is a vital element in winning the war. With sales annually of more than twenty million dollars on the State Farmers Market in Atlanta, this has become the greatest market of its kind in the United States.
DRASTIC ECONOMY
Later I shall describe the condition of the finances of the State of Georgia. I know that there has been a certain amount of criticism directed at this Administration because of its policy of drastic economy. Items have been stricken from the budget that, in ordinary times, would have deserved a place there. We have had

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75

to abandon some of the harmless luxuries that always have been a feature of State spending. While some salaries have been adjusted upward, State officials and employees are paid less 'in general than they could obtain elsewhere, either in private enterprise or the Federal government.
I hope that the Assembly will not believe that we have engaged in "penny pinching and nickel-nursing" either unwisely or without purpose. The State's obligations must be paid, if we are to emerge into the postwar period in a sound fiscal condition. We must be able to pay for those things that will be needed to make progress. Moreover, I pledged myself personally, both to the people and to the Assembly, to oppose any increase in taxation during my term of office, and I mean to keep that pledge. Any new tax bill will promptly be vetoed.
Much of the credit for our improved financial condition must be attributed to the wise legislation adopted in 1943 by the General Assembly. Dictatorship over State finances was abolished and a sound, realistic Appropriations Act adopted.

EXTRAVAGANCE CURTAILED

A Finance Commission was provided. The State Auditor was given enhanced

authority to curtail extravagance by being changed from an appointee of the Gov-

ernor to the status of a representative of the Assembly, chosen by that body. The

conduct of the present State Auditor, in the performance of his duties, merits the

wholehearted support of the members of the General Assembly. The Comptroller

General, who must pass on the validity of warrants, and the Treasurer, who ac-

tually keeps the tax funds of Georgians, were freed from the threat of arbitrary

removal by the Governor if they should exercise their constitutional functions in

disagreement with his policy. By reorganizing our budget system much was ac-

complished. On the other hand, the State Revenue Department, operating more

efficiently, I believe, than ever before, has closed the loopholes through which tax-

dodgers escaped from paying their share of the burden of supporting our State

government. While revenues probably will decline in the next two years, as a re-

sult of changes in the Federal Tax structure and wartime restrictions, with prudence

and economy we can and we will pay out of debt and without a single tax raise meet

every bill when it falls due.

.

In spite of our many problems, I am glad to report to the General Assembly a definite improvement in the financial position of the State of Georgia.

STATE DEBT REDUCED
Two years ago, when I took office, the State owed $35,961,630.38. On January 1, 1945, the State's net indebtedness stood at $6,924,000. The floating debt that existed on January 1, 1943, has been entirely paid. Every funded obligation that has matured has been paid. Reserves have been established to retire certain of the bonds and certificates having future maturities. If we are permitted to continue our present fiscal policies, we shall be able to fulfill the pledge made two years ago that, when my term of office ends in January, 1947, the State of Georgia not only will not owe a single dollar that is not covered by money in its Treasury, but it is hoped that the State will have a comfortable reserve to assist in financing

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the transition from war to peace. Then Georgia, for the first time in its history, will be free of debt!
It is a duty incumbent upon the Governor of Georgia, both through legislation and through the force of custom, to make recommendations to the General Assembly as to needful legislation. I shall outline certain measures that I am convinced merit your thoughtful consideration.
It is my hope that the General Assembly will accord me the privilege of appearing here from time to time and discussing with you issues that may arise. Particularly would I like the opportunity of speaking to the Assembly when vital issues are being considered by it.
The law requires that the Governor shall make recommendations to the General Assembly concerning appropriations.
With one exception, the existing Appropriations Act, which continues in effert. provides adequately for normal operations of State agencies.
We shall be able, by the continuation of a prudent economy, to keep within revenue receipts, within the limits of appropriations subject to minor adjustments, and continue our project of retiring the debts of the State and making provision for a nest egg to meet the impact of peace. Let us be reminded, that when peace comes, there unquestionably will be a demand for highways and other public works projects, and Georgia must be prepared to act promptly and effectively to obtain a full share of any grants made by the Congress.
APPROPRIATIONS UNDISTURBED
Therefore, it is recommended that the existing Appropriations Act he amended only to the extent of appropriating one million dollars to carry out the Teachers' Retirement program, and that otherwise the continuing Appropriations Act be permitted to remain unchanged. With this single exception, I urge the Assembly to leave the present Appropriations Act exactly as it is now written. I urge that no other new or additional appropriations be made.
One of the most pressing matters is the condition of the common schools. During the present emergency it is imperative that more money be made available for their support. The Budget Commission by its economical operation has set aside the sum of $3,348,000 in addition to that already authorized by the continuing Appropriations Act to meet the needs of the current fiscal year. I hope that the General Assembly, by appropriate resolution, will approve this increase.
Another pressing matter is that of making provision for the return of veterans of the present war. Although the war unquestionably will continue for many months, there are many discharges already for disability; and when the war ends there will be a rapid demobilization of those in service.
It is imperative that we be prepared. It is essential that the Veterans Service Office be reorganized, expanded and placed upon a constitutional and non-partisan basis to serve these returning men and women.

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77

Likewise other legislation will be required: to permit returning veterans access to our schools, regardless of age; to permit them to contract freely to take advantage of the Federal "G. I. Bill of Rights"; to facilitate their re-entry into civilian employment. }\1oreover, I would like to recommend the erection of a suitable War Memorial Building that can serve as a useful center for all veterans' affairs as well as a serviceable, beautiful and appropriate attestation of our State's gratitude to those who have served in all our wars.
I recommend that the Assembly consider the creation of various types of Authorities to carry on necessary functions of government apart from the State during the transition period and to provide adequate financing for veterans' loans, public improvements and business expansions.
POSTWAR NEEDS
I recommend that the General Assembly study the postwar needs of the State's institutions. We are proud of the job that is being done by our educational establishment, our eleemosynary institutions and our penal system. Instead of having a few committees visit these institutions and report on their operations and determine how they should be expanded in the future, I urge that the entire Assembly as a body visit the major State establishments so that you may see with your own eyes, and hear with your own ears, what this Administration has done and is doing to advance this work.
There are certain reforms in our judicial procedure that will be embodied in measures before this Assembly. These will merit your sympathetic study.
Certain legislation probably will be submitted to assist our two great ports, Savannah and Brunswick, in preparing for a great commercial future.
There will be certain recommendations before the General Assembly with reference to expanding public health services, on both State and local levels. The fullest consideration should be given these matters, especially in view of the effective work of the State Department of Public Health during the war time emergencies.
The problems of our peace officers and law enforcement officials are deserving of the attention of the Assembly.
POLL TAX
I desire to call the attention of the General Assembly to the poll tax and the position it occupies as a prerequisite for voting in the election machinery of our State. There are many of our people who believe that the poll tax must go. This would be a good time for the General Assembly to appraise the value, if any, of the required payment of poll tax as a prerequisite for voting. If the poll tax serves a good purpose, it should be retained. If on the other hand the poll tax is an impediment to the democratic process and its payment as a prerequisite for voting serves no useful purpose, then its payment as a precedent for the right to vote should be abrogated. This is a matter which properly should be pondered by the General Assembly. If payment of the poll tax as a qualification for voting should be eliminated, then I recommend that permanent registration be ended. Many students of

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government insist that the only useful purpose served by the payment of poll tax, as a prerequisite for voting, is to require the purging of the voters' list, so that voters who have died or moved away do not have their names continued on the registration list, but failing to pay the poll tax, their names are stricken in the purging of the voters' list.
By doing away with permanent registration and requiring biennial registration, an active, up-to-date, registration list can be obtained, frauds minimized and th~ purpose served by the payment of the poll tax can be carried forward.
Finally, there will be before this body the Report of the Commission to Revise the Constitution.
The twenty-three members of the Commission have worked diligently upon this revision. The work of harmonizing more than two hundred amendments, adopted since 1877, with the text of the Constitution, was no small task in itself. You will desire to review their labor, in this particular, carefully, of course; but I believe that you will agree that they have performed an invaluable service in that field.
CONSTITUTIONAL REFORMS
The Commission likewise is submitting certain reforms for your consideration. These include, among others, the elimination of special tax exemptions to favored corporations, placing all Georgians in equality under our revenue laws; a "homerule" plan that meets the needs and the aspirations of local self-government units and that will relieve the General Assembly of a great burden of local legislation; a provision for a State merit system for all State employees, a reform that is long overdue in Georgia; the establishment of a constitutional Board to operate our Department of Corrections, thus taking the penal system out of politics; the removal of the single-term limit upon the tenure of office of Governor of Georgia.
Some of these items may be controversial. I know that the members of this General Assembly will debate them in a spirit of seeking what is best for our State. On one of them, the question of the Governor's term, I ask your indulgence to present my personal views at this time.
The prohibition against successive terms for an elective office applies in Georgia's State government only to the Governor. It does not apply to other Statehouse officials. It does not apply to members of the General Assembly. It does not apply to Federal officials chosen at the polls: the President, the Vice-President, Senators or Congressmen.
The limitation is not a limitation upon the ambition of a man. He can seek other public office, if he is animated by no other motive than a desire to hold office. It is a limitation upon the right of the people to choose whatever citizen, of lawful age and without disabilities through conviction of crime, they may want for Governor of their State.
All of us here know that the adoption of the "four year term" in its existing form was a political trick and the repetition of a maneuver that had failed six years earlier. I opposed the "single term" when it was suggested. I am against it now. I

TUESDAY, JANUARY 9, 1945

79

hope that you will eliminate it from our Constitution. It violates the fundamental principles of democratic free choice.
Some members of the General Assembly have talked with me about this provis ion. They have been kind enough to say that if I desire it as a means of submitting my candidacy for reelection to the office of Governor, they will support it. They have been gereuous enough to tell me that they believe that the people would reelect me without serious opposition. I am grateful to them for their kind words, more than they will ever know. They make me feel humble and contrite.
APPRECIATE HONOR
I appreciate the very great honor that the people of Georgia did me by electing me as Governor. At times, there are heartaches. But I enjoy being Governor. There are three reasons: First, because it is the greatst honor that our pople can give a fellow citizen; second, because I have enjoyed the opportunity of meeting and talking with so many of my fellow Georgians; and, third, and most important because it offers an opportunity and a challenge to service.
I have tried to be a good Governor. I am grateful to the people of Georgia for trusting me with this high office. It is my constant ambition not to soil it, to desecrate it, or by act or deed to tarnish it.
But when I accepted the challenge of dictatorship in Georgia in 1942 and became a candidate, there were certain rules of the game. Those rules said that I could be Governor but one term. I ran on that basis, and I was elected upon that basis. I do not ask that the rules be changed for my benefit.
Let me urge the legislature to adopt this reform. I believe that it will be good for Georgia. But when you do so, let me ask you to make it effective with the next occupant of the Governor's chair and not with me. Do not sacrifice a needful reform by consideration of personalities.
In the past two years, this Administration has tried to make good upon its paramount pledge to the people of Georgia. What was that pledge? It was a simple one-honesty in State Government.
HONEST ADMINISTRATION
In my first Message as Governor I said: "We will have an honest Administration for the next four years." There are two years yet to go but we are going to keep the Administration honest. If dishonest:y rears its ugly head, it is our responsibility to strike it down-and stricken down it will be.
Aided by a fine and able- General Assembly and by a splendid group of coworkers who have labored diligently, harmoniously and unselfishly, we havr tried to live up to our pledges. I am grateful to them, and to the press of Georgia, which has been alert to praise or to criticize fairly every act of this Administration; and I am grateful to all my fellow-Georgians, men, women and children, who have sympathetically supported the reforms that have been aachieved.
The 1945 General Assembly promises to be the very best ever assembled at

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our State Capitol. The members are men and women of integrity and ability. I have implicit confidence in the constructive leadership of our able presiding legislative officers, President Gross and Speaker Harris. I am certain that we will have a harmonious and beneficial session.
Georgia business men, large and small, need have no fear of the General Assembly or any member of it undertaking to penalize any legitimate business in our State through pernicious legislation. This Assembly will be free from suspicion that any member would resort to "shake down" methods. This Administration will cooperate with business, with the farmers, with labor, with every group that is willing to cooperate in meeting and solving the problems that must" be solved if Georgia is to have prosperity and opportunity for every citizen.
Today, as I address the second Assembly to convene during my term of office, as I pledge to its members the complete cooperation of the Executive Department, let me repeat what I said two years ago: "I am conscious that the success of my Administration, and my success, will depend upon holding fast to those things which are true, to those things which are honest, to those things which are just, and to those things which are of good report." The success of each of us, the success of this session of the General Assembly, the success of government itself, in the final analysis, depends upon cleaving fast to those things. And to those things, with God's help, we dedicate our public service!

Mr. Durden of Dougherty moved that the joint session be now dissolved and the motion prevailed.
The speaker called the House to order.
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.

WEDNESDAY, JANUARY 10, 1945

81

Representative Hall, Atlanta, Georgia.

Wednesday, January 10, 1945.

The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the speaker and opened by scripture reading and prayer by Rev. Harvey of Gordon Street Baptist Church, Atlanta.

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

Adams Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Baker Banks Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Burch Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Conner at Cowart

Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Gammage Garrison Gary Gaskins Gavin Gibson Giddens Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hall Hampton Hand Harden Hardy of Hall

Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kelly Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane

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Lewis Littlejohn Livingston Looper Lovett Maund McCracken McCurdy McNall Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson

Oakley Oden Odom Oliver O'Shea Overby Parham Parks Pannell Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray Riddlespurger Ritchie Rossee Roughton Rowland Sapp Seagler Seagraves Sears Sheffield Shields Sills

Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thrash Trotter Twitty Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young

Mr. Evitt of Catoosa, 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. (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 for the first time, and referred to the committees:

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83

HB 20. By Mr. Almand of Walton.
A bill to be entitled an act to amend the act creating the Board of Commissioners of Roads and Revenues of Walton County by increasing their salary; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 21. By Mr. Willis ofirwin.
A bill to be entitled an act to provide that upon conviction of husband or wife for the murder of the opposite spouse they shall forfeit the right to inherit from such murdered spouse; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 22. By Mr. Harris of Richmond .
.A bill to be entitled an act to amend Section 24-3501 of the Code of Georgia of 1933, by increasing the membership of the Court of Appeals to seven judges and to provide that they shall sit in a body; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 23. By Mr. Willis of Irwin.
A bill to be entitled an act to declare the fourth Thursday in November as Thanksgiving Day; and for other purposes.
Referred to the Committee on State of Republic.

HB 24. By Mr. Willis of Irwin.
A bill to be entitled an act to provide that persons fishing in private ponds must first obtain a fishing license; and for other purposes.
Referred to the Committee on Game and Fish.

HB 25. By Mr. Willis of Irwin.
A bill to be entitled an act to provide for three terms of the Irwin Superior Court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 26. By Mr. Hinson of Jeff Davis. A bill to be entitled an act to provide a salary of $100.00 per month to the sheriff of Jeff Davis County in addition to fees; and other purposes. Referred to the Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

HB 27. By Mr. Moye of Randolph.
A bill to be entitled an act to re-district the County of Randolph for the election of Commissioners of Roads and Revenues; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 28. By Mr. Moye of Randolph.
A bill to be entitled an act to abolish the offices of Tax Collector and Tax Receiver in Randolph County and create the office of Tax Commissioner; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 29. By Mr. Moye of Randolph~
A bill to be entitled an act to amend the charter of the City of Cuthbert by providing that the Mayor and Aldermen shall be eligible to succeed themselves in office; and for other purposes.
Referred to the Committee on Municipal Governments.

HB 30. By Messrs. Hinson and Williams of Ware.
A bill to be entitled an act to designate the duties and rank of the Commanding Officer of the Georgia State Guard; to provide certain immunities; to provide for acceptance of federal property; and for other purposes.
Referred to the Committee on Military Affairs.

HB 31. By Mr. Matthews of Peach.
A bill to be entitled an act to fix the salary of the treasurer of Peach county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 32. By Messrs. Key of Jasper and Livingston of Polk.
A bill to be entitled an act to provide for the paying of annuities and benefits to the peace officers of the State; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 33. By Messrs. Weaver and Bloodworth of Bibb.
A bill to be entitled an act to amend an act of the General Assembly approved January 28, 1938 (Georgia Laws 1937-8, pp. 214 et seq.) so as to provide for the reviver of charters; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

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85

HR 10-19B. By Messrs. Gowen and Gilbert of Glynn.
A resolution providing for the payment of travel expenses to Superior Court judges; and for other purposes.
Referred to the Committee on Appropriations.

HR 11-19C. By Messrs. Harris of Richmond, Durden of Dougherty, Culpepper of Fayette, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, and Arnold of Spalding.
A resolution providing for a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes.
Referred to the Committee on Amendments to Constitution No. 2.

HR 12-32A. By Mr. Broome of DeKalb.
A resolution memorializing the Congress on the Postwar Military Establishment and the status of the National Guard; and for other purposes.
Referred to the Committee on Military Affairs.

HR 15-33A. By Messrs. Fortson of Wilkes and Brumby of Cobb.
A resolution providing members of the Armed Forces may drive motor vehicles while on furlough without procuring a driver's license; and for other purposes.
Referred to the Committee on Ways and Means.
Mr. Gowen of Glynn county, chairman of the Committe,e on Appropriations, submitted the following report: Mr. Speaker:
Your Committee on Appropriations have had under consideration the following bill and resolution of the House and have instructed me as chairman to report the same back to the House with the following recommendations:

HB 1. Do Pass HR 6-1A. Do Pass

Respectfully submitted,

Gowen of Glynn, Chairman.

By unanimous consent, the following bill and resolution of the House were favorably reported and read the second time: HB 1. By Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper, Durden

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JOURNAL OF THE HOUSE,

of Dougherty, Kent of Glascock, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, Sapp of Dougherty, and Hand of Mitchell.
A bill to be entitled an act to amend the "General Appropriation Act" approved January 29, 1943, to provide an appropriation of $1,000,000.00 in each fiscal year for the Teacher Retirement System; and for other purposes.

HR 6-1A. By Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper, Kent of Glascock, Rossee of Putnam, Durden and Sapp of Dougherty, Hardy of Hall, Hand of Mitchell, Lewis of Hancock, Phillips of Columbia, and Mason of Morgan.
A resolution to authorize the Governor to transfer $3,348,000.00 from the reserve fund to the State Department of Education to pay increased teacher salaries for 1944-1945 school term; and for other purposes.

The following resolutions of the House were read and adopted:

HR 13. By Messrs. Hand of Mitchell and Key of Jasper.
A resolution expressing appreciation for the fine entertainment at the banquet given by the Atlanta Chamber of Commerce.

HR 14. By Messrs. Phillips of Columbia, Gowen of Glynn, Durden of Dougherty, and Evitt of Catoosa:
A RESOLUTION
WHEREAS, the members of the General Assembly of Georgia have been saddened by the untimely passing of the Honorable Alton Cogdell, Director of the Milk Control Board, one of the ablest public servants of our State, whose contribution to the development of agriculture and industry was most valuable to our people and whose career was marked by a deep pride in and devotion to Georgia;
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING:
That our profound sympathy be extended to the family of Mr. Cogdell and that a copy of this preamble and resolution be spread upon the Journals of our respective bodies.

The speaker introduced to the House Charles J. Bloch, Macon, president of the Georgia Bar Association.

Under House Rule No. 200 the members drew their seats.

The speaker asked unanimous consent that Mr. Culpepper of Fayette, who had served twenty-six (26) years in the House; Mr. J. H. Ennis, former president of the

WEDNESDAY, JANUARY 10, 1945

87

::lenate; Mrs. Guerry of Macon, Mrs. Mankin of Fulton, Mr. Kennon of Cook, Messrs. Dorsey and Brumby of Cobb, Mr. Bloodworth of Bibb, Mr.. Ritchie of Rabun, Mr. Strickland of Pike, Mr. Murphy of Haralson, Mr. Fortson of Wilkes, Dr. Sumner of Worth, Mr. Gaskins of Berrien, Mr. Guyton of Effington, Mr. Hampton of Fannin, Mr. Battles of Decatur, Mr. Broome of DeKalb and Mr. Griswell of Gwinnett be permitted to choose their seats, and the request was granted.
Representative-elect Sam Matthews of Peach county came forward and was administered the oath of office by Judge Warren Grice, Associate Justice of the Georgia Supreme Court.

The following resolution of the House was read and adopted:

HR 16. By Mr. Pittman of Bartow.
A resolution commending the Governor and Attorney of Georgia for their efforts to equalize freight rates.

Mr. Hand of Mitchell moved that the House do now adjourn, and the motion prevailed.
A leave of absence was granted to Mr. Pettit of Bartow for the 15th, 16th and 17th.
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 11, 1945.

The House met pursuant to adjournment this day at 10:00 a. m., was called to order by the speaker and opened with scripture reading and prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, 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 Mrs. Nevin, the Secretary thereof: Mr. Speaker:
I am instructed by 'the Senate to notify the House of Representatives that the Senate has concurred in the confirmation of the election of the Honorable B. E. Thrasher, Jr., as State Auditor.
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 referense 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:
HB 34. By Mr. Harris of Richmond. A bill to be entitled an Act to provide a tax of six cents per gallon on kerosene when used as motor fuel; and for other purposes. Referred to the Committee on Ways and Means.

HB 35. By Messrs. Gowen of Glynn, Harris of Richmond, Connell of Lowndes, Hand of Mitchell, Ray of Warren, Smith of Emanuel, Key of Jasper, Cheshire of Colquitt, and Evitt of Catoosa.
A bill to be entitled an act to provide for the retirement of Superior Court judges; and for other purposes.

THURSDAY, JANUARY 11, 1945

89

Referred to the Committee on General Judiciary No.2.

HB 36. By Messrs. Twitty and Hand of Mitchell, Durden and Sapp of Dougherty, Miller of Decatur, and Marion Ennis of Baldwin.
A bill to be entitled an act to authorize the State Board of Education to set up and operate area trade, vocational and industrial schools; and for other purposes.
Referred to the Committee on Education No. 1.

HB 37. By Messrs. Williams and Hinson of Ware.
A bill to be entitled an act to create a pension fund for employees of the City of Waycross; and for other purposes.
Referred to the Committee on Municipal Government.

HB 38. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph, Connell of Lowndes, Hardy of Hall, Cheshire of Colquitt, Key of Jasper, Smith of Emanuel, and Evitt of Catoosa.
A bill to be entitled an act to provide that veterans of World War II may attend the public schools of this State without charge and regardless of age; and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 39. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph, Hardy of Hall, Connell of Lowndes, Hand of Mitchell, Durden of Dougherty, and Ray of Warren.
A bill to be entitled an act to provide a fund to assist in the education of orphans of members of the Armed Forces killed in action in World War II; and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 40. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph, Hardy of Hall, Connell of Lowndes, Hand of Mitchell, Ray of Warren, Durden of Dougherty, Gowen of Glynn, Evitt of Catoosa, Smith of Emanuel, Cheshire of Colquitt, and Hicks of Floyd.
A bill to be entitled an act to provide that minors may contract for loans under Title III of Public Law No. 346, 78th Congress, and such contracts shall be valid; and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 41. By Messrs. DeFoor of Mcintosh and Claxton of Camden.

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to provide that the open season for hunting marsh hens shall be from N overnber 20 to January 15; and for other purposes. Referred to the Committee on Game and Fish.

HB 42. By Mr. DeFoor of Mcintosh.
A bill to be entitled an act to divide Mcintosh county into five districts for the election of Commissioners of Roads and Revenues ; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 43. By Mr. DeFoor of Mcintosh.
A bill to be entitled an act to repeal the laws establishing a Board of Cornmissioners of Roads and Revenues for Mcintosh county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 44. By Mr. DeFoor of Mcintosh.
A bill to be entitled an act to repeal the law granting authority to the Commissioners of Roads and Revenue of Mcintosh county to create zoning regulations outside of city limits; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 45. By Messrs. Sapp and Durden of Dougherty.
A bill to be entitled an act to amend Section 71-102 of the Code of 1933 by providing that persons eighteen years of age may be appointed Notaries Public; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 46. By Messrs. Cheshire and Hiddlespurger of Colquitt, Connell and Cowart of Lowndes, and Harris of Richmond~
A bill to be entitled an act to make valid any contract, deed, deed to secure debt, liens, promissory notes, or written obligations of minors under the Servicemen's Readjustment Act of 1944; and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 47. By Dr. Moye of Brooks.
A bill to be entitled an act to provide that voters in Brooks county living within municipality maintaining an independent school system shall not be eligible to vote for county school superintendents; and for other purposes.
Referred to the Committee on Education No. 2.

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91

HB 48. By Dr. Moye of Brooks.
A bill to be entitled an act to abolish the City Court of Quitman; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 49. By Mr. Hollis of Chattahoochee:
A bill to be entitled an act to provide pay to the members of the Board of Commissioners of Roads and Revenues of Chattahoochee county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 50. By Mr. Hogg of Marion.
A bill to be entitled an act to fix the salary of the Tax Commissioner of Marion county at $1500.00 per year; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 51. By Messrs. Connell of Lowndes and Gowen of Glynn.
A bill to be entitled an act to prescribe certain terms and conditions upon which foreign corporations may do business in Georgia; to provide for filing of copy of charter with the Secretary of State; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 52. By Messrs. Smith of Emanuel, Ray of Warren, Hand of Mitchell, Hooks of Emanuel, Dykes of Bleckley, Moye of Randolph, Oliver of Tatnall, Williams of Toombs, and Price and Hill of Clarke.
A bill to be entitled an act to provide there shall be no closed season for fishing in the fresh water streams of this State; and for other purposes.
Referred to the Committee on Game and Fish.

HB 53. By Messrs. McCurdy, Broome and Hubert of DeKalb.
A bill to be entitled an act to create a Bond Commission for the County of DeKalb; and for other purposes. Referred to the Committee on Counties and County Matters.

HB 54. By Messrs. Dorsey and Brumby of Cobb, Hefner of Pickens, Mullinax of Gilmer, Manous of Cherokee, Hampton of Fannin and Holbrook of Forsyth.
A bill to be entitled an act to fix the salary of the Solicitor General of the Blue Ridge Circuit at $6250.00 per year; and for other purposes.

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JOURNAL OF THE HOUSE,

Referred to the Committee on Special Judiciary.

HB 55. By Messrs. Williams and Hinson of Ware, Williams of Coffee, Oden of
Pierce, and Medders of Bacon. A bill to be entitled an act to fix the salary for the official Court Reporter for the \Vaycross Judicial Circuit; and for other purposes.
Referred to the 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 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 14. Do Pass

HB 15. Do Pass

HB 17. Do Pass

HB 20. Do Pass

Respectfully submitted, F. H. Sills of Candler, Chairman.

By unanimous consent, the following bills of the House, favorably reported, were read the second time:
HB 14. By Mr. Sills of Candler.
A bill to be entitled an act to provide for compensation to the sheriff of Candler county in addition to fees in the sum of $100.00 per month; and for other purposes.

HB 15. By Mr. Sills of Candler.
A bill to be entitled an act to amend an act approved August 20, 1925, Georgia Laws 1925, pages 584-586, creating the office of Tax Commissioner of Candler county by changing the compensation by allowing fees allowed by law for tax receivers; and for other purposes.

HB 17. By Messrs. Alexander, Connerat and McNall of Chatham.
A bill to be entitled an act to amend the act creating the County Commissioners of Chatham county by providing a salary of $2,000.00 per year for the chairman of the County Commissioners; and for other purposes.

THURSDAY, JANUARY 11, 1945

93

HB 20. By Mr. Almand of Walton.
A bill to be entitled an act to amend the act creating the Board of Commissioners of Roads and Revenues of Walton county by increasing their salary; and for other purposes.

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

HB 1. By Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper, Durden of Dougherty, Kent of Glascock, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, Sapp of Dougherty, and Hand of Mitchell.
A bill to be entitled an act to amend the "General Appropriation Act" approved January 29, 1943, to provide an appropriation of $1,000,000.00 in each fiscal year for the Teacher Retirement System; and for other purposes.
This bill involving an appropriation, the House was resolved into a Committee of the Whole House for consideration of HB 1, with instructions that the bill not be read in its entirety, and the speaker designated Mr. Hand of Mitchell as chairman thereof.
The Committee of the Whole House arose and through its chairman reported HB 1 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 Adamson Alexander of Carroll Alexanderof Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Banks Bargeron Barrett Barwick Battles

Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Broome Brumby Brunson Burch Callaway Campbell

Cates Chance Chastain Cheek Cheshire Claxton Connell Connerat Cowart Crowley Culpepper Dallis Dorsey of Cobb

94

JOURNAL OF THE HOUSE,

Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Gammage Garrison Gary Gaskins Gibson Giddens Gilbert Glisson Gowen Greer Griswell Guerry Guyton Hall Hand Harden Hardy of Jackson Harrison of Jenkins Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Hooks Hubert Hurst Jackson

Jennings of Sumter Jennings of Terrell Kendrick Kenimer Kennon Kent Key King Lam Lancaster Lewis Littlejohn Livingston Looper Lovett Maund McCurdy McNall Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Medders Miller Mitchell Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Oliver O'Shea Overby Parham Parks Pannell Pennington

Those not voting were:

Baker

Boynton

Pettit Phillips Pittman of Bartow Porter Powell Price Ramey Ray Riddlespurger Ritchie Rossee Roughton Rowland Sapp Seagler Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Upson Sumner Swint Thompson Thornton Trotter Twitty Underwood Watford Weaver Whaley Williams of Appling Williams of Coffee Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young
Crow

THURSDAY, JANUARY 11, 1945

95

DeFoor Ennis, J. H. Freeman Gavin Greene Hampton Hardy of Hall Harrison of Screven Hicks

Hill Holloway Johns Kelly Knabb Lane McCracken Matthews of Paulding Matthews of Peach

Moore Odom Pittman of Tift Strickland of Pike Thrash Wells of Ben Hill Wells of Lincoln Williams of Gwinnett Williams of Jones

By unanimous consent verification of the roll call was dispensed with. On the passage of the bill, the ayes were 176, the nays 0.
. The bill, having received the requisite constitutional majority, was passed.

HR 6-1A. By Messrs. Harris of Richmond, Gowen of Glynn, Key of Jasper, Kent of Glascock, Rossee of Putnam, Durden and Sapp of Dougherty, Hardy of Hall, Hand of Mitchell, Lewis of Hancock, Phillips of Columbia, and Mason of Morgan.
A resolution to authorize the Governor to transfer $3,348,000.00 from the reserve fund to the State Department of Education to pay increased teacher salaries for 1944-1945 school term; and for other purposes.
This resolution involving an appropriation, the House was resolved into a Committee of the Whole House for consideration of HR 6-1A, with instructions that the resolution not be read in its entirety, and the speaker designated Mr. Hand of Mitchell as chairman thereof.
The Committee of the Whole House arose and through its chairman reported HR 6-1A 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 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 Adams~n Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding

Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston

Britton Brock Brooke Broome Brumby Brunson Burch Callaway

96
Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Connerat Cowart Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Gammage Garrison GaskiQs Gibson Giddens Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hand Harden Hardy of Jackson Harrison of Jenkins Harrison of Wayne Hart Hatchett Hefner Herndon Herrin

JOURNAL OF THE HOUSE,

Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Terrell Kelly Kendrick Kenimer Kent Key King Lam Lancaster Lewis Littlejohn Livingston Looper Lovett Maund McCurdy McNall Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Peach Medders Miller Mitchell Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy

Nicholson Oakley Oden Oliver O'Shea Overby Parham Parks Pannell Pennington Pettit Phillips Pittman of Bartow Porter Powell Price Ramey Ray Riddlespurger Ritchie Rossee Roughton Rowland Sapp Seagler Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Upson Sumner Swint Thompson Thornton Trotter Twitty Underwood Weaver Wells of Ben Hill Whaley Williams of Appling Williams of Coffee

THURSDAY, JANUARY II, 1945

97

Williams of Toombs Williams of Ware Willis

Willoughby Wilson

Witherington Young

Those not voting were:

Baker Banks Boynton Crow Ennis,]. H. Freeman Gary Gavin Hall Hampton

Hardy of Hall Harrison of Screven Hicks Jennings of Sumter Johns Kennon Knabb Lane McCracken Matthews of Paulding

Moore Odom Pittman of Tift Strickland of Pike Thrash Watford Wells of Lincoln Williams of Gwinnett Williams of Jones

By unanimous consent verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 177, the nays 0. The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the Senate through Mrs. 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 17. By Senator Mavity of the 44th.
A bill to be entitled an act to pay the County Commissioners of Walker county $7,500.00 per annum instead of $4,000.00 per annum; and for other purposes.

SR 5. By Senator Gould of the 4th.
A resolution memoralizing the Congress of the United States on the Post War Military Establishment and the status of the National Guard.

The speaker presented to the House the Hon. Henry S. Davenport of the Rural Housing Program, Washington, D. C.; Hon. Lynn Norris, sheriff of McDuffie county and member of the Board of Public Safety; Hon. Allen Pannell, clerk of the Superior Court of McDuffie county; and former Senator Cliff Kennedy of Tattnall county.
Leaves of absence were granted Mr. Hart of Thomas, Mr. Williams of Toombs, and Mr. Nicholson of Oconee, the latter for Mo!lday, January 15th.

98

JOURNAL OF THE HOUSE,

Mr. Durden of Dougherty moved that the House do now adjourn until Monday morning- at lO :00 o'clock, and the motion prevailed.

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

MONDAY, JANUARY 15, 1945

99

Representative Hall, Atlanta, Georgia. Monday, January 15, 1945.

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 and scripture reading by Dr. Louie D. Newton, pastor of the Druid Hills Baptist Church, Atlanta.
By unanimous consent, the call of the roll was dispensed with.

Mr. Evitt of Catoosa, 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 consent:
( 1} Introduction of bills and resolutions. (2) First reading and reference of House bills and resolutions favorably reported. (3) Reports of standing committees. ( 4) Second reading of bills and resolutions favorably reported. (5) Third reading and passage of uncontested local bills and resolutions. (6) First reading and reference of Senate bills and resolutions.

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

HB 56. By Messrs. Durden of Dougherty and McCracken of Jefferson.
A bill to be entitled an act to fix the salary of the Supervisor of Purchases at $6,000.00; and for other purposes.
Referred to the Committee on State of Republic.

HB 57. By Messrs. Durden of Dougherty and McCracken of Jefferson.
A bill to be entitled an act fixing the salary of the Director of the Veterans' Service Office at $6,000.00; and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 58. By Mr. Seagraves of Madison. A bill to be entitled an act to amend the charter of the City of Comer te

100

JOURNAL OF THE HOUSE,

provide that Mayor and Council shall have authority to regulate the streets for business purposes; and for other purposes.
Referred to the Committee on Municipal Government.

HB 59. By Messrs. Brock and Alexander of Carroll.
A bill to be entitled an act to provide for a chairman of the Commissioners of Roads and Revenues of Carroll county instead of an executive director, and to define his duties; to provide for a clerk of the Board of Commis- sioners; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 60. By Messrs. Durden of Dougherty and McCracken of Jefferson:
A bill to be entitled an act to provide that the director hearing cases under the Workmen's C~mpensation Act shall not sit on the full board on appeal of cases heard by him; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 61. By Messrs. Dallis and Lam of Troup, Weaver of Bibb. Durden of Dougherty, and Trotter of Troup.
A bill to be entitled an act to amend an act approved March 20, 1943 (Georgia Laws 1943, pp. 424-428) by striking section 3 thereof which requires publication of notice on application for birth certificate; and for other purposes.
Referred to the Committee on General Judiciary No. l.

HB 62. By Messrs. Durden and Sapp of Dougherty, Ray of Warren, McCracken of Jefferson, Hand of Mitchell, Evitt of Catoosa, Connell and Cowart of Lowrides.
A bill.to be entitled an act to provide where there are more than two candidates for State House offices, and United States Senator, to be declared the nominee of the party holding the primary the candidate must have received a majority of the votes cast in such primary, or there shall be a run-over between the two high candidates; and for other purposes.
Referred to the Committee on State of Republic.

HB 63. By Mrs. Mankin and Mr. Etheridge of Fulton.
A bill to be entitled an act to provide how a lien of a carrier of passengers on the baggage of passengers may be foreclosed; and for other purposes. Referred to the Committee on Special Judiciary.

MONDAY, JANUARY 15, 1945

101

HB 64. By Mrs. Mankin and Mr. Etheridge of Fulton.
A bill to be entitled an act to provide that railroads and other corporations may pay the wife of an employee adjudged insane the wages due said employee not exceeding $200.00; and for other purposes.
Referred to the Committee on Railroads.

HB 65. By Mr. Mann of Henry.
A bill to be entitled an act to provide for four terms of the Henry Superior Court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 66. By Mr. Mann of Henry.
A bill to be entitled an act to abolish the City Court of Henry county; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 67. By Mr. Phillips of Columbia.
A bill to be entitled an act to provide for the payment of premium taxes by all insurance companies doing business in this State to the Insurance Commissioner; to provide tax shall be paid on gross premiums without regard to business ceded or assumed; and for other purposes.
Referred to the Committee on Insurance.
HR 17-60A. By M~ssrs. Kennon of Cook, Mitchell of Monroe, Willoughby of
Clinch, and Gaskins of Berrien.
A resolution to redistrict the Senatorial Districts in this State to provide fifty-four districts, and to amend paragraph 1, section 2, of article 3, of the Constitution; and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

HB 68. By Mr. Fortson of Wilkes.
A bill to be entitled an act to repeal Sections 92-108, 34-115 of the Code of 1933; to amend Section 34-103 by striking from the oath of electors all reference to poll tax; to amend chapter 34-1 of the Code to provide for biennial registration of voters; and for other purposes.
Referred to the Committee on Ways and Means.

Mr. Sills of Candler county, Chairman of the Committee on Counties and County Matters, submitted the following report:

i02

JOURNAL OF THE HOUSE,

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 26. Do Pass

HB 27. Do Pass

HB 28. Do Pass

HB 42. Do Pass

.HB 43. Do Pass

HB 44. Do Pass

HB 53. Do Pass

Respectfully submitted,

Sills of Candler, Chairman.

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

HB 26. By Mr. Hinson of Jeff Davis.

A bill to be entitled an act to provide a salary of $100.00 per month to the

sheriff of Jeff Davis county in addition to fees; and for other purposes.

HB 27. By Mr. Moye of Randolph.



A bill to be entitled an act to re-district the County of Randolph for the election of Commissioners of Roads and Revenues; and for other purposes.

HB 28. By Mr. Moye of Randolph.
A bill to be entitled an act to abolish the offices of Tax Collector and Tax Receiver in Randolph county and create the office of Tax Commissioner; and for other purposes.

HB 42. By Mr. DeFoor of Mcintosh.
A bill to be entitled an act to divide Mcintosh county into five districts for the election of Commissioners of Roads and Revenues; and for other purposes.

HB 43. By Mr. DeFoor of Mcintosh. A bill to be entitled an act to repeal the laws establishing a Board of Com-

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103

missioners of Roads and Revenues for Mcintosh county; and for other purposes.

HB 44. By Mr. DeFoor of Mcintosh.
A bill to be entitled an act to repeal the law granting authority to the Commissioners of Roads and Revenues of Mcintosh county to create zoning regulations outside of city limits; and for other purposes.

HB 53. By Messrs. McCurdy, Broome, and Hubert of DeKalb.
A bill to be entitled an act to create a bond commission for the County of DeKalb; 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 14. By Mr. Sills of Candler.
A bill to be entitled an act to authorize and direct the ordinary or other proper officials having control of the finances of the counties in the State of Georgia having a population of not more than nine thousand one hundred and ten (9,110), nor less than nine thousand one hundred (9,100), according to the Federal Census of 1910 and all other future census, to provide for compensation for the sheriffs of said counties in addition to the fees and compensation now paid to said sheriffs; and for other purposes.
The following amendment to HB 14 was read and adopted:
Mr. Sills of Candler moves to amend HB 14 by striking in the caption and in Section 1 of the bill the year 1910 and inserting in lieu thereof the year 1940.
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.
HB 15. By Mr. Sills of Candler.
A bill to be entitled an act to amend an act approved August 20, 1925 (Georgia Laws 1925, pp. 584-586), creating the office of Tax Commissioner of the office of Tax Commissioner, and fixing his compensation by striking from said act all of Section 4 as same appears on pages 584-585 of the acts of 1925, and inserting in lieu thereof a new section to be known as Section 4, providing for changing the compensation paid to said Tax Commissioner from the fees allowed to Tax Receivers for receiving on all State taxes; 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 17. By Messrs. Alexander, Connerat and McNall of Chatham.
A bill to be entitled an act to amend an act which created and organiZ<"d the Commissioners of Chatham county, who shall be ex-officio judges, to define their jurisdiction and duties and for other purposes, approved February 21, 1873, and the several acts amendatory thereof and relating and supplementary thereto; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 20. By Mr. Almand of Walton.
A bill to be entitled "An act to create a Board of Commissioners of Roads and Revenues for the County Roads and Revenues for the County of Walton; to provide for the election of said board; to prescribe their duties, powers, qualifications, and compensation, etc., approved March 6, 1939"; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.

By unanimous consent, the following hill of the Senate was read for the first time and referred to the committee:

SB 17. By Senator Mavity of the 44th.
A bill to be entitled an act to pay the county commJsswners of Walker county $7,500.00 instead of $4,000.00 per annum; and for other purposes.
Referred to the Committee on Counties and County Matters.

The following resolution of the House was read and adopted:

HR 18. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, McCracken of J e:fferson and Connell of Lowndes.

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105

A RESOLUTION
WHEREAS, in the midst of the greatest wartime struggle in which this nation h:as ever engaged we now find hotels crowded with more people than they can handle from one end of the country to the other and railroads, busses and other forms of transportation packed and jammed to almost every inch of available standing space, and
WHEREAS, there is every evidence of wholesale black market operations throughout the country and a multitude of evasions of the efforts of the Office of Price Administration to control prices of food, clothing and essential necessities of life, and
WHEREAS, numerous strikes and threatened strikes have impeded the war effort from time to time, and
WHEREAS, the Honorable James F. Byrnes, Director of War Mobilization, has placed a ban upon conventions and horse racing.
THEREFORE, BE IT RESOLVED by the House of Representatives of the State of Georgia that the Honorable James F. Byrnes, Director of War Mobilization, be and he is hereby commended for his courageous position and that he be hereby memorialized and petitioned to immediately exercise such authority as he may possess to end all other non-essential activities similar to the ones which have now been banned so as to make available in this period of manpower shortage persons engaged in such enterprises for the war effort, and that he is further petitioned to restrict during the period of the present emergency travel on trains, busses and planes to the military forces and to members of the military services of the United States on leave, their immediate families while visiting their relatives and civilian persons actually on business trips, and that so as to bring to an end the continual vacationing and picnicking of the civilian population which is over-crowding the hotels of all the prominent cities he exercise whatever power is necessary to bring about a full mobilization of the manpower of the nation behind the war effort and that he place the full manpower resources of the nation behind the members of the fighting forces of the United States who are now fighting and dying in order that the civilian population might continue to enjoy freedom and liberty and that all of the powers of his agency be exercised to prevent the multitudinous black market operations and the evasions of price control during the emergency.

The speaker recognized the presence in the gallery of the seventh grade of the Red Oak Public School, Fulton county.
The speaker presented to the House Dr. Lowman Lovett, secretary of the Georgia Temperance League, and Dr. Louie D. Newton, pastor of Druid Hills Baptist Church, Atlanta, the latter addressing the House.
The following message from His Excellency, the Governor, was received through the executive secretary, lion. M. E. Thompson:

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Hon. Roy V. Harris, Speaker Georgia House of Representatives State Capitol Atlanta, Georgia

January 11, 1945.

Dear Mr. Speaker and Members of the House of Representatives:

As chairman of the Commission to revise the Constitution created by the act of the General Assembly approved March 17, 1943 (Georgia Laws 1943, pages 1680-1683), I am pleased to hand you herewith the complete proceedings, reports, debates and recommendations of the Commission.
The Commission regrets exceedingly its delay in finishing up its work so as to have had these reports available at an earlier date, however, we believe that the delay which allowed the Commission opportunity to insert into its proposals new subject matter was beneficial to the State. The Commission is proud of the fact that to date its entire expenses amount to only $11,789.54. Particularly are we pleased with this economy when it is considered that in many States in which constitutional revision has been undertaken or is being undertaken through the form of constitutional conventions, the expenses have aggregated more than a million dollars and we doubt seriously if the results have been as beneficial as those obtained by the Georgia Commission.
As Chairman of the Commission, I desire to point out that the work that has been done is the work of the Commission members, all Georgians, appointed in conformity with the resolution of the General Assembly. We have secured the benefit of the views of many persons who have appeared before the Commission by our own request and in other cases at the request of the citizens who desired to express their opinions.
Each member of the Commission has done his or her very best to assist the 1945 General Assembly in presenting to the people of Georgia for their ratification a workable and improved Constitution. It is my belief that the present General Assembly of Georgia will carry forward this work in a commendable fashion and submit to the people in accordance with their wishes a document of which we may all be justly proud.
Faithfully yours,
Ellis Arnall,
Governor.

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

MONDAY, JANUARY 15, 1945

107

HR 13. By Messrs. Hand of Mitchell and Key of Jasper.
A resolution expressing to the Atlanta Chamber of Commerce and the Fulton and DeKalb delegations and other various agencies for delightfully entertaining the members of the General Assembly and the State House officers on Tuesday evening.

HR 14. By Messrs. Phillips of Columbia, Gowen of Glynn, Durden of Dougherty, and others.
A resolution extending sympathy to the family of the Hon. Alton Cogdell.

HR 16. By Messrs. Pittman of Bartow and Bloodworth of Bibb.
A resolution commending Governor Arnall and Attorney General for their efforts to equalize freight rates.

Mr. Wells of Ben Hill 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 and bills of the House to wit:

HB 1. HR 6. HR 13. HR 14. HR 16. HB 14. HB 15. HB 17. HB 20.

Respectfully submitted,

Wells of Ben Hill, Chairman.

Mr. MeN all of Chatham arose on the point of personal privilege and addressed the House.
Mr. Durden of Dougher'ty 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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Representative Hall, Atlanta, Georgia. Tuesday, January 16, 1945.

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 and scripture reading by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, chairman of the Committee on Journals, reported that the journal of Monday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
( 1) Introduction of bills and resolutions. (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) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.

The speaker recognized the presence in the gallery of the Scottdale elementary school of DeKalb county.

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

HB 69. Ey Messrs. Hatchett and Thompson of Meriwether.
A bill to be entitled an act to provide for the regulation and control of the manufacture, purchase, sale, distribution, transportation, advertising, and possession of alcoholic spirits, and to provide for state owned liquor stores; and for other purposes.
Referred to the Committee on Temperance.

HB 70. By Messrs. Britton and Brooke of Whitfield.
A bill to be entitled an act to require the inoculation of dogs against rabies; to create the office of County Rabies Inspector; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

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109

HB 71. By Messrs. Hubert, McCurdy and Broome of DeKalb.
A bill to be entitled an act to provide that candidates may file itemized statement of expenses with the Comptroller General or clerk of the Superior Court; and for other purposes.
Referred to the Committee on Privileges and Elections.

HB 72. By Mr. Price of Clarke.
A bill to be entitled an act to create a War Veterans' Memorial Building
Commission; to provide the powers and duties of such commission; and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 73. By Mr. Price of Clarke.
A bill to be entitled an act to create the Servicemens Resettlement Corporation; to authorize the issuance of revenue bonds of the corporation, making such bonds legal investments and exempt from taxation; and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 74. By Messrs. Brock and Alexander of Carroll, Hurst and Arnall of Coweta, Parham of Heard, Hatchett and Thompson of Meriwether, Trotter, Lam and Dallis of Troup.
A bill to be entitled an act to fix a salary for the official court reporter of the Coweta Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 75. By Mr. Sills of Candler.
A bill to be entitled an act to fix the salary of the mayor and councilmen of the City of Metter; and for other purposes. Referred to the Committee on Municipal Government.

HB 76. By Mr. Oden of Pierce.
A bill to be entitled an act to fix the salary of the clerk of the Board of Commissioners of Roads and Revenues of Pierce county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 77. By Mr. Weaver of Bibb. A bill to be entitled an act to amend the Workmen's Compensation Act by

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JOURNAL OF THE HOUSE,

providing that the average weekly wage shall be one-twenty-sixth of the total wages earned in the preceding twenty-six weeks; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 78. By Mr. Barwi<;k of Grady.
A bill to be entitled an act to amend the charter of the City of Cairo to provide a city manager form of government; and for other purposes. Referred to the Committee on Municipal Government.

HB 79. By Mr. Lewis of Hancock.
A bill to be entitled an act to provide if no quorum of the Supreme Court are in attendance the justices in attendance may adjourn to a time agreed upon; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 80. By Messrs. Thrash of Coffee, McCracken of Jefferson, Arnall of Coweta, Ray of Warren, Sapp of Dougherty, and Cheek of Franklin.
A bill to be entitled an act to provide for the redemption of bonds by the State, known as the Land Scrip Fund, now held by the regents of the University System; and for other purposes.
Referred to the Committee on Un.versity System of Georgia.

HB 81. By Messrs. Hicks and Littlejohn of Floyd.
A bill to be entitled an act to amend Article 2, Section I, of the Constitution by providing that the Commissioners of Roads and Revenues of Floyd county may establish water and sewerage systems; and for other purposes.
Referred to the Committee on Amendments to the Constitution No. 1.

HB 82. By Messrs. Hubert, Broome and McCurdy of DeKalb.
A bill to be entitled an act to provide for the distribution of fees of the court reporter of the Stone Mountain Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 83. By Messrs. Hicks, Baker and Littlejohn of Floyd.
A bill to be entitled an act to amend Section 56-804 of the Code of 1933 by providing that fire insurance policies may cover explosions from causes other than explosives, and damage from smoke, aircraft, vehicles, and loss or damage to glass by accidental breakage; and for other purposes.

TUESDAY, JANUARY 16, 1945


111

Referred to the Committee on Insurance.

HB 84. By Messrs. Connell of Lowndes and Gowen of Glynn.
A bill to be entitled an act providing for the creation, regulation and duration of express trusts and trustees; and for other purposes. Referred to the Committee on General Judiciary No. 2.

HB 85. By Messrs. Campbell of Newton and Seagraves of Madison.
A bill to be entitled an act to make it lawful to hunt or kill fox in this state at any time; and for other purposes. Referred to the Committee on Game and Fish.

HB 86. By Messrs. Jennings and Gammage of Sumter, Livingston of Polk and Witherington of Wilcox.
A bill to be entitied an act to provide that motor vehicle tags and licenses shall be sold by the sheriffs; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 87. By Mr. Hicks of Floyd.
A bill to be entitled an act to make legal contract marriages in this state from the beginning of the present war and to extend for three months after Congress declares hostilities have ceased; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 88. By Messrs. Holleman, Shields and Young of Muscogee.
A bill to be entitled an act to increase the salary of the Solicitor General of the Chattahoochee Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 89. By Mr. Holleman of Muscogee.
A bill to be entitled an act to provide that judges of Superior Courts in counties having a city of more than 30,000 population may appoint a secretary; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 90. By Messrs. Shields, Holleman and Young of Muscogee.
A bill to be entitled an act to increase the salary of the judge of the Municipal Court of Columbus to $4,800.00; and for other purposes. Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

HB 91. By Messrs. Young, Shields and Holleman of Muscogee.
A bill to be entitled an act to provide for compulsory school attendance of pupils between seven and sixteen years of age, to define the authority and duties of attendance officers; and for other purposes.
Referred to the Committee on Education No. 1.

HB 92. By Mr. Hardy of Jackson.
A bill to be entitled an act to fix the salaries of the Commissioners of Roads and Revenues of Jackson county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 19-91A. By Mr. Harris of Richmond.
A resolution confirming the appointment of Oliver F. Reeves as Poet Laureate of Georgia; and for other purposes.
Referred to the Committee on Historical Research.

Mr. Bloodworth of Bibb 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 7. Do Pass

HB 29. Do Pass HB 13. Do Pass

HB 37. Do Pass

Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Price of Clarke county, chairman of the Committee on Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Veterans Affairs have had under consideration the following bills of the House and have instructed me as chairman to report the same back to the House with the following recommendations:

TUESDAY, JANUARY 16, 1945

113

HB 38. Do Pass HB 40. Do Pass

Respectfully submitted,

Price of Clarke, Chairman.

Mr. McCracken of Jefferson county, chairman of the Committee on State of the Republic, submitted the following report:

Mr. Speaker:
Your Committee on State of the Republic have had under consideration the following bills of the House and have instructed me as chairman to report the same back to the House with the following recommendations:
HB 2. Do Pass
HB 3. Do Pass

HB 5. Do Pass HB 56. Do Pass

Respectfully submitted, McCracken of Jefferson, 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 have instructed me as chairman to report the same back to the House with the following recommendations:
HB 31. Do Pass
HB 49. Do Pass

HB 50. Do Pass

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Broome of DeKalb county, chairman of the Committee on Military Affairs, submitted the following report:

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JOURNAL OF THE HOUSE,

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 recommendation:

HR 12-329. Do Pass

Respectfully submitted, Broome of DeKalb, Chairman.

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

HB 2. By Messrs. Harris of Richmond, Durden of Dougherty, Gowen of Glynn, Key of Jasper, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, and Hand of Mitchell.
A bill to be entitled an act to authorize the State of Georgia, by and through the Governor, the State Auditor and the Attorney General, to take or damage by condemnation private property for public purposes of the State of Georgia; and for other purposes.

HB 3. By Messrs. Harris of Richmond, Durden of Dougherty, Gowen of Glynn, Key of Jasper, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, and Hand of Mitchell.
A bill to be entitled an act to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a state department provided the head of the department affected and the budget bureau, consisting of the Governor and the State Auditor, consent to such use of such funds; and for other purposes.

HB 5. By Messrs. Harris of Richmond, Sapp and Durden of Dougherty, Gowen of Glynn, Key of Jasper, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, and Hand of Mitchell.
A bill to be entitled an act to create a Department of Public Safety for Georgia, so as to reduce the minimum and maximum age limits of eligibility for appointment as an officer or trooper; and for other purposes.

HB 7. By Messrs. Twitty and Hand of Mitchell.
A bill to be entitled an act to amend an act to create a new charter for the City of Camilla; and for other purposes.

HB 13. By Messrs. Battles and Miller of Decatur.

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115

A bill to be entitled an act to fix the salaries of the Solicitor and Judge of the City Court of Bainbridge at $3,000.00 per annum each; and for other purposes.

HB 29. By Mr. Moye of Randolph.
A bill to be entitled an act to amend the charter of the City of Cuthbert by providing that the mayor and aldermen shall be eligible to succeed themselves in office; and for other purposes.

HB 31. By Mr. Matthews of Peach.
A bill to be entitled an act to fix the salary of the treasurer of Peach county; and for other purposes.

HB 37. By Messrs. Williams and Hinson of Ware.
A bill to be entitled an act to create a pension fund for employees of the City of Waycross; and for other purposes.

HB 38. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph, Connell of Lowndes, Hardy of Hall, Cheshire of Colquitt, Key of Jasper, Smith of Emanuel, and Evitt of Catoosa.
A bill to be entitled an act to provide that veterans of World War II may attend the public schools of this State without charge and regardless of age; and for other purposes.

HB 40. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph, Hardy of Hall, Connell of Lowndes, Hand of Mitchell, Ray of Warren, Durden of Dougherty, Gowen of Glynn, Evitt of Catoosa, Smith of Emanuel, Cheshire of Colquitt, and Hicks of Floyd:
A bill to be entitled an act to provide that minors may contract for loans under Title III of Public Law No. 346, 78th Congress, and such contracts shall be valid; and for other purposes.

HB 49. By Mr. Hollis of Chattahoochee:
A bill to be entitled an act to provide pay to the members of the Board of Commissioners of Roads and Revenues of Chattahoochee county; and for other purposes.

HB 50. By Mr. Hogg of Marion:
A bill to be entitled an act to fix the salary of the Tax Commissioner of Marion county at $1,500.00 per year; and for other purposes.

H B 56. By Messrs. Durden of Dougherty and McCracken of Jefferson:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to fix the salary of the Supervisor of Purchases at $6,000.00; and for other purposes.

HR 12-32A. By Mr. Broome of DeKalb:
A resolution memorializing Congress on the Post War Military Establishment and the status of the National Guard; and for other purposes.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:

SB 1. By Senators Millican of the 52nd, Gross of the 31st, Harrell of the 7th, and Grayson of the 1st:
A bill to be entitled an act to amend Section 40-1801 of the Code of Georgia of 1933 as amended by Acts 1943, page 361, relating to the creation of the Department of Audits and Accounts; and for other purposes.
,Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the Senate to wit:

SR 11. By Senator Grayson of the 1st:
A resolution, by the Senate, the House of Representatives concurring, that all members of the Senate; all members of the House of Representatives; and all attachees of both branches; as well as the Governor of the State of Georgia; and the heads of all Departments of State; and the Mayor and governing body of the City of Atlanta be, and the same are hereby invited, requested, ordered, and directed, to be and appear at the Civic Ropm of the Ansley Hotel at 6:30 p. m. o'clock on Tuesday, January 23rd, 1945, for the purpose of being entertained with food and light refreshments, by the representatives from Chatham county, both in the House and in the Senate.

By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 27. By Mr. Moye of Randolph:
A bill to be entitled an act to amend an act approved February 13, 1935 (Georgia Laws 1935, pp. 778-784), as amended by an act approved March 11, 1943 (Georgia Laws 1943, pp. 1103-1105), to create a Board of Commissioners of Roads and Revenues for the County of Randolph; to provide

TUESDAY, JANUARY 16, 1945

117

for the appointment, qualification and election of the members thereof, 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 28. By Mr. Moye of Randolph:
A bill to be entitled an act to abolish the office of Tax Collector and Tax Receiver in and for the County of Randolph; to create in their stead a County Tax Commissioner for Randolph county, as authorized by the General Assembly of Georgia in the act approved August 18, 1924; to define the powers and duties of said Commissioner, 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.

HB 42. By Mr. DeFoor of Mcintosh:
A bill to be entitled an act to amend the act of February 26, 1876, creating Commissioners of Mcintosh county, as amended by an act approved July 31, 1913, so as to have said commissioners elected for a term of two years; to create commissioner districts; to provide for qualifications for commissioners; to provide nomination of candidates from such districts; provision for voters to vote in different 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 107, nays 0.
The bill having received the requisite constitutional majority was passed.

HB 43. By Mr. DeFoor of Mcintosh:
A bill to be entitled an act to repeal in its entirety an act approved March 8, 1939 (Acts 1939, pp. 667-668), entitled an act to amend the act of February 26th, 1876, creating commissioners for Mcintosh county as amended by an act approved July 31, 1913, so as to have said commissioners elected for a term of two years; and to create commissioner's districts; to provide qualifications for commissioners; to provide for nomination of candidates for such districts; 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 108, nays 0.
The bill having received the requisite constitutional majority was passed.

HB 44. By Mr. DeFoor of Mcintosh:
A bill to be entitled an act to repeal in its entirety an act approved February 10, 1939 (Acts 1939, pp. 669-683), entitled an act granting to the Commissioners of Roads and Revenues of Mcintosh county, in the State of Georgia, authority to regulate in said county, outside the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, the height, size and use of buildings and other structures, 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 53. By Messrs. Broome, Hubert, and McCurdy of DeKalb: A bill to be entitled an "Act to create a bond commission for DeKalb county; to provide for its membership and duration; to define its duties; to provide compensation for its members; and for other purposes."
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.

Under the regular order of business, the following bill of the House was taken up for consideration, read the third time and placed upon its passage:

HB 26. By Mr. Hinson of Jeff Davis:
A bill to be entitled an act to authorize and direct the authority having control of expenditure of county funds andjor other proper officials in all counties having a population of not more than 8850, not less than 8835 ... because of extra duties imposed on such sheriffs by reason of national defense activities, to pay to sheriffs of said counties sum of $100 per month in addition to 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.

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119

On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent the following bill and resolution of the Senate were read the first time and referred to the committees:

SB l. By Senator Millican of the 52nd, Gross of the 31st, Harrell of the 7th, and Grayson of the lst:
A bill to be entitled an act to amend Section 40-1801 of the Code of Georgia of 1933 as amended by Acts 1943, page 361, relating to the creation of the Department of Audits and Accounts; and for other purposes.
Referred to the Committee on Auditing.

SR 5. By Senator Gould of the 4th:
A resolution memorializing the Congress of the United States on the Post War Military Establishment and the status of the National Guard.
Referred to the Committee on Military Affairs.

The following resolution of the House was read and adopted:

HR 20. By Mr. Harris of Richmond:
A RESOLUTION
WHEREAS, Hon. Wightman F. Melton, the late distinguished Poet Laureate of Georgia is no longer in our midst but has gone to his eternal reward; and
WHEREAS, in his going Georgia has lost a distinguished son, an exemplary Poet Laureate, a foremost educator and lover of mankind:
THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, the Senate concurring, that we do hereby express our admiration for the Jife, character and work of the said late distinguished Poet Laureate Wightman F. Melton.
BE IT FURTHER RESOLVED that the condolence of the General Assembly be expressed to the family and relatives of the said late distinguished Georgian.

The speaker recognized the presence in the gallery of the seventh grade of the Druid Hills grammar school in DeKalb county.
The speaker presented to the House Dr. M. L. Brittain, President Emeritus of Georgia School of Technology, who briefly addressed the House and then presented Col. Bruce Van Leer, P'resident of Georgia Tech, who also addressed the House.
The speaker also presented Lieut. Jarrett Bradbury, former Representative from Oconee county. who addressed the House.

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Mr. Wells of Ben Hill 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 26. HB 27. HB 28. HB 42.

HB 43. HB 44.

HB 53.

Respectfully submitted, Wells of Ben Hill, Chairman.

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

HR 21. By Messrs. Fortson of Wilkes, Harris of Richmond, Greer of Lanier, Phillips of Columbia, Connell of Lowndes, McCracken of J effcrson, Durden of Dougherty, Hand of Mitchell, King of Richmond, Sparks of Towns, Boynton of Union, and Looper of Dawson:
A resolution requesting certain information from the State Board of Health and the director thereof regarding the State Sanitarium at Alto.
The following resolution of the Senate was read and adopted:

SR 11. By Senator Grayson of the 1st:
A resolution, extending an invitation to all members of the Senate; all members of the House of Representatives; and all attaches of both branches; as well as the Governor of the State of Georgia; and the heads of all Departments of State; and the mayor and governing body of the City of Atlanta to a party given at the Civic Room of the Ansley Hotel at 6:30 p. m. o'clock on Tuesday, January 23rd, 1945, given by the Chatham county Senator and Representatives.
Mr. 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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121

Representative Hall, Atlanta, Georgia. Wednesday, January 17, 1945.

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 and scripture reading by the chaplain.

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

Adams Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Baker Banks Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Burch Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Conner at Cowart

Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis,]. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Garrison Gary Gaskins Gavin Gibson Giddens Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hand Harden Hardy of Hall Hardy of Jackson

Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Kelly Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Lewis Littlejohn

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Livingston Looper Lovett Maund McCracken McCurdy McNall Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Odom

Oliver O'Shea Overby Parham Parks Pannell Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray Riddlespurger Ritchie Rossee Roughton Rowland Sapp Seagler Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan

Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young Mr. Speaker

Mr. Evitt of Catoosa, chairman of the Committee on Journals, reported that the journal of Tuesday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
( 1) Introduction of bills and resolutions. (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) Third reading and passage of uncontested local bills and resolutions. (6) First reading and reference of Senate bills and resolutions.

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123

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

HB 93. By Mr. Greer of Lanier:
A bill to be entitled an act to amend Code Section 93-309 to provide that the Georgia Public Service Commission may prescribe the maximum and minimum rates to be observed by carriers and utilities; and for other purposes.
Referred to the Committee on Public Utilities.

HB 94. By Mr. Fortson of Wilkes:
A bill to be entitled an act to provide a complete and comprehensive vital statistic law; to provide compulsory registration of births; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 95. By Mr. Greer of Lanier:
A bill to be entitled an act to provide that the Georgia Public Service Commission may provide by rules and regulations the procedure for rehearing on all orders entered by the Commission; and for other purposes.
Referred to the Committee on Public Utilities.

HB 96. By Messrs. Harris of Richmond, Boynton of Union and Sparks of Towns:
A bill to be entitled an act to provide for reciprocation between the different states with the State of Georgia in transporting or selling farm products or products of orchards and groves within the boundary of the State of Georgia; and for other purposes.
Referred to the Committee on General Agriculture No. 1.

HB 97. By Mr. Williams of Jones:
A bill to be entitled an act to abolish the City Court of Gray; and for other purposes.
Referred to the Committee on Special judiciary.

HB 98. By Mr. Key of Jasper:
A bill to be entitled an act to fix the date for the monthly meeting of the Commissioners of Roads and Revenues for Jasper county; and for other purposes.
Referred to the Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

HB 99. By Mr. Mason of Morgan:
A bill to be entitled an act to fix the salary of the clerk of the Commissioners of Roads and Revenues for Morgan county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 100. By Messrs. Holley of Richmond and Kendrick of Fulton:
A bill to be entitled an act to increase the membership of the Board of Workmen's Compensation from three to four members; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 101. By Messrs. Holley of Richmond and Kendrick of Fulton:
A bill to be entitled an act to authorize the Commissioner of Labor t"o promulgate rules for the prevention of accidents and occupational diseases; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 102. By Mr. Sills of Candler:
A bill to be entitled an act to fix the salary of the judge and solicitor of the City Court of Metter; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 103. By Mr. Rossee of Putnam:
A bill to be entitled an act to provide any Commissioner of Roads and Revenues of Putnam county who offers for re-election and is defeated shall not hold over, but the Governor shall appoint a Commissioner; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 104. By Messrs. Mitchell of Monroe, Cates of Burke, Powell of Stephens, and Adamson of Clayton:
A bill to be entitled an act"to regulate the sale of alcoholic beverages and to provide for state owned liquor stores; and for other purposes.
Referred to the Committee on Temperance.

HB 105. By Messrs. Willis of Irwin, Alexander of Chatham, and Connell of Lowndes:
A bill to be entitled an act to provide that the fourth Thursday in No-

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125

vember shall be Thanksgiving and the first Monday m September shall be Labor Day; and for other purposes.
Referred to the Committee on Historical Research.

HB 106. By Mr. McCracken of Jefferson:
A bill to be entitled an act to provide that judges of the Court of Appeals may administer oaths to members of the General Assembly; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 107. By Mr. Twitty of Mitchell:
A bill to be entitled an act to provide for four terms of Mitchell Superior Court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 108. By Messrs. Thrash and Williams of Coffee:
A bill to be entitled an act to exempt all county or state-owned motor vehicles used exclusively for educational purposes from the payment of the motor vehicle license fee; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 109. By Messrs. Hubert, Broome, and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur by fixing the date for the election of members of the Board of Tax Assessors; and for other purposes.
Referred to the Committee on Municipal Government.

HB 110. By Messrs. Brooke and Britton of Whitfield and Pittman of Bartow: A bill to be entitled an act to permit all licensed attorneys to perform the services of a Notary Public; and for other purposes.
Referred to the Committee on General Judiciary No. I.

HB 111. By f?r. Gary of Quitman;
A bill to be entitled an act to abolish the County Court of Quitman county; and for other purposes. Referred to the Committee on Special Judiciary.

HB 112. By Mr. Herrin of Echols: A bill to be entitled an act to repeal an act approved February 22, 1943

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(Georgia Laws 1943, pp. 955-959), which divided Echols county into three districts for the election of county commissioners; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 113. By Mr. Herrin of Echols:
A bill to be entitled an act to provide for the election and tenure of members of the Board of Roads a~d Revenues of Echols county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 114. By Mr. Barwick of Grady:
A bill to be entitled an act to provide that any person violating the Uniform Narcotic Drug Act shall be guilty of a capital felony; and for other purposes. Referred to the Committee on General Judiciary No.2.

HB 115. By Mr. Williams of Ware and Mrs. Mankin of Fulton:
A bill to be entitled an act to repeal in its entirety an act approved March 31, 1937 (Acts 1937, pp. 294-310), and to rewrite said act and establish a State Board of Registration for Professional Engineers and Land Surveyors; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 116. By Mr. Porter of Gordon:
A bill to be entitled an act to amend the charter of the City of Calhoun to extend the territorial limits of said city; and for other purposes. Referred to the Committee on Municipal Governments.

HR 22-114A. By Messrs. Jennings of Sumter, Lovett of Laurens, Pennington of Wilkinson, Chance of Twiggs, Rowland of Johnson, DuPree of Pulaski, Alexander of Carroll, Gammage of Sumter, Lewis of Hancock, Williams of Jones, Hall of Treutlen, Roughton of Washington, Adams of Wheeler, Hinson of Jeff Davis, Overby of Stewart, Morrison of Montgomery, Black of Webster, Sears of Atkinson, Herrin of Echols, Medders of Bacon, O'Shea! of Worth, Strickland of Pike, Dallis of Troup, Twjtty of Mitchell, Sumner of Worth, Hooks of Emanuel, Jackson of Washington, Moye of Randolph, DeFoor of Mcintosh, Battles of Decatur, Gary of Quitman, Greene of Crisp, Ansley of Lee, Jennings of Terrell, Gavin of Clay, Hefner of Pickens, Malone of Laurens, Brunson and Mallard of Bulloch, and Whaley of Telfair:
A resolution proposing a new section to the Constitution providing "The right of persons to work shall not be denied or abridged on account of mem-

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127

bership or non-membership in any labor union, or labor organization"; and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

HR 23-114B. By Mr. Key of Jasper:
A resolution directing officials of the state government and heads of departments to pay workmen's compensation claims of state employees from funds appropriated to the various departments; and for other purposes.
Referred to the Committee on Special Appropriations.

HR 24-114C. By Messrs. Gilbert and Gowen of Glynn:
A resolution to confirm the sale by the State Properties Commission to Sea Island Company of a tract of marsh land in Glynn county; and for other purposes.
Referred to the Committee on Public Property.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the followmg bills and resolutions of the Senate to wit:

SB 3. By Senators Millican of the 52nd, Gross of the 31st, and others:
A bill to be entitled an act to authorize the State of Georgia acting by and through the Governor, the State Auditor and the Attorney General to take or damage by condemnation private property for public purpPses of the State; and for other purposes.,

SB 2. By Senators Millican of the 52nd, Gross of the 31st, and others:
A bill to be entitled an act to amend an act creating a Department of Public Safety so as to reduce the minimum and maximum age limits of eligibility for appointment as an officer or trooper; and for other purposes.

SR 8. By Senators Rainey of the 11th and Gross of the 31st:
A resolution confirming the appointment of Oliver F. Reeves as Poet Laureate of Georgia.

SR 9. By Senators Rainey of the llth and Gross of the 31st:
A resolution expressing condolence upon the passing of Wightman F. Melton, P'oet Laureate of Georgia.

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JOURNAL OF THE HOUSE,

SB 6. By Senators Millican of the 52nd, Sabados of the lOth, and others:
A bill to be entitled an act to amend the act approved February 16th, 1943, entitled "An act to declare certain days as public and legal holidays"; and for other purposes.

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 recommendation:

HB 52. Do Pass

Respectfully submitted, MeN all of Chatham, Chairman.

Mr. Lewis of Hancock county, chairman of the Committee on General Judiciary No. I, 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 11. Do Pass HB 33. Do Pass HB 61. Do Pass

Respectfully submitted, Lewis of Hancock, 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 59. Do Pass

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129

SB 17. Do Pass

Respectfully submittea,

Sills of Candler, Chairman.

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 resolution of the House and have instructed me as chairman to report the same back to the House with the following recommendation:

HR 10-19B. Do Pass

Respectfully submitted,

Gowen of Glynn, Chairman.

Mr. Key of Jasper county, chairman of the Committee on Public Property, submitted the following report:

Mr. Speaker:

Your Committee on Fublic Property have had under consideration the following resolution of the House and have instructed me as chairman to report the same back to the House with the following recommendation:

HR 7-16A. Do Pass

Respectfully submitted,

Key of Jasper, Chairman.

Mr. Pannell of Murray 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 16. Do Pass HB 19. Do Pass HB 25. Do Pass HB 66. Do Pass

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JOURNAL OF THE HOUSE,

HB 65. Do Pass HB 54. Do Pass


Respectfully submitted, Pannell of Murray, Chairman.

Mr. Arnall of Coweta 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 House and have instructed me as chairman to report the same back to the House with the following recommendations:
HB 9. Do P'ass
HR 15-33A. Do Pass
Respectfully submitted, Arnall of Coweta, Chairman.

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

HB 9. By Mr. Fortson of Wilkes:
A bill to be entitled an act to amend Section 92-108 of the Code of 1933 by providing that no person who has served in the armed forces of the United States during any war shall be required to pay poll tax; and for other purposes.

HB 11. By Messrs. Weaver, Bloodworth and Wilson of Bibb and Bloodworth of Houston:
A bill to be entitled an act to amend Code Sections 60-604, and 60-612 of the 1933 Code relating to acknowledgments of service of petitions and process under the Land Registration Law, by providing that acknowledgment of service may be made in the presence of any person authorized to administer oaths; and for other purposes.

HB 16. By Messrs. Kennon of Cook, Willoughby of Clinch, Sears of Atkinson, Greer of Lanier and Gaskin of Berrien:
A bill to be entitled an act to fix a salary for the official reporter of the Alapaha Judicial Circuit at $2,000.00 per annum for reporting criminal cases; and for other purposes.

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131

HB 19. By Mr. Alexander of Chatham:
A bill to be entitled an act to provide for the use of photostatic copies of wills in the taking of testimony of out of State witnesses in the probate of wills; and for other purposes.

HB 25. By Mr. Willis of Irwin:
A bill to be entitled an act to provide for three terms of the Irwin Superior Court; and for other purposes.

HB 33. By Messrs. Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend an act of the General Assembly approved January 28, 1938 (Georgia Laws 1937-8, pp. 214 et seq.), so as to provide for the reviver of charters; and for other purposes.

HB 52. By Messrs. Smith of Emanuel, Ray of Warren, Hand of Mitchell, Hooks
of Emanuel, Dykes of Bleckley, Moye of Randolph, Oliver of Tatnall, Williams of Toombs, and Price and Hill of Clarke:
A bill to be entitled an act to provide there shall be no closed season for fishing in the fresh water streams of this State; and for other purposes.

HB 54. By Messrs. Dorsey and Brumby of Cobb, Hefner of Pickens, Mullinax of Gilmer, Manous of Cherokee, Hampton of Fannin, and Holbrook of Forsyth:
A bill to be entitled an act to fix the salary of the Solicitor General of the Blue Ridge Circuit at $6,250.00 per year; and for other purposes.

HB 59. By Messrs. Brock and Alexander of Carroll:
A bill to be entitled an act to provide for a chairman of the Commissioners of Roads and Revenues of Carroll county instead of an executive director, and to define his duties; to provide for a clerk of the Board of Commissioners ; and for other purposes.

HB 61. By Messrs. Dallis and Lam of Troup, Weaver of Bibb, Durden of Dougherty, and Trotter of Troup:
A bill to be entitled an act to amend an act approved March 20, 1943 ( Georgia Laws 1943, pp. 424-428), by striking section 3 thereof which requires publication of notice on application for birth certificate; and for other purposes.

HB 65. By Mr. Mann of Henry:
A bill to be entitled an act to provide for four terms of the Henry Superior Court; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 66. By Mr. Mann of Henry:
A bill to be entitled an act to abolish the City Court of Henry county; and for other purposes.

HR 7-16A. By Mrs. Guerry of Macon:
A resolution to authorize the Governor to reconvey a tract of land to Macon county which was deeded to the State by Macon county; and for other purposes.

HR l0-19B. By Messrs. Gowen and Gilbert of Glynn:
A resolution providing for the payment of travel expenses to Superior Court judges; and for other purposes.

HR 15-33A. By Messrs. Fortson of Wilkes and Brumby of Cobb:
A resolution providing members of the armed forces may drive motor vehicles while on furlough without procuring a driver's license; and for other purposes.

SR 17. By Mr. Mavity of the 44th:
A bill to be entitled an act to pay the County Commissioners of \Valker county $7,500.00 instead of $4,000.00 per annum; 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 7. By Messrs. Twitty and Hand of Mitchell:
A bill to be entitled an act to amend an act to create a new charter for the City of Camilla; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 13. By Messrs. Battles and Miller of Decatur:
A bill to be entitled an act to amend acts amending an act establishing the City Court of Bainbridge, approved November 27, 1900, and amendments thereto (Georgia Laws 1900, p. 104), and especially amending an act amending acts establishing said City Court of Bainbridge, approved December 29, 1937 (Georgia Laws 1937-1938, p. 687), providing that the salary of the judge and of the solicitor of said City Court of Bainbridge

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133

shall be three thousand dollars ($3,000.00) per annum. And further providing that said increased salaries shall begin and be effective upon the passage and approval of this act; and further providing for the payment of said salaries monthly; and for other purposes.
The report 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 29. By Mr. Moye of Randolph:

A bill to be entitled an act to amend an act approved August 15, 1910 (Georgia Laws 1910, pp. 526-576), and all amendatory acts thereto, entitled an act to create and incorporate the City of Cuthbert in lieu of the mayor and council of Cuthbert; to establish a system of public schools in the City of Cuthbert; and to provide for the maintenance and support of same, 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 105, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 31. By Mr. Matthews of PeaCh: A bill to be entitled an act to fix the salary of the treasurer of Peach 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, nays 0. The bill having received the requisite constitutional majority was passed.

HB 37. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act entitled an act to amend the charter of the City of Waycross as approved August 16, 1922, and the several subsequent acts amendatory thereto; replacing all laws and acts in conflict herewith; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pas~age of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.

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JOURNAL OF THE HOUSE,

HB 49. By Mr. Hollis of Chattahoochee:
A bill to be entitled an act to amend "An act to repeal an act approved August 5, 1913 (Georgia Laws 1913, pp. 353-357), and all acts amendatory thereof, creating a Board of Commissioners of Roads and Revenues in and for the County of Chattahoochee, providing for the appointment, qualifications, duties, etc." (Georgia Laws 1937, pp. 1283-1288), and for other purposes.
The report 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 50. By Mr. Hogg of Marion:
A bill to be entitled an act to amend "An act to consolidate the office of Tax Receiver and Tax Collector in the County of Marion, to fix the compensation for the officer performing the duties of said office when so consolidated," by striking the words and figures "twelve hundred ($1,200.00) dollars per annum" where the same appear in Section 2 of said act, 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 1a9, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Wells of Ben Hill 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 resolution and bills of the House to wit:

HR 20.
HB 7.

HB 13.

HB 29.

HB 31.

HB 37.



HB 49.

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135

HB 50.

Respectfully submitted, Wells of Ben Hill, Chairman.

By unanimous consent the following bills of the Senate were read the first time and referred to the committees:

SB 2. By Senators Millican of the 52nd, Gross of the 31st, Harrell of the 7th, and Freeman of the 22nd:
A bill to be entitled an act to amend an act entitled an act to create a Department of Public Safety for Georgia, etc., approved March 19, 1937, the minimum and maximum age limits of eligibility for appointment as an officer or trooper of the uniform division of the Department of Public Safety, etc.; and for other purposes.
Referred to the Committee on State of Republic.

SB 3. By Senators Millican of the 52nd, Gross of the 31st, Grayson of the 1st, and Causey of the 46th:
A bill to be entitled an act to authorize and empower the State of Georgia, acting by and through the Governor, the State Auditor, and the Attorney General, and with unanimous consent of said officials, to take or damage by condemnation private property for public purposes of the State of Georgia upon paying or tendering to the owner thereof just compensation, provided, however, the powers herein given shall neither supersede nor abridge the powers of condemnation severally given to the State Highway Board of Gorgia and the Regents; and for other purposes.
Referred to the Committee on State of Republic.

SB 6. By Senators Millican of the 52nd, Sabados of the lOth, Smith of the 24th, Grayson of the 1st, and Gross of the 31st:
A bill to amend the act approved February 16, 1943, entitled "An act to declare certain days as religious holidays" by providing that the fourth Thursday in November, known as Thanksgiving Day, be a public and legal holiday in the State of Georgia; and for other purposes.
Referred to the Committee on Historical Research.

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 2. By Messrs. Harris of Richmond, Durden of Dougherty, Gowen of Glynn,

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JOURNAL OF THE HOUSE,

Key of Jasper, Rossee of P'utnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, and Hand of Mitchell:
A bill to be entitled an act to authorize the State of Georgia, by and through the Governor, the State Auditor and the Attorney General to take or damage by condemnation private property for public purposes of the State of Georgia; and for other purposes.
By unanimous consent, HB 2 was tabled.

HB 3. By Messrs. Harris of Richmond, Durden of Dougherty, Gowen of Glynn, Key of Jasper, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, and Hand of Mitchell:
A bill to be entitled an act to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department provided the head of the department affected and the Budget Bureau, consisting of the Governor and the State Auditor, consent to such use of such 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 117, the nays II.
The bill having received the requisite constitutional majority was passed.

HB 5. By Messrs. Harris of Richmond, Sapp and Durden of Dougherty, Gowen of Glynn, Key of Jasper, Rossee of Putnam, Hardy of Hall, Lewis of Hancock, Phillips of Columbia, Mason of Morgan, and Hand of Mitchell: A bill to be entitled an act to create a Department of Public Safety for Georgia, so as to reduce the minimum and maximum age limits of eligibility for appointment as an officer or trooper; and for other purposes.
By unanimous consent, HB 5 was tabled.

HR 12-32A. By Mr. Broome of DeKalb:
A resolution memorializing Congress on the Post War Military Establishment and the status of the National Guard; and for other purposes.
By unanimous consent, HR 12-32A was tabled.

HB 38. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph, Connell of Lowndes, Hardy of Hall, Cheshire of Colquitt, Key of Jasper, Smith of Emanuel, and Evitt of Catoosa:
A bill to be entitled an act to provide that veterans of World War II may attend the public schools of this State without charge and regardless of age; and for other purposes.

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137

By unanimous consent, the clerk of the House was authorized and directed to strike the word "etc." wherever the same appears in HB 38.
The report 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 40. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph, Hardy of Hall, Connell of Lowndes, Hand of Mitchell, Ray of Warren, Durden of Dougherty, Gowen of Glynn, Evitt of Catoosa, Smith of Emanuel, Cheshire of Colquitt, and Hicks of Floyd:
A bill to be entitled an act to provide that minors may contract for loans under Title III of Public Law No. 346, 78th Congress, and such contract shall be valid; and for other purposes.
The following substitute was read and adopted:
SUBSTITUTE BILL FOR HB 40
An act to empower minors eligible for benefits under the Servicemen's Readjustment Act of 1944, Title III of Public Law No. 346-78th Congress and any amendments thereto, to make valid and binding contracts, deeds, deeds to secure debt, liens, promissory notes, or other written obligations for or in connection with a loan guaranteed in part or rn full by the United States or any instrumentality thereof, or for which there is a commitment to so guarantee or for which a conditional guarantee had been issued, under the Servicemen's Readjustment Act of 1944, Title III of Public Law No. 346-78th Congress and any amendments thereto, as if said minor has arrived at the age of majority; to provide for the ratification of purchases by such minor; to provide for repeal of conflicting laws; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that any minor eligible for the benefits under the Servicemen's Readjustment Act of 1944, Title III of Public Law No. 346-78th Congress and any amendments thereto, is hereby empowered to make valid and binding contracts, deeds, deeds to secure debt, liens, promissory notes, or other written obligations for, or in connection with, a loan guaranteed in part or in full by the United States or any instrumentality thereof, or for which there is a commitment to so guarantee or for which a conditional guarantee has been issued, under the Servicemen's Readjustment Act of 1944, Title III of Public Law No. 346-78th Congress and any amendments thereto, as if said minor had at the time of making such contract or other written obligation arrived at the age of majority.
Section 2. Be it further enacted by the authority aforesaid that the securing by a minor of a loan guaranteed in whole or in part by ~e United States or any instrumentality thereof under the provisions of the Servicemen's Readjustment Act

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of 1944, Title III of Public Law No. 346-78th Congress and any amendments thereto, on the security of any property purchased or acquired by such minor, shall be a ratification of such purchase or acquisition and shall be as valid and binding on such minor as if he had ratified such contract after he had arrived at the age of majority.
Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 141, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute.

HB 56. By Messrs. Durden of Dougherty and McCracken of Jefferson: A bill to be entitled an act to fix the salary of the Supervisor of Purchases at $6,000.00; and for other purposes.
By unanimous consent HB 56 was postponed until January 22, 1945. The following resolutions of the House and Senate were read and adopted:

SR 8. By Senators Rainey of the 11th and Gross of the 31st:
A resolution confirming the appointment of Oliver F. Reeves as Poet Laureate of Georgia succeeding the late lamented Wightman F. Melton.

SR 9. By Senators Rainey of the 1l th and Gross of the 31st:
A RESOLUTION
WHEREAS, Hon. Wightman F. Melton, the late distinguished Poet Laureate of Georgia, is no longer in our midst but has gone to his eternal reward; and
WHEREAS, in his going Georgia has lost a distinguished son, an exemplary Poet Laureate, a foremost educator and lover of mankind;
THEREFORE BE IT RESOLVED BY THE SENATE, the House of Representatives concurring, that we do hereby express our admiration for the life, character and work of the said late distinguished P'oet Laureate Wightman F. Melton.
BE IT FURTHER RESOLVED that the condolence of the General Assembly be expressed to the family and relatives of the said late distinguished Georgian.

HR 21. By Messrs. Fo,tson of Wilkes, Harris of Richmond, Greer of Lanier, and others:

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139

A RESOLUTION
WHEREAS, it has been reported that the State Sanitarium at Alto for tubercular patients has had during recent months more than one hundred and fifty vacant beds and at the same time have been turning down patients and permitting people to die and to continue to spread the dread disease among their associates and their immediate families.
THEREFORE, BE IT RESOLVED by the House and the State Board of Health and the Director thereof be and the same are hereby requested and directed to furnish the House not later than Friday, January 19, with the following information to wit:
( 1) The number of beds available for white patients.
(2) The number of beds available for colored patients.
(3) The number of average daily beds occupied by white patients during 1944.
(4) The number of average daily beds occupied by colored patients during 1944.
(5) The number of beds occupied by white patients on January 15, 1945.
(6) The number of beds occupied by colored patients on January 15, 1945. (7) The reasons, if any, why such an intolerable situation has been permitted.

Mr. Fortson of Wilkes moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted to Mr. Rowland of Johnson.
The speaker announced the House adjourned until tomorrow at 10:00 o'clock.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, January 18, 1945.

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 and scripture reading by the chaplain.

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

Mr. Evitt of Catoosa, 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) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
l\Ir. Speaker: The Senate has passed by the requisite constitutional majority the following
bills of the House to wit:

HB 26. By Mr. Hinson of Jeff Davis:
A bill to be entitled an act to provide a salary of $100.00 per month to the sheriff of Jeff Davis county in addition to fees; and for other purposes.

HB 42. By Mr. DeFoor of Mcintosh:
A bill to be entitled an act to amend the act of February 26, 1876, creating Commissioners of :Mcintosh county, as amended by an act approved July 31, 1913, so as to have said Commissioners elected for a term of two years; and for other purposes.

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141

HB 43. By Mr. DeFoor of Mcintosh:
A bill to be entitled an act to repeal in its entirety an act approved March 8, 1939 (Acts 1939, pp. 667-668), entitled an act to amend the act of February 26, 1876, creating commissioners for Mcintosh county as amended by an act approvel July 31, 1913, so as to have said commissioners elected for a term of two years; and for other purposes.

HB 44. By Mr. DeFoor of Mcintosh:
A bill to be entitled an act to repeal in its entirety an act approved February 10, 1939 (Acts 1939, pp. 669-683), entitled an act granting to the Commissioners of Roads and Revenues of Mcintosh county authority to regulate outside the limits of any city or town the height, size and use of buildings and other structures; and for other purposes.

HB 53. By Messrs. Broome, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to create a Bond Commission for DeKalb county, Ga.; providing for its membership and duration; and for other purposes.

HB 27. By Mr. Moye of Randolph:
A bill to be entitled an act to amend an act approved February 13, 1935 (Georgia Laws 1935, pp. 778-784), as amended by an act approved March 11, 1943 (Georgia Laws 1943, pp. 1103-1105), creating a Board of Cornmissioners of Roads and Revenues for the County of Randolph, providing for the appointment of members; and for other purposes.

HB 28. By Mr. Moye of Randolph:
A bill to be entitled an act to abolish the office of Tax Collector and Tax Receiver in and for the County of Randolph, creating m their stead a County Tax Commissioner; and for other purposes.
Mr. Speaker:
The Senate has passed by the requtstte constitutional majority the following bills and resolution of the Senate and House to wit:

SB 7. By Senator Millican of the 52nd:
A bill to be entitled an act to regulate the sale of second hand watches, to require all persons engaged in buying and selling watches to affix and keep affixed on all second hand watches a tag plainly marked "Second Hand"; and for other purposes.

SB 8. By Senator Millican of the 52nd: A bill to be entitled an act to amend an act approved March 15, 1943,

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entitled "An act to create a Civil Service Board in Fulton county, etc."; and for other purposes.

HB 1. By Messrs. Harris of Richmond, Gowen of Glynn, and others:
A bill to amend the "General Appropriation Act" approved January 29, 1943, so as to provide an appropriation of $1,000,000.00 in each fiscal year for the State cost of operating the Teacher Retirement System; and for other purposes.

HR 20. By Mr. Harris of Richmond:
A resolution expressing our admiration for the life, character and work of the said late distinguished Poet Laureate Wightman F. Melton.
By unanimous consent, the following bills and resolution of the House were introduced, read for the first time, and referred to the committees:

HB 117. By Messrs. Harris of Richmond and Greer of Lanier:
A bill to be entitled an act to provide that county officers may be sued only in the county of their residence for the breach of any official duty; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 118. By Mr. Seagraves of Madison:
A bill to be entitled an act to fix the salary of the clerk of the Commissioner of Roads and Revenues, and of the Commissioner of Madison county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 119. By Mr. Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide and express lien to involuntary gratuitous or naked depositaries on property held in their possession; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 120. By Messrs. Pannell of Murray, Kennimer of Harris, Odom of Baker, and Evitt of Catoosa:
A bill to be entitled an act to fix the age of legal majority in this state at eighteen years; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

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143

HB 121. By Messrs. Wilson of Bibb and Bloodworth of Houston:
A bill to be entitled an act to provide an exemption for members of the armed forces from the payment of any penalties, costs, interest or other fees assessed for failure to return real or personal property or to pay the tax on same; and for other purposes.
Referred to the Committee on Ways and Means.

HB 122. By Messrs. Sumner and O'Shea! of Worth:
A bill to be entitled an act to authorize the State Board of Health to adopt rules and regulations for the practice of midwifery; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 123. By Messrs.. Kendrick of Fulton and Holley of Richmond:
A bill to be entitled an act to amend the Workmen's Compensation Act to provide for medical expense in the amount of $1 ,000.00, instead of $500.00; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 124. By Messrs. Holley of Richmond and Kendrick of Fulton:
A bill to be entitled an act to amend the Workmen's Compensation Act to provide the last sickness and funeral expenses shall be $250.00; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 125. By Mr. Kendrick of Fulton:
A bill to be entitled an act to amend the Workmen's Compensation Act by providing compensation for the loss of a thumb for sixty weeks instead of thirty; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 126. By Mr. Kendrick of Fulton:
A bill to be entitled an act to amend the Workmen's Compensation Act relating to hearings regarding disagreements to provide the manner and method of taking testimony of witnesses in counties other than where the hearing is held; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 127. By Mr. Whaley of Telfair: A bill to be entitled an act to provide that should a Commissioner of Roads

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and Revenues of Telfair county be inducted into the armed forces his office shall not be decreed vacant; to provide for the filling of the office; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 128. By Mr. Whaley of Telfair:
A bill to be entitled an act to reduce the official bond of the sheriff of Telfair county from $10,000.00 to $5,000.00; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 129. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide for a clerk to the tax commiSSioner of Telfair county and to fix the salary; and for other purposes.
Referred to the Committee on County and County Matters.

HB 130. By Mr. Whaley of Telfair: A bill to be entitled an act to provide a salary for the sheriff of Telfair county in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 131. By Mr. Whaley of Telfair: A bill to be entitled an act to fix the fee of the sheriff of Telfair county for feeding prisoners; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 132. By Messrs. Hatchett of Meriwether, Strickland of Upson and Lancaster of Hall:
A bill to be entitled an act to authorize the State Board of Health to pay monthly allotments for travel in lieu of mileage; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 133. By Messrs. Dykes of Bleckley, Smith and Hooks of Emanuel, Glisson of Evans, Moye of Randolph, Ray of Warren, Sapp of Dougherty, Harrison of Wayne, Watford of Long, Williams of Toombs, Mrs. Guerry of Macon, Roughton and Jackson of Washington, Smith of Bryan, Barwick of Grady, and Giddens of Calhoun:
A bill to be entitled an act to authorize the Governor to purchase land and equipment to establish a live stock experiment station and to provide for the sale of the increase of live stock; and for other purposes.

THURSDAY, JANUARY 18, 1945

145

Referred to the Committee on General Agriculture No. 2.

Mr. Pannell of Murray, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary have had under consideration the follow-
ing bills of the House and have instructed me as chairman to report the same back to the House with the following recommendations:
HB 111. Do Pass HB 102. Do Pass HB 74. Do Pass HB 55. Do Pass HB 82. Do Pass HB 90. Do Pass HB 97. Do Pass HB 63. Do Pass as amended
Respectfully submitted, Pannell of Murray, Chairman.

Mrs. Guerry of Macon, chairman of the Committee on Historical Research, submitted the following report:

Mr. Speaker:
Your Committee on Historical Research 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:

SB 6. Do Pass
HB 5. Do Pass

HR 19-91A. Do P'ass

Respectfully submitted, Mrs. Guerry of Macon, Chairman.

Mr. McCracken of Jefferson, chairman of the Committee on State of 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 Senate and have instructed me as chairman to report the same back to the House with the following recommendations:

SB 2. Do Pass

SB 3. Do Pass

Respectfully submitted, McCracken of Jefferson, 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 have instructed me as chairman to report the same back to the House with the following recommendations:

HB 92. Do Pass

HB 76. Do Pass

HB 98. Do Pass

HB 99. Do Pass

HB 103. Do Pass

HB 112. Do Pass

HB 113. Do Pass

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Ansley of Lee county, chairman of the Committee on Auditing, submitted the following report:
Mr. Speaker:
Your Committee on Auditing 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 I. Do Pass HB 4. Do Not Pass
Respectfully submitted, Ansley of Lee, Chairman.

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147

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

HB 55. By Messrs. Williams and Hinson of Ware, Williams of Coffee, Oden of Pierce, and Medders of Bacon:
A bill to be entitled an act to fix the salary for the official court reporter for the Waycross Judicial Circuit; and for other purposes.

HB 63. By Mrs. Mankin and Mr. Etheridge of Fulton:
A bill to be entitled an act to provide how a lien of a carrier of passengers on the baggage of passengers may be foreclosed; and for other purposes.

HB 74. By Messrs. Brock and Alexander of Carroll, Hurst and Arnall of Coweta, Parham of Heard, Hatchett and Thompson of Meriwether, Trotter, Lam and Dallis of Troup:
A bill to be entitled an act to fix a salary for the official court reporter of the Coweta Judicial Circuit; and for other purposes.

HB 76. By Mr. Oden of Pierce:
A bill to be entitled an act to fix the salary of the clerk of the Board of Commissioners of Roads and Revenues of Pierce county; and for other purposes.

HB 82. By Messrs. Hubert, Broome, and McCurdy of DeKalb:
A bill to be entitled an act to provide for the distribution of fees of the court reporter of the Stone Mountain Judicial Circuit; and for other purposes.

HB 90. By Messrs. Shields, Holleman, and Young of Muscogee:
A bill to be entitled an act to increase the salary of the judge of the Municipal Court of Columbus to $4,800.00; and for other purposes.

HB 92. By Mr. Hardy of Jackson:
A bill to be entitled an act to fix the salaries of the commissioners of roads and revenues of Jackson county; and for other purposes.

HB 97. By Mr. Williams of Jones:
A bill to be entitled an act to abolish the city court of Gray; and for other purposes.

HB 98. By Mr. Key of Jasper:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to fix the date for the monthly meeting of the Commissioners of Roads and Revenues for Jasper county; and for other purposes.

HB 99. By Mr. Mason of Morgan:
A bill to be entitled an act to fix the salary of the clerk of the Commis sioners of Roads and Revenues for Morgan county; and for other purposes.

HB 102. By Mr. Sills of Candler:
A bill to be entitled an act to fix the salary of the judge and solicitor of the city court of Metter; and for other purposes.

HB 103. By Mr. Rossee of Putnam:
A bill to be entitled an act to provide any Commissioner of Roads and Revenues of Putnam county who offers for re-election and is defeated shall not hold over, but the Governor shall appoint a commissioner; and for other purposes.

HB 105. By Messrs. Willis of Irwin, Alexander of Chatham, and Connell of Lowndes:
A bill to be entitled an act to provide that the fourth Thursday in November shall be Thanksgiving and the first Monday in September shall be Labor Day; and for other purposes.

HB 111. By Mr. Gary of Quitman:
A bill to be entitled an act to abolish the county court of Quitman county; and for other purposes.

HB 112. By Mr. Herrin of Echols:
A bill to be entitled an act to repeal an act approved February 22, 1943 (Georgia Laws 1943, pp. 955-959), which divided Echols county into three districts for the election of county commissioners; and for other purposes.

HB 113. By Mr. Herrin of Echols:
A bill to be entitled an act to provide for the election and tenure of members of the board of roads and revenues of Echols county; and for other purposes.

HR 19-91A. By Mr. Harris of Richmond:
A resolution confirming the appointment of Oliver F. Reeves as Poet Laureate of Georgia; and for other purposes.

THURSDAY, JANUARY 18, 1945

149

SB 1. By Messrs. 1\llillican of the 52nd, Gross of the 31st, Harrell of the 7th, and Grayson of the 1st:
A bill to be entitled an act to amend the act creating the Department of Audits and Accounts by providing additional qualifications and experience for the state auditor; and for other purposes.

SB 2. By Messrs. Millican of the 52nd, Gross of the 31st, Harrell of the 7th, and Freeman of the 22nd:
A bill to be entitled an act to amend an act creating a Department of Public Safety so as to reduce the minimum and maximum age limits of eligibility for appointment as an officer or trooper; and for other purposes.

SB 3. By Messrs. Millican of the 52nd, Gross of the 31st, Grayson of the 1st, and Causey of the 46th:
A bill to be entitled an act to authorize the State of Georgia acting by and through the Governor, the state auditor and the attorney general to take or damage by condemnation private property for public purposes of the State; and for other purposes.

SB 6. By Messrs. Millican of the 52nd, Sabados of the lOth, Smith of the 24th, Grayson of the 1st, and Gross of the 31st:
A bill to be entitled an act to amend an act approved February 16, 1943, relating to holidays by providing that the fourth Thursday in November shall be Thanksgiving Day; and for other purposes.
Mr. Cates of Burke requested that the clerk strike his name off, as one of the authors of HB 104.
The speaker recognized the presence in the gallery of the sixth grade of the Georgia Avenue school of Fulton county.
The speaker presented to the House Honorable James V. Carmichael, vicepresident and general manager of the Bell Bomber Plant of Marietta, who briefly addressed the House and then presented to the House Honorable Larry Bell, president of the Bell Bomber Plant, who also addressed the House.
By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 66. By Mr. Mann 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.

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JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 107, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 59. By Messrs. Brock and Alexander of Carroll:
A bill to be entitled an act to provide for a chairman of the Commissioners of Roads and Revenues of Carroll county instead of an executive director, and to define his duties; to provide for a clerk of the board of 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 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

By unanimous consent, the following bill of the Senate was read the first time and referred to the committee:

SB 7. By Senator Millican of the 52nd:
A bill to be entitled an act to regulate the sale of second hand watches, to require all persons engaged in buying and selling watches to affix and keep affixed on all second hand watches a tag plainly marked "Second Hand"; to require that all second hand watches displayed for sale shall be displayed as "Second Hand"; and for other purposes.
Referred to the Committee on Special Judiciary.

Mr. Wells of Ben Hill 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 3. HB 38. HB 40. HB 59. HB 66.
Respectfully submitted, Wells of Ben Hill, Chairma"!l.

THURSDAY, JANUARY 18, 1945

151

By unanimous consent the following bill of the Senate was read the first time and referred to the committee:

SB 8. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act approved March 15, 1943, entitled "An act to create a Civil Service Board in Fulton county; to provide for the appointment and removal of said board and their qualifications, term of office and salaries; to prescribe the duties of the Civil Service Board; to provide what employees the provisions of this act shall be applicable, etc."; and for other purposes.
Referred to the 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 9. By Mr. Fortson of Wilkes:
A bill to be entitled an act to amend Section 92-108 of the Code of 1933 by providing that no person who has served in the armed forces of the United States during any war shall be required to pay poll tax; and for other purposes.

Mr. Culpepper of Fayette moved th.at the House adjourn until Monday morning at 10:00 o'clock, and the motion prevailed, HB 9 being carried over to Monday as unfinished business.
Before adjourning, the speaker presented to the House Hon. Bill Ireland, superintendent of the Milledgeville Training School; also Hon. H. L. Wingate, of the Georgia Farm Bureaus.
Leaves of absence were granted to Messrs. Nicholson of Oconee and Porter of Gordon.
The speaker announced the House adjourned until Monday morning at 10:00 o'clock.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia.

Monday, January 22, 1945.

The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the speaker. Master Roy V. Harris, Jr., read the. scripture and prayer was led by Dr. Louie D. Newton, pastor of the Druid Hills Baptist Church, Atlanta.

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

Adams Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Baker Banks Bargeron Barrett Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Burch Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Connerat Cowart

Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Garrison Gary Gaskins Gavin Gibson Giddens Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hall Hampton Hand

Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman dolley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kelly Kendrick Kenimer Kent Key King Knabb Lam

MONDAY, JANUARY 22, 1945

153

Lancaster Lane Lewis Littlejohn Livingston Looper Lovett Maund McCracken McCurdy McNall Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy

Oakley Oden Odom Oliver O'Shea) Overby Parham Parks Pannell Pennington Fettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray Riddlespurger Ritchie Rossee Roughton Sapp Seagler Seagraves Sears Sheffield Shields Sills Smiley

Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young Mr. Speaker

Mr. Evitt of Catoosa, 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 consent:
{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) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.

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JOURNAL OF THE HOUSE,

The following message was received from the Senate through ~1rs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 19. By Senator Millican of the 52nd:
A bill to be entitled an act to provide in Fulton county a system for pension and retirement pay to teachers and employees of the board of education of Fulton county; and for other purposes.

SB 20. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal an act entitled "An act to authorize the board of education of any county having more than 200,000 population to create a retirement fund for teachers and employees of county school system; and for other purposes.

SB 37. By Senator Grayson of the 1st and Senator Stone of the 15th:
A bill to amend an act approved March 17, 1943 (Georiga Laws pp. 441442), limiting amount of money payable for campaign expenses; and for -other purposes.

SB 43. By Senator Welsch of the 39th:
A bill to be entitled an act to amend Section 5998 of the Code of Georgia providing for the compensation of deputy sheriffs for attendance upon certain courts and elections, to provide for additional pay; and for other purposes.

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

HB 134. By Messrs. Key of Jasper, Harris, Holley and King of Richmond:
A bill to be entitled an act to authorize the State Board of Social Security to purchase land adjacent to or near lands already under the control of said board; and for other purposes.
Referred to the Committee on Public Property.

HB 135. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act to require the tax receiver of Cobb county to list taxpayers in alphabetical order regardless of militia districts; and for other purposes.

MONDAY, JANUARY 22, 1945

155

Referred to the Committee on Counties and County Matters.

HB 136. By Messrs. Hubert, Broome and McCurdy of DeKalb:
A bill to be entitled an act to provide for a salary for the coroner of DeKalb county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 137. By Messrs. Hubert, Broome and McCurdy of DeKalb:
A bill to be entitled an act to create a DeKalb County Waterworks Advisory Board and provide the Commissioner of Roads and Revenues shall be the administrator of said waterworks system; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 138. By Messrs. Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend Code Section 24-3348 to provide that the court may relieve a prochein ami from making a bond whether recovery does not exceed $500.00; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 139. By Messrs. Brock and Alexander of Carroll, Hinson and Williams of Ware:
A bill to be entitled an act to establish a new scale of fees for constables of the militia districts of this State; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 140. By Messrs. Arnold of Spalding and Ray of Warren:
A bill to be entitled an act to relieve banks from liability for cashing checks bearing forged or unauthorized indorsements unless claim is filed within one ye~r; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 141. By Messrs. Arnold of Spalding, Arnall of Coweta, and Ray of Warren:
A bill to be entitled an act to amend Section 13-2015 of the Code relating to the limit of loans on real estate by banks; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 142. By Messrs. Arnold of Spalding, Arnall of Coweta, and Ray of Warren:
A bill to be entitled an act to repeal Section 5 of Article XIX of the

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JOURNAL OF THE HOUSE,

Banking Law as codified in Section 13-2005 of the Code of Georgia of 1933 as amended relating to examiners interview of directors, and to repeal Sections 6, 7, and 8 of Article XIX; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 143. By Messrs. Arnold of Spalding, Arnall of Coweta, Ray of Warren, and Lovett of Laurens:
A bill to be entitled an act to repeal Section 13-401A of the Code of Georgia of 1933 relating to the verification by bank examiners of individual deposit accounts; and for other purposes.
Referred to the Committee on Banks and Banking.

H B 144. By Messrs. Arnold of Spalding, Arnall of Coweta, and .Ray of Warren:
A bill too be entitled an act to revise the scale of fees paid by banks for examination by bank examiners; and for other purposes.
Referred to the Committee on Banks and Banking.

H B 145. By Mr. Arnold of Spalding:
A bill to be entitled an act to amend Section 14-209 of the Code so as to enlarge the definition of bearer paper by placing responsibility on the drawer for the acts of his agent who names a fictitious payee; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 146. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to fix the venue of all suits on bonds of all state, county or municipal officers in the county of the residence of such officials; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 147. By Messrs. Arnold of Spalding and Arnall of Coweta:
A bill to be entitled an act to amend Title 46 of the Code by adding a new section providing that state, county, city or town officials and employees may be garnisheed; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 148. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to be entitled an act to amend the charter of the City of Rome by extending the city limits; by increasing the tax limit from two and one-

MONDAY, JANUARY 22, 1945

157

fourth to two and one-half per cent; to provide certain retirement pay to city employees; and for other purposes.
Referred to the Committee on Municipal Government.
. HB 149. By Messrs. Price and Hill of Clarke: A bill to be entitled an act to fix the salary of the members of the Board of County Commissioners of Clarke county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 150. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend Code Section 56-208 relating to boards of directors of insurance companies by striking the words "nor more than fifteen" and substituting the words "and as many additional as may be provided by the by-laws of such companies"; and for other purposes.
Referred to the Committee on Insurance.

HB 151. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend Section 56-907 of the Code by providing the board of directors of life insurance companies shall consist of not less than five and as many additional as may be provided by the by-laws of such insurance companies; and for other purposes.
Referred to the Committee on Insurance.

HB 152. By Mr. Kent of Glascock:
A bill to be entitled an act to amend the charter of the City of Gibson by providing for four members of city council instead of two; and for other purposes.
Referred to the Committee on Municipal Government.

HB 153. By Mr. Moye of Randolph:
A bill to be entitled an act to amend the charter of the City of Cuthbert to provide for zoning ordinances; and for other purposes.
Referred to the Committee on Municipal Government.

HB 154. By Mr. Banks of Lamar:
A bill to be entitled an act to amend the charter of the City of Barnesville to provide for a city-wide vote for members of city council; and for other purposes.
Referred to the Committee on Municipal Government.

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HB 155. By Messrs. Durden of Dougherty, Hand of Mitchell, Harris, King and Holley of Richmond, Fortson of Wilkes, Greer of Lanier, and .Phillips of Columbia:
A bill to be entitled an act to authorize the State Board of Health to allocate funds to any hospital, sanitorium, medical center, maternity home, nursing home or other institution operated by the stoate or any political subdivision thereof; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 156. By Messrs. Durden of Dougherty, Hand of Mitchell, Harris, Holley and King of Richmond, Fortson of Wilkes, Greer of Lanier, and Phillips of Columbia:
A bill to be entitled an act to authorize the State Board of Health to pay the costs of the basic health program in every county; to set up regional health districts; to build additional hospitals, maternity shelters and health centers; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 157. By Mr. Brooke of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton to provide for a Civil Service Commission for city employees and for a retirement fund; and for other purposes.
Referred to the Committee on Municipal Government.

HB 158. By Mr. Ray of Warren:
A bill to be entitled an act to amend the charter of the City of Norwood relating to the election of mayor and councilmen; and for other purposes.
Referred to the Committee on Municipal Government.

HB 159. By Mr. Brooke of Whitfield:
A bill to be entitled an act to fix the salary for the Commissioner of Roads and Revenues of Whitfield county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 160. By Mr. Almand of Walton:
A bill to be entitled an act to amend the charter of the City of Social Circle by increasing the tax levy for school purposes; and for other purposes.
Referred to the Committee on Municipal Government.

MONDAY, JANUARY 22, 1945

159

HB 161. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia, and McCracken of Jefferson:
A bill to be entitled an act to amend the homestead exemption law by providing for the filing of application for exemption on April 1 instead of May 1; and for other purposes.
Referred to the Committee on Ways and Means.

HB 162. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia, and McCracken of Jefferson:
A bill to be entitled an act to provide applications for exemptions on the
household and kitchen furniture must be filed by April 1 instead of :May l;
and for other purposes.
Referred to the Committee on Ways and Means.

HB 163. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of
Cobb, Phillips of Columbia, and McCracken of Jefferson: A bill to be entitled an act to provide for the filing of tax returns from January 1 to April 1 instead of February 1 to May 1; and for other _purposes.
Referred to the Committee on Ways and Means.

HB 164. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, and McCracken of Jefferson:
A bill to be entitled an act to provide that county boards of tax assessors shall complete their revision of returns of taxpayers by June 1 instead of July 1 and file a copy with the State Revenue Commissioner instead of the Comptroller General; and for other purposes.
Referred to the Committee on Ways and Means.

HB 165. By Mr. Oakley of Barrow:
A bill to be entitled an act to provide for the time of holding four terms of Barrow Superior Court; and for other purposes. Referred to the Committee on Special Judiciary.

HB 166. By Messrs. Oakley of Barrow, Campbell of Newton, Almand of Walton, Holbrook of Forsyth, and Gammage of Sumter:
A bill to be entitled an act to provide the State shall pay to clerks of the Superior Courts $1.00 for each recording of enlistment and discharged records of membe"rs of the armed forces; and for other purposes.
Referred to the Committee on Special Judiciary.

160

JOURNAL OF THE HOUSE,

HB 167. By Messrs. Lane and Livingston of Polk:
A bill to be entitled an act to provide that applicants for divorce in Polk Superior Court shall pay $10.00 cost upon filing the petition; and for other purposes.
Referred to the Committee on Special Judiciary.

H B 168. By Messrs. Lane and Livingston of Polk: A bill to be entitled an act to amend the charter of the City of Cedartown by providing for zoning ordinances; and for other purposes.
Referred to the Committee on Municipal Government.

HB 169. By Mr. Swint of Spalding:
A bill to be entitled an act to regulate enrichment of Hour, bread, degerminated corn meal and/or grits, prescribe penalty for violation thereof; and for other purposes.
Referred to the Committee on General Agriculture No. 2.

HB 170. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, .Dorsey of Cobb, Phillips of Columbia, and McCracken of Jefferson:
A bill to be entitled an act to provide that tax receivers shall present tax returns to county boards of tax assessors by April 10 of each year; and for other purposes.
Referred to the Committee on Ways and Means.

HB 171. By Mr. Arnold of Spalding:
A bill to be entitled an act to amend the banking laws to provide that no bank shall lend more than thirty per cent of its capital and unimpaired surplus on the stock of any corporation; and for other purposes.
Referred to the Committee on Bimks and Banking.

HB 172. By Messrs. Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to amend Section 56-315 of the Code relating to deposits by foreign insurance companies or agents when amount required of companies of this state by foreign states greater than imposed by this state and to provide for deposit of securities with the State Treasurer instead of the Insurance Commissioner; and for other purposes.
Referred to the Committee on Insurance.

HB 173. By Mr. Arnold of Spalding:

MONDAY, JANUARY 22, 1945

!61

A bill to be entitled an act to amend Section 53-503 of the Code by providing that the wife, by express contract in writing, may bind herself to assume and pay a specified debt; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

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 recommendation:
HB 47. Do Pass
Respectfully submitted, Hatchett of Meriwether, Chairman.

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

HB 47. By Dr. Moye of Brooks:
A bill to be entitled an act to provide that voters in Brooks county living within municipality maintaining an independent school system shall not be eligible to vote for County School Superintendents; and for other purposes.

By unanimous consent, the following bills of the House were taken up for consjderation, read the third time, and placed upon their passage:

HB 76. By Mr. Oden of Pierce:
A bill to be entitled an act to fix the salary of the clerk of the Board of Commissioners of Roads and Revenues of Pierce county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 90. By Messrs. Shields, Holleman and Young of Muscogee:
A bill to be entitled an act to increase the salary of the judge of the Municipal Court of Columbus at $4,800.00; 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 92. By Mr. Hardy of Jackson: A bill to be entitled an act to fix the salaries of the Commissioners of Roads and Revenues of Jackson county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 97. By Mr. Williams of Jones: A bill to be entitled an act to abolish the city court of Gray; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 98. By Mr. Key of Jasper:
A bill to be entitled an act to fix the date for the monthly meeting of the Commissioners of Roads and Revenues for Jasper 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 99. By Mr. Mason of Morgan:
A bill to be entitled an act to fix the salary of the Clerk of the Commissioners of Roads and Revenues for Morgan county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.

MONDAY, JANUARY 22, 1945

163

The bill having received the requisite constitutional majority was passed.

HB 102. By Mr. Sills of Candler: A bill to be entitled an act to fix the salary of the Judge and Solicitor of the City Court of Metter; and for other purposes.
The report 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 103. By Mr. Rossee of Putnam:
A bill to be entitled an act to provide any Commissioner of Roads and Revenues of Putnam county who offers for re-election and is defeated shall not hold over, but the Governor shall appoint a Commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 111. By Dr. Gary of Quitman: A bill to be entitled an act to abolish the County Court of Quitman 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 112. By Mr. Herrin of Echols:
A bill to be entitled an act to repeal an act approved February 22, 1943 (Georgia Laws 1943, pp. 955-959), which divided Echols county into three districts for the election of County Commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.

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JOURNAL OF THE HOUSE,

HB 113. By Mr. Herrin of Echols:
A bill to be entitled an act to provide for the election and tenure of members of the Board of Roads and Revenues of Echols county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority, was passed.
By unanimous consent the following bills of the Senate were read for the first time and referred to the committees:

SB 19. By Senator Millican of the 52nd:
A bill to be entitled an act to provide a system for pensions and retirement of teachers and employees of the Board of Education of Fulton county; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 20. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal an act approved March 10, 1937, creating a retirement fund for the teachers and employees of the Board of Education of Fulton county; and for other purposes.
Referred to the Committee on Counties and County lVIatters.

SB 37. By Senators Grayson of the lst and Stone of the 15th:
A bill to be entitled an act to provide that candidates may file itemized statement of expenses with the Comptroller General or Clerks of the Superior Court; and for other purposes.
Referred to the Committee on Privileges and Elections.

SB 43. By Senator Welsch of the 39th:
A bill to be entitled an act to provide that deputy sheriffs of certain counties shall be paid $2.00 per day for attendance upon courts and elections; and for other purposes.
Referred to the Committee on Special Judiciary.

The following resolution of the House was read and adopted:

HR 25. By Mr. Gowen of Glynn:

MONDAY, JANUARY 22, 1945

165

A resolution urging the Civil Aeronautics Board of the United States to grant permission for the inauguration of air transportation passenger service between the City of Atlanta and the City of Brunswick.

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

HR 6. By Messrs. Harris of Richmond, Key of Jasper, and others:
A resolution authorizing the Governor to transfer $3,348,000.00 from reserve fund to the State Department of Education to pay increased teacher salaries for 1944-1945 school term and other school aid.

SB 36. By Senator Wellborn of the 40th, Minchew of the 5th, and Edenfield of the 2nd:
A bill to be entitled an act to amend an act of the General Assembly of Georgia approved August 12, 1918, fixing the amount of fees the sheriffs of this state shall be entitled to charge and collect; and for other purposes.

SB 44. By Senator Harrell of the 7th, Drake of the 8th, and Wall of the 9th:
A bill to be entitled an act to amend Code Section 22-1504 requiring any foreign corporation claiming to own 5,000 acres of land to. incorporate in Georgia so as to provide that the section shall not apply to corporations owning mineral rights, minerals, oil, gas or other on, in or under lands in this state; and for other purposes.

Mr. Wells of Ben Hill 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 76. HB 90. HB 92. HB 97. HB 98. HB 99.

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JOURNAL OF THE HOUSE,

HB 103. HB 111. HB 112. HB 113.

Respectfully submitted, Wells of Ben Hill, Chairman.

Under the provisions of HR 21, requesting certain information from the State Department of Health, the following communication was read and ordered filed:
January 18, 1945.
Hon. Roy V. Harris, Speaker, and Members of the House of Representatives State Capitol Atlanta, Georgia
Gentlemen:
I submit the following information requested in HR 21:
There are 112 empty beds at the State Tuberculosis Sanatorium at present. There are 399 potential beds for white patients. There are 128 potential beds for colored patients. The avera~e daily census for white patients in 1944 was 310. The average daily census for colored patients in 1944 was 107. There were 103 colored patients in the Sanatorium January 15, 1945. There were 312 white patients in the Sanatorium January 15, 1945. The basic reason for the empty beds at the Sanatorium is lack of housing facilities for personnel. This situation is further complicated by the isolated location of the institution and the complete lack of outside recreational facilities for personnel when off duty.
The following tables contain the information as to the number of persons we need in each of the units specified in order to fill the 527 beds; the number on our payroll at present; the number needed; and the turnover for two years. I hopt special notice will be taken of the turnover in personnel:
LAUNDRY No. normaL______________________________________________________ 18
No. on payroll------------------------------------------------- 11 No. needed_______________ ,________________________________________ 7
Turnover, 1943 ------------------------------------------------ 52 Turnover, 1944 ----------------------------------------------- 31



MONDAY, JANUARY 22, 1945

167

CULINARY No. normal........................................................ 41 No. on payroll.................................................. 25 No. needed........................................................ 16 Turnover, 1943 ................................................ 75 Turnover, 1944 ................................................ 135
HOUSEKEEPING
No. normal........................................................ 46 No. on payroll................................................ 39 No. needed ..:..................................................... 7 Turnover, 1943 ................................................ 171 Turnover, 1944 ................................................ 118
NURSING
No. normal........................................................ 75 No. on payroll............................................: 53 No. needed........................................................ 22 Turnover, 1943 ................................................ 122 Turnover, 1944 ................................................ 76
TOTAL PERSONNEL NEEDED
Laundry ............................................................ 7 Culinary ............................................................ 16 Housekeeping .................................................. 7 Nursing ............................................................ 22 Medical ............................................................ 2
Maintenance .................................................... 5
Administration ................................................

Total needed...................................................... 60
The colored patients at the Sanatorium are housed in old, dilapidated beyond repair, wooden buildings that are a tremendous fire hazard.
We are, at present, taking care of the maximum number of patients that can be handled with the personnel available and give anything like a reasonable service.
Under the circumstances, we feel that patients can be better cared for in their homes by their families under the guidance of public health workers than if admitted to the Sanatorium without adequate facilities for minimum care.
Until the State can furnish adequate housing and outside recreational facilities for personnel, the Institution will always have difficulty in obtaining and holding trained personnel.



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JOURNAL OF THE HOUSE,

Respectfully submitted, T. F. Abercrombie, M.D., Director, Department of Public Health.

The Speaker presented the following distinguished guests to the House: Commander Stanley Jones, who addressed the House; Lieutenant Colonel Robert P. Rosenveck, who participated in the invasion of France; Honorable P. S. Moses; former Lieutenant Governor James 0. Sheppard, of South Carolina; Honorable Lon Sullivan of the Georgia War Service Council; Honorable Luke Arnold, Recorder of the City of Atlanta; Judge J. M. C. Townsend, of the Cherokee Judicial Circuit; Miss Ira Jarrell, Superintendent of the City of Atlanta schools; Miss Allie Mann; Honorable Downing Musgrove, former Comptroller-General and former Secretary to E. D. Rivers.

The following message was received from his Excellency, the Governor of Georgia, through his executive secretary, Honorable M. E. Thompson:

Mr. Speaker and Representatives:

January 22, 1945.

It is my duty to transmit herewith an Executive Communication under seal.

In compliance with the provisions of Section 2-2612 of the Georgia Code Annotated the law requires under the State Constitution, in part: That

"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."

In every instance the reprieves which were granted by your Governor were done at or by the direction or approval of the State Board of Pardons and Paroles and are as follows:

Name of Prisoner
Pittman, Eugene Reed, Edmund Mathis, Tommie Lee Ellison, S. A. Reeves, C. B. Hicks, Willie Andrews, Sylvester Irwin, Isaac Lee, Marvin

Crime
Murder Murder Murder Murder Murder Rape Rape Murder Rape

Sentence
Death Death Death Death Death Death Death Death Death

Date of Sentence
March 30, 1943 May 6, 1943 Sept. 4, 1943 Aug. 18, 1943 Nov. 5, 1943 March, 1943 June Term, 1942 Dec. 22, 1943 Aug. 3, 1943

Date of Reprieve
4-14-43 6- 5-43 9-16-43 9-20-43 10-25-43 11-10-43 11-13-43 11-15-43 1-12-44

MONDAY, JANUARY 22, 1945

169

Baker, Lena Bryant, Willie
James, Jessie

Murder Murder
Murder

Death Death
Death

Aug. 14, 1944 Feb. 19, 1940 June 21, 1941 Oct. 27, 1944

10-10-44 10-21-44
11- 8-44

Hearings were held in the above cases by the State Pardon and Parole Board and commutation was denied in every instance with the exception of the Reeves and James cases. Their death sentences were commuted by the Board to life imprisonment.
Respectfully submitted,
Ellis Arnall,
Governor.

Mr. Kent of Glascock 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 1

Respectfully submitted,

Kent of Glascock, Chairman.

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 9. By Mr. Fortson of Wilkes:
A bill to be entitled an act to amend Section 92-108 of the Code of 1933 by providing that no person who has served in the armed forces of the United States during any war shall be required to pay poll tax; and for other purposes.
Mr. Hand of Mitchell moved the previous question and the motion prevailed. The main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill Mr. Fortson of Wilkes moved the ayes and nays. The motion prevailed.
The roll was called and the vote was as follows :

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Those voting in hte affirmative were:

Adamson Arnall of Coweta Arnold of Spalding Beddingfield Britton Brock Brooke Broome Brumby Brunson Burch Callaway Cheek Connell Crow Dorsey of White Etheridge of Fulton Evitt Fortson Fowler Gaskins

Giddens Gowen Greer Griswell Guerry Harden Harrison of Jenkins Hefner Herndon Hinson of Jeff Davis Hinson of Ware Holbrook Hollis Hurst Kelly Kenimer King Knabb Looper Mankin Mann of Henry

Massey Medders Moye of Brooks Mullinax Murphy Parks Pannell Riddlespurger Rossee Smith of Oglethorpe Swint Thornton Thrash Whaley Williams of Coffee Williams of Gwinnett Williams of Ware Willoughby Wilson

Those voting in the negative were:

Almand Ansley Banks Bargeron Barrett Barwick Battles Black Bloodworth of Bibb Bloodworth of Houston Boynton Campbell Cates Chance Chastain Claxton Conner at Cowart Crowley Culpepper Dallis DeFoor

Dorsey of Cobb Dupree Dykes Ennis, Marion Key Lane Lewis Littlejohn Maund McCracken McCurdy McNall Mallard Mann of Rockdale Manous Matthews of Paulding Mitchell l\1orrison Mosley Moye of Randolph Oakley O'Shea

Overby Parham Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Powell Etheridge of But~s Freeman Gammage Garrison Gary Gavin Gibson Glisson Greene Guyton Hall Hand Hardy of Hall Hardy of Jackson

MONDAY, JANUARY 22, 1945

171

Harrison of Screven Hart Hatchett Herrin Hicks Hill Hogg Holleman Holloway Hooks Hubert Jackson Jennings of Sumter Jennings of Terrell Kennon

Kent Lancaster Price Ramey Ray Roughton Rowland Seagler Seagraves Sears Shields Sheffield Shields Sills Smith of Emanuel

Strickland of Upson Sumner Thompson Trotter Twitty Underwood Weaver Wells of Lincoln Williams of Jones Willis Witherington Young
Sparks

Those' not voting were:

Adams Alexander of Carroll Alexander of Chatham Baker Cheshire Durden Ennis, J. H. Gilbert Hampton Harrison of Wayne Holley Johns

Kendrick Lam Livingston Lovett Malone Mason Matthews of Peach Miller Moore Nicholson Oden Odom

Oliver Porter Ritchie Sapp Smiley Smith of Bryan Strickland of Pike Watford Wells of Ben Hill Williams of Appling Williams of Toombs Mr. Speaker

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

On the passage of the bill, the ayes were 61, the nays 108.

The bill failing to receive the requisite constitutional majority was lost.

HB 11. By Messrs. Weaver, Bloodworth and Wilson of Bibb and Bloodworth of Houston:
A bill to be entitled an act to amend Code Sections 60-604 and 60-612 of the 1933 Code relating to acknowledgments of service of petitions and process under the Land Registration Law, by providing that acknowledgment of service may be made in the presence of any person authorized to administer oaths; and for other purposes.
The report 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.

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JOURNAL OF THE HOUSE.

The bill having received the requisite constitutional majority was passed.

HB 16. By Messrs. Kennon of Cook, Willoughby of Clinch, Sears of Atkinson, Greer of Lanier and Gaskin of Berrien:
A bill to be entitled an act to fix a salary for the official reporter of the Alapaha Judicial Circuit at $2,000.00 per annum for reporting criminal cases; and for other purposes.
The report 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 1.
The bill having received the requisite constitutional majority was passed.

HR 7-16a. By Mrs. Guerry of Macon:
A resolution to authorize the Governor to reconvey a tract of land to Macon county which was deeded to the state by Macon 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 145, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

HB 19. By Mr. Alexander of Chatham:
A bill to be entitled an act to provide for the use of photostatic copies of wills in the taking of testimony of out of state witnesses in the probate of wills; and for other purposes.
The report 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.

HR 10-19b. By Messrs. Gowen and Gilbert of Glynn:
A resolution providing for the payment of travel expenses to Superior Court Judges; and for other purposes.
By unanimous consent, HR 10-19b was postponed until Wednesday, January 24th.

HB 25. By Mr. Willis of Irwin:

MONDAY, JANUARY 22, 1945

173

A bill to be entitled an act to provide for three terms of hte Irwin 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 134, the nays 0.
The bill having received the requisite constitutional majority was passed.

HR 15-33a. By Messrs. Fortson of Wilkes and Brumby of Cobb:
A resolution providing members of the armed forces may drive motor vehicles while on furlough without procuring a driver's license; 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 142, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

H B 56. By Messrs. Durden of Dougherty and McCracken of Jefferson:
A bill to be entitled an act to fix the salary of the Supervisor of Purchases at $6,000.00; and for other purposes.

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

Adams Arnall of Coweta Baker Banks Bargeron Barrett Beddingfield Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brooke Broome Burch

Campbell Cates Connell Connerat Crow Dallis Dorsey of Cobb Dupree Dykes Etheridge of Fulton Evitt Fortson Gibson Gowen

Greer Griswell Guerry Guyton Hall Hand Hardy of Hall Harrison of Jenkins Harrison of Screven Hicks Hinson of Jeff Davis Hubert Hurst Jackson

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Kendrick Kenimer Kent Key Knabb Lam Lancaster Lane Lewis Littlejohn Maund McCracken McCurdy

Mann of Rockdale Massey Morrison Murphy O'Sheal Pettit Phillips Pittman of Bartow Pittman of Tift Ray Rossee Sills Smith of Emanuel

Those voting in the negative were:

Adamson Alexander of Carroll Ansley Arnold of Spalding Barwick Battles Black Brock Brunson Callaway Chastain Cheek Claxton Cowart Crowley Culpepper DeFoor Dorsey of White Etheridge of Butts Fowler Freeman Gammage Garrison Gaskins Gavin

Giddens Glisson Greene Hardy of Jackson Hatchett Hefner Herndon Herrin Hill Hinson of Ware Hogg Holbrook Holloway Hooks Jennings of Sumter Jennings of Terrell Kennon King Looper McNall Mallard Mankin Mann of Henry Manous Matthews of Paulding

Those not voting were:

Alexander of Chatham Almand Brumby Chance Cheshire

Durden Ennis,]. H. Ennis, Marion Gary Gilbert

Sumner Thrash Trotter Twitty Weaver Wells of Ben Hill Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Willis Wilson

Moye of Brooks Moye of Randolph Oakley Oden Parham Parks Pannell Pennington Powell Riddlespurger Rowland Seagler Seagraves Sears Sheffield Smith of Oglethorpe Sparks Strickland of Upson Swint Thompson Underwood Whaley Williams of Ware Willoughby Young

Hampton

Harden

Harrison of Wayne

Hart



Holleman

MONDAY, JANUARY 22, 1945

175

Holley Hollis Johns Kelly Livingston Lovett Malone Mason Matthews of Peach Medders Miller Mitchell

Moore Mosley Mullinax Nicholson Odom Oliver Overby P'orter Price Ramey Ritchie Roughton

Sapp Shields Smiley Smith of Bryan Strickland of Pike Thornton Watford Wells of Lincoln Williams of Appling Witherington Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 80, the nays 75. The bill having failed to receive the requisite constitutional majority was lost.

Mr. Durden of Dougherty gave notice that at the proper time he would make a motion for reconsideration of HB 56.
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 o'clock.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, January 23, 1945.

The House met pursuant to adjournment this date at 10:00 o'clock A. M., was called to order by the Speaker and opened by scripture reading and prayer by Dr. Fred Smith, pastor of the First Baptist Church, Bremen, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Representative-elect J. P. Johns of Brantley came to the bar of the House and was administered the oath of office by Judge Lee Wyatt, Justice of the Supreme Court of Georgia.
Mr. Evitt of Catoosa, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
1. Introduction of bills and resolutions. 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. Third reading and passage of uncontested local bills. 6. First reading and reference of Senate bills.

The following resolutions of the House were read and adopted:

HR 26. By Mr. Durden of Dougherty:
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 twelve o'clock noon today, January 23, 1945, for the purpose of hearing a message from his Excellency, the Governor.

HR 27. By Messrs. Smith of Bryan, Watford of Long, Glisson of Evans, Oliver of Tattnall, Smiley of Liberty and Williams of Toombs:
A resolution requesting the Federal Government to permit former owners to repurchase the site of Camp Stewart.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read for the first time, and referred to the Committees:

TUESDAY, JANUARY 23, 1945

177

HB 174. By Messrs. Rossee of Putnam and Oden of Pierce:
A bill to be entitled an act to provide that the State Board of Pharmacy shall appoint a chief drug inspector instead of the Commissioner of Agriculture, and for other purposes.
Referred to the Committee on General Agriculture No. 1.

HB 175. By Messrs. Rossee of Putnam, Oden of Pierce and Moye of Brooks:
A bill to be entitled an act to amend a Uniform Narcotic Drug Act by including insonipecaine and giving a definition of same; and for other purposes. Referred to the Committee on Hygiene and Sanitation.

HB 176. By Mr. Key of Jasper:
A bill to be entitled an act to reduce the fee to the Ordinary for issuing license to dealers in livestock from $5.00 to $2.00; and for other purposes.
Referred to the Committee on General Agriculture No. 1.

HB 177. By Mr. Key of Jasper:
A bill to be entitled an act changing the fee paid to ordinaries for filing
birth certificates from 10 cents to 20 cents; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 178. By Messrs. Hooks and Smith of Emanuel and Glisson of Evans:
A bill to be entitled an act to provide separate doors and a partition in motor buses for the separation of white and colored passengers; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 179. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to increase the tax for school purposes in Gainesville from 75 cents to $1.00 on each $100.00; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 180. By Messrs. Hardy and Lancaster of Hall, Evitt of Catoosa, Willis of Irwin, Manous of Cherokee and Looper of Dawson:
A bill to be entitled an act to amend Code Section 59-105 by fixing the compensation of jury commissioners and clerk at $5.00 per day; and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

HB 181. By Messrs. Battles of Decatur and Twitty of Mitchell:
A bill to be entitled an act to amend Code Section 92-5712 so as not to allow a property owner to pay the taxes against a part of his property that has been returned or assessed with other property and secure a release from a lien for taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 182. By Mr. Arnold of Spalding:
A bill to be entitled an act to amend Code Section 13-201 to provide that banks incorporated by the Superior Courts shall not be defined as "Banks"; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 183. By Messrs. Arnold and Swint of Spalding and Holbrook of Forsyth:
A bill to be entitled an act to provide that the Commissioner of Agriculture may assess and collect penalties from the manufacturer or mixer of feedstuffs where it is found deficient, and for other purposes.
Referred to the Committee on General Agriculture No. 2.

HB 184. By Messrs. Durden of Dougherty, Arnall of Coweta, Hand of Mitchell, Gowen of Glynn, Dorsey of Cobb and Culpepper of Fayette:
A bill to be entitled an act to amend the "Motor Fuel Tax Law" to provide for taxation of motor fuel placed in aircraft in Georgia for use in intrastate flights; and for other purposes. Referred to the Committee on Ways and Means.

HB 185. By Mr. Durden of Dougherty:
A bill to be entitled an act to provide that a certificate of convenience and necessity must be procured by a carrier or a public utility before commencement of operation of a new business, the change in ownership of an existing business, or the construction or extension of any plant, or other facility; and for other purposes.
Referred to the Committee on Public Utilities.

HB 186. By Messrs. Hicks and Littlejohn of Floyd:
A bill to be entitled an act to amend the charter of the City of Rome by providing the Civil Service Board may make rules and regulations for examinations, appointments and removals; and for other purposes.
Referred to the Committee on Municipal Governments.

TUESDAY, JANUARY 23, 1945

179

HB 187. By Messrs. Hinson of Jeff Davis, Gowen and Gilbert of Glynn, Claxton of Camden, Harrison of Wayne and Williams of Appling:
A bill to be entitled an act to amend the Constitution, Article VI, Section XIII by providing counties in the Brunswick Judiciary Circuit shall pay a salary to the judge in addition to that paid by the state; and for other purposes.
Referred to the Committee on Amendments to the Constitution No. 1.

nHB 188. By Messrs. Harrison of Wayne, Hinson of Jeff Davis, Gowen and Gilbert of Glynn, Williams of Appling and Claxton of Camden:
A bill to be entitled an act to fix the salary of the Solicitor General of the Brunswick Judicial Circuit at $5,200.00 per annum; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 189. By Mr. Williams of Appling:
A bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for Appling county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 190. By Messrs. Etheridge of Butts, Hatchett and Thompson of Meriwether, and Looper of Dawson:
A bill to be entitled an act to increase the pensions to widows of Confederate soldiers to $50.00 per month; and for other purposes.
Referred to the Committee on Pensions.

HB 191. By Messrs. Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to amend Code Section 56-104 so as to repeal the proviso exempting farmers assessment cooperative fire insurance companies in not more than four counties from examination; and for other purposes.
Referred to the Committee on Insurance.

HB 192. By Messrs. Riddlespurger and Cheshire of Colquitt:
A bill to be entitled an act to provide for appointment of a person to weigh livestock and swine at livestock auction markets and stock yards; and for other purposes.
Referred to the Committee on General Agriculture No. I.

HB 193. By Mr. Hatchett of Meriwether:

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A bill to be entitled an act to provide it shall be the duty of the State Board of Education to adopt rules and regulations for taking of school census; and for other purposes.
Referred to the Committee on Education No. 2.

HB 194. By Mr. Oden of Pierce:
A bill to be entitled an act to pay the sheriff of Pierce county a salary of $100.00 per month in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 195. By Messrs. Strickland and Freeman of Upson:
A bill to be entitled an act to fix the compensation of the coroner and jurors summoned by the coroner in Upson county; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 196. By Messrs. Riddlespurger and Cheshire of Colquitt:
A bill to be entitled an act to amend the charter of the City of Moultrie to confer extra-territorial jurisdiction over certain territory adjacent to its air bases; and for other purposes.
Referred to the Committee on Municipal Government.

HB 197. By Mr. DeFoor of Mcintosh:
A bill to be entitled an act to abolish license fees levied on commercial fishing boats catching fish from the salt waters of this state; and for other purposes.
Referred to the Committee on Game and Fish.

HB 198. By Mr. Greene of Crisp:
A bill to be entitled an act to appropriate funds to pay Corporal R. D. Brown and wife for injuries sustained in a collision with a car of the Department of Public Safety; and for other purposes.
Referred to the Committee on Special Appropriations.

HB 199. By Messrs. Looper of Dawson, Holbrook of Forsyth, Knabb of Charlton, Mullinax of Gilmer, Hefner of Pickens, Hill of Clarke, Mann of Rockdale, Swint of Spalding, Thompson of Meriwether, Etheridge of Butts, Garrison of Habersham, Hardy and Lancaster of Hall, Pettit of Bartow and Ramey of Chattooga:
A bill to be entitled an act providing for the registration of feeding-stuffs

TUESDAY, JANUARY 23, 1945

181

with the Commissioner of Agriculture and fixing the fees therefor; and for other purposes.
Referred to the Committee on General Agriculture No. 2.

HB 200. By Mr. Kent of Glascock:
A bill to be entitled an act to repeal an act approved Feb. 16, 1943 (Ga. Laws 1943, pp. 1030-1042), establishing a Board of Commissioners of Roads and Revenues for the County of Glascock; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 201. By Mr. Kent of Glascock:
A bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for the County of Glascock; and for other purposes. Referred to the Committee on Counties and County Ma~ters.

HB 202. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide for four terms each year of Baldwin Superior Court; and for other purposes.
Referred to the Committee on Special Judiciary.

l\1r. McCracken of Jefferson county, chairman of the tommittee on State of Republic, submitted the following report:

Mr. Speaker:
Your Committee on State of Republic have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:

HB 62. Do Not Pass

Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Sills of Candler county, chairman of the Committee on Counties and Comty Matters, submitted the following report:
Mr. Speaker: Your Committee on Counties and County Matters have had under consideration

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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 recommendation:

HB 118. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Pannell of Murray county, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary have had under consideration the follow-
ing bills of the House and Senate and have instructed me as chairman, to report the same back to the House with the following recommendations:
HB 88. Do -Pass
HB 89. Do Pass
HB 8. Do Pass
HB 45. Do Pass
HB 106. Do Pass
SB 7. Do Pass
SB 43. Do Pass as Amended Respectfully submitted,
Pannell of Murray, Chairman.

Mr. Thrash of Coffee county, chairman of the Committee on University System of Georgia, submitted the following report:

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

HB 80. Do Pass

Respectfully submitted,

Thrash of Coffee, Chairman.

TUESDAY, JANUARY 23, 1945

183

Mr. Bloodworth of Bibb 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 160. Do Pass

HB 157. Do Pass

HB 75. Do Pass

HB 153. Do Pass

HB 158. Do Pass

HB 168. Do Pass

HB 109. Do Pass

HB 58. Do Pass

HB 78. Do Pass

Respectfully submitted,
Bloodworth of Bibb, Chairman.

Mr. Price of Clarke county, chairman of the Committee on Veterans Affairs, submitted the following report:

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

HB 39. Do Pass

HB 57. Do Pass

HB 72. Do Pass

HB 73. Do Pass

Respectfully submitted,

Price of Clarke, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Pittman of Bartow county, chairman of the Committee on Constitutional Amendments No. 1, submitted the following report:

Mr. Speaker:
Your Committee on Constitutional Amendments No. 1 have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:

HB 81. Do Pass

Respectfully submitted,
Pittman of Bartow, Chairman.

By unanimous consent, the following bills of the House and Senate were favorably reported, and read the second time:
HB 8. By Messrs. Durden and Sapp of Dougherty, Harris of Richmond, Twitty and Hand of Mitchell, Gowen of Glynn and Smith of Emanuel:
A bill to be entitled an act fixing the salary of the deputy clerk of the Court of Appeals; and for other purposes.

HB 39. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph, Connell of Lowndes, Hardy of Hall, Hand of Mitchell, Durden of Dougherty and Ray of Warren:
A bill to be entitled an act to provide a fund to assist in the education of orphans of members of the armed forces killed in action in World War II ; and for other purposes.

HB 45. By Messrs. Sapp and Durden of Dougherty:
A bill to be entitled an act to amend Section 71-102 of the Code of 1933 by providing that persons eighteen years of age may be appointed notaries public; and for other purposes.

HB 57. By Messrs. Durden of Dougherty and McCracken of Jefferson:
A bill to be entitled an act fixing the salary of the director of the Veterans' Service Office at $6,000.00; and for other purposes.

HB 58. By Mr. Seagraves of Madison:
A bill to be entitled an act to amend the charter of the City of Comer to provide that mayor and council shall have authority to regulate the streets for business purposes; and for other purposes.

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185

HB. 60. By Messrs. Durden of Dougherty and McCracken of Jefferson:
A bill to be entitled an act to provide that the director hearing cases under the Workmen's Compensation Act shall not sit on the full board on appeal of cases heard by him; and for other purposes.

HB 72. By Mr. Price of Clarke:
A bill to be entitled an act to create a War Veterans' Memorial Building Commission; to provide the powers and duties of such commission; and for other purposes.

HB 73. By Mr. Price of Clarke:
A bill to be entitled an act to create the Servicemen's Resettlement Corporation; to authorize the issuance of revenue bonds of the corporation, making such bonds legal" investments and exempt from taxation; and for other purposes.

HB 75. By Mr. Sills of Candler:
A bill to be entitled an act to fix the salary of the mayor and councilmen of the City of Metter; and for other purposes.
HB 78. By Mr. Barwick of Grady:
A bill to be entitled an act to amend the charter of the City of Cairo to provide a city manager form of government; and for other purposes.
HB 80. By Messrs. Thrash of Coffee, McCracken of Jefferson, Arnall of Coweta, Ray of Warren, Sapp of Dougherty and Cheek of Franklin:
A bill to be entitled an act to provide for the redemption of bonds by the state, known as the land scrip fund, now held by the regents of the university system; and for other purposes.
HB 81. By Messrs Hicks and Littlejohn of Floyd:
A bill to be entitled an act to amend Article 2, Section 1, of the constitution by providing that the Commissioners of Roads and Revenues of Floyd county may establish water and sewerage systems; and for other purposes.

HB 88. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to increase the salary of the solicitor general of the Chattahoochee Circuit; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 89. By Mr. Holleman of Muscogee:
A bill to be entitled an act to provide that judges of superior courts in counties having a city of more than 30,000 population may appoint a secretary; and for other purposes.

HB 106. By Mr. McCracken of Jefferson:
A bill to be entitled an act to provide that judges of the Court of Appeals may administer oaths to members of the General Assembly; and for other purposes.

HB 109. By Messrs. Hubert, Broom and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur by fixing the date for the election of members of the Board of Tax Assessors; and for other purposes.

HB 118. By Mr. Seagraves of Madison:
A bill to be entitled an act to fix the salary of the clerk of the Commissioner of Roads and Revenues, and of the commissioner of Madison County; and for other purposes.

HB 153. By Mr. Moye of Randolph:
A bill. to be entitled an act to amend the charter of the City of Cuthbert to provide for zoning ordinances; and for other purposes.

HB 157. By Mr. Brooks of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton to provide for a civil service commission for city employees and for a retirement fund; and for other purposes.

HB 158. By Mr. Ray of Warren:
A bill to be entitled an act to amend the charter of the City of Norwood relating to the election of mayor and councilmen; and for other purposes.

HB 168. By Messrs. Lane and Livingston of Polk:
A bill to be entitled an act to amend the charter of the City of Cedartown by providing for zoning ordinances; and for other purposes.

SB 7. By Senator Millican of the 52nd: A bill to be entitled an act to regulate the sale of second hand watches by

TUESDAY, JANUARY 23, 1945

187

requiring all dealers of second hand watches to tag the same as "second hand"; and for other purposes.

SB 43. By Senator Welsch of the 39th:
A bill to be entitled an act to provide deputy sheriffs of Cobb county shall be paid $2.00 per day for attendance upon courts and elections; and for other purposes.
By unanimous consent the following bills of the Senate were read the first time and referred to the committees:

SB 36. By Senator Wellborn of the 40th and others:
A bill to provide that sheriffs of this state shall be paid the sum of fifty cents for serving each juror, grand or traverse, drawn to serve at any term of any city or superior court;, and for other purposes.
Referred to the Committee on Special Judiciary.

SB 44. By Senator Harrell of the 7th and others:
A bill to amend Code Section 22-1504 by providing that foreign corporation may own mineral rights, minerals, oil or gas on or under more than 5,000 acres of land without incorporating under the Georgia law; and for other purposes.
Referred to the Committee on General Judiciary No. 2.
Mr. Durden of Dougherty moved that the House reconsider its action m failing to pass the following bill of the House, to wit:

HB 57. By Messrs. Durden of Dougherty and McCracken of Jefferson:
A bill to be entitled an act fixing the salary of the Director of the Veterans' Service Office at $6,000.00; and for other purposes.
On the motion to reconsider, the ayes were 87, the nays 82, and the motion prevailed.

HB 56 was ordered placed in its appropriate place on the calendar.
Mr. Lovett of Laurens arose on the point of personal privilege and addressed the House.
The Speaker presented the following distinguished visitors to the House: Hon. Ed Almand, Jr., Mayor of the City of Monroe; Hon. J ule Seiple, Sheriff of Chat-

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JOURNAL OF THE HOUSE,

ham County; Messrs. Houlahan and Fulton, of the Chatham County Board of Commissioners; Hon. David S. Atkinson, former Senator and member of the House, now judge of the Chatham Superior Court.
Under the provisions of HR 26, the Speaker appointed as a committee of escort on the part of the House the following members of the House: Messrs. Kenimer of Harris, Nicholson of Oconee and Swint of Spalding.
Mr. Wells of Ben Hill 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 11. HB 16. HB 19. HB 25. HB 102. HR 7. HR 15. HR 26.

Respectfully submitted,

Wells of Ben Hill, Chairman.

The following messages were received from the Senate through 1\!lrs. Nevin, the Secretary thereof:

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

HR 26. By Mr. Durden of Dougherty:
A resolution by the House, the Senate concurring, convening the General Assembly in joint session at 12:00 o'clock noon Jan. 23, 1945, for the purpose of hearing a message from His Excellency, the Governor.

TUESDAY, JANUARY 23, 1945

189

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

HB 7. By Messrs. Twitty and Hand of Mitchell:
A bill to be entitled an act to amend an act to create a new charter for the City of Camilla; and for other purposes.

HB 13. By Messrs. Battles and Miller of Decatur:
A bill to be entitled an act to fix the salaries of the Solicitor and Judge of the City Court of Bainbridge at $3,000.00 per annum each; and for other purposes.
HB 14. By Mr. Sills of Candler:
A bill to be entitled an act to authorize and direct the Ordinary or other proper officials having control of the finances of the counties in the State of Georgia having a population of not more than nine thousand one hundred and ten (9,110), nor less than nine thousand one hundred (9,100), according to the Federal Census of 1940 and all other future census, to provide for compensation for the sheriffs of said counties in addition to the fees and compensation now paid to said sheriffs; and for other purposes.
HB 15. By Mr. Sills of Candler:
A bill to be entitled an act to amend an act approved August 20, 1925, Georgia Laws 1925, pages 584-586, creating the offices of Tax Commissioner of Candler county by changing the compensation by allowing fees allowed by law for Tax Receivers; and for other purposes.
HB 17. By Messrs. Connerat and McNall of Chatham:
A bill to be entitled an act to amend an act which created and organized the Commissioners of Chatham County, who shall be ex-officio judges, to define their jurisdiction and duties; and for other purposes.
HB 20. By Mr. Almand of Walton:
A bill to be entitled "an act to create a Board of Commissioners of Roads and Revenues for the County of Walton, providing for their election; and for other purposes.
HB 29. By Mr. Moye of Randolph:
A bill to be entitled an act to amend an act approved August 15, 1910, Ga. Laws 1910, pp. 526-576, and all amendatory acts thereto, entitled an

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JOURNAL OF THE HOUSE,

act to create and incorporate the City of Cuthbert; in lieu of the mayor and council of Cuthbert; to establish a system of public schools in th~ City of Cuthbert; and to provide for the maintenance and support of same; etc.; and for other purposes.

HB 31. By Mr. Matthews of Peach:
A bill to be entitled an act to fix the salary of the Treasurer of Peach county; and for other purposes.

HB 37. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to amend the charter of the City of Waycross as approved August 16, 1922, and the several subsequent acts amendatory thereto; replacing all laws and acts in conflict herewith; and for other purposes.

HB 49. By Mr. Hollis of Chattahoochee:
A bill to be entitled an act to amend "an act to repeal an act approved August 6, 1913 (Ga. Laws 1913, pages 353-357), and all acts amendatory thereof, creating a Board of Commissioners of Roads and Revenues for the County of Chattahoochee; and for other purposes.

HB 50. By Mr. Hogg of Marion:
A bill to be entitled an act to amend "an act to consolidate the office of Tax Receiver and Tax Collector in the County of Marion; and for other purposes.

HB 59. By Messrs. Brock and Alexander of Carroll:
A bill to be entitled an act to provide for a chairman of the Commissioners of Roads and Revenues of Carroll county; and for other purposes.
Mr. Kent of Glascock county, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committe!' 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 6. HB 26. HB 27.

HB 28. HB 42. HB 43. HB 44.
HB 53.

TUESDAY, JANUARY 23, 1945

191

Respectfully submitted,

Kent of Glascock, Chairman.

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 33: A bill to be entitled an act to amend an act of the General Assembly approved January 28, 1938 (Georgia Laws 1937-8, pp. 214 et seq.), so as to provide for the reviver of charters; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were III, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 47. By Dr. Moye of Brooks: A bill to he entitled an act to provide that voters in Brooks county living within municipality maintaining an independent school system shall not be eligible to vote for county school superintendents; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, 'vas 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 52. By Messrs. Smith of Emanuel, Ray of Warren, Hand of Mitchell, Hooks of Emanuel, Dykes of Bleckley, Moye of Randolph, Oliver of Tattnall, Williams of Toombs and Price and Hill of Clarke:
A bill to be entitled an act to provide there shall be no closed season for fishing in the fresh water streams of this State; and for other purposes.

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JOURNAL OF THE HOUSE,

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 the Honorable Spence Grayson, President Pro Tern. 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 addressed the members of the General Assembly on urgent and important matters pending in the Legislature dealing with veteran affairs and postwar development.
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.
Mr. Durden of Dougherty moved that the House do now adjourn, and the motion prevailed.
The Speaker announced that the House stands adjourned until tomorrow morning at 10:00 o'clock and HB 52 went over as unfinished business.

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193

Representative Hall, Atlanta, Georgia. Wednesday, January 24, 1945.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., and was called to order by order of the Speaker and opened with scripture reading and prayer by Rev. Charles Stewart, pastor of the Glennville First Baptist Church, Glennville, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, 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 of bills and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Third reading and passage of uncontested local bills.
6. First reading and reference of Senate bills.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read for the first time, and referred to the committees:

HB 203. By Mr. Manous of Cherokee:
A bill to be entitled an act to fix the salary of the clerk of the Board of County Commissioners of Cherokee county; and for other purposes. Referred to the Committee on Counties and County Matters.

HB 204. By Messrs. Harris of Richmond and Gowen of Glynn:
A bill to be entitled an act to amend the unemployment compensation act, to exempt certain commissioned agents of common carriers; and for other purposes.
Referred to the Committee on Ways and Means.

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JOURNAL OF THE HOUSE,

HB 205. By Mr. Greer of Lanier: A bill to be entitled an act to provide for four terms each year of Lanier Superior Court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 206. By Messrs. Weaver and Bloodworth of Bibb and Gowen of Glynn:
A bill to be entitled an act to amend Code Section 37-607 by providing that sale of realty under a power of sale in a deed, mortgage or other instrument securing a debt must be approved by the judge of the Superior Court; and for other purposes.
Referred to the Committee on General Judiciary No. 2.
HB 207. By Messrs. Harris of Richmond, Durden and Sapp of Dougherty, Hand of Mitchell and Gowen of Glynn:
A bill to be entitled an act to provide for the marking of graves of soldiers of the Confederacy buried in Georgia; and for other purposes.
Referred to the Committee on Public Property.

HB 208. By Messrs. Connell and Cowart of Lowndes, Willoughby of Clinch and Gowen of Glynn:
A bill to be entitled an act to prevent the adulturation of spirits of turpentine and naval stores and to provide for the appointment and duties of the supervising inspector of naval stores; and for other purposes.
Referred to the Committee on General Agriculture No. 2.

HB 209. By Mr. Pittman of Tift:
A bill to be entitled an act to amend the charter of the City of Tifton by providing the levy of an additional tax for school purposes; and for other purposes.
Referred to the Committee on Municipal Government.

HB 210. By Messrs. Mason of Morgan, Nicholson of Oconee and Smith of Oglethorpe:
A bill to be entitled an act to provide insurance companies shall pay the full amount stated in the policy where there is a total loss of the property insured and provide the method of valuation of property; and for other purposes.
Referred to the Committee on Insurance.

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195

HB 211. By Mr. Harrison of Jenkins:
A bill to be entitled an act to provide that the State Board of Health may provide safe and sanitary disposal of human excreta in unsewered areas; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 212. By Mr. 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 restrict such seven-year limitation to instruments covering personal property only; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 213. By Mr. Gibson of Seminole:
A bill to be entitled an act to authorize citizens of Seminole county to fish in Spring Creek without obtaining a license; and for other purposes.
Referred to the Committee on Game and Fish.

HB 214. By Mr. Gibson of Seminole:
A bill to be entitled an act to provide five district trustees for the Spring Creek Consolidated School District of Seminole county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 215. By Messrs. Harris of Richmond, Glisson of Evans, Hooks of Emanuel, Dykes of Blakely, Moye of Randolph and Bargeron of Burke:
A bill to be entitled an act to provide for the registration of dealers of planting seed and provide penalties and method of sale and fees for inspection; and for other purposes.
Referred to the Committee on General Agriculture No. 1.

HB 216. By Mr. Key of Jasper:
A bill to be entitled an act to amend the Workmen's Compensation Act to include the disease known as silicosis within the terms of injury; and for other purposes.
Referred to the Committee on Industrial Relations.

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JOURNAL OF THE HOUSE,

HB 217. By Mr. Bloodworth of Houston: A bill to be entitled an act to change the time for the holding of the Superior Court of Houston county; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 218. By Mr. Gibson of Seminole:
A bill to be entitled an act to provide a new registration book for voters m Seminole county and to require all persons to re-register before January 1st, 1946; and for other purposes.
Referred to the Committee on Privileges and Elections.

HB 219. By Mr. Lewis of Hancock:
A bill to be entitled an act to repeal Code Section 40-205 which authorizes the Governor to suspend the collection of taxes; and for other purposes. Referred to the Committee on State of Republic.

HB 220. By Messr!! Williams of Jones, Lovett of Laurens, Lewis of Hancock, and Hogg of Marion:
A bill to be entitled an act to provide that the Attorney-General shall determine and appoint the number of assistant Attorney-Generals who deem necessary without the' approval of the Governor; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 221. By Meessrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick to provide that employees of the Brunswick-St. Simons Highway shall be included in the pension system of the city; and for other purposes.
Referred to the Committee on Municipal Governments.

HB 222. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend Article VII, Section VI, Paragraph II of the Constitution to provide a civil service and pension system for employees of Glynn County; and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

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197

HB 223. By Mr. Ray of Warren: A bill to be entitled an act to change the time for holding Warren Superior Court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 224. By Messrs. Rossee of Putnam, Hubert, McCurdy and Broome of DeKalb, Harrison of Jenkins, -Arnall of Coweta, Phillips of Columbia and Gowen of Glynn:
A bill to be entitled an act to amend the act creating the Milk Control Board and to extend the life of the board to January 1, 1951 ; and for other purposes.
Referred to the Committee on General Agriculture No. 1.

HB 225. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend Code Section 38-1801 to provide that either party in a civil action may call the opposite party for the purpose of cross-examination with the privilege of impeachment, as if the witness had testified in his own behalf; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 226. By Messrs. Price of Clarke, Harrison of Jenkins, Bloodworth and Weaver of Bibb:
A bill to be entitled an act to provide an integrated State Department of Veteran Service; to provide for the appointment of members thereof, and for a director; and for other purposes.
Referred to the Committee on Veteran Affairs.

HB 227. By Messrs. P'ittman and Pettit of Bartow:
A bill to be entitled an act to make it unlawful for any Ordinary of any county to prepare and file any application or petition or other pleading or paper in connection with the appointment of administrators of the state; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 228. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide a pension system for employees of the State of Georgia; and for other purposes.
Referred to the Committee on Public Welfare.

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JOURNAL OF THE HOUSE,

HB 229. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide a merit system for employees of the state, county and city-county departments of public health; and for other purposes.
Referred to the Committee on Public Welfare.

HB 230. By Mr. Harrison of Jenkins:
A bill to be entitled an act to require the State Board of Education to elect a full-time director of education on the evils of alcohol; and for other purposes.
Referred to the Committee on Temperance.

HR 28-224A. By Messrs. Gowen and Gilbert of Glynn, Alexander and Connerat and McNall of Chatham:
A resolution to create a committee of ten members of the House and five of the Senate to inspect the Alabama State Docks at Mobile and report to the General Assembly whether this state should undertake to establish a system of state-owned docks; and for other purposes.
Referred to the Committee on State of Republic.

HR 29-225A. By Messrs. Gowen and Gilbert of Glynn:
A resolution ratifying and confirming the order of Governor Arnall pertaining to the collection of a tax of one-eighth of one cent per pound on edible crab meat; and for other purposes.
Referred to the Committee on Game and Fish.

HR 30-225B. By Messrs. Thrash of Coffee, Hatchett and Thompson of Meriwether, and Fortson of Wilkes:
A resolution repealing a resolution adopted at the extraordinary session of 1944 to the effect that two members of the State Prison Board should not be employed by the Department of Corrections; and for other purposes.
Referred to the Committee on Penitentiary.

HR 31-226a. By Messrs. Gowen of Glynn, Hand of Mitchell, Hooks of Emanuel, Connell of Lowndes, and Hubert and McCurdy of DeKalb:
A resolution providing that a committee composed of the same members be re-named to work with the Milk Control Board in securing a con-

WEDNESDAY, JANUARY 24, 1945

199

tinuance of the payment of subsidy by the federal government to milk producers; and for other purposes.
Referred to the Committee on General Agriculture No. 1.

HB 231. By Me~srs. McNall of Chatham and Watford of Long: A bill to be entitled an act to require common carriers by railroad to equip their trainmen with electric hand lanterns; and for other purpos~s.
Referred to Committee on Railroads.

HB 232. By Mr. Matthews of Peach:
A bill to be entitled an act to amend Code Section 24-3406 to require a deposit of $10.00 as cost upon the filing of all divorce suits; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 233. By Messrs. Durden of Dougherty, Phillips of Columbia, Harrison of Jenkins and McCracken of Jefferson:
A bill to be entitled an Act to make it unlawful for any building and loan association, bank or other lending agency, to require a borrower to cancel any insurance on property offered as collateral; and for other purposes.
Referred to the Committee on Insurance.

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 35. Do Pass as Amended

HB 6. Do Pass

HB 120. Do Pass

HB 51. Do P'ass

Respectfully submitted,

Hicks of Floyd, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Arnall of Coweta county, chairman of the Committee on Ways and Means, submitted the following report:

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

HB 10. Do Pass
HB 121. Do Pass HB 161. Do Pass HB 162. Do Pass HB 163. Do Pass HB 164. Do Pass HB 170. Do Pass

Respectfully submitted,

Arnall of Coweta, Chairman.

Mr. Cheshire of Colquitt county, chairman of the Committee on Public Welfare, submitted the following report:

Mr. Speaker:
Your Committee on Public Welfare have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:

HB 12. Do Pass

Respectfully submitted,
Cheshire of Colquitt, Chairman.

Mr. Swint of Spalding county, chairman of the Committee on General Agricul:ure No. 2, submitted the following report:
Mr. Speaker: Your Committee on General Agriculture No. 2 have had under consideration

WEDNESDAY, JANUARY 24, 1945

201

the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:

HB 133. Do Pass

Respectfully submitted,

Swint of Spalding, Chairman.

Mr. Mason of Morgan county, chairman of the Committee on Agriculture No. 1, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture No. 1 have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:

HB 96. Do Pass

Respectfully submitted,
Malone of Laurens, Chairman.

Mr. Lewis of Hancock 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 79. Do Pass HB 117. Do Pass HB 138. Do Pass

Respectfully submitted,

Lewis of Hancock, Chairman.

Mr. Broome of DeKalb 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

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JOURNAL OF THE HOUSE,

resolution of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:

SR 5. Do Pass

Respectfully submitted,
Broome of DeKalb, Chairman.

Mr. Young of Muscogee 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 have instructed me as chairman, to report the same back to the House with the following recommendations:

H B 36. Do Pass HB 91. Do Pass

Respectfully submitted,
Young of M uscogee, 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 of the House and have instructed me as chairman, to report the same back to the House with the following recommendations:
HB 86. Do Not Pass
HB 108. Do Not Pass Respectfully submitted, Adams of Wheeler, Chairman.
Mr. Key of Jasper county, chairman of the Committee on Public Property, submitted the following report:

WEDNESDAY, JANUARY 24, 1945

203

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 134. Do Pass HR 24-114c. Do Pass
Respectfully submitted,

Key of Jasper, Chairman.

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

HB 6. By Messrs. Gowen of Glynn, Durden of Dougherty, Lewis of Hancock, Key of Jasper, Hicks of Floyd, Hubert and Broome of DeKalb, Alexander of Chatham and Mrs. Mankin of Fulton:
A bill to be entitled an act to create a public corporation to be known as "The Georgia Bar"; and for other purposes.

HB 10. By Mr. Fortson of Wilkes:
A bill to be entitled an act to repeal Section 92-108 of the Annotated Code of 1933, which levies a poll tax of $1 on all persons in the State between the ages of 21 years and 60 years; and for other purposes.

HB 12. By Messrs. Weaver, Bloodworth and Wilson of Bibb and Bloodworth of Houston:
A bill to be entitled an act to amend the act of the General Assembly approved March 27, 1941 (Georgia Laws 1941, page 300, et seq), as amended by act approved March 20, 1943 (Georgia Laws 1943, pages 420 and 421), by providing the adopting parents of a child adopted prior to said act of 1941 may obtain birth certificate for such child in the same manner as provided in the act; and for other purposes.

HB 35. By Messrs. Gowen of Glynn, Harris of Richmond, Connell of Lowndes, Hand of Mitchell, Ray of Warren, Smith of Emanuel, Key of Jasper, Cheshire of Colquitt and Evitt of Catoosa.
A bill to be entitled an act to provide for the retirement of Superior Court judges; and for other purposes.

204

JOURNAL OF TH~ HOUSE,

HB 36. By Messrs. Twitty and Hand of Mitchell, Durden and Sapp of Dougherty, Miller of Decatur and Marion Ennis of Baldwin:
A bill to be entitled an act to authorize the State Board of Education to set up and operate area trade, vocational and industrial schools; :!,nd for other purposes.

HB 51. By Messrs. Connell of Lowndes and Gowen of Glynn:
A bill to be entitled an act to prescribe certain terms and conditions upon which foreign corporations may do business in Georgia; to provide for filing of copy of charter with the Secretary of State; and for other purposes.

HB 79. By Mr. Lewis of Hancock:
A bill to be entitled an act to provide if no quorum of the Supreme Court are in attendances the justices in attendance may adjourn to a time agreed upon; and for other purposes.

HB 91. By Messrs. Young, Shields and Holleman of Muscogee:
A bill to be entitled an act to provide for compulsory school attendance of pupils between seven and sixteen years of age, to define the authority and duties of attendance officers; and for other purposes.

HB 96. By Messrs. Harris of Richmond, Boynton of Union and Sparks of Towns:
A bill to be entitled an act to provide for reciprocation between the different states with the State of Georgia in transporting or selling farm products or products of orchards and groves within the boundary of the State of Georgia; and for other purposes.

HB 117. By Messrs. Harris of Richmond and Greer of Lanier:
A bill to be entitled an act to provide that county officers may be sued only in the county of their residence for the breach of any official duty; and for other purposes.

HB 120. By Messrs. Pannell of Murray, Kenimer of Harris, Odom of Baker, and Evitt of Catoosa:
A bill to be entitled an act to fix the age of legal majority in this state at eighteen years; and for other purposes.

HB 121. By Messrs. Wilson of Bibb and Bloodworth of Houston:
A bill to be entitled an act to provide an exemption for members of the armed forces from the payment of any penalties, costs, interest or other fees

WEDNESDAY, JANUARY 24, 1945

205

assessed for failure to return real or personal property or to pay the tax on same; and for other purposes.

HB 133. By Messrs. Dykes of Bleckley, Smith and Hooks of Emanuel, Glisson of Evans, Moye of Randolph, Ray of Warren, Sapp of Dougherty, Harrison of Wayne, Watford of Long, Williams of Toombs, Roughton and Jackson of Washington, Smith of Bryan, Barwick of Grady, Giddens of Calhoun, and Mrs. Guerry of Macon:
A bill to be entitled an act to authorize the Governor to purchase land and equipment to establish a live stock experiment station and to provide for the sale of the increase of livestock; and for other purposes.

HB 134. By Messrs. Key of Jasper, Harris, Holley and King of Richmond:
A bill to be entitled an act to authorize the State Board of Social Security to purchase land adjacent to or near lands already under the control of said board; and for other purposes.

HB 138. By Messrs. Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend Code Section 24-3348 to provide that the court may relieve a prochein-ami from making a bond whether recovery does not exceed $500.00; and for other purposes.
HB 161. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to amend the homestead exemption law by providing for the filing of application for exemption on April 1st instead of May 1st; and for other purposes.

HB 162. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to provide applications for exemptions on the household and kitchen furniture must be filed by April 1st instead of May 1st; and for other purposes.
HB 163. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to provide for the filing of tax returns from January 1st to April 1st instead of February 1st to May 1st; and for other purposes.
HB 164. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb and McCracken of Jefferson:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to provide that county boards of tax assessors shall complete their provision of return of tax papers by June lst instead of July 1st and file a copy with the State Revenue Commissioner instead of the Comptroller General; and for other purposes.

HB 170. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to provide that tax receivers shall present tax returns to county boards of tax assessors by April lOth of each year; and for other purposes.

HR 24-ll4c. By Messrs. Gilbert and Gowen of Glynn:
A resolution to confirm the sale by the State Properties Commission to Sea Island Company of a tract of marsh land in Glynn county; and for other purposes.

SR 5. By Senator Gould of the 4th:
A resolution memorializing the Congress of the United States on the post-' war military establishment and the status of the National Guard.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:

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

SB 13. By Senators Freeman of the 22nd, Harrell of the 7th, and others:
A bill to be entitled an act to authorize the superior courts of this State to render declaratory judgments; and for other purposes.

SB 14. By Senators Gross of the 31st, Grayson of the lst, and others:
A bill to be entitled an act to provide for the prompt filing of acts of the General Assembly with the clerk of the superior courts; and for other purposes.

The Senate has passed by substitute by the requisite constitutional majority the following bill of the House to wit:
HB 38. By Messrs. Price of Clarke, Harris of Richmond, and others:

WEDNESDAY, JANUARY 24, 1945

207

A bill to be entitled an act to amend an act approved August 19, 1919, revising the school laws so as to provide that veterans of World War II may be admitted to the public schools of this state without charge; and for other purposes.

Mr. Speaker:
The Senate has passed by the requiSite constitutional majority the following bill and resolution of the Senate to wit:

SR 13. By Senators Hawes of the 30th and Hill of the 36th:
A resolution inviting Honorable J. Knox Gholston to appear before a joint session of the Senate and House to address such bodies; and for other purposes.

SB 55. By Senator Yawn of the 48th:
A bill to be entitled an act to amend an act entitled an act creating the office of Commissioner of Roads and Revenues in and for Dodge county, providing the methods of the election of such officer; and for other purposes.

The following resolution of the House was read and adopted:

HR 32. By Messrs. Hatchett and Thompson of Meriwether and Etheridge of Butts:
A resolution thanking the Chatham county delegation for their generous entertainment for the members of the General Assembly at the Ansley Hotel on January 23, 1945.
The Speaker recognized the presence in the gallery of the 7th grade of the Hooper Alexander School of DeKalb county.
By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 58. By Mr. Seagraves of Madison:
A bill to be entitled an act to amend the charter of the City of Comer, to provide that mayor and council shall have authority to regulate the streets for business purposes; and for other purposes.
The report 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.

208

JOURNAL OF THE HOUSE,

The hill having received the requisite constitutional majority was passed. HB 75. By Mr. Sills of Candler:
A hill to he entitled an act to fix the salary of the mayor and councilmen of the City of Metter; and for other purposes.

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

On the passage of the hill, the ayes were 104, the nays 0.

The bill having received the requisite constitutional majority was passed.

HB 78. By Mr. Barwick: of Grady: A hill to he entitled an act to amend the charter of the City of Cairo, to provide a city manager form of government; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 109. By Messrs. Hubert, Broome and McCurdy of DeKalb: A hill to be entitled an act to amend the charter of the City of Decatur by fixing the date for the election of members of the Board of Tax Assessors; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 118. By Mr. Seagraves of Madison:
A bill to he entitled an act to fix the salary of the clerk: of the Commissioner of Roads and Revenues, and of the commissioner of Madison county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 107, the nays 0.

WEDNESDAY, JANUARY 24, 1945

209

The bill having received the requisite constitutional majority was passed.

HB 153. By Mr. Moye of Randolph: A bill to be entitled an act to amend the charter of the City of Cuthbert to provide for zoning ordinances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 157. By Mr. Brooks of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton to provide for a Civil Service Commission for city employees and for a retirement fund; and for other purposes.
The report of the committee, which was fa~orable 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 158. By Mr. Ray of Warren: A bill to be entitled an act to amend the charter of the City of Norwood relating to the election of mayor and councilmen; and for other purposes.
The report 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 160. By Mr, Almand of Walton: A bill to be entitled an act to amend the charter of the City of Social Circle by increasing the tax levy for school purposes; and for other purposes.
The report 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.

210

JOURNAL OF THE HOUSE,

HB 168. By Messrs. Lane and Livingston of Polk:
A bill to be entitled an act to amend the charter of the City of Cedartown by providing for zoning ordinances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 113, the nays 0.

The bill having received the constitutional majority was passed.

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

SB 13. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st:
A bill to be entitled an act to authorize the Superior Courts of this State to render declaratory judgments; to declare the effect thereof; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

SB 14. By Senators Gross of the 31st, Grayson of the 1st, Harrell of the 7th and Freeman of the 22nd: A bill to be entitled an act to provide that the Secretary of State shall file with the clerks of the Superior Courts within the ten days after approval; and for other purposes.
Referred to the Committee on General Judiciary No. 2.
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 52. By Messrs. Smith of Emanuel, Ray of Warren, Hand of Mitchell, Hooks of Emanuel, Dykes of Bleckley, Moye of Randolph, Oliver of Tattnall, Williams of Toombs and Price and Hill of Clarke:
A bill to be entitled an act to provide there shall be no closed season for fishing in the fresh water streams of this State; and for other purposes.
Mr. Hardy of Hall moved that HB 52 be tabled.
Mr. Fowler of Douglas moved the ayes and nays, on the motion to table and the motion was lost.
On the motion to table, the ayes were 14, the nays 125, and the motion was lost.

WEDNESDAY, JANUARY 24, 1945

211

The main question was ordered.
The following amendments were read and adopted:
Mr. Harrison of Jenkins moved to amend HB 52 by excluding Jenkins county from the effect of this bill.
Messrs. O'Sheal and Sumner of Worth moved to amend HB 52 by striking out the County of Worth.
Mr. Mullinax of Gilmer moved to amend HB 52 so as to exempt Gilmer county from the operation of the same.
Messrs. Boynton of Union and Sparks of Towns moved to amend HB 52 by adding at the end of Section 1 the following:
"Provided, however, nothing in this act shall apply to the following counties to wit: Union, Towns, Habersham, Rabun, Lumpkin, White, Dawson and Hall."
Mr. Thompson of Meriwether moved to amend HB 52 by providing that the bill shall not apply to Meriwether county.

The following minority report was read:
w,, the minority members of the Game and Fish Committee request that this
( HB 52) be rejected by the House of Representatives, for the following reasons:
l. It is contrary to the wishes of the Game and Fish Commission.
2. It will be detrimental to fishing in the fresh water streams of Georgia.
3. It will practically nullify the efforts of the Game and Fish Commission to improve fishing in Georgie streams.
4. It will shake the confidence of the people of Georgia is our Game and Fish Commission.
The minority members believe that this body should stand behind and assist in every way possible the work of our Game and Fish Commission and should pass nothing that would undermine its effective work.
Therefore, consideration should ,be given to the fact that the Commission is in its infancy and should be given sufficient time to demonstrate to the people of Georgia that it is worthy of their support.
(Signed) Charles L. Hardy of Hall, Bloodworth of Bibb, Pettit of Bartow, Fowler of Douglas.

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The report of the committee, which was favorable to the passage of the hill, as amended, was agreed to.
On the passage of the hill, as amended, the ayes were 78, the nays 70.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Smith of Emanuel gave notice that at the proper time he would move thtt the House reconsider its action on failing to pass HB 52.
Mr. Fowler of Douglas asked that he be recorded as voting against HB 52.

Mr. Kent of Glascock 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 hills of the House to wit:

HB 14. HB 15.

Respectfully submitted,

Kent of Glascock, Chairman.

Mr. Wells of Ben Hill 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 resolution and hills of the House to wit:
HB 33.
HB 47. HB 75. HB 78. HB 109.
HB 118.
HB 158.

HB 160. HR 27.

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213

Respectfully submitted,
Wells of Ben Hill, Chairman.

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

HR 10-19b. By Messrs. Gowen and Gilbert of Glynn:
A resolution providing for the payment of traveling expenses to Superior Court judges; and for other purposes.
Mr. Gowen of Glynn offered the following substitute for HR 10-19b, which was read and adopted:

A RESOLUTION
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, the Senate concurring, that on and after the first day of the month following the passage of this resolution, the judges of the Superior Courts of this State shall be entitled to receive, in addition to the compensation now provided by law, reimbursement of travel expense incurred when attending any court in his judicial circuit other than the court in the county of the residence of such judge, or when any judge is required to be in any county in his circuit other than the county of his residence in the discharge of any judicial duty or function, required by law, pertaining to the Superior Court of such county.
The expense provided for herein shall be paid for the following purposes and in the following manner:
1. Five cents per mile shall be allowed .for transportation to and from a county outside the residence of such judge, if same is by privately owned motor vehicle.
2. Actual cost of transportation shall be allowed to and from a county outside of the residence of such judge, if same is by public conveyance.
3. Actual cost of meals and lodging for self, shall be allowed if incurred in a county outside of the residence of such judge.
4. The several judges of the Superior Courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this resolution to the State Auditor, and the State Auditor is hereby directed to audit each account and approve same for payment, if found correct, and to transmit the total

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amount to the State Treasurer for payment from the funds available for the operation of the Superior Courts of this State.

A minority report against the passage of HR 10-19b was filed by Dr. Smith of Bryan.

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 115, the nays 13.
The resolution having received the requisite constitutional majority was adopted by substitute.

SB 2. By Senators Millican of the 52nd, Gross of the 31st, Harrell of the 7th and Freeman of the 22nd:
A bill to be entitled an act to amend an act entitled an act to create a Department of Public Safety for Georgia, etc., approved March 19, 1937 Georgia Laws 1937, pages 322-356), so as to reduce the minimum and maximum age limits of eligibility for appointment as an officer or trooper of the uniform division of the Department of Public Safety, 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 129, the nays 0.
The bill having received the requisite constitution m'ajority was passed.

SB 3. By Senators Millican of the 52nd, Gross of the 31st, Grayson of the 1st and Causey of the 46th:
A bill to be entitled an act to authorize and empower the State of Georgia acting by and through the Governor, the State Auditor, and Attorney General to take or damage by condemnation private property for public purposes of the state; and for other purposes.
The following amendment was read and adopted:
Mr. Bloodworth of Bibb moves to amend SB 3 by inserting in line four (4) of Section one ( 1) and between the words "upon and paying" the following
word "first", so that said fourth and fifth line shall read as follows:
"private property for public purposes of the State of Georgia upon first paying or tendering to the owner thereof just compensation."
The report of the committee which was favorable to the passage of the bill was agreed to, as amended.

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215

On the passage of the bill, as amended, the ayes were 140, the nays 1. The bill having received the requisite constitutional majority was passed.

SB 6. By Senators Millican of the 52nd, Sabados of the lOth, Smith of the 24th, Grayson of the 1st and Gross of the 31st:
A bill to be entitled an act approved February 16th, 1943, relating to holidays by providing that the fourth Thursday in November shall be Thanksgiving Day; and for other purposes.
The following substitute to SB 6 was read and adopted: Mr. Arnold of Spalding offers the following substitute to SB 6:

A BILL
To be entitled an act to amend an act entitled "an act to declare certain days as public and legal holidays; to declare certain days as religious holidays; to declare certain acts and deeds occurring on public and legal holidays as not void; to declare certain acts and deeds occurring on religious holidays as void; to repeal Section 14-1808 of the Georgia Code, as amended in 1935, concerning holidays; to amend Section 14-105 of the Georgia Code, concerning computation of time with negotiable instruments become due; to amend Section 14-716 of the Georgia Code, concerning maturity of negotiable instruments and days of grace; to repeal other laws that conflict herewith; and for other purposes."
which Act is found in the Laws of Georgia 1943, commencing at page 331, by repealing Section 1 thereof concerning holidays and by repealing Section 3 thereof declaring certain acts and deeds occurring on public and legal holidays as not void and certain acts and deeds occurring on religious holidays as void; to provide that certain days shall be public or legal holidays; to repeal other 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 THE SAME:
SECTION 1. That from and after the passage of this act the following days be, and the same hereby are, declared to be public and legal holidays in Georgia: The first day of January, known as New Year's Day; the 19th day of January, known as Lee's birthday; the 22nd day of February, known as Washington's Birthday; the 26th day of April, known as Memorial Day; the 3rd day of June, known as Jefferson Davis' Birthday; the 4th of July, known as Independence Day; the first Monday in September, known as Labor Day; the 12th day of October, known as Columbus Day, the 11th day of November, known as Armistice Day; the fourth Thursday in November, known as Thanksgiving Day; and the 25th day of December, known as Christmas Day, and any day proclaimed or designated by the Governor

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of the State of Georgia or the President of the United States as a day of fasting and prayer or other religious observance, be and the same are hereby declared public and legal holidays in the State of Georgia; provided that, whenever any public or legal holiday enumerated in this section shall fall upon a Sunday, the Monday next following shall be observed as a public and legal holiday.

SECTION 2. BE IT FURTHER ENACTED that Section 1, declaring certain days as public and legal holidays, and Section 3, declaring certain acts and deeds occurring on public and legal holidays as not void and certain acts and deeds occurring on religious holidays as void, of the Laws of Georgia, commencing on page 331, concerning legal holidays and all laws and parts of laws in conflict with this act be, and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

SB 7. By Senator Millican of the 52nd:
A bill to be entitled an act to regulate the sale of second-hand watches, to require all persons engaged in buying and selling watches affix and keep affixed on all second-hand watches a tag so marked; and for other purposes.
Mr. Durden of Dougherty moved that the House do now adjourn, and the motion prevailed.
Leaves of absence were granted to Messrs. Porter of Gordon, Cates and Bargeron of Burke, and Rowland of Johnson.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, with SB 7 being carried over as unfinished business.

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217

Representative Hall, Atlanta, Georgia. Thursday, January 25, 1945.

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 scripture reading and prayer by the Chaplain.

By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, 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 favorable reporte.d
5. Third reading and passage of uncontested local bills. 6. First reading and reference of Senate bills.

Mr. Smith of Emanuel moved that the House reconsider its action on failing to pass HB 52.
On the motion to reconsider the ayes were 74, the nays 42, the motion prevailed and the bill was placed in its proper place on the calendar.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read for the first time, and referred to the committees:

HB 234. By Messrs. Bloodworth, Weaver and Wilson of Bibb, Mitchell of Monroe, Strickland of Pike and Banks of Lamar:
A bill to be entitled an act to rearrange the counties composing the 22nd, 26th, 35th and 36th Senatorial districts of the State; and for other purposes.
Referred to the Committee on Congressional Reapportionment.

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JOURNAL OF THE HOUSE,

HB 235. By Messrs. Miller and Battles of Decatur, Twitty of Mitchell and Williams and Hinson of Ware:
A bill to be entitled an act to amend Code Section 22-1504 to exempt foreign corporations from incorporating under the laws of this State, to own oil, gas, sulphur, coal, gold or other mineral rights on more than 5000 acres of land; and for other purposes.
Referred to the Committee on State of Republic.

HB 236. By Me~srs. Hatchett and Thompson of Meriwether, Trotter, Dallis and Lam of Troup:
A bill to be entitled an act to require the deposit of $20.00 upon the filing of each divorce suit in this State as cost; and for other purposes.
Referred to the Committee on General Judiciary No. l.

HB 237. By Messrs. Connell and Cowart of Lowndes: A bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes. Referred to the Committee on Counties and County Matters.
HB 238. By Messrs. Connell and Cowart of Lowndes: A bill to be entitled an act to abolish the Board of Commissioners of Roads and Revenues for the County of Lowndes; and for ether purposes. Referred to the Committee on Counties and County Matters.

HR 33-238a. By Mr. Marion Ennis of Baldwin:
A resolution to provide that the State shall lease to the First Presbyterian Church of Milledgeville additional land; and for other purposes.
Referred to the Committee on State of Republic.

Mr. Arnold of Spalding 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 folfolinw 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

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219

HB 141. Do Pass HB 142. Do Pass HB 143. Do Pass HB 144. Do Pass HB 145. Do Pass

Respectfully submitted,
Arnold of Spalding, Chairman.

Mr. Swint of Spalding county, chairman of the Committee on General Agriculture No. 2, submitted the following report:

Mr. Speaker:
Your Committee on General Agriculture No. 2 have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:

HB 169. Do Pass

Swint of Spalding, 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 194. Do Pass

HB 214. Do Pass

SB 19. Do Pass

SB 20. Do pass

Respectfully submitted,

Sills of Candler, Chairman.

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Mr. Sills of Candler county, chairman of the Committee on Comities 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 127. Do Pass as Amended HB 128. Do Pass HB 129. Do Pass as Amended HB 130. Do Pass HB 131. Do Pass HB 135. Do Pass HB 136. Do Pass HB 137. Do Pass HB 149. Do Pass HB 159. Do Pass HB 179. Do Pass HB 189. Do Pass
Respectfully submitted,

Sills of Candler, Chairman.

Mr. Lewis of Hancock 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 32. Do Pass by Substitute

HB 115. Do Pass

Respectfully submitted,

Lewis of Hancock, Chairman.

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221

Mr. Fortson of Wilkes 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 211. Do Pass as Amended HB 122. Do Not Pass
Respectfully submitted, Fortson of Wilkes, 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 House and have instructed me as chairman, to report the same back: to the House with the following recommendation:

HB 219. Do Not P'ass Respectfully submitted,
McCracken of Jefferson, 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 206. Do Pass SB 13. Do Pass SB 14. Do Pass

Respectfully submitted,

Hicks of Floyd, Chairman.

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Mr. Dallis of Troup county, vice-chairman of the Committee on Special Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following resolution of the House and have instructed me as vice-chairman, to report the same back to the House with the following recommendation:

HR 23-114b. Do Pass Respectfully submitted,

Dallis of Troup, Vice-Chairman.

Mr. Wells of Ben Hill 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 58. HB 153. HB 157. HB 168. HB 8. HB 12. HR 10. HB 79. HB 141. HB 142.

Respectfully submitted,
Wells of Ben Hill, Chairman.

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

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223

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

SB 5. By Senators Gross of the 31st and McGinty of the 43rd:
A bill to be entitled an act to repeal in its entirety Section 92-108 of the Code of Georgia of 1933 relating to poll taxes; and for other purposes.
By unanimous consent, the following bills and resolutions of the House and Senate were favorably reported and read the second time:

HB 32. By Messrs. Key of Jasper and Livingston of Polk:
A bill to be entitled an act to provide for the paying of annuities and benefits to the peace officers of the State; and for other purposes.

HB 115. By Mr. Williams of Ware and Mrs. Mankin of Fulton:
A bill to he entitled an act to repeal in its entirety an act approved March 31, 1937 (Acts 1937, pp. 294-310), and to rewrite said Act and establish a State Board of Registration for Professional Engineers and Land Surveyors; and for other purposes.

HB 127. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide that should a Commissioner of Roads and Revenues of Telfair county be inducted into the Armed Forces his office shall not be decreed vacant; to provide for the filling of the office; and for other purposes.
HB 128. By Mr. Whaley of Telfair:
A bill to be entitled an act to reduce the official bond of the Sheriff of Telfair county from $10,000.00 to $5,000.00; and for other purposes.
HB 129. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide for a clerk to the Tax Commissioner of Telfair county and to fix the salary; and for other purposes.
HB 130. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide a salary for the Sheriff of Telfair county in addition to fees; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 131. By Mr. Whaley of Telfair:
A bill to be entitled an act to fix the fee of the Sheriff of Telfair County for feeding prisoners; and for other purposes.

HB 135. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act to require the Tax Receiver of Cobb county to list tax payers in alphabetical order regardless of militia districts; and for other purposes.

HB 136. By Messrs. Hubert, Broome and McCurdy of DeKalb:
A bill to be entitled an act to provide for a salary for the Coroner of DeKalb county; and for other purposes.
HB 137. By Messrs. Hubert, Broome and McCurdy of DeKalb:
A bill to be entitled an act to create a DeKalb County Waterworks Advisory Board and provide the Commissioner of Roads and Revenues shall be the administrator of said waterworks system; and for other purposes.
HB 140. By Messrs. Arnold of Spalding and Ray of Warren:
A bill to be entitled an act to relieve banks from liability for cashing checks bearing forged or unauthorized indorsements unless claim is filed within one year; and for other purposes.
HB 141. By Messrs. Arnold of Spalding, Arnall of Coweta and Ray of Warren:
A bill to be entitled an act to amend Section 13-2015 of the Code relating to the limit of loans on real estate by banks; and for other purposes.
HB 142. By Messrs. Arnold of Spalding, Arnall of Coweta and Ray of Warren:
A bill to be entitled an act to repeal Section 5 of Article XIX of the banking law as codified in Section 13-2005 of the Code of Georgia of 1933 as amended relating to examiners interview of directors, and to repeal Sections 6, 7 and 8 of Article XIX; and for other purposes.
HB 143. By Messrs. Arnold of Spalding, Arnall of Coweta, Ray of Warren and Lovett of Laurens:
A bill to be entitled an act to repeal Section 13-401A of the Code of Georgia of 1933, relating to the verification by bank examiners of individual deposit accounts; and for other purposes.

THURSDAY, JANUARY 25, 1945

225

HB 144. By Messrs. Arnold of Spalding, Arnall of Coweta and Ray of Warren:
A bill to be entitled an act to revise the scale of fees paid by banks for examination by bank examiners; and for other purposes.

HB 145. By Mr. Arnold of Spalding:
A bill to be entitled an act to amend Section 14-209 of the Code so as to enlarge the definition of bearer paper by placing responsibility on the drawer for the acts of his agents who names a fictitious payee; and for' other purposes.

HB 149. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to fix the salary of the members of the Board of County Commissioners of Clark County; and for other purposes.

HB 159. By Mr. Brooke of Whitfield:
A bill to be entitled an act to fix the salary for the Commissioner of Roads and Revenues of Whitfield county; and for other purposes.

HB 169. By Mr. Swint of Spalding:
A bill to be entitled an act to regulate enrichment of flour, bread, degerminated corn meal and/ or grits, prescribe penalty for violation thereof; and for other purposes.

HB 179. By Messrs. Hardy and Lancaster of Hall: A bill to be entitled an act to increase the tax for school purposes in Gaines-
ville from 75 cents to $1.00 on each $100.00; and for other purposes.
HB 189. By Mr. Williams of Appling: A bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for Appling County; and for other purposes.
HB 194. By Mr. Oden of Pierce:
A bill to be entitled an act to pay the Sheriff of Pierce County a salary of $100.00 per month in addition to fees; and for other purposes:
HB 2b6. By Messrs. Weaver and Bloodworth of Bibb, and Gowen of Glynn: A bill to be entitled an act to amend Code Section 370607 by providing that sale of realty under a power of sale in a deed, mortgage or other instrument occurring a debt must be approved by the judge of the Superior Court; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 211. By Mr. Harrison of Jenkins:
A bill to be entitled an act to provide that the State Board of Health may provide safe and sanitary disposal of human excreta in unsewered areas; and for other purposes.

HB 214. By Mr. Gibson of Seminole:
A bill to be entitled an act to provide five district trustees for the Spring Creek Consolidated School District of Seminole County; and for other purposes.

HR 23-114-B. By Mr. Key of Jasper:
A resolution directing officials of the State Government and heads of departments to pay Workmen's Compensation claims of State employees from funds appropriated to the various departments; and for other purposes.

SB 13. By Senator Freeman of the 22nd and others:
A bill to authorize the superior courts of this State to render .declaratory judgments; to declare the effect thereof; and for other purposes.

SB 14. By Senator Gross of the 31st and others:
A bill to provide that the Secretary of State shall file with the clerks of the superior courts of this State certified copies of all general laws within ten days after approval; and for other purposes.

SB 19. By Senator Millican of the 52nd: A bill to provide a system for pension and retirement of teachers and employees of the Board of Education of Fulton county; and for other purposes.
SB 20. By Senator Millican of the 52nd: A bill to repeal an act approved March 10, 1937 (Acts of 1937, page 892), creating a retirement fund for teachers and employees of the Board of Education of Fulton county; and for other purposes.
By unanimous consent, the following resolution and bill of the Senate was introduced, read the first time and referred to the committees:
SR 13. By Senators Hawes of the 30th and Hill of the 36th: A resolution inviting Hon. J. Knox Gholston, a member of the State High-

THURSDAY, JANUARY 25, 1945

227

way Board, to address a joint session of the General Assembly, on reorganization of the Highway Department; and for other purposes.
Referred to the Committee on P'ublic Highways No. 2.

SB 55. By Senator Yawn of the 48th:
A bill to provide that the certified public accountant employed to audit the books of Dodge county shall be selected by the judge of the Superior Court; and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Kent of Glascock 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 20.

Respectfully submitted,

Kent of Glascock, Chairman.

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 7. By Senator Millican of the 52nd:
A bill to be entitled an act to regulate the sale of second hand watches, to require all persons engaged in buying and selling watches to affix an~ keep affixed on all second hand watches a tag plainly marked "Second Hand"; to require that all second hlind watches displayed for sale as "Second Hand"; and for other purposes.
The following amendments were read and adopted to SB 7:
Mr. Maund of Talbert woves to amend SB 7 as follows:
By adding the words "within thirty days" following the words "through exchange or for credit" in Section 5, and further by striking Section 7 in its entirety.
By Senator Sabados of the lOth:
By striking Section III, line XIII, the words "five years" and inserting in lieu thereof the words "two years," and by striking in Section V, line XIII, the words "five years" and inserting in lieu thereof the words "two years."

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JOURNALOF 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 125, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

HB 6. By Messrs. Gowen of Glynn, Durden of Dougherty, Lewis of Hancock, Key of Jasper, Hicks of Floyd, Hubert and Broome of DeKalb, Alexander of Chatham and Mrs. Mankin of Fulton:
A bill to be entitled an act to create a public corporation to be known as "The Georgia Bar"; and for other purposes.
Mr. Gowen of Glynn asked unanimous consent that HB 6 be postponed until Tuesday, January 30th, and the consent was granted.

The Speaker introduced to the House Pvt. Bob Patten, former reading clerk for the Senate.

The regular order of business was continued.

HB 8. By Messrs. Durden and Sapp of Dougherty, Harris of Richmond, Twitty and Hand of Mitchell, Gowen of Glynn and Smith of Emanuel:
A bill to be entitled an act fixing the salary of the deputy clerk of the Court of 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 120, the nays 0.
The bill having received the requisite constitution majority was passed.

HB 10. By Mr. Fortson of Wilkes:
A bill to be entitled an act to repeal Section 92-108 of the Annotated Code of 1933, which levies a poll tax of $1.00 on all persons in the State between the ages of 21 years and 60 years; and for other purposes.
By unanimous consent, HB 10 was postponed until Wednesday, January 31st.

HB 12. By Messrs. Weaver, Bloodworth and Wilson of Bibb and Bloodworth of Houston:
A bill to be entitled an act to amend the act of the General Assembly approved March 27, 1941 (Ga. Laws 1941, page 300; et. seq.), as amended by act approved March 20, 1943 (Ga. Laws 1943, pages 420 and 421), by

THURSDAY, JANUARY 25, 1945

229

providing the adopting parents of a child adopted prior to said act of 1941 may obtain birth certificates for such child in the same manner as provided in the 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 125, the nays 0.
The bill having received the requisite constitution majority was passed.

HB 35. By Messrs. Gowen of Glynn, Harris of Richmond, Connell of Lowndes, Hand of Mitchell, Ray of Warren, Smith of Emanuel, Key of Jasper, Cheshire of Colquitt and Evitt of Catoosa:
A bill to be entitled an act to provide for the retirement of superior court judges; and for other purposes.

The following committee amendment was read and adopted:
The Committee on General Judiciary No.2 moves to amend HB 35 by adding at the end of Section 3 the following language to wit:
"Provided, however, that any judge of the superior courts of this State who offers for re-election, and is defeated in a primary or regular election, shall not be eligible to apply for or accept appointment as judge of the superior courts, emeritus, nor shall any judge be eligible to accept the provisions of this Act thereafter and before the expiration of the term such judge is then serving."

So that said Section 3 as amended will read as follows:
"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 superior courts and accept appointment as judge of the superior courts, emeritus. Upon such appointment being made by the Governor, and the commission issued by the Governor, the resignation shall automatically become effective. Provided, however, that any judge of the superior courts of this state who offers for re-election, shall not be eligible to apply for or accept appointment as judge of the superior courts, emeritus, nor shall any judge be eligible to accept the provisions of this act thereafter and before the expiration of the term such judge is then serving."

Mr. McNall of Chatham moved the previous question, the motion prevailed and the main question was ordered.

On the passage of the bill, as amended, the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were:

Adams Almand

Ansley Baker

Barrett Beddingfield

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JOURNAL OF THE HOUSE,

Black Bloodworth of Bibb Bloodworth of Houstoll Boynton Britton Brooke Broome Brumby Burch Callaway Campbell Chance Cheek Cheshire Connell Crowley Dallis Dorsey of Cobb Dupree Durden Dykes Ennis, Marion Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Gary Gibson Gilbert Gowen Greene Greer Griswell Guerry Hall

Hand Harden Hardy of Hall Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davi~ Hinson of Ware Holleman Holley Hubert Kelly Kendrick Kenimer Kent Key King Lancaster Littlejohn Looper McCracken McCurdy McNall Mason Matthews of Peach Miller Mitchell Moore Morrison Moye of Brooks Moye of Randolph Nicholson Oakley Oden

Odom Oliver O'Sheal Pannell Pettit Phillips P'ittman of Tift Price Ray Riddlespurger Ritchie Roughton Seagraves Sears Shields Sills Smith of Emanuel Smith of Oglethorpe Sparks Sumner Thompson Thrash Trotter Twitty Watford Weaver Wells of Ben Hill Williams of Appling Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Young

Those voting in the negative were:

Adamson Alexander of Carroll Arnall of Coweta Barwick Battles Brock Brunson Chastain

Claxton Connerat Cowart Culpepper DeFoor Dorsey of White Etheridge of Butts Garrison

Gavin Giddens Glisson Guyton Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne

THURSDAY, JANUARY 25, 1945

231

Hart Hogg Holbrook Hollis Hooks Hurst Jackson Jennings of Terrell Johns Kennon Knabb Lam Lane

Livingston Lovett Maund Mankin Mann of Henry Mann of Rockdale Manous Medders Mosley Mullinax Murphy Parham

Parks Pennington Ramey .
Sapp Seagler Sheffield Smiley Smith of Bryan Strickland of Pike Underwood Wells of Lincoln Witherington

Those not voting were:

Alexander of Chatham Arnold of Spalding Banks Bargeron Cates Crow Ennis,]. H. Gaskins Hampton Holloway

Jennings of Sumter Lewis Mallard Malone Massey Matthews of Paulding Overby Pittman of Bartow Porter

Powell Rossee Rowland Strickland of Upson .Swint Thornton Whaley Williams of Gwinnett Mr. Speaker

By unanimous consent the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 116, the nays 61. The bill having received the requisite constitutional majority was passed, as amended.

HB 36. By Messrs. Twitty and Hand of Mitchell, Durden and Sapp of Dougherty, Miller of Decatur, and Marion Ennis of Baldwin:
A bill to be entitled an act to authorize the State Board of Education to set up and operate Area Trade, Vocational and Industrial Schools; and for other purposes.
The report 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 constitution majority was passed.

HB 39. By Messrs. Price of Clarke, Harris of Richmond, Moye of Richmond,

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JOURNAL OF THE HOUSE,

Hardy of Hall, Connell of Lowndes, Hand of Mitchell, Durden of Dougherty, and Ray of Warren:
A bill to be entitled an act to provide a fund to assist in the education of orphans of members of the Armed Forces killed in action in World War II ; and for other purposes.
The report 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 constitution majority was passed.

HB 45. By Messrs. Sapp and Durden of Dougherty:
A bill to be entitled an act to amend Section 71-102 of the Code of 1933 by providing that persons eighteen years of age may be appointed Notaries Public; and for other purposes.
The report 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 5.
The bill having received the requisite constitution majority was passed.

HB 51. By Messrs. Connell of Lowndes and Gowen of Glynn:
A bill to be entitled an act to prescribe certain terms and conditions upon which foreign corporations may do business in Georgia; to provide for filing of copy Qf charter with the Secretary of State; and for other purposes.
By unanimous consent, HB 51 was recommitted to the Committee on General Judiciary No. 2.

HB 54. By Messrs. Dorsey and Brumby of Cobb, Hefner of Pickens, Mulli~ax of Gilmer, Manous of Cherokee, Hampton of Fannin, and Holbrook of Forsyth:
A bill to be entitled an act to fix the salary of the Solicitor General of the Blue Ridge Circuit at $6250.00 per 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 constitution majority was passed.
Mr. Durden of Dougherty moved that the House adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.

THURSDAY, JANUARY 25, 1945

233

Leaves of absence were granted to Messrs. Gilbert of Glynn, Brunson of Bulloch, Smith of Bryan, and Lam of Troup.

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



234

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Friday, January 26, 1945.

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 Scripture reading and prayer by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Evitt of Catoosa, 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) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.

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

HB 239. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to increase the oflicial bond of the Sheriff of Mitchell county, Georgia, to ten thousand dollars, to authorize the Board of Commissioners of Roads and Revenues of Mitchell county, Georgia, to pay the premiums on such bond, under certain conditions; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 240. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to amend an act creating the City Court of Camilla, approved August 17, 1905, and all acts amendatory thereof, and, particularly Section 8 of said act, so as to provide that the bond of the Sheriff of the City Court of Camilla shall likewise be responsible for the faithful discharge of his duties when acting as Sheriff of the City Court of Pelham, and to provide for payment of premiums on such bonds, when

FRIDAY, JANUARY 26, 1945

235

written by an acceptable indemnity company, by the Board of Commis~ sioners of Roads and Revenues of Mitchell county, Georgia, under certain conditions; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 241. By Messrs. Hand of Mitchell and Durden of Dougherty:
A bill to be entitled an act for the abatement of all income taxes for members of the armed forces upon death; and for other purposes. Referred to the Committee on Veterans Affairs.

HB 242. By Messrs. Hand of Mitchell and Durden of Dougherty:
A bill to be entitled an act to amend Section 53-502 of the Annotated Code of Georgia, headed "Wife's property, when separate," by adding the following language: "and in all cases where the wife's personal property is injured, damaged or destroyed by the husband, the husband shall be liable to the wife"; and for other purposes.
Referred to the Committee on Insurance.

HB 243. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act to amend an act incorporating the Town of Lake Park, in Lowndes county, Georgia (Acts 1897, page 250), so as to authorize the governing authorities of said town to close or dispose of certain property heretofore laid out and designated for street purposes; and for other purposes.
Referred to the Committee on Municipal Governments.

HR 35-242A. By Messrs. Malone and Lovett of Laurens, Sills of Candler, and Hooks of Emanuel:
A resolution granting an honorarium of $2400.00 to Honorable Vivian L. Stanley, former member of the State Prison and Parole Commission, in lieu of the salary that he would have received had not his office been abolished; and for other purposes.
Referred to Committee on Special Appropriations.

HB 244. By Mr. Hefner of Pickens:
A bill to be entitled an act to authorize and direct proper officials in all counties in the state having a population of not less than 9,130 nor more than 9,140, to pay to the Clerk of the Superior Court, Ordinary and Sheriff of said counties the sum of $50.00 per month each in addition to the fees and compensation now paid to said officers; and for other purposes.
Referred to the Committee on Counties and County Matters.

236

JOURNAL OF THE HOUSE,

HB 245. By Mr. Hefner of Pickens:
A bill to be entitled an act to amend an act entitled "An act to create thr office of Commissioner of Roads and Revenues of Pickens county," by striking the figures "$1,800" in Section 6 of said act, pertaining to the salary of said Commissioner, and substituting in lieu thereof the figures "$2,400.00"; and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Mitchell of Monroe county, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker:
Your Committee on Legislative and Congressional Reapportionment 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 234. Do Pass as amended.
Respectfully submitted, Mitchell of Monroe, 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 resolutions of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:
HR 28-224A. Do Pass. HR 33-238A. Do Pass.
Respectfully submitted, McCracken of J e:fferson, Chairman.

Mr. Sills of Candler county, Chairman of the Committee on Counties and County Matters, submitted the following report:
M_r. 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 200. Do Pass.

FRIDAY, JANUARY 26, 1945

237

HB 201. Do P'ass. HB 203. Do Pass. HB 237. Do Pass. HB 238. Do Pass. SB 8. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Bloodworth of Bibb 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 209. Do Pass.
HB 196. Do Pass.
HB 116. Do Pass.
HB 152. Do Pass. HB 154. Do P'ass. HB 221. Do Pass.
Respectfully submitted, Bloodworth of Bibb, 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 22. Do Pass by substitute.

Respectfully submitted,

Hicks of Floyd, Chairman.

238

JOURNAL OF THE HOUSE,

Mr. McNall 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 consideraiton 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:

HR 29-225A. Do Pass.

HB 85. Do Not Pass.

HB 213. Do Not Pass.

HB 197. Do Not Pass.

HB 41. Do Pass.

Respect~ully submitted, MeN all of Chatham, Chairman.

Mr. Pannell of Murray 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 202. Do Pass. HB 167. Do Pass. HB 165. Do Pass. HB 180. Do Pass. HB 227. Do Pass. HB 205. Do Pass. HB 188. Do Pass. HB 119. Do Pass as amended. HB 195. Do Pass. HB 139. Do Pass. HB 166. Do P'ass.
Respectfully submitted, Pannell of Murray, Chairman.

FRIDAY, JANUARY 26, 1945

239

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

HB 22. By Mr. Harris of Richmond:
A bill to be entitled an act to amend Section 24-3501 of the Code of Georgia of 1933, by increasing the membership of the Court of Appeals to seven judges and to provide that they shall sit in a body; and for other purposes.

HB 41. By Messrs. DeFoor of Mcintosh and Claxton of Camden:
A bill to be entitled an act to provide that the open season for hunting marsh hens shall be from November 20 to January 15; and for other purposes.

HB 116. By Mr. Porter of Gordon:
A bill to be entitled an act to amend the charter of the City of Calhoun to extend the territorial limits of said city; and for other purposes.

HB 119. By Mr. Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide an express lien to involuntary gratuitous or naked depositaries on property held in their possession; and for other purposes.

HB 139. By Messrs. Brock and Alexander of Carroll, Hinson and Williams of Ware:
A bill to be entitled an act to establish a new scale of fees for constables of the militia districts of this state; and for other purposes.

HB 152. By Mr. Kent of Glascock:
A bill to be entitled an act to amend the charter of the City of Gibson by providing for four members of City Council instead of two; and for other purposes.

HB 154. By Mr. Banks of Lamar:
A bill to be entitled an act to amend the charter of the City of Barnesville to provide for a city-wide vote for members of City Council; and for other purposes.

HB 165. By Mr. Oakley of Barrow:
A bill to be entitled an act to provide for the time of holding four terms of Barrow Superior Court; and for other purposes.

240

JOURNAL OF THE HOUSE,

HB 166. By Messrs. Oakley of Barrow, Campbell of Newton, Almand of Walton, Holbrook of Forsyth, and Gammage of Sumter:
A bill to be entitled an act to provide the state shall pay to clerks of the Superior Courts $1.00 for each recording of enlistment and discharge records of members of the armed forces; and for other purposes.

HB 167. By Messrs. Lane and Livingston of Polk:
A bill to be entitled an act to provide that applicants for divorce in Polk Superior Court shall pay $10.00 cost upon filing the petition; and for other purposes.

HB 180. By Messrs. Hardy and Lancaster of Hall, Evitt of Catoosa, Willis of Irwin, Manous of Cherokee, and Looper of Dawson:
A bill to be entitled an act to amend Code Section 59-105 by fixing the compensation of jury commissioners and clerk at $5.00 per day; and for other purposes.

HB 188. By Messrs. Harrison of Wayne, Hinson of Jeff Davis, Gowen and Gilbert of Glynn, Williams of Appling, and Claxton of Camden:
A bill to be entitled an act to fix the salary of the Solicitor General of the Brunswick Judicial Circuit at $5200.00 per annum; and for other purposes.

HB 195. By Messrs. Strickland and Freeman of Upson:
A bill to be entitled an act to fix the compensation of the Coroner and jurors summoned by the Coroner in Upson county; and for other purposes.

HB 196. By Messrs. Riddlespurger and Cheshire of Colquitt:
A bill to be entitled an act to amend the charter of the City of Moultrie to confer extra-territorial jurisdiction over certain territory adjacent to the airbases; and for other purposes.

HB 200. By Mr. Kent of Glascock:
A bill to be entitled an act to repeal an act approved February 16, 1943 (Georgia Laws 1943, pp. 1030-1042), establishing a Board of Commissioners of Roads and Revenues for the County of Glascock; and for other purposes.

HB 201. By Mr. Kent of Glascock:
A bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for the County of Glascock; and for other purposes.

FRIDAY, JANUARY ~6, 1945

~41

HB ~0~. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide for four terms each year of Baldwin Superior Court; and for other purposes.

HB ~03. By Mr. Manous of Cherokee:
A bill to be entitled an act to fix the salary of the clerk of the Board of County Commissioners of Cherokee county; and for other purposes.
HB ~05. By Mr. Greer of Lanier:
A bill to be entitled an act to provide for four terms each year of Lanier Superior Court; and for other purposes.

HB ~09. By Mr. Pittman of Tift:
A bill to be entitled an act to amend the charter of the City of Tifton by providing the levy of an additional tax for school purposes; and for other purposes.

HB 221. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick to provide that employees of the Brunswick-St. Simons Highway shall be included in the pension system of the city; and for other purposes.

HB 227. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to make it unlawful for any Ordinary of any county to prepare and file any application or petition or other pleading or paper in connection with the appointment of administrators of the state; and for other purposes.

HB 234. By Messrs. Bloodworth, Weaver and Wilson of Bibb, Mitchell of Monroe, Strickland of Pike, and Banks of Lamar:
A bill to be entitled an act to rearrange the counties composing the 22nd, 26th, 35th and 36th senatorial districts of the state; and for other purposes.

HB 237. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes.

HB 238. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act to abolish the Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes.

242

JOURNAL OF THE HOUSE,

HR 28-224A. By Messrs. Gowen and Gilbert of Glynn, Alexander, Connerat and MeN all of Chatham:
A resolution to create a committee of ten members of the House and five of the Senate to inspect the Alabama State Docks at Mobile and report to the General Assembly whether this state would undertake to establish a system of state-owned docks; and for other purposes.

HR 29-225A. By Messrs. Gowen and Gilbert of Glynn:
A resolution ratifying and confirming the order of Governor Arnall pertaining to the collection of a tax of one-eighth of one cent per pound on edible crab meat; and for other purposes.

HR 33-238A. By Mr. Marion Ennis of Baldwin:
A resolution to provide that the state shall lease to the First Presbyterian Church of Milledgeville additional land; and for other purposes.

SB 8. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act creating a civil service board in Fulton county to provide that Mrs. Evelyn C. McCutcheon should be entitled to receive the benefits thereof; and for other purposes.

SB 65. By Senator Mavity of the 44th:
A bill to be entitled an act to amend the charter of the City of Chickamauga to increase the school tax from 1 to 2 per cent; and for other purposes.

SB 67. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta, by extending the city limits; and for other purposes.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 10. By Senators Harrell of the 7th, Freeman of the 22nd, and others:
A bill to be entitled an act to provide for the holding of bar examinations in this state, to repeal all laws in conflict therewith; and for other purposes.

FRIDAY, JANUARY 26, 1945

243

SB 42. By Senator Brown of the 6th:
A bill to be entitled an act to amend an act granting to the City of Nashville, Georgia, a charter granting the city officials authority to enact zoning and plannnig laws; and for other purposes.

SB 45. By Senators Grayson of the 1st and Gross of the 31st:
A bill to be entitled an act to amend the charter of the City of Savannah and the several acts amendatory thereof in order to provide a mayor's pension; and for other purposes.

SB 46. By Senators Grayson of the 1st and Gross of the 31st:
A bill to be entitled an act to amend the several acts relating to and incorporating the mayor and the aldermen of the City of Savannah, particularly with respect to certain lands; and for other purposes:

SB 47. By Senators Grayson of the 1st and Gross of the 31st:
A bill to be entitled an act to amend the charter of the City of Savannah to provide by ordinance for a Savannah airport commission; and for other purposes.

SB 48. By Senators Grayson of the 1st and Gross of the 31st:
A bill to be entitled an act to amend the charter of the City of Savannah authorizing the mayor and aldermen to create an industrial and domestic water supply commission; and for other purposes.

SB 49. By Senator Grayson of the 1st:
A bill to be entitled an act to amend the charter of the City of Savannah by increasing the salaries and compensation of the members of the Board of Aldermen; and for other purposes.

SB 58. By Senator McGinty of the 43rd:
A bill to be entilted an act to amend the charter of the City of Calhoun to define and establish the territorial limits of the city; and for other purposes.

SB 61. By Senator Mavity of the 44th:
A bill to be entitled an act to amend an act for the purposes of extending the city limits of LaFayette; and for other purposes.

SB 62. By Senator Millican of the 52nd: A bill to be entitled an act to amend an act establishing a new charter for

244

JOURNAL OF THE HOUSE,

the City of Atlanta, to provide for the selling of the land on which the American Legion home now stands in P'iedmont Park to Atlanta Post No. 1 of the American Legion; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:

HB 25. By Mr. Willis of Irwin:
A bill to be entitled an act providing for three terms each year of the Irwin Superior Court; and for other purposes.

HB 76. By Mr. Oden of Pierce:
A bill to be entitled an act to amend an act creating the Board of Commissioners of Roads and Revenues for the CoUllty of Pierce so as to provide a clerk for said Board; and for other purposes.

HB 98. By Mr. Key of Jasper:
A bill to be entitled an act to amend an act entitled an act to create a Board of Commissioners of Roads and Revenues for the County of Jasper so as to change the date of monthly meetings of said Board; and for other purposes.

HB 99. By Mr. Mason of Morgan:
A bill to be entitled an act to fix the salary of the Clerk of. the Commissioners of Roads and Revenues of Morgan county; and for other purposes.

HB 102. By Mr. Sills of Candler:
A bill to be entitled an act to fix the salary of the Judge and Solicitor of the City Court of Metter; and for other purposes.

The following bills of the Senate were introduced, read the first time and referred to the committee:

SB 5. By Senators Gross of the 31st and McGinty of the 43rd:
A bill to repeal in its entirety Section 92-108 of the Code of Georgia of 1933, relating to the levy and collection of poll tax for educational purposes ; and for other purposes.
Referred to the Committee on Ways and Means.

SB 10. By Senator Harrell of the 7th and others:

FRIDAY, JANUARY 26, 1945

245

A bill to provide that Justices of the Supreme Court shall be authorized to make and adopt rules relating to examinations for admission to the Bar of this state; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

SB 42. By Senator Brown of the 6th:
A bill to amend the charter of the City of Nashville to provide for zoning ordinances; and for other purposes.
Referred to the Committee on Municipal Government.

SB 45. By Senator Grayson of the 1st and others:
A bill to amend charter of the City of Savannah so as to provide for a mayor's pension; and for other purposes.
Referred to the Committee on Municipal Government.

SB 46. By Senator Grayson of the 1st and others:
A bill to provide that the mayor and aldermen of the City of Savannah shall have the right to close any part or all of Duffy Street Lane and Henry Street Lane; and for other purposes.
Referred to the Committee on Municipal Government.

SB 47. By Senator Grayson of the 1st and others:
A bill to amend the charter of the City of Savannah to provide by ordinance for a Savannah Airport Commission to administer, maintain and operate municipally owned airports; and for other purposes.
Referred to the Committee on Municipal Government.

SB 48. By Senator Grayson of the 1st:
A bill to amend the charter of the City of Savannah authorizing the Mayor and Aldermen to create an industrial and domestic water supply commission; and for other purposes.
Referred to the Committee on Municipal Government.

SB 49. By Senator Grayson of the 1st:
A bill to amend the charter of the City of Savannah to increase the salary or compensation of the members of the Board of Aldermen; and for other purposes.
Referred to the Committee on Municipal Government.

246

JOURNAL OF THE HOUSE,

SB 58. By Senator McGinty of the 43rd:
A bill to amend the charter of the City of Calhoun to define and establish the territorial limits of the city; and for other purposes.
Referred to the Committee on Municipal Government.

SB 61. By Senator Mavity of the 44th:
A bill to amend the charter of the City of LaFayette by extending the city limits; and for other purposes.
Referred to the Committee on :Municipal Government.

SB 62. By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta to provide the Mayor and Council can sell to Atlanta Post No. l of the American Legion the land on which the American Legion Home now stands in Piedmont Park; and for other purposes.
Referred to the Committee on l\tlunicipal Government.

HB 65. By Senator Mavity of the 44th:
A bill to amend the charter of the City of Chickamauga to mcrease the school tax from one to two per cent; and for other purposes.
Referred to the Committee on Municipal Government.

SB 67. By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta by extending the city limits to include parts of land lots (3), fifty (50), (51), (56), and (57); and for other purposes.
Referred to the Committee on Municipal Government.

By unanimous consent 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 127. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide that should a Commissioner of Roads and Revenues of Telfair county be inducted into the armed forces his office shall not be decreed vacant; to provide for the filling of the office; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, JANUARY 26, 1945

247

On the passage of the bill, the ayes were 104, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 128. By Mr. Whaley of Telfair: A bill to be entitled an act to reduce the official bond of the Sheriff of Telfair county from $10,000.00 to $5,000.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 129. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide for a clerk to the Tax Commissioner of Telfair county and to fix 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 106, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 131. By Mr. Whaley of Telfair:
A bill to be entitled an act to fix the fee of the Sheriff of Telfair county for feeding 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 107, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 137. By Messrs. Hubert, Broome and McCurdy of DeKalb:
A bill to be entitled an act to create a DeKalb County Water Works Advisory Board and provide the Commissioner of Roads and Revenues shall be the administrator of said water works 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 oi"the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

248

JOURNAL OF THE HOUSE,

HB 149. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to fix the salary of the members of the Board of County Commissioners of Clarke 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.

HB 179. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to increase the tax for school purposes in Gainesville from 75 cents to $1.00 on each $100.00; 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 189. By Mr. Williams of Appling:
A bill to be entitled an 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.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 214. By Mr. Gibson of Seminole:
A bill to be entitled an act to provide five district trustees for the Spring Creek Consolidated School District of Seminole county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 159. By Mr. Brooke of Whitfield:
A bill to be entitled an act to fix the salary for the Commissioner of Roads and Revenues of Whitfield county; and for other purposes.

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249

The following amendment was read and adopted:
Mr. Brooke of Whitfield moves that HB 159 be amended by striking from Section 2 of said bill the figures $1000.00 and $82.50, and inserting in lieu thereof the figures $1200.00 and $100.00.
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.

SB 19. By Senator Millican of the 52nd:
A bill to provide a system for pension and retirement of teachers and employees of the Board of Education of Fulton county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolutions were read and adopted:

HR 36. By Messrs. Mason of Morgan, Hatchett and Thompson of Meriwether, and Durden of Dougherty:
A resolution urging the Labor Procurement Division to go on uninterrupted in Atlanta.

HR 37. By Messrs. Williams of Toombs and Smith of Bryan:
A resolution urging the President to give consideration to the qualified statesmen of Georgia and the South for filling vacancies.

HR 38. :By Messrs. Battles and Miller of Decatur:
A resolution extending sympathy of the General Assembly to the family of Honorable Gordon Bowers, former member of the Assembly, on his death.

The speaker presented to the House Mrs. Dorothy Vredenburg, secretary of the Young Democratic Committee, and Miss Mae Oliver, assistant secretary to the Young Democratic Committee.
The speaker recognized the presence in the gallery of the seventh grade of the Winnona Park School, Decatur, Georgia.

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By unanimous consent 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 32. By Messrs. Key of Jasper and Livingston of P'olk:
A bill to be entitled an act to provide for the paying of annmt1es and benefits t.o the peace officers of the state; and for other purposes.
Mr. Key of Jasper asked unanimous consent that HB 32 be postponed until February 6th, and the request was granted.

HB 55. By Messrs. Williams and Hinson of Ware, Williams of Coffee, Oden of Pierce, and Medders of Bacon:
A bill to be entitled an act to fix the salary for the official Court Reporter for the Waycross 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 119, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 57. By Messrs. Durden of Dougherty and McCracken of Jefferson:
A bill to be entitled an act fixing the salary of the Director of the Veterans' Service Office at $6,000.00; and for other purposes.
Mr. Durden of Dougherty asked unanimous consent that HB 57 be tabled, the reques! was granted, and HB 57 was tabled.

HB 61. By Messrs. Dallis and Lam of Troup, Weaver of Bibb, Durden of Dougherty, and Trotter of Troup:
A bill to be entitled an act to amend an act approved March 20, 1943 (Georgia Laws 1943, pp. 424-428) by striking section 3 thereof which requires publication of notice on application for birth certificate; and for other purposes.
Mr. Dallis of Troup asked unanimous consent that HB 61 be postponed until Monday, January the 29th, and the consent was granted.

HB 63. By Mrs. Mankin and Mr. Etheridge of Fulton: A bill to be entitled an act to provide how a lien of a carrier of passengers on the baggage of passengers may be foreclosed; and for other purposes.
The following amendment was read and adopted:

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251

Committee moves to amend HB 63 as follows:
By striking the words "sixty days" wherever they appear and substituting in lieu thereof the words "six months."
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.
The speaker recognized the presence in the gallery of the American Government Class of Wesleyan College, Macon, Georgia.

The foflowing bill of the House was taken up for the purpose of considering a Senate substitute thereto:

HB 38. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph, Connell of Lowndes, Hardy of Hall, Cheshire of Colquitt, Key of Jasper, Smith of Emanuel, and Evitt of Catoosa:
A bill to be entitled an act to provide that veterans of World War II may attend the public schools of this state without charge and regardless of age; and for other purposes.
The following Senate substitute was read:
A BILL
TO BE ENTITLED AN ACT to amend Section 32-937 of the Civil Code of 1933, revising the school laws of the state, by adding a new proviso that veterans of World War II may be admitted to the public schools of this state without charge, and regardless of age; 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. Section 32-937 of the Civil Code of 1933 is hereby amended by adding a new sentence following the first sentence thereof as follows, to wit: "It is provided, however, that veterans who served in World War II and who were discharged from such service under conditions other than dishonorable, may attend such schools without charge and regardless of age," so that such section, as amended, shall read as follows:
"Section 32-937. Free tuition; colored and white children separate.-Admission to all common schools shall be gratuitous to all children between the ages of six and eighteen years residing in the sub-districts in which the schools are located. It is provided, however, that veterans who served in World War II and who were discharged from such service under conditions other than dishonorable, may attend

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such schools without charge and regardless of age. Colored and white children shall not attend the same school; and no teacher receiving or teaching white a'nd colored pupils in the same school shall be allowed any compensation at all out of the common school fu~d."
Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
On the adoption of the Senate substitute the ayes were 114, the nays 0.
The Senate substitute to HB 38 having received the requisite constitutional majority was adopted.
The regular order of business was continued.

HB 72. By Mr. Price of Clarke:
A bill to be entitled an act to create a War Veterans' Memorial Building Commission; to provide the posers and duties of such 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 111, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 65. By Mr. Mann of Henry: A bill to be entitled an act to provide for four terms of the Henry 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 73. By Mr. Price of Clarke:
A bill to be entitled an act to create the Servicemens Resettlement Corporation; to authorize the issuance of Revenue Bonds of the corporation, making such bonds legal investments and exempt from taxation; and for other purposes.
Mr. Connell of Lowndes asked unanimous consent that HB 73 be postponed until Tuesday, January 30th, and the consent was granted.

HB 74. By Messrs. Brock and Alexander of Carroll, Hurst and Arnall of Coweta,

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253

Parham of Heard, Hatchett and Thompson of Meriwether, Trotter, Lam and Dallis of Troup:
A bill to be entitled an act to fix a salary for the Official 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 111, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 80. By Messrs. Thrash of Coffee, McCracken of Jefferson, Arnall of Coweta, Ray of Warren, Sapp of Dougherty, and Cheek of Franklin:
A bill to be entitled an act to provide for the redemption of bonds by the state, known as the Land Scrip Fund, now held by the Regents of the University System; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 79. By Mr. Lewis of Hancock:
A bill to be entitled an act to provide if no quorum of the Supreme Court are in attendance the justices in attendance may adjourn to a time agreed upon; and for other purposes.
Mr. Durden of Dougherty asked unanimous consent that HB 79 be postponed until Monday, January 29th, and the consent was granted.

HB 81. By Messrs. Hicks and Littlejohn of Floyd:
A bill to be entitled an act to amend Article 2, Section 1, of the Constitution by providing that the Commissioners of Roads and Revenues of Floyd county may establish Water and Sewerage Systems; and for other purposes.
Mr. Durden of Dougherty asked unanimous consent that HB 81 be postponed until Monday, January 29th, and the consent was granted.

HB 82. By Messrs. Hubert, Broome and McCurdy of DeKalb:
A bill to be entitled an act to provide for the distribution of fees of the Court Reporter of the Stone Mountain J udciial Circuit; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 88. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to increase the salary of the Solicitor General of the Chattahoochee Circuit; and for other purposes.
Mr. Holleman of Muscogee asked unanimous consent that HB 88 be postponed until Monday, January 29th, and the consent was granted.

HB 89. By Mr. Holleman of Muscogee:
A bill to be entitled an act to provide that judges of Superior Courts in counties having a city of more than 30,000 population may appoint a secretary; and for other purposes.
Mr. Holleman of Muscogee asked unanimous consent that HB 89 be postponed until Monday, January 29th, and the consent was granted.

HB 91. By Messrs. Young, Shields and Holleman of Muscogee:
A bill to be entitled an act to provide for compulsory school attendance of pupils between seven and sixteen years of age, to define the authority and duties of attendance officers; and for other purposes.
Mr. Holleman of Muscogee asked unanimous consent that HB 91 be postponed until Monday, January 29th, and the consent was granted.

HR 19-91A. By Mr. Harris of Richmond:
A resolution confirming the appointment of Oliver F. Reeves as Poet Laureate of Georgia; and for other purposes.
Mr. Durden of Dougherty asked unanimous consent that HR 19-91A be tabled and the consent was granted.

HB 96. By Messrs. Harris of Richmond, Boynton of Union, and Sparks of Towns:
A bill to be entitled an act to provide for reciprocation between the different states with the State of Georgia in transporting or selling farm products or products of orchards and groves within the boundary 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.

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255

On the passage of the bill, the ayes were 106, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 105. By Messrs. Willis of Irwin, Alexander of Chatham, and Connell of Lowndes:
A bill to be entitled an act to provide that the fourth Thursday in Novemoer shall be Thanksgiving and the first Monday in September shall be Labor Day; and for other purposes.
By unanimous consent, HB 105 was tabled.

HB 56. By Messrs. Durden of Dougherty and McCracken of Jefferson: A bill to be entitled an act to fix the salary of the Supervisor of Purchases at $6,000.00; and for other purposes.
By unanimous consent HB 56 was postponed until Thursday, February 1st.

HB 106. By Mr. McCracken of Jefferson:
A bill to be entitled an act to provide that Judges of the Court of Appeals may administer oaths to members of the General Assembly; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

HR 23-114B. By Mr. Key of Jasper:
A resolution directing officials of the state government and heads of departments to pay workmen's compensation claims of state employees from funds appropriated to the various departments; and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 103, the nays 0.
The resolution having received the requisite constitutional majority was passed.

Mr. Durden of Dougherty moved that the House 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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Representative Hall, Atlanta, Georgia. Monday, January 29, 1945.

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 scripture reading and prayer by Dr. Edward G. Mackay, pastor of the Glenn Memorial Methodist Church, Emory University, Atlanta.
By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, 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) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read for the first time, and referred to the committees:
HB 245. By Mr. Seagraves of Madison:
A bill to be entitled an act to abolish the City Court of Danielsville; and for other purposes. Referred to the Committee on Special Judiciary.

HB 246. By Mr. Seagraves of Madison:
A bill to be entitled an act to provide for the holding of four terms of the Superior Court of Madison county; and for other purposes. Referred to the Committee on Special Judiciary.

HB 247. By Messrs. MeN all, Alexander and Connerat of Chatham and Gowen of Glynn:
A bill to be entitled an act to regulate the commercial collection of oysters and to provide for health certificate; and for other purposes.

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257

Referred to the Committee on Game and Fish.

HB 248. By Messrs. MeNall, Alexander and Connerat of Chatham:
A bill to be entitled an act to amend the charter of the town of Savannah Beach to provide for the assessment of }:1: of 1 per cent of the value of real and personal property for maintaining a sea wall; and for other purposes.
Referred to the Committee on Municipal Government.

HB 249. By Messrs. MeNall, Alexander and Connerat of Chatham:
A bill to be entitled an act to amend Section 42-210 to provide that license fees levied on commercial fishing boats shall run from January 1 to December 31 of each year; and for other purposes.
Referred to the Committee on Game and Fish.

HB 250. By Messrs. MeN all, Alexander and Connerat of Chatham:
A bill to be entitled an act to provide the manner and method of .handling and shipping of oysters in the shell; and for other purposes. Referred to the Committee on Game and Fish.

HB 251. By Messrs. MeN all, Alexander and Connerat of Chatham:
A bill to be entitled an act to authorize the State Game and Fish Commission to purchase an airplane to patrol coastal waters; and for other purposes. Referred to the Committee on Game and Fish.

HB 252. By Messrs. Ray of Warren and Smith of Emanuel:
A bill to be entitled an act to provide where there are two or more militia districts in an incorporated town or city electors may vote in a militia district other than the one in which he resides; and for other purposes.
Referred to the Committee on Privileges and Elections.

HB 253. By Mr. Adamson of Clayton:
A bill to be entitled an act to change the name of the City of Marrow in Clayton county to the City of Morrow; and for other purposes.
Referred to the Committee on Municipal Government.

HB 254. By Messrs. Adamson of Clayton and Giddens of Calhoun:
A bill to be entitled an act to provide that ad valorem taxes due on all motor vehicles for the preceding taxable year must be paid before a license tag can be issued ; and for other purposes.

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Referred to the Committee on Ways and Means.

HB 255. By Messrs. Gowen of Glynn, Durden of Dougherty, Hicks of Floyd and Alexander of Chatham:
A bill to be entitled an act to provide for circuit probation officers in the judicial circuits of this state; to provide for clerks and deputy probation officers; to provide for their duties and compensation; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

H B 256. By Messrs. Sumner and O'Sheal of Worth and Hicks of Floyd:
A bill to be entitled an act to amend the General Tax Act of 1935 (Georgia Laws 1935, pp. 11-72), by amending paragraph 3 entitled "Professions" so as to include "Veterinarian"; and for other purposes.
Referred to the Committee on Ways and Means.

HB 257. By Messrs. Hinson and Williams of Ware and Brock of Carroll:
A bill to be entitled an act to repeal Section 24-1601 of the Code and provide a new Section 24-1601 setting up a new schedule of fees for the Justices of the Peace; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 258. By Mr. Nicholson of Oconee: A bill to be entitled an act to fix a salary for the Sheriff of Oconee county in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 259. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to strike from the charter of Augusta that portion which regulates the salary of the Mayor by striking the words "Nor exceed the sum of $5,000.00"; and for other purposes.
Referred to the Committee on Municipal Government.

HB 260. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to fix minimum salaries and wages of members of the police department of the City of Augusta; and for other purposes. Referred to the Committee on Municipal Government.

HB 261. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an act to amend the charter of the City of Augusta to

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259

provide for a pension fund for permanent employees of the city; and for other purposes.
Referred to the Committee on Municipal Government.

HB 262. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to make admissable in evidence all actions for the condemnation of real property as evidence of the value of other comparable properties; and for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 263. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to provide that the Mayor may be eligible to succeed himself one time; and for other purposes.
Referred to the Committee on Municipal Government.

HB 264. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide a minimum salary for members of the fire department of the City of Augusta; and for other purposes. Referred to the Committee on Municipal Government.

HB 265. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an ac;:t to provide a pension fund for permanent employees of the County of Richmond; and for other purposes. Referred to the Committee on Counties and County Matters.

HB 266. By Messrs. Durden of Dougherty, Gowen of Glynn, Kendrick of Fulton and Trotter of Troup:
A bill to be entitled an act to amend the Unemployment Compensation Act by changing the name to the Employment Security Agency; by amending, changing and clarifying the provisions of the law as to experience rating; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 267. By Messrs. Durden of Dougherty, Gowen of Glynn and Kendrick of Fulton:
A bill to be entitled an act to establish a retirement system for employee~ of the Bureau of Unemployment Compensation; and for other purposes.
Referred to the Committee on Industrial Relations.

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JOURNAL OF THE HOUSE,

HB 268. By Mr. Seagraves of Madison:
A bill to be entitled an Act to abolish the City Court of Danielsville, and for other purposes.
Referred to the Committee on Special Judiciary.

HR 39-258A. By Mr. Greer of Lanier:
A resolution to require the State Sanitorium at Alto to admit every person suffering from tuberculosis who makes application; and for other purposes.
Referred to the Commtitee on Sanitarium at Alto.

HR 40-258B. By Mr. Greer of Lanier:
A resolution to transfer the administration of the State Tuberculosis Sanitarium at Alto from the Department of Public Health to the State Department of Public Welfare; and for other purposes.
Referred to the Committee on Sanitarium at Alto.

HB 269. By Messrs. Thompson and Hatchett of Meriwether:
A bill to be entitled an act to provide that the Clerk of the Superior Court of Meriwether county shall be paid a salary in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr; Pittman of Bartow County, Chairman of the Committee on Amendments to Constitution No. l, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution No. 1 have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with th~ following recommendations:
HR l7-60A. Do pass as amended.
Respectfully submitted, Pittman of Bartow, Chairman.
By unanimous consent, the following resolution of the House, favorably reported, was read the second time:

HR 17-60A. By Messrs. Kennon of Cook and Mitchell of Monroe: A resolution to redistrict the Senatorial Districts in this state to provide

MONDAY, JANUARY 29, 1945

261

fifty-four districts, and to amend paragraph 1, section 2 of article 3 of the Constitution; and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:

HB 116. By Mr. Porter of Gordon: A bill to be entitled an Act to amend the charter of the City of Calhoun to extend the territorial limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 152. By Mr. Kent of Glascock:
A bill to be entitled an Act to amend the charter of the City of Gibson by providing for four members of City Council instead of two; and for other purposes.
The report 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 154. By Mr. Banks of Lamar:
A Bill to be entitled an Act to amend the charter of the City of Barnesville to provide for a city-wide vote for members of City 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 200. By Mr. Kent of Glascock:
A bill to be entitled an Act to repeal an Act approved Feb. 16, 1943 (Ga. Laws 1943 pp. 1030-1042), establishing a Board of Commissioners of Roads and Revenues for the County of Glascock; 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 yes were 107, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 201. By Mr. Kent of Glascock:
A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Glascock; and for other purposes:
The report 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 203. By Mr. Manous of Cherokee:
A bill to be entitled an Act to fix the salary of the Clerk of the Board of County Commissioners of Cherokee 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 ~ajority was passed.

HB 209. By Mr. Pittman of Tift:
A bill to be entitled an Act to amend the charter of the City of Tifton by providin~ the levy of an additional tax for school purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed t~.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 221. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an Act to amend the charter of the City of Brunswick to provide that employees of the Brunswick-St. Simons Highway shall be included in the Pension System 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 111, the nays 0.
The bill having received the requisite constitutional majority was passed.

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263

HB 237. By Messrs. Connell and Cowart of Lowndes: A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes.
The report 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 238. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an Act to abolish the Board of Commissioners of Roads and Revenues for the County of Lowndes; and for other purposes.
The report 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. Wells of Ben Hill 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 reolutions of the House, to wit:
HB 35. HB 36. HB 39. HB 45. HB 54. HB 34. HB 127. HB 128.
HB 129. HB 131. HB 137. HB 149.

264
HB 159. HB 179. HB 189. HB 214. HB 55. HB 63. HB 65. HB 72. HB 74. HB 80. HB 82. HB 96. HB 106. HB 116. HB 152. HB 154. HB 200. HB 201. HB 203. HB 209. HB 221. HB 237. HB 238. HR 23. HR 38.

JOURNAL OF THE HOUSE,
Respectfully submitted, Virgil G. Wells, of Ben Hill, Chairman.

The following message wa$ .eceived from the Senate through Mrs. Nevin, the Secretary thereof:

MONDAY, JANUARY 29, 1945

265

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

HB 75. By Mr. Sills of Candler:

A bill to be entitled an act to amend an act creating a new charter for the

City of Metter, providing for a change in the Mayor's salary; and for

other purposes.



HB 78. By Mr. Barwick of Grady:
A bill to be entitled an act to amend the charter of the City of Cairo, providing for a city manager form oi government; and for other purposes.

HB 109. By Messrs. Hubert, Broome and McCurdy of DeKalb:
A bill to be entitled an act to amend an act creating a new charter and municipal government for the Town of Decatur by fixing the date for the election of members of the Board of Tax Asessors; and for other purposes.

HB 112. By Mr. Herrin of Echols:
A bill to be entitled an act to repeal an act providing for division of Echols county into three Commissioner's District; and for other purposes.

HB 113. By Mr. Herrin of Echols:
A bill to be entitled an act providing for the election and tenure of members of the Board of Commissioners of Roads and Revenues of Echols coupty; and for other purposes.

HB 118. By Mr. Seagraves of Madison:
A bill to be entitled an act fixing the salary of the Clerk of the Commissioner of Roads and Revenues; and for other pu1:poses.

HB 158. By Mr. Ray of Warren:
A bill to be entitled an act to amend an act entitled an <tct amending revising and consolidating acts incorporating the Town of Nor~ood, so as to provide for qualification of candidates for Mayor and Counciln..n; and for other purposes.
HB 160. By Mr. Almand of Walton:
A bill to be entitled an act to amend the ch..rter of the City of Social Circle by changing the levy of Social Circle Academy rom six mills to ten mills; and for other purposes.

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JOURNAL OF THE HOUSE,

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:

SR 5. By Senator Gould of the 4th: A resolution memorializing the Congress of the United States on the post war military establishment and the status of the National Guard.
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 122, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

SB 13. By Senator Freeman of the 22nd:
A bill to authorize the Superior Courts of this state to render declaratory judgment; to declare the effect thereof; and for other purposes.
The following amendment to SB 13 was read and adopted:
Mr. Twitty of Mitchell moved to amend SB 13 as follows:
1. By striking the words "in cases of actual controversy" immediately following the designation of "Section 1" in said bill, and by inserting in lieu thereof the words "In any case."
2. By inserting after the first section designated as "Section 7" as Sections 8 and 9, the following:
"Section 8. The enumeration in Section 7 does not limit or restrict the exercise of general powers conferred in Section 1, in any proceeding where declaratory relief is sought, in which a judgmenc or decree will terminate the controversy or remove an uncertainty.
"Section 9. Tiu court may refuse to render or enter a declaratory judgment or decree where suc{l judgment or decree, if rendered or entered, would not terminate the uncertain')' or controversy giving rise to the proceeding."
3. >:Sy striking the second designation "Section 7" and inserting m lieu thereof "Ser"Un 10."
4. By striking the designation "Section 8" and inserting m lieu thereof "Section 11."
The report of the coounittee, which was favorable to the passage of the bill, was agreed to, as aD2ended.

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On the passage of the bill, as amended, the ayes were 120, the nays 0.

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

SB 14. By Senator Gross of the 31st:
A bill to provide that the Secretary of State shall file with the Clerks of the Superior Courts of this state certified copies of all general laws within ten days after approval; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ay~s were 117, the nays 0. The bill having received the requisite constitutional majority was passed.

SB 20. By Senator Millican of the 52nd:
A bill to repeal an act approved March 10, 1937 {Acts of 1937, page 892), creating a retirement fund for teachers and employees of the Board of Education of Fulton county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0. The bill having received the requisite constitutional majority was passed.

SB 43. By Senator Welsch of the 39th:
A bill to provide deputy sheriffs of Cobb county shall be paid $2.00 per day for attendance upon courts and electior,,.: and for other purposes.
The following amendment to SB 43 was read and "<!opted:
Messrs. Dorsey and Brumby of Cobb county move to amen<'. SB 43 as follows:
By striking the word "three" in next to the last line of Section l ana ubstituting therefor the word "five," so that this sentence shall read "For attendance Ut>-.'1 elections, per day, $2.00. Provided, however, in all counties having a population qf not less than 37,000 and not more than 41,000 according to the last or any future Federal census, the deputy sheriffs shall be entitled to charge and collect the sum of five dollars per day for such attendance."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, as amended, the ayes were 103, the nays 0.

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

HB 6. By Messrs. Gowen of Glynn, Durden of Dougherty, Lewis of Hancock, Key of Jasper, Hicks of Floyd, Hubert and Broome of DeKalb, Alexander of Chatham, and Mrs. Mankin of Fulton:
A bill to be entitled an act to create a public corporation to be known as "The Georgia Bar"; and for other purposes.
By unanimous consent, further consideration of HB 6 was postponed.

HB 61. By Messrs. Dallis and Lam of Troup, Weaver of Bibb, Durden of Dougherty, and Trotter of Troup:
A bill to be entitled an act to amend an act approved March 20, 1943 (Georgia Laws 1943, pp. 424-428), by striking Section 3 thereof which requires publication of notice on application for birth certificate; 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 97, the nays 8.
The bill, having failed to receive the requisit-e constitutional majority, was lost.
Mr. Dallis of Troup gave notice that ;:~t the proper time he would move that the House reconsider its action in failing to pass HB 61.

HB 79. By Mr. Lewis of Ifancock: A bill to b.. entitled an act to provide if no quorum of the Supreme Court are in ...rtendance the justices in attendance may adjourn to a time agreed uJY'1; and for other purposes.
'fhe report of the committee, which was favorable to the passage of the bill, ,. JS 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 81. By Messrs. Hicks and Littlejohn of Floyd: A bill to be entitled an act to amend Article 2, Section 1, of the Constitution

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by providing that the Commissioners of Roads and Revenues of Floyd county may establish water and sewerage systems; and for other purposes.
By unanimous consent, further consideration to HB 81 was postponed until Tuesday, January 30th.

HB 88. By Messrs. Holleman, Shields and.Young of Muscogee:
A bill to be entitled an act to increase the salary of the solicitor general of the Chattahoochee Circuit; and for other purposes.
By unanimous consent, further consideration to HB 88 was postponed until Tuesday, January 30th.

HB 89. By Mr. Holleman of Muscogee:
A bill to be entitled an act to provide that judges of Superior Co.urts in counties having a city of more than 30,000 population may appoint a secretary; and for other purposes.
By unanimous consent, further consideration to HB 89 was postponed until Tuesday, January 30th.

HB 91. By Messrs. Young, Shields and Holleman of Muscogee:
A bill to be entitled an act to provide for compulsory school attendance of pupils between seven and sixteen years of age, to define the authority and duties of attendance officers; and for other purposes.
By unanimous consent, further consideration to HB 91 was postponed until Tuesday, January 30th.

HB 22. By Mr. Har.ris of Richmond:
A bill to be entitled an act to amend Secti on24-350l of the Code of Georgia of 1933, by increasing the membership of the Court of Appeals to seven judges and to provide that they shall sit in a body; and for uther purposes.
By unanimous consent, further consideration to HB 22 was postponed until Wednesday, January 31st.

HB 41. By Messrs. DeFoor of Mcintosh and Claxton of Camden:
A bill to be entitled an act to provide that the open season for hunting marsh hens shall he from November 20 to January 15; 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 63, the nays 71.
The bill failing to receive the requisite constitutional majority was lost.
Mr. DeFoor of Mcintosh gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 41.
The following resolutions of the House were read and adopted:

HR 41. By Messrs. Campbell of Newton and Harris of Richmond:
A resolution congratulating the people of Georgia on the progress that has been made to date in the production of livestock and livestock products in our beloved state; that we publicly commend the farmers and agencies associated with them for bringing about this fundamentai change and that we thank also the Atlanta Constitution, Radio Station WAGA, the Chamber of Commerce of Atlanta, and the livestock associations representing producers of dairy and beef cattle, sheep and swine, for sponsoring this splendid movement, designed to compliment these concerned in bringing about this great improvement and to bring additional honor and prestige to the State of Georgia.
HR 42. By Messrs. Durden of Dougherty and Gowen of Glynn:
WHEREAS: By joint resolution of the General Assembly, approved February 16, 1938, authority was given for the creation of a Hoke Smith Memorial Commission; and
WHEREAS, By an order issued on June 18, 1944, the Governor appointed to this Commission the following citizens of the state: Messrs. F. M. Bird, Chairman; Ryburn Clay, Murphey Candler, Reuben Arnold, Hugh I. Mcintyre, W. Frank
Jenkins, Harrison Jones, J. Phil Campbell, Walter S. Brown, M. D. Mobley; and
WHEREA~. This Commission reports that it has completed one part of its
task; and is prepared to present to the state a bronze plaque in honor of Hoke Smith; "ow therefore
BE IT RESOLVED by the Senate (the House concurring)
1. That the plaque of Hoke Smith, to be placed in the State Capitol, be accepted in. the name of the State of Georgia;
2. That the thanks of the General Assembly be extended to those who contribute the plaque in honor of one of the most eminent citizens of the state, illustrious for his distinguished public and humanitarian service;


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3. That the thanks of the General Assembly be extended to those also who contribute to the Hoke Smith Memorial Foundation established in honor and memory of the late Senator Hoke Smith for the purpose of promoting and fostering said educational program for Georgia and Georgia people and for providing the original gift of funds for the establishment of such a trust, which funds are held in trust by the Regents of the University System of Georgia.

HOKE SMITH
Honorable Hoke Smith was born at Newton, North Carolina, September 2, 1855, the son of H. H. Smith and Mary Brent (Hoke) Smith, a sister of General R. F. Hoke, perhaps the youngest Major General in the Confederate Army. After private schooling under his distinguished father, he moved to Atlanta in 1872 and studied law in the offices of a distinguished legal firm, being admitted to the bar in 1873, when he was less than 18 years of age. On December 19, 1883, he married Miss Birdie Cobb of Athens, the daughter of General T. R. R. Cobb, who was killed in action at Fredericksburg in the defense of the South in the War Between the States.
Honorable Hoke Smith early acquired the attributes of self-reliance through industry and the earnest acquisition of knowledge.

FIRST ENTRANCE INTO POLITICS
In 1876, at the age of 20, he made his first entrance into politics and was named chairman of the Democratic Committee of Fulton county. His first state-wide public career began when he championed the issue of moving the capital from Milledgeville to Atlanta and won. His charm of personality gripped the people .as. did also his concise, appealing arguments.

NATIONAL FIGURE
Honorable Hoke Smith became a national figure when in 1883-1892 he spoke in many states advocating tariff reforms and the election of Grover Cleveland, who appointed him in H!s second term a member of the Cabinet, Secretary of the Interior, one of the youngest men ever to hold a portfolio, but withal one of the ablest.
INCISIVE DIRECTNESS
He was an able and brilliant lawyer with the ability to present his arguments in a simple, logical, concise, forceful manner, and he had the rare talent of presenting the crux of the case with incisive directness. He was magnetic and forceful on all occasions, but his friends affirm that he was best in the heat of a political campaign, giving no quarter but carrying the battle into enemy territory with flaming zeal and indomitable courage.
GovERNOR OF GEORGIA
In 1906 he was eiected governor in one of the most bitter and spirited elections ever held in our state. He was a constructive genius. He was reelected governor for the term 1911-13. His two terms were marked by legislation of a distinctly progres-

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sive type. He accomplished more in extending the scope of social control in Georgia than any other governor in recent times. Under his leadership the General Assembly created the Highway Department and inaugurated the good-roads movement; it established the Department of Commerce and Labor; it uprooted the convict-lease system, long a reproach to the state; it passed a new suffrage law, imposing educational and property qualifications for voting; it increased the railroad commission from three to five members, and extended its jurisdiction over power, telephone, telegraph, express, street railway, and dock and wharf companies; and passed the first Southern state-wide prohibition law.
It has been pointed out that no greater reforms have been accomplished in Georgia than :

1) Enlarging the power of the railroad commission; 2) Restriction of Negro suffrage; 3) Abolition of convict lease system; 4) P'reventing the manufacture and sale of alcoholic beverages; 5) Preventing railroads from issuing free passes.

UNITED STATES SENATOR
The Legislature of 1911 had to elect a United States senator to fill the vacancy caused by the death of Honorable A. S. Clay. The Legislature elected the Honorable Hoke Smith, though he had been elected governor only a few weeks before. There were so many important measures pending before the Legislature, to the passage of which his administration was pledged, he felt it his duty to retain the governorship until the General Assembly adjourned. He was reelected for the term 1915-21.

LoYAL TO ATLANTA
While he made great contributions to the state and the nation, he was always loyal to Atlanta. He organized the group that bought the Atlanta Journal and built the Piedmont Hotel. He served as chairman of the Board of Education, and he was the moving spirit in having the Federal Reserve Bank located in Atlanta. He was a statesman, brilliant lawyer, constructive citizen, Christian gentleman, and lived such a life as to be fortified by many friendships.

THE APOSTLE OF EDUCATION
Great as has been the contribution of Honorable Hoke Smith to the upbuilding of Georgia and the nation, time forbids even the enumerating of them. He will be forever honored and remembered as one who believed in education, both on the secondary and higher levels. In the history of education of youth and adults of this nation, four outstanding acts have been passed by the Congress of the United Statesthe Morrill Act of 1862 creating colleges of agriculture and the mechanic arts; the Adams Act of 1890 creating agricultural experiment stations; the Smith-Lever Act

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273

of 1914 creating agricultural extension, the county agent, and the home demonstration agent; and the Smith-Hughes Act for vocational education, for Hoke Smith believed in giving the rural communities advantages comparable to those enjoyed by urban communities. Information given in the classrooms, and discovered in our laboratories and at our experiment stations is carried into every home in the rural sections by the county agents and the home demonstration agents. Inestimable have been the blessings made possible by both these acts-the Smith-Lever act and the Smith-Hughes act.
MEMORIAL SCHOLARSHIP FUND
Under the provisions of the Smith-Lever act, there were established also the 4-H clubs, which have had such an influence on the education of the youth of the nation. Of the approximately 1,700,000 members of these clubs, over a million are in the South, and approximately 110,000 are in Georgia, which was one of the first states to establish such clubs.
The second, and more important task of the Hoke Smith Memorial Commission, and one which they hope will never be completed, is the establishment of a large fund for providing scholarships for members of the clubs. Already a large sum has been raised.
More enduring than the bronze of the plaque which is graciously accepted today is the monument which will remain forever in the grateful memories of the thousands of boys and girls who will enjoy the privileges conferred by this memorial. His memory will be preserved forever in the two acts which bear his name. The Smith-Lever Act for agricultural extension education and the Smith-Hughes Act for vocational education.
GRATEFUL TRIBUTE
Edmund Burke once said: "The great difference between the real statesman and the pretender is that the one sees into the future, while the other regards only the present: the ones lives by the day and acts on expediency; the other acts on enduring principles and for immortality." This statement is applicable to Hoke Smith, the real statesman who acted on enduring principles for immortality.
Nearly 2,000 years ago, that great Latin poet, Horace, wrote these immortal words, which on this occasion, we apply to Hoke Smith:

Exegit monumentum aire perennius Regalique situ pyramidum altius; Quod non imber edax non Aquito impotens Possit diruere aut innumrabilis Annorum series et fuga temporem.

He has raised a monument more lasting than bronze and loftier than the royal site of the pyramids which not the carking rain, not the wild north wind can tear down, or the endless rows of years and the flight of time.

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BE IT FURTHER RESOLVED:
1. That the two Houses meet in joint session from 2:00 to 2:30 P. M. on Tuesday, the 30th day of January, 1945, for the purpose of unveiling the plaque of Hoke Smith and paying tribute to his memory.
2. That the Chair appoint a committee of this body, to act with a similar committee of the other body, to make all arrangements for this ceremony.
Mr. Kent of Glascock 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 13. HB 38. HB 7. HB 17. HB 29. HB 31. HB 37. HB 49. HB 50. HB 59.

Respectfully submitted,

Kent of Glascock, Chairman.

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.

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275

Representative Hall, Atlanta, Georgia. Tuesday, January 30, 1945.

The House met pursuant to adjournment this day at lO :.00 o'clock A. M., was called to order by the speaker and opened with scripture reading and prayer by Rev. Fred Smith of Buchanan, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, 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) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.
By unanimous consent, the following bills and/ or resolution~ of the House were introduced, read for the first time, and referred to the committees:

HB 270. By Messrs. Williams and Thrash of Coffee, Mason of Morgan, and Sears of Atkinson:
A bill to be entitled an act to amend Code Sections 5-1114 and 5-1203, pertaining to fertilizer inspections, to define what shall be a legal sample; and for other purposes.
Referred to the Committee on General Agriculture No. 2.

HB 271. By Dr. Moye of Brooks:
A bill to be entitled an act to pay the Sheriff of Brooks county a salary in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

HB 272. By Messrs. Roughton of Washington, Key of Jasper, and Hicks of Floyd:
A bill to be entitled an act to create a Board of N aturophatic Examiners and to define and regulate the practice of naturopathy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 273. By Messrs. Gowen and Gilbert of Glynn, Harrison of Wayne, Claxton of Camden, Williams of Appling, and Hinson of Jeff Davis:
A bill to be entitled an act to pay an additional salary to the judge of the Brunswick Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 274. By Mr. Arnold of Spalding:
A bill to be entitled an act to amend the charter of the City of Griffin, to provide an increase in taxes and to remove all limitations as to salaries of city officials and employees; and for other purposes.
Referred to the Committee on Municipal Government.

HB 275. By Mr. Arnold of Spalding: A bill to be entitled an act to repeal Code Section 13-2002 and substitute a new Section 13-2002 relating to qualification, residence and citizenship of bank directors; and for other purposes. Referred to the Committee on Banks and Banking.
HB 276. By Mr. Sears of Atkinson: A bill to be entitled an act to pay the sheriff of Atkinson county a salary in addition to fees; and for other purposes. Referred to the Committee on Counties and County Matters.
HB 277. By Messrs. Durden of Dougherty and Hand of Mitchell: A bill to be enittled an act to authorize the state, counties, municipalities or other subdivisions of the state, to contract with the United States for the purchase, lease or acquisition of equipment, supplies or material; and for other purposes. Referred to the Committee on Counties and County Matters.
HB 278. By Messrs. Durden of Dougherty and Hand of Mitchell: A bill to be entitled an act to provide that a written finding made by the

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277

Secretary of ~ar or the Secretary of the Navy of a death of any person shall be received in court, office or other place, as evidence of such person's death; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 279. By Messrs. Durden of Dougherty and Hand of Mitchell:
A bill to be entitled an act to repeal paragraph 3 of Code Section 4-214 and substitute a new paragraph 3 relating to powers of attorney granted by persons serving in the armed forces and to provide said powers of attorney sh~ll not be revoked by death of the principal where agent acts without actual notice of said death; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 280. By Messrs. Durden of Dougherty and Hand of Mitchell:
A bill to be entitled an act to amend an act approved March 20, 1943 (Georgia Laws 1943, pp. 421-422), by adding a new subsection (1) to provide for the acknowledgement of instruments, the attestations of documents, administration of oaths, and other notorial acts, shall be legal, valid and binding; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 281. By Messrs. Durden of Dougherty and Hand of Mitchell:
A bill to be entitled an act to amend Chapter 113-6 of the Code by adding a new Code Section providing that if subscribing witnesses to a will are absent in the armed forces, or dead or incapable of testifying, the court may admit the will to probate upon testimony of two disinterested witnesses that the signature is in the handwriting of the person making the will; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 282. By Messrs. Cates and Bargeron of Burke, Harris of Richmond, Mason of Morgan, Medders of 'Bacon, Barrett of Banks, Pettit and Pittman of
Bartow, Ramey of Chattooga, Moye of Brooks, Brunson and Mallard of Bulloch, Manous of Cherokee, Dorsey of Cobb, Smith of Emanuel, Chance of Twiggs, Crowley of McDuffie, Holbrook of Forsyth, Jennings of Sumter, Almand of ~alton, Battles of Decatur, Barwick of Grady, Holloway of Schley, Miller of Decatur, Campbell of Newton, Parham of Heard, Harri-
son of Screven, Adamson of Clayton, Thornton of Elbert, Gibson of Seminole, Sheffield of Miller, Mosley of Early, Pannell of Murray, ~ither ington of ~ilcox, Banks of Lamar, Roughton of ~ashington, Dykes of Bleckley, ~illiams of Toombs, Phillips of Columbia, McCracken of Jefferson, Underwood of Taylor, Hill and Price of Clarke, Hogg of

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JOURNAL OF THE HOUSE,

Marion, Williams of Jones, Gammage of Sumter, Giddens of Calhoun, Harrison of Jenkins, Herst of Coweta, Sills of Candler, Mrs. Mankin and Kendrick and Etheridge of Fulton, McCurdy of DeKalb, Brumby of Cobb, Herndon of Hart, Fowler of Douglas, Hubert of DeKalb, Mann of Henry, Holley of Richmond, Mitchell of Monroe, Greene of Crisp, Seagraves of Madison, and Jackson of Washington:
A bill to be entitled an act to provide a different method for the distribution of gasoline tax revenues to the various counties; and for other purposes.
Referred to the Committee on Public Highways No. 2.

HB 283. By Messrs. Cates and Bargeron of Burke:
A bill to be entitled an act to amend the General Appropriation Act, effective July l, 1945, by striking the figures $4,300,000.00 for county road construction and substitute the figures $4,810,846.70; and for other purposes.
Referred to the Committee on Appropriations.

HB 284. By Messrs. Hinson and Williams of Ware, Connell of Lowndes, and Thrash of Coffee:
A bill to be entitled an act to prevent waste and to foster, encourage and provide conservation of crude oil and natural gas and protect the vested, co-equal or correlative rights of owners of crude oil or natural gas, and to create an Oil and Gas Commission; and for other purposes.
Referred to the Committee on Conservation.

HB 285. By Mr. Willis of Irwin:
A bill to be entitled an act to fix the salaries of the Commissioners of Roads and Revenues and the clerk of the board in Irwin county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 286. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act to fix the salary of the coroner of Cobb county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 287. By Messrs. Hardy and Lancaster, of Hall
A bill to be entitled an act to amend the charter of the City of Gainesville so as to fix the compensation for members of the city commission; and for other purposes.

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279

Referred to the Committee on Municipal Government.

HB 288. By Messrs. Alexander, McNall and Connerat of Chatham, Gilbert and McGowen of Glynn:
A bill to be entitled an act to repeal existing laws relating to pilotage and to provide for the creation of pilotage commissions in the several ports in this State; to provide for licensing and retirement of pilots, and for other purposes.
Referred to the Committee on General Judiciary No. 2.

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

Mr. Speaker:
Your Committee on Fish and Game have 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 249. Do Pass. HB 250. Do Pass.

HB 251. Do Pass.

HB 247. Do Pass.

Respectfully submitted,

McNall of Chatham,



Chairman.

Mr. Pittman of Bartow 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 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 187. Do Pass.

Respectfully submitted,

C. C. Pittman of Bartow, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Pittman, of Bartow 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 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 22-114A. Do Pass.
Respectfully submitted,
Pittman of Bartow, Chairman.

Mr. Arnall of Coweta County, chairman of the committee on ways and means, submitted the following report:
Mr. Speaker:
Your committee on ways and means have 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 5. Do Pass by Substitute.
HB 34. Do Pass by Substitute.
Respectfully submitted, Arnall of Coweta,

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

HB 34. By Mr. Harris of Richmond:
A bill to be etintled an act to provide a tax of 6c per gallon on kerosene when used as motor fuel; and for other purposes.

HB 187. By Messrs. Hinson of Jeff Davis, Cowen and Gilbert of Glynn, Claxton of Camden, Harrison of Wayne and Williams of Appling:
A bill to be entitled an act to amend the Constitution, Article VI, Section XIII, by providing counties in the Brunswick Judicial Circuit shall pay a salary to the Judge in addition to that paid by the State; and for other purposes.

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281

HB 239. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to increase the official bond of the Sheriff of Mitchell County, Georgia, to Ten Thousand Dollars, to authorize the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, to pay the premiums on such bond, under certain conditions, to repeal all conflicting laws; and for other purposes.

HB 240. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to amend an act creating the City Court of Camilla, approved August 17, 1905, and all acts amendatory thereof, and particularly section 8 of said act, so as to provide that the bond of the Sheriff of the City Court of Camilla shall likewise be responsible for the faithful discharge of his duties when acting as Sheriff of the Cit yCourt of Pelham, and to provide for payment of premiums on such bonds when written by an acceptable indemnity company, by the Board of Commissioners of Roads and Revenues of Mitchell county, Georgia, under certain conditions; and for other purposes.
HB 244. By Mr. Hefner of Pickens:
A bill to be entitled an act to authorize and direct proper officials in all counties in the State of Georgia having a population of not less than 9,130 nor 'more than 9, 140, to pay to the Clerk of the Superior Court, Ordinary and Sheriff of said counties the sum of $50.00 per month each in addition to the fees and compensations now paid to said officers; and for other purposes.
HB 245. By Mr. Hefner of Picken~:
A bill to be entitled an act to amend an act entitled "An Act to create the office of Commissioner of Roads and Revenues of Pickens County," by striking the figures "$1,800" in section 6 of said act, pertaining to the salary of said Commission, and substituting in lieu thereof the figures "$2,400.00"; and for other purposes.
HB 247. By Messrs. 1\:lcNall,Alexander and Connerat of Chatham and Gowen of Glynn:
A bill entitled an act to regulate the commercial collection of oysters and to provide for health certificate; and for other purposes.
HB 249. By Messrs. McNall, Alexander and Connerat of Chatham:
A bill to be entitled an act to amend section 42-210 to provide that license fees levied on commercial fishing boats shall run from January 1 to December 31 of each year; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 250. By Messrs. McNall, Alexander and Connerat of Chatham:
A bill to be entitled an act to provide the manner and method of handling and shipping oysters in the shell; and for other purposes.

HB 251. By Messrs. MeN all, Alexander and Connerat of Chatham:
A bill to be entitled an act to authorize the State Game and Fish Commission to purthase an airplane to patrol coastal waters; and for other purposes.

HB 258. By Mr. Nicholson of Oconee:
A bill to be entitled an act to fix a salary for the Sheriff of Oconee County in addition to fees; and for other purposes.

HB 265. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide a pension fund for permanent employees of the County of Richmond; and for other purposes.
HR 22-114A. By Messrs. Jennings of Sumpter, Lovett of Laurens, Pennington of Wilkinson, Chance of Twiggs, Rowland of Johnson, DuPree of P'ulaski, Alexander of Carroll, Gammage of Sumter, Lewis of Hancock, Williams of Jones, Hall of Truetlen, Roughton of Washington, Adams of Wheeler, Hinson of Jeff Davis, Overby of Stewart, Morrison of Montgomery, Black of Webster, Seers of Atkinson, Herrin of Echols, Medders of Bacon, O'Sheal of Worth, Strickland of Pike, Dallis of Troup, Twitty of Mitchell, Sumner of Worth, Hooks of Emanuel, Jackson of Washington, Moye of Randolph, DeFoor of Mcintosh, Battles of Decatur, Gary of Quitman, Greene of Crisp, Ansley of Lee, Jennings of Terrell, Gavin of Clay, Hefner of Pickens, Malone of Laurens, Brunson and Mallard of Bulloch, and Whaley of Telfair:
A resolution proposing a new section to the Constitution providing "The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union, or labor organization"; and for other purposes.

SB 5. By Senators Gross of the 31st and McGinty of the 43rd:
A bill to be entitled an act to repeal in its entirety section 92-108 of the Code of Georgia of 1933, relating to the levy and collection of poll tax for educational purposes; and for other purposes.
Mr. Wells of Ben Hill County, Chairman of the Committee on Engrossing, submitted the following report:

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283

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

HB 79. HR 42.

Respectfully submitted,
Virgil G. Wells, of Ben Hill, Chairman.

Mr. Baker of Floyd requested that his name be stricken as co-author of HB 148.
Mr. Dallis of Troupe moved that the House reconsider its action in failing to pass the folowing bill of the House:

HB 61. By Messrs. Dallis and Lam of Troup, Weaver of Bibb, Durden of Dougherty and Trotter of Troup. A bill to be entitled an act to amend an act approved March 20, 1943 (Ga. Laws 1943, pp. 424-428) by striking section 3 thereof which requires publication of notice on application for birth certificate; and for other purposes.
On the motion to reconsider House Bill61, the ayes were 117, the nays 13.
The motion to reconsider House Bill 61 prevailed and the bill was placed at the foot of the calendar.
Mr. Sills of Camden County, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters have 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 239. Do Pass HB 240. Do Pass HB 244. Do Pass HB 245. Do Pass



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HB 258 .Do Pass HB 265. Do Pass

Respectfully submitted,
F. H. Sills of Camden, Chairman.

Mr. DeFoor of Mcintosh moved that the House reconsider its action in failing to pass the following bill of the House:
HB 41. By Messrs DeFoor of Mcintosh and Claxton of Camden. A bill to be entitled an act to provide that the open season for hunting mash hens shall be from November 20 to January 15; and for other purposes.
On the motion to reconsider HB 41, the ayes were 61, the nays 71, and the motion was lost.
The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House, to-wit:

HR 42. By Messrs. Durden of Dougherty, Gowen of Glynn.
A resolution resolving that the two Houses meet in JOmt session from 2 :00 to 2:30 p. m., on Tuesday, the 30th day of January, 1945, for the purpose of unveiling the plaque of Hoke Smith and paying tribute to his memory.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 9. By Senators Harrell of the 7th, Freeman of the 22; and others:
A bill to be entitled an act providing for the making of procedure and practice in the courts of this state simpler; and for other purposes.

SB 12. By Senators Harrell of the 7th, Gross of the 31st; and others:
A bill to be entitled an act creating a Judicial Council for the State of Georgia; and for other purposes.



TUESDAY, JANUARY 30, 1945

285

SB 22. By Senator Peebles of the 18th:
A bill to be entitled an act providing for the admissibility in evidence in all actions for the condemnation of real property, value of comparable properties; and for other purposes.

SB 16. By Senators Freeman of the 22nd, Harrell of the 7th; and others: A bill to be entitled an act providing for the service of process, summonses and notices in this state ; and for other purposes.
SB 23. By Senators Wellborn of the 40th, Grayson of the 1st; and others: A bill to be entitled an act making an equitable distribution between the State of Georgia and the local governments therein of payments received from the Tennessee Valley Authority; and for other purposes.
SB 28. By Senator Shedd of the 3rd: A bill to be entitled an act to require the State Merit Council to remove from office any county welfare director who has falsified her application; and for other purposes.
SB 35. By Senator Mavity of the 44th: A bill to be entitled an act authorizing the Ordinary, Board of Commissioners of Roads and Revenue, or other taxing authorities in counties having a population of not less than 29,000 and not more than 35,000, according to the 1940 Federal census to levy an annual tax of not more than one mill; and for other purposes.
SB 40. By Senator Millican of the 52nd: A bill to be entitled an act amending Paragraph 4 of Section 97-303 of the Code of Georgia of 1943, defining Class B securities under the
Georgia Securities Law; and for other purposes.
SB 51. By Senators Gross of the 31st, and Minchew of the 5th. A bill to be entitled an act authorizing the State Department of Public Welfare to accept and disburse Federal Grant-in-aid funds for welfare purposes; and for other purposes.
SB 53. By Senator Peebles of the 18th.
A bill to be entitled an act to amend an act entitled an act fixing the salary of the treasurer of Glascock County, providing for the payment thereof; and for other purposes.

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SB 56. By Senator Holsenbeck of the 27th:
A bill to be entitled an act providing for a change in time of holding the Superior Court of Barrow County; and for other purposes.

SB 76. By Senator Edenfield of the 2nd:
A bill to be entitled an act to abolish the city court of Darien; and for other purposes.

SB 79. By Senator Drake of the 8th:
A bill to be entitled an act providing additional regulations for the reregistration of voters in Seminole county; and for other purposes.

SB 80. By Senator Drake of the 8th:
A bill to be entitled an act authorizing the c1t1zens of Seminale county to fish in Spring Creek; and for other purposes.

SB 81. By Senator Drake of the 8th:
A bill to be entitled an act providing five district trustees for the Spring Creek Consolidated School District of Seminole County; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House, to-wit:

HR 7. By Mrs. Guerry of Macon: A resolution authorizing the Governor to reconvey a tract of land to Macon County which was deeded to the State by Macon County.
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bill and resolution of the House, to-wit:

HB 3. By Messrs. Harris of Richmond, Durden of Dougherty, Gowen of Glynn; and others:
A bill to be entitled an act providing that any real estate owned or acquired by the State of Georgia be improved with funds appropriated for a state department; and for other purposes.

TUESDAY, JANUARY 30, 1945

287

HR 15. By Messrs. Fortson of Wilkes and Brumby of Cobb:
A resolution permitting members of the military forces of the United State and residents of this State to operate motor vehicles during the time they are on furlough without procuring a driver's license.

Under the regular order of business, the following bill and resolution of

the House were taken up for consideration, read the third time and placed upon

their passage:



HB 73. By Mr. Price of Clarke:
A bill to be entitled an act to create a War Veterans' Memorial Building Commission; to provide the powers and duties of such commission; and for other purposes.
By unanimous consent, HB 73 was postponed until Monday, February 5th.

HR 17-60A. By Messrs. Kennon of Cook, Mitchell of Monroe, Willoughby of Clinch and Gaskins of Berrien.
A resolution to redistribute the Senatorial Districts in this state to provide fifty-four districts, and to amend paragraph 1, section 2 of article 3 of the Constitution; and for other purposes.
By unanimous consent, HR 17-60A was carried over as unfinished business of the day.
The speaker presented to the House Hon. M. R. Asworth, publisher of the Columbus Enquirer-Ledger newspapers.
Mr. Durden of Dougherty, asked unanimous consent that the House recess until 2:00 o'clock p. m., pursuant to the provisions of HB 42, to reconvene in joint session of General Assembly for the purpose Of unveiling a plaque in honor of the late Hon. Hoke Smith.
The request was granted.
The speaker announced that the House recess until 2:00 o'clock.
The General Assembly convened in joint session in the Rotunda on the first floor in the Capitol and after presentation of the plaque by Hon. F. M. Bird, chairman of the Hoke Smith Memorial Foundation, his Excellency, the Governor accepted the plaque in behalf of the people of Georgia and memorialized the late Hon. Hoke Smith.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

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Representative Hall, Atlanta, Georgia Wednesday, January 31, 1945.

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 scripture reading and prayer by the chaplain.

The speaker recognized the presence m the gallery of the Senior Government Class of the LaGrange High School.

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

Adams Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Baker Banks Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Burch Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton

Connell Conner at Cowart Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Garrison Gary Gaskins Gavin Gibson Giddens Gilbert Glisson Gowen Greene Greer Griswell

Guerry Guyton Hall Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kelley Kendrick

WEDNESDAY, JANUARY 31, 1945

289

Kenimer Kennon Kent Key King Knabb Lam 'Lancaster Lane Lewis Littlejohn Livingston Looper Lovett Maund McCracken McCurdy McNall
Mallard Malone Mankin Mann of Henry Mann of Roridale Manous Mason Massey Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Morrison Mosley

Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Odom Oliver O'Sheal Overby Parham Parks Pannell Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray Riddles purger Richie Rossee Roughton Rowland Sapp Seagler Seagraves Sears Sheffield

Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young Mr. Speaker

Mr. Evitt of Catoosa, Chairman of the Con~mittee on Journals reported :hat the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

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

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JOURNAL OF THE HOUSE,

(4) Second reading of bills and resolutions favorably reported. (5) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.

Mr. Adams of \Vheeler, asked unanimous consent that HB 254 be withdrawn

from the Committee of Ways and Means and referred to the Committee on Motor

Vehicles. The uninimous consent was not granted.

'

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

HR 43. 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 beginning immediately, to-wit:
HB 188. Solicitor General's Salary. SB 5. Poll Tax Repeal.

The following mesages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requiSite constitutional majority the following bills and resolutions of the Senate, to-wit:

SB 64. By Senator Greene of the 21st:
A bill to be entitled an act prohibiting the resale of cemetary lots for profit; and for other purposes.

SB 73. By Senators Gross of the 31st, Nix of the 32nd, and others:
A bill to be entitled an act amending an act providing for the appointment of fertilizer inspectors, defining their duties; and for other purposes.

SR 17. By Senators Norton of the 33rd, and Wellborn of the 40th:
A resolution providing for the committee of three from the Senate and five from the House to be appointed by the presiding officers to investigate and make recommendations on the conditions of the State Tuberculosis Sanatorium at Alto.
The President has appointed on the part of the Senate as members of the committee the following members of the Senate, to-wit:
Senators Bennett of the 17th, Brown of the 6th and Norton of the 33rd.

WEDNESDAY, JANUARY 31, 1945

291

Mr. Speaker:
The Senate has agreed to the House amendments to the following bills of the Senate, to-wit:

SB 43. By Senator Welsch of the 39th:
A bill to be entitled an act amending Section 5998 of the 1910 Code of Georgia, providing for compensation of deputy sheriffs for attendance upon certain courts and elections; and for other purposes.

SB 7. By Senator Millican of the 52nd:
A bill to be entitled an act regulating the sale of secondhand watches; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate, to-wit:

SB 6. By Senators Gross of the 31st, and Millican of the 52nd:
A bill to be entitled an act amending an act declaring certain days as public and legal holidays; and for other purposes:.
The Senate has disagreed to the House amendment to the following bill of the Senate, to-wit:

SB 13. By Senators Freeman of the 22nd, Harrell of the 7th; and others. A bill to be entitled an act authorizing Superior Courts of this State to render declaratory judgments; and for other purposes.
Requests that a committe eof conference be appointed; and the President has appointed on the part of the Senate the following members of the Senate, to-wit:
Senator Sabados of the lOth, Harrell of the 7th and Freeman of the 22nd.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read for the first time, and referred to the committees:

HB 289. By Messrs. Durden and Sapp of Dougherty:
A bill to be entitled an act to authorize municipalities to establish and maintain post-war public works reserve funds, to provide funds for such reserves; and for other purposes.
Referred to the Committee on Municipal Government.

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JOURNAL OF THE HOUSE,

HB 290. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend the act creating the Atlantic States Marine Fisheries Commission by striking Section 6 and substituting a new section to provide for payment of expenses of the members from Georgia; and for other purposes.
Referred to the Committee of Appropriations.

HB 291. By Mr. Dorsey of White:
A bill to be entitled an act to fix the salary of the chairman and clerk of the Board of Commissioners of Roads and Revenues of White County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 292. By Mr. Dorsey of White:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver and create the office of tax commissioner of White County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 293. 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.
Referred to the Committee on Counties and County Matters.

HB 294. By Mr. Overby of Stewart:
Abill entitled an act to fix the salary of the tax commissioner of Stewart County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 295. By Mr. Parham of Heard:
A bill entitled an act to create the office of Commissioner of Roads and Revenues of Heard County, effective January 1, 1949; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 296. By Messrs. Bargeron and Cates of Burke: A bill to be entitled an act to amend the charter of the City of Waynes-

WEDNESDAY, JANUARY 31, 1945

293

boro to authorize Mayor and Council to sell property belonging to said municipality; and for other purposes.
.Referred to the Committee on Municipal Government.

HB 297. By Messrs. Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend Code Section 92-2510 by inserting in the third line of said section between the words "assets" and "are," the words "exclusive of Government War Bonds"; and for other purposes.
Referred to the Committee on Insurance.

HB 298. By Messrs. Weaver and Bloodworth of Bibb, and Marion Ennis of Baldwin:
A bill to be entitled an act to provide for the release or relinquishment of powers of appointment, general or special, whether exercisable by deed, will, or otherwise, whether reserved by the holder of such power are conferred upon such holder by another; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 299. By Messrs. Harrison of Jenkins and Price of Clarke:
A bill to be entitled an act to establish a standard of efficiency for shorthand reporters and provide for an examination; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 300. By Mr. Arnold of Spalding:
A bill to be entitled an act to make it unlawful for any bank to acquire directly or indirectly a majority of the outstanding capital stock of any other bank in this State; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 301. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to authorize the Griffin-Spalding County Hospital Authority to spend or invest any monies received from any source; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 302. By Mr. Campbell of Newton:
A bill to be entitled an act to fix the salary of the treasurer of Newton County; and for other purposes. Referred to the Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

HB 303. By Messrs. Nicholson of Oconee, Hefner of Pickens, McNall of Chatham, Greer of Lanier, DuPree of Pulaski and Chance of Twiggs:
A bill to be entitled an act to provide a veteran of World War I who was in the final semester of his senior dental college and a member of the Georgia National Guards may be licensed as a dentist upon recommendation of the Board; and for other purposes.
Referred to the Committee on Veteran Affairs:

HB 304. By Mr. Bloodworth of Houston:
A bill to be entitled an act to amend the charter of the City of Perry extending the city limits; and for other purposes. Referred to the Committee on Municipal Government.

HB 305. By Messrs. Underwood of Taylor and Kenimer. of Harris:
A bill to be entitled an act to fix the time for holding the Superior Court in Taylor and Harris Counties; and for other purposes. Referred to the Committee on Special Judiciary.

HB 306. By Messrs. Livingston and Lane of Polk, Sumner of Worth, Hicks of Floyd, Strickland of Upson and Matthews of Paulding:
A bill to be entitled an act to direct that the State Medical College shall prefer Georgia citizens in the enrollment of students; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 307. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize insurance companies to loan 66 2/3% of the value on property instead of SO%; and for other purposes.
Referred to the Committee on Insurance.

HB 308. By Messrs. Smith and Hooks of Emanuel, Ray of Warren, Alexander Connerat and MeN all of Chatham, Bargeron of Burke, Harrison of Screven, Moye of Randolph, Phillips of Columbia, McCracken of J efferson, Brooke and Britton of Whitfield, Williams of Toombs and Dykes of Bleckley:
A bill to be entitled an act to prescribe conditions and regulations for common carriers by aircraft and to give the Georgia Public Service Commission jurisdiction and regulatory powers and to designate this as the Georgia Air Commerce Act; and for other purposes.
Referred to the Committee on Aviation.

WEDNESDAY, JANUARY 31, 1945

295

HB 309. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta so as to increase the contribuition of firemen and policemen to the pension fund; and for other purposes.
Referred to the Committee on Municipal Government.

HB 310. By Messrs. Hooks and Smith of Emanuel:
A bill to be entitled an act to provide that the Board of Commissioners of Roads and Revenues of Emanuel County shall fix the salary of the clerk of the Board ; and for other purposes:
Referred to the Committee on Counties and Conty Matters.

HB 311. By Messrs. Hooks and Smith of Emanuel:
A bill to be entitled an act to provide that the Board of Commissioners of Roads and Revenues of Emanuel County may elect their own clerk; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 312. By Mr. Griswell of Gwinnett.
A bill to be entitled an act to provide a salary for the sheriff of Gwinnett County in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 313. By Mr. Williams of Jones:
A bill to be entitled an act to provide a salary for the sheriff of Jones County in addition to fees; and for other purposes. Referred to the Committee on Counties and County Matters.

HB 314. By Mr. Looper of Dawson:
A bill_ to be entitled an act to provide a salary for the sheriff of Dawson County in addition to fees; and for other purposes.
Rderred to the Committee on Counties and County Matters.

HB 315. By Mr. McNall of Chatham:
A bill to be entitled an act to require any retail business to issue a receipt for any item sold when requested by the purchaser; and for other purposes.
Referred to the Committee on State of Republic.

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JOURNAL OF THE HOUSE,

HIS 316. By Mr. Ramey of Chatooga:
A bill to be entitled an act to provide that a second primary shall be held
in Chatooga County where a candidate for any county office does not receive a majority of the votes cast; and for other purposes.
Referred to the Committee on Privileges and Elections.

HR 44-298A. By Mr. Weaver of Bibb:
A resolution nominating Sidney Lanier to the Hall of Fame of New York: University, and for other purposes.
Referred to the Committee on Historical Research.

HB 317. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend the charter of the City of Homerville to provide for the term of the Mayor and Aldermen and the ~ethod of electing them, and for other purposes.
Referred to the f:ommittee on M 'lricipal Government.

Mr. Wells of Ben Hill County, Chairman of the Cpmmittee 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 188.

Respectfully submitted, Virgil G. Wells of Ben Hill, Chairman.

Mr. Bloodworth of Bibb 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 42. Do Pass SB 47. Do Pass SB 49. Do Pass SB 46. Do Pass

WEDNESDAY, JANUARY 31, 1945

297

SB 45. Do Pass

Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Pannell of Murray County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary 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 217. As amended by substitute, Do Pass HB 147. Do Pass as amended SB 36. Do Pass HB 246. Do Pass HB 268. Do Pass. HB232. Do Pass HB 223. Do Pass HB 273. Do Pass
Respectfully submitted, P'annell of Murray, Chairman.

Mr. Lewis of Hancock 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 236. Do Pass by Substitute
HB 220. Do Pass
HB 110. Do Not Pass
Respectfully submitted, John Lewis of Hancock, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Swint of Spalding 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 270. Do Pass

Respectfully submitted, A. J. Swint of Spalding, Chairman.

Mr. Culpepper of Fayette County, Chairman of the Committee on Amendments to Constitution No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution No. 2 have had under consideration the following resolution of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:
HR ll-19C. Do Pass as Amended
Respectfully submitted, Mr. Culpepper of Fayette, Chairman.

Mr. Bloodworth of Bibb 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 248. Do Pass HB 253. Do Pass HB 148. Do Pass HB 274. Do Pass. HB 263. Do Pass HB 260. Do Pass HB 259. Do Pass

WEDNESDAY, JANUARY 31, 1945

299

HB 264. Do Pass HB 243. Do Pass. SB 62. Do Pass SB 67. Do Pass SB 48. Do Pass

Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Fortson of Wilkes 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 175. Do Pass

Respectfully submitted, Fortson of Wilkes, 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 of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:
HB 178. Do Not Pass
Respectfully submitted, Adams of Wheeler, Chairman.

Mr. Cheshire of Colquitt County, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. Speaker:
Your Committee on P'ublic Welfare have had under consideration the following

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JOURNAL OF THE HOUSE,

bills of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:
HB 228. Do Pass HB 229. Do Pass
Respectfully submitted, Cheshire of Colquitt, Chai,rman.

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

HB 148. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to be entitled an act to amend the charter of the City of Rome by extending the City Limits; by increasing the tax limit from two and oneforth to two and one-half per cent; to provide certain retirement pay to city employees; and for other purposes.

HB 147. By Messrs. Arnold of Spalding and Arnall of Coweta:
A bill to be entitled an act to amend Title 46 of the Code by adding a new section providing that state, county, city or town officials and employees may be garnisheed; and for other purposes.

HB 175. By Messrs. Rossee of Putnam, Oden of Pierce and Moye of Brooks:
A bill to be entitled an act to amend a Uniform Narcotic Drug Act by including isonipecaine and giving a definition of same; and for other purposes.

HB 217. By Mr. Bloodworth of Houston:
A bill to be entitled an act to change the time for holding of the Superior Court of Houston County, and for other purposes.

HB 220. By Mesrs. Williams of Jones, Lovett of Laurens, Lewis of Hancock and Hogg of Marion:
A bill to be entitled an act to provide that the Attorney General shall determine and appoint the number of assistant Attorneys General he deems necessary without the approval of' the Governor; and for other purposes.

HB 223. By Mr. Ray of Warren:
A bill to be entitled an act to change the time for holding Warren Superior Court; and for other purposes.

WEDNESDAY, JANUARY 31, 1945

301

HB 228. By Mr. Marion Ennis of Baldwin:
Abill entitled an act to provide a pension system for employees of the State of Georgia; and for other purposes.

HB 229. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide a merit system for employees of the state, county and city-county departments of Public Health; and for other purposes.

HB 232. By Mr. Matthew of Peach:
A bill to be entitled an act to amend Code Section 24-3406 to require a deposit of $10.00 as cost upon the filing of all divorce suits; and for other purposes.

HB 236. By Messrs. Hatchett and Thompson of Meriweather, Trotter, Dallis and Lam of Troup:
A bill to be entitled an act to require a deposit of $20.00 upon filing of each divorce suit in this State as cost; and for other purposes.

HB 243. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act to amend an act incorporating the Town of Lake Park, in Lowndes County Georgia, (Acts 1897, page 250) so as to authorize the governing authorities of said Town to close or dispose of certain property heretofore laid out and designated for street purposes; and for other purposes.

HB 246. By Mr. Seagraves of Madison: A bill to be entitled an act to provide for the holding of four terms of the Superior Court of Madison County; and for other p~rposes.

HB 248. By Messrs. McNall, Alexander and Connerat of Chatham:
A bill to be entitled an act to amend the charter of the Town of Savannah Beach to provide for the assessment of y,( of 1 per cent of the value of real and personal property for. maintaining a sea wall; and for other purposes.

HB 253. By Mr. Adamson of Clayton:
A bill to be entitled an act to change the name of the City of Marrow in Clayton County to the City of Morrow; and for other purposes.

HB 259. By Messrs. Holley, King and Harris of Richmond:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to strike from the charter of Augusta that portion which regulates the salary of the Mayor by striking the words "Nor exceed the sum of $5,000.00"; and for other purposes.

HB 260. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to provide that the Mayor may be eligible to succeed himself one time; and for other purposes.

HB 264. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide a minimum salary for members of the fire department of the City of Augusta;" and for other purposes.

HB 268. By Mr. Seagraves of Madison:
A bill to be entitled an act to abolish the City Court of Danielsville; and for other purposes.

HB 270. By Messrs. Williams and Thrash of Coffee, Mason of Morgan and Sears of Atkinson:
A bill to be entitled an act to amend Code Sections 5-1114 and 5-1203, pertaining to fertilizer inspections, to define what shall be a legal sample; and for other purposes.
HB 273. By Messrs. Gowen ~nd Gilbert of Glynn, Harrison of Wayne, Claxton of Camden, Williams of Appling and Hinson of Jeff Davis:
A bill to be entitled an act to pay an additional salary to the Judge of the Brunswick Judicial Circuit; and for other purposes.

HB 274. By Mr. Araold of Spalding:
A bill to be entitled an act to amend the charter of the City of Griffin, to provide an increase in taxes and to remove all limitations as to salaries of city officials and employees; and for other purposes.

HR 11-19C. By Messrs. Harris of Richmond, Durden of Dougherty, Culpepper of Fayette, Hand of Mitchell, Go.wen of Glynn, McCracken of Jefferson and Arnold of Spalding:
A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes.

SB 36. By Senators Wellborn of the 40th, Minchew of the 5th and Edenfield of the 2nd:

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303

A bill to be entitled an act to provide that sheriffs of this State shall be paid the sum of fifty cents for serving each juror, grand or traverse, drawn to serve at any term of any city or superior court; and for other purposes.

SB 42. By Senator Brown of the 6th:
A bill to be entitled an act to amend the charter of the City of Nashville to provide for zoning ordinances; and for other purposes.

SB 45. By Senators Grayson of the 1st and Gross of the 31st:
A bill to be entitled an act to amend the charter of the City of Savannah so as to provide for a :Mayor's pension; and for other purposes.

SB 46. By Senators Grayson of the 1st and Gross of the 31st:
A bill to be entitled an act to provide that the Mayor and Aldemen of the City of Savannah shall have the right to close any part or all of Duffy Street Lane and Henry Street Lane; and for other purposes.

SB 47. By Senators Grayson of the 1st and Gross of the 31st:
A bill to be entitled an act to amend the charter of the City of Savannah to provide by ordinance for a Savannah Airport Commission to administer, maintain and operate municipally owned airports; and for other purposes.

SB 48. By Senators Grayson of the 1st and Gross of the 31st:
A bill to be entitled an act to amend the charter of the City of Savannah authorizing the Mayor and Aldermen to create an Industrial and Domestic Water Supply Commission; and for other purposes.

SB 49. By Senator Grayson of the lst:
A bill to be entitled an act to amend the charter of the City of Savannah to increase the salary or compensation of the members of the Board of Aldermen; and for other purposes.

SB 62. By Senator Millican of the 52nd:
A bill to be entitled an ah to amend the charter of the City of Atlanta to provide the Mayor and Council can sell to Atlanta Post No. 1 of the American Legion the land on which the American Legion Home now stands at Piedmont P'ark; and for other purposes.

SB 67. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta by extending the city limits to include parts of land lots (3), Fifty (50), (51), (56), and (57); and for other purposes.

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The speaker presented to the House Hon. Warren Sewell of Bremen, Ga., who has for several years been attached to the fish and game program of Georgia.

The speaker recognized in the gallery the ninth grade Civics Class of the Smyrna High School of Cobb County.

By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 239. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to increase the official bond of the Sheriff of Mitchell County, Georgia, to Ten Thousand Dollars, to authorize the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, to pay the premiums on such bond, under certain conditions, to repeal all 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 104; the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 240. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to amend an act creating the City Court of Camilla, approved August 17, 1905, and all acts amendatory thereof, and, particularly Section 8 of said act, so as to provide that the bond of the Sheriff of the City Court of Camilla shall likewise be responsible for the faithful discharge of his duties when acting as Sheriff of the City Court of Pelham, and to provide for payment of premiums of such bonds, when written by an acceptable indemnity company, by the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, under certain condition; and for other purposes.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were lOS; the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 245. By Mr. Heffner of Pickens:
A bill to be entitled an act to amend an act entitled "An Act to create the office of Commissioner of Roads and Revenues of Pickens County," by striking the figures "$1,800" in Section 6 of said act, pertaining to the salary of said Commissioner, and substituting in lieu thereof the figures "$2,400.00"; and for other purposes.

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305

The report 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 258. By Mr. Nicholson of Oconee:
A bill to be entitled an act to fix a salary for the Sheriff of Oconee county; and for other purposes.
The report of. the committee, which was favoable 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 265. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide a pension fund for permanent employees of the County of Richmond; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108; the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following bills and resolutions of the Senate were introduced, read for the first time, and referred to the committees:

SB 9. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st:
A bill to be entitled an act to provide for making of procedue and practice in the courts of this State simpler by vesting in the Justices of the Supreme Court to power to adopt, modify and repeal rules of procedure; and for other purposes.
Referred to the Committee ~n General Judiciary No. 2.

SB 12. By Senators Harrell of the 7th, Gross of the 31st, Grayson of the 1st and Freeman of the 22nd.
A bill to be entitled an act to create a Judicial Council composed of the Chief Justice and a Justice of the Supreme Court, the Chairman of J udiciary Committee No. 1 of the House and. Senate, a Judge of the Court of Appeals, two trial judges, five lawyers and three laymen; and for other purposes.

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Referred to the Committee on General Judiciary No. 2.

SB 16. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st, and Grayson of the 1st:
A bill to be entitled an act to provide for the service of process, summonses and notices by using duplicate originals in counties other than where the case is pending; and for other purposes.
Referred to the Committee on General Judiciary No. 2.
SB 22. By Senator Peebles of the 18th:
A bill to be entitled an act to provide for the admissability in evidence in all actions for the condemnation of real property of evidence as to the value of other comparable properties in all events and under all circumstances; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

SB 23. By Senators Wellborn of the 40th, Grayson of the 1st, Norton of the 33rd and Stone of the 15th:
A bill to be entitled an act to provide an equitable distribution between the State and local governments of payments received from the Tennessee Valley Authority in lieu of taxes; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 28. By Senator Shedd of the 3rd:
A bill to be entitled an act to require the State Merit Council to remove from office any county welfare director who has falsified her application for examination in any particular; and for other purposes.
Referred to the Committee on Public Welfare.

SB 35. By Senator Mavity of the 44th.
A bill to be entitled an act to authorize the levy of a tax of one mill m Walker County to establish public libraries; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 40. By Senator Millican of the 52nd:
A bill to be entitled an act to amend paragraph (4) of Section 97-303 of the Code of 1933, defining class "B" Securities by inserting the word "to" between the words "or" and "any other corporation," in the fifth line of said paragraph; and for other purposes.

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307

Referred to the Committee on Banks and Banking.

SB 51. By Senators Gross of the 31st and Minchew of the 5th:
A bill to be entitled an act authorizing the State Department of Public Welfare to accept and disburse Federal grant-in-aid funds to the fullest extent; authorizing the department to comply with all requirements prescribed by Congress for this purpose; and for other purposes.
Referred to the Committee on Public Welfare.

SB 53. By Senator Peebles of the 18th:
A bill to be entitled an act to fix the salary of the treasurer of Glascock County; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 56. By Senator Holsenbeck of the 27th:
A bill to be entitled an act to provide for a change in time of holding the Superior Court of Barrow County; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 64. By Senator Greene of the 21st:
A bill to be entitled an act to prohibit any person, firm or corporation from selling cemetary lots or mausoleum space upon the promise, representation or inducement to the purchaser that the same may be resold at a profit; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 73. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the 25th, Holsenbeck of the 27th, Cook of the 42nd and Chastain of the 41st:
A bill to be entitled an act to provide for the appointment of Fertilizer Inspectors and that the tenure in office shall be at the discretion of the Commissioner of Agriculture; and for other purposes.
Referred to the Committee on General Agriculture No. 2.

SB 76. By Senator Edenfield of the 2nd:
A bill to be entitled an act to abolish the City Court of Darien; and for other purposes.
Referred to the Committee on Special Judiciary.

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SB 79. By Senator Drake of the 8th:
A bill to be entitled an act to provide for new registration books for the voters of Seminole County and to provide all persons must re-registrer before January 1, 1946; and for other purposes.
Referred to the Committee on P'rivileges and Elections.

SB 80. By Senator Drake of the 8th:
A bill to be entitled an act to authorize citizens of Seminale County to fish in Spring Creek without being required to obtain a license; and for other purposes.
Referred to the Committee on Game and Fish.

SB 81. By Senator Drake of the 8th:
A bill to be entitled an act to provide five trustees for the Spring Creek Consolidated School district of Seminole County; and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 17. By Senators Norton of the 33rd and Wellborn of the 40th:
A resolution to provide for a committee of three from the Senate and five from the House, to be appointed by the presiding officers to investigate and ma~e recommendations on the conditions of the State Tuberculosis Sanatorium at Alto; and for other purposes.
Referred to the Committee on Sanatorium at Alto.

The following committee report was read:

Mr. Speaker:

Your Committee on Rules has had under consideration HR 43 and recommend that the following bills be set as a special and continuing order of business beginning immediately, to wit:

HB 188. Solicitor Generals' Salary. SB 5. Poll Tax Repeal.

Durden of Dougherty, Vice-Chairman.

The following resolution of the House was read and adopted:

HR 43. By Mr. Durden of Dougherty:

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309

A RESOLUTION Be it resolved by the House that the following bills be set as a special and continuing order of business beginning immediately, to-wit: HB 188. Solicitor General's Salary. SB 5. Poll Tax Repeal.

The Speaker presented the following distinguished guests to the House: Ensign Norma Durden of the Naval Reserve and daughter of the House Floor Leader, Honorable Adie Durden of Dougherty County; former member of the House Bob Heard of Elbert County, now serving in the Navy; Publisher Wails of the Macon News; Honorable Curtis Delmar and Honorable William R. Smith of Macon, Georgia.

The Speaker recognized the presence in the gallery of the Fifth Grade from E. Rivers School in Fulton County.

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:

HB 188. By Messrs. Harrison of Wayne, Hinson of Jeff Davis, Gowen and Gilbert of Glynn, Williams of Appling and Claxton of Camden:
A bill to be entitled an act to fix the salary of the Solicitor General of the Brunswick Judicial Circuit at $5,200.00 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 126; the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 5. By Messrs. Gross of the 31st and McGinty of the 43rd:
A bill to be entitled an act to repeal in its entirety Section 92-108 of the Code of Georgia of 1933, relating to the levy and collection of poll tax for educational purposes; and for other purposes.
Mr. Smith of Emanuel moved the previous question and the motion prevailed. The main question was ordered.
The following Committee substitute to SB 5 was read:
A BILL
To be entitled an act to provide qualifications for voting, the method of registering voters, the method of purging voters list by repeal in its

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entirety Section 92-108 of the Code of Georgia of 1933 relating to the levy and collection of a poll tax for educational purposes, by providing that the payment of the poll tax shall not be a requisite of voting, by amending Section 34-103 of the Code of 1933 relating to the form of oath required of an elector by striking that portion of the oath in reference to having paid all poll taxes, and lowering the age from 21 to 18, by amending Section 34-203 of the Code of Georgia relating to the list of persons being disqualified to vote, by striking therefrom all reference to the non-payment of the poll taxes and providing for the removal from the registration list persons who have died and for the removal of persons from said list who have not voted in an election at some time held in the past two years, by amending Section 34-204 of the Code of Georgia relating the preparation of the list of disqualified persons by the Tax Collector and Clerk of the Superior Court so as to provide for the disqualification of voters who have not voted in an election in two years or signified their intention to do so, by amending Section 34-115 of the Code of 1933 in reference to permanent registration so as to authorize registrars to require persons not voting in an election within a period of two years to either reregister or be stricken from the list, by amending Section 34-1303 of the Code relating to consolidation of returns by providing for transmission of certain election records to Tax Collectors; and for other purposes.

Be it enacted by the General Assembly of Georgia:
Section 1. That Section 92-108 of the Code of Georgia of 1933, relating to the levy and collection of a poll tax for educational purposes, which reads as follows:
"There shall be levied and collected each year upon every inhabitant of the State between the ages of 21 and 60 years, on the day fixed for the return of property for taxation, a poll tax of $1, which shall be used for education purposes in instructing children in the elementary branches of an English education only: Provided that this tax shall not be demanded of blind persons, or female inhabitants of the State who do not register for voting. (Acts 1918, p. 44; 1921, p. 39; 1923, Extra Sess., p. 21; 1927, p. 57; 1935, p. 12)" be, and it is, hereby repealed in its entirety.
Section 2. That the payment of a poll tax shall not hereafter be a requisite for the exercise of the privilege of voting in any primary or election by the people.
Section 3. That Section 34-103 of the Code of Georgia of 1933, relating to the form of oath required to qualify an elector be, and it is hereby, amended by striking from said section the words: "that I have paid all poll taxes which I have had an opportunity of paying agreeable to law," and by striking the figure 21 where they appear, and inserting the figure 18, so that when amended, said Code Section 34-103 shall read as follows: "The oath to qualify an elector shall read as follows: 'I do swear or affirm, that I am a citizen of the United States; that I am 18 years of age, or will be on the. ______________________day oL..................of this calendar year; that I have resided in this State for one year, and in this county for six months, immediately

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311

preceding the date of this oath, or will have so resided on the________________day of________________
of this calendar year; that I possess the qualification of an elector required by the Constitution; and that I am not disfranchised from voting by reason of any offense against the laws of the State, I further swear, or affirm, that I reside in the ________________________district, G.M., or in the_______________________ward of the city of__ _____________________ _ at number_______________on____________________street; my age is________________ , my occupation_______________ _ my color is____________________.' "

Section 4. Section 34-203 of the Code of Georgia of 1933 relating to the lists of persons disqualified to vote is hereby amended by striking therefrom the words "of non-payment of poll taxes" in line 6 and by adding in line 9 the words "or by reason of death as evidenced by the records of the local registrar of vital statistics or otherwise. The tax collector or tax commissioner, as the case may be, shall furnish the names of those removed from the list of registered voters for failure to request continuation of his registration after written notice stating that said registration will be cancelled for failure to vote within the past two years," so that said Section 34-203 as amended shall read as follows: "Lists of persons disqualified to be filed-the tax collector, the ordinary and the clerk of the superior court of each county shall before the 20th day of April of each year, prepare and file with the county registrars a complete list, alphabetically arranged, of all persons living in the county on April lOth of that year, who appear to be disqualified from voting by reason of idiocy, insanity, or conviction of crime whose penalty is disfranchisement, unless such convict has been pardoned and the right of suffrage restored to him or by reason of death as evidenced by the records of the local registrar of vital statistics or otherwise. The tax collector or tax commissioner, as the case may be, shall furnish the names of those removed from the list of registered voters for failure to request continuation of his registration after written notice stating that said registration will be cancelled for failure to vote within the past two years. Said list shall also show the race of such person-that is to say whether white or colored.
Section 5. Section 34-204 of the Code of Georgia of 1933 relating to the preparation of the lists of disqualified persons by the tax collector and clerk of the superior court is hereby amended by striking therefrom the words "insolvent tax lists" in line 5 and the words "tax execution dockets and tax executions" in line 6, and by adding the words "the tax collector or tax commissioner, as the case may be, shall also enter on the list of disqualified voters the names of those who have failed to vote in at least one election within the past two years and who have failed to request continuation of their registration after written notice that their registration will be discontinued for failure to vote in at least one election within ~e past two years" so that said Section 34-204 as amended shall read as follows: "Preparation of list of disqualified persons-In preparaing said list of disqualified persons, the said tax collector, ordinary, and clerk of the superior court shall act upon the best evidence obtainable by them and they shall especially examine and consider the records of the criminal courts of the county, tax digests, wherever they be. In the event that there is a difference of opinion among said three officers as to whether any name or names shall be placed on said list of disqualified persons, the concurrent vote of any two shall control the matter. The tax collector or tax

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commtsswner, as the case may be, shall also enter on the list of disqualified voters the names of those who have failed to vote in at least one election within the past two years and who have failed to request continuation of their registration after written notice that their registration will be discontinued for failure to vote in at least one election within the past two years."
Section 6. Section 34-115 of the Code of Georgia of 1933 in reference to permanent registration is hereby amended by adding in line 3 the words "no person shall remain a qualified voter who does not vote in at least one election within a two year period unless he shall specifically request continuation of his registration m the manner hereinafter provided.
"Within thirty days after the first day of January in each year beginning January 1, 1947, the tax collector or tax commissioner, as the case may be, shall revise and correct the registration records in the following manner:
"He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special or primary election, state, county or municipal, within the two years next preceding said first day of January, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia; provided, however, that on or before March 1st of said year he shall mail to each elector at the last address furnished by the registrant, a notice substantially as follows:
"You are hereby notified that according to state law, your registration as a qualified voter will be cancelled for having failed to vote within the past two years, unless on or before April 1st, of the current year you continue your registration by signing the statement below and returning it to this office or by applying in person.
"Application for continuation of registration:
"I hereby certify that I reside at the address given below and apply for continuation of my registration as a voter.
''Signature of elector--------------------------------------------------------------------------------------------- Present residence address....---------------------------------------------------------------------------------------Date....................................................
"Effective April 1947, the tax collector or the tax commissioner, as the case may be, shall cancel the registration of all electors thus notified who have not applied for continuance and the names of all such electors shall be wholly removed from the list of qualified electors. Any elector whose registration has been thus catlcelled may reregister in the manner provided for original registration," so that Section 34-115, as amended, shall read as follows:
"Qualified electors not required to again qualify and register-The electors who have qualified and have signed the permanent voters' book shall not thereafter be required to register or further quaify, except as may be required by the board of registrars. No person shall remain a qualified voter who does not vote in at least one election within a two year period unless he shall specifiically request continuation of his registration in the manner hereinafter provided.

WEDNESDAY, JANUARY 31, 1945

313

"Within thirty days after the first day of January in each year, beginning on January 1, 1947, the tax collector or tax commissioner, as the case may be, shall revise and correct the registration records in the following manner:
"He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special, or primary election, state, county or municipal, within the two years next preceding said first day of January,
except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution
of the State of Georgia; provided, however, that on or beforf' M -' 1st of said year he shall mail to each elector at the last address furnished by the registrant, a notice substatially as follows:
"You are hereby notified that according to state law, your registration as a qualified voter will be cancelled for having failed to vote within the past two years, unless on or before April 1st, of the current year you continue your registration by signing the statement below and returning it to this office or by applying in person.
"Application for continuation of registration:
"I hereby certify that I reside at the address given below and apply for continuation of my registration as a voter.
''Signature of elector------------------------------------------------------------------------------------
''Present residence address---------------------------------------------------------------------------------
"Date---------------------------------------------
"Effective April 1, 1947, the tax collector or the tax commissiOner, as the case may be, shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of qualified electors. Any elector whose registration has been thus cancelled may reregister in the manner provided for original registration. No person shall remain a qualified voter longer than he shall retain the qualification under which he registered."
Section 7. Section 341303 of the Code of Georgia of 1933 relating to the consolidation and disposition of election returns is hereby amended by adding to Subsection 9 the following words "After the clerk of the superior court has retained same for the period required by law, he shall transmit same to the tax collecor or tax commissioner, as the case may be, for his records" so that Section 34-1303, Subsection 9, as amended, shall read as follows:
"Consolidation and returns to Secretary of State-The managers to consolidate the vote of the county shall consist of all those who officiated at the county site, or a majority of them, and at least one from each precinct. They shall make and subscribe two certificates, stating the whole number of votes each person received in the county; one of them, together with one list of voters and one tally sheet from each place of holding the election, shall be sealed up and without delay mailed to the Secretary of State; the other, with like accompaniments, shall be directed to the clerk of the superior court of the county and be by him deposited in his office.

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After the clerk of the superior court has retained same for the period required by law, he shall transmit same to the tax collector or tax commissioner, as the case may be, for his records. Each of said returns shall contain copies of the original oaths taken by the managers of the courthouse and precinct."
Section 8. All laws and parts of laws in conflict with this act are hereby repealed.

The following amendment to the Committee Substitute for SB 5 was read and adopted:
Messrs. Bloodworth and Weaver of Bibb County moved to amend Committee Substitute for SB5 by striking the words and figure "thirty" in line 43 of Section six on page five and substituting in lieu thereof the words and figures "sixty" so that lines 43, 44, 45 and 46 of section six on page five (5) of said substitute shall read as follows:
"Within sixty (60) days after the first day of January in each year beginning on January 1, 1947, the tax collector or tax commissioner, as the case may be, shall revise and correct the registration records in the following manner."

The following amendment to the Committee Substitute to SB 5 was read:
Messrs. Hatchett and Thompson of Meriwether and Weaver of Bibb, move to amend the Committee Substitute for SB5 as follows:
( 1) By adding to the caption of said bill the following words: "and to provide that the provisions of this act shall be submitted for approval or disapproval by the voters of this State at a referendum to be held at the next General Election."
(2) By striking Section 8 of said bill, and inserting in lieu thereof the following:
"Section 8. The provisions of this act shall not become effective until after the same has been approved by a majority of the voters of this State in a referendum to be held at the next General Election. At such General Election, the ballots shall have printed or written thereon the words 'For Abolition of Poll Tax' and the words 'Against Abolition of Poll Tax.' Those desiring to vote in favor of the ratification of this act shall strike the words 'Aganist Abolition of Poll Tax,' and those desiring to vote against the ratification of this act shall strike out the words 'For Abolition of Poll Tax'.''
(3) By adding another section to said bill, to be known as Section 9, as follows:
Section 9. All laws and parts of laws in conflict herewith are hereby repealed.
On the adoption of the amendment Mr. Lewis of Hancock moved the ayes and nays and the motion prevailed.
The roll was called and the vote was as follows:

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315

Those voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Barwick Bloodworth of Bibb Bloodworth of Houston Chance Chastain Conner at Dallis DeFoor Dupree Ennis, Marion Etheridge of Fulton Gammage Giddens Glisson Greene Guyton Hardy of Hall Hatchett Hefner

Herrin Hicks Hogg Holleman Holloway Jackson Jennings of Sumter Johns Lancaster Lewis Livingston Looper Lovett Maund McNall Malone Manous Matthews of Peach Mitchell Morrison Moye of Brooks

Those voting in the negative were:

Adams Adamson Almand Ansley
Arnall of Coweta Arnold of Spalding Baker Banks Bargeron Barrett Beddingfield Black Boynton Britton Brock Brooke Broome Brumby Brunson Burch Callaway

Campbell Cates Cheek Chesire Claxton Connell Cowart Crowley Dorsey of Cobb Dorsey of White Durden Dykes Ennis, J. H. Etheridge of Butts Evitt Fortson Fowler Freeman Garrison Gaskins Gavin

Mullinax Odom Overbv Parha~ Parks Pannell Pennington Powell Roughton Rowland Seagler Smith of Bryan Thompson Trotter Underwood Weaver Williams of Jones Williams of Toombs Witherington Young
Gibson Gilbert Gowen Greer Griswell Guerry Harden Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Herndon Hinson of Jeff Davis Hinson of Ware Holbrook Holley Hooks Hubert Hurst Jennings of Terrell Kelley

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Kendrick

Nicholson

Kenimer

Oden

Kennon

Oliver

Kent

O'Shea!

Key

Pettit

King

Phillips

Knabb

Pittman of Bartow

Lam

Pittman of Tift

Lane

Porter

Littlejohn

Price

McCracken

Ramey

Mallard

Ray

Mankin

Riddlespurger

Mann of Henry

Ritchie

Mann of Rockdale

Rossee

Mason

Sapp

Massey

Seagraves

Matthews of Paulding Sears

Medders

Sheffield

Mosley

Shields

Moye of Randolph

Sills

Murphy

Smiley

Those not voting were:

Battles

Hampton

Crow

Hand

Culpepper

Hill

Hall

Hollis

Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thornton Thrash Twitty Watford Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Ware Willis Willoughby Wilson
McCurdy Moore Oakley Mr. Speaker

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

On the adoption of the amendment the ayes were 62, the nays 129. The amendment having failed to receive the requisite majority, was lost.

The committee substitute for SB 5 was adopted as amended.
The report of the committee which was favorable to the passage of the bill was agreed to by substitute as amended.
On the passage of the bill by substitute as amended Mr. Thompson of Meriwether called for the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were:

Adams Adamson Almand

Ansley Arnall of Coweta Arnold of Spaulding

Baker Banks Bargeron

WEDNESDAY, JANUARY 31, 1945

317

Bedilingfield
Boynton Britton Brock Brooke Broome Brumby Brunson Burch Callaway Campbell Cates Cheek Cheshire Claxton Connell Crowley Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Garrison Gaskins Gibson Giddens Gilbert Gowen Greene Greer Griswell Guerry Harden Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart

Oakley
Oden Odom
Herndon Herrin Hill Hinson of Jeff Davis Hinson of Ware Holbrook Holleman Holley Hollis Hooks Hurst Jennings of Terrell Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Littlejohn Looper McCracken Mallard Malone Mankin Mann of Henry Mann of Rockdale Mason Massey Matthews of Paulding Medders Miller Mosley Moye of Randolph Mullinax Murphy Nicholson

Those voting in the negative were:

Alexander of Carroll

Alexander of Chatham

Oliver O'Shea! Parks P'annell Pettit Phillips Pittman of Bartow Pittman of Tift Porter Price Ramey Ray Riddlespurger Ritchie Rossee Sapp Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Upson Sumner Swint Thompson Thornton Thrash Twitty Watford Wells of Ben Hill Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Toombs Williams of Ware Willis Willoughby Wilson Young
Barrett

318

JOURNAL OF THE HOUSE,

Barwick Black Bloodworth of Bibb Bloodworth of Houston Chance Chastain Conner at Cowart Dallis DeFoor Ennis, Marion Gammage Gavin Glisson Guyton Hardy of Hall

Hatchett Hefner Hicks Holloway Hubert Jackson Jennings of Sumter Johns Lewis Livingston Maund McNall Manous Matthews of Peach Mitchell Marrison

Moye of Brooks Overby Parham Pennington Powell Roughton Rowland Seagler Seagraves Strickland of Pike Trotter Underwood Weaver Wells of Lincoln Williams of Jones Witherington

Those not voting were:

Battles Crow Culpepper Gary Hall

Hampton Hand Hardy of Jackson Hogg

Lovett McCurdy Moore Mr. Speaker

On the passage of the bill by substitute as amended the ayes were 141, the nays 51.
The bill having received the requisite constitutional majority was passed by substitute as amended.

Mr. Durden of Dougherty moved that the House immediately transmit SB 5 to the Senate, the motion prevailed and SB 5 was ordered to be immediately trans-
mitted to the Senate.

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

The speaker announced that the House stands adjourned until tomorrow morning at 10 o'clock

THURSDAY, FEBRUARY 1, 1945

319

Representative Hall, Atlanta, Georgia. Thursday, February 1, 1945.

The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the speaker pro tern., opened by scripture reading and prayer by the Chaplain.

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

Adams Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Baker Banks Barrett Bargeron Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Burch Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Conner at Cowart

Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis,]. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Garrison Gary Gaskins Gavin GiLson Giddens Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hampton Hand Harden Hardy of Hall

Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst
Jackson Jennings of Sumter Jennings of Terrell Johns Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Lewis

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JOURNAL OF THE HOUSE,

Littlejohn Livingston Looper Lovett Maund McCracken McCurdy McNall Mallard Malone Mankin Mann of Henry Mann of Rockdale
~Ianous
Mason Massey Matthews of Paulding Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden

Odom Oliver O'Shea! Overby Parham Parks Pannell Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray Riddlespurger Ritchie Rossee Roughton Rowland Sapp Seagler Seagraves Sears Sheffield Shields Sills Smiley

Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young Mr. Speaker

Mr. Evitt of Catoosa, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with.
The journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consent:
( 1) Introduction of bills and resolutions. (2) First reading and reference of House bills and resolutions. (3) Reports of standing committees. (4) Second readings of bills and resolutions favorably reported. ( 5) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.

THURSDAY, FEBRUARY 1, 1945

321

By unanimous consent the following bills and resolutions of the House were introduced, read for the first time, and referred to the committee.

HB 318. By Mr. Greer of Lanier:
A bill to be entitled an act to create a three member Board of Commissioners of Roads and Revenues for Lanier County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 319. By Mr. Gowen of Glynn: A bill entitled an act to create a petroleum, oil and gas comm1sson; to authorize the commission to deal with state lands; and for other purposes.
Referred to the Committee on Public Property.

HB 320. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide for the appointment of a substitute for an executor, trustee or guardian named in a will who is unable to qualify because of war service; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 321. By Mr. Etheridge of Fulton:
A bill to be entitled an act to provide that where money is deposited or securities registered in th.: name of two persons such monies or securities shall be deemed the property of the survivor unless a clear intent to the contrary appears; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 322. By Mr. Harrison of Jenkins:
A bill to be entitled an act to provide how special elections shall be called in counties to determine whether the sale, licensing and distribution of alcoholic beverages shall be permitted or prohibited therein; and for other purposes.
Referred to the Committee on Temperance.

HB 323. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to extend the city limits of the City of Pelham; and for other purposes. Referred to the Committee on Municipal Government.

HB 324. By Messrs. Alexander and Brock of Carrol:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to raise the amount of taxes levied in the City of Carrollton for school purposes; and for other purposes.
Referred to the Committee on Municipal Government.

HB 325. By Mr. Wells of Lincoln:
A bill to be entitled an act to make it legal to seine in the Savannah River bordering Lincoln County with seines of a certain size; and for other purposes.
Referred to the Committee on Game and Fish.

HB 326. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to amend the charter of the City of Gainesville so as to provide for zoning and planning laws; and for other purposes.
Referred to the Committee on Municipal Government.

HR 46-326A. By Mr. Marion Ennis of Baldwin:
A resolution vesting title to "The Jarratt Spring Lot" m the Board of Regents of the University System of Georgia, said lot being located m Milledgeville; and for other purposes.
Referred to the Committee on the University System of Georgia.

HR 47-326B. By Mr. Etheridge of Fulton:
A resolution to appropriate $5,000.00 to compensate Lamar Jamerson for injuries received while a member of the Georgia National Guard; and for other purposes.
Referred to the Committee on Special Appropriations.

HR 48-326C. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A resolution to appropriate money to pay certain men for injuries received in the collapse of a building at Tattnall Prison; and for other .purposes.
Referred to the Committee on Special Appropriations.

HR 49-3260. By. Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A resolution directing the payment to the Lord Eelectric Company, Inc., the balance due for installation of electrical equipment at the New York World's Fair; and for other purposes.
Referred to the Committee on Special Appropriations.

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323

HB 327. By Messrs. Pittman of Tift and Arnold of Spalding:
A bill to be entitled an act to amend Code Section 13-312 to fix the salaries of the assistant superintendent, examiners and clerks in the State Banking Department; and for other purposes.
Referred to the Committee on Banks and Banking.

Mr. Arnold of Spalding 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 Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 40. Do Pass

HB 171. Do Pass as Amended HB 275. Do Not Pass

HB 300. Do Pass

Respectfully submitted, Arnold of Spalding, Chairman.

Mr. Cates of Burke County, Chairman of the Committee on Public Highways No. 2 submitted the following report:
Mr. 'Speaker:
Your Committee on Public Highways No. 2 have had under consideration the following bill 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 13. Do Pass
HB 282. Do Pass
Respectfully submitted, Frank M. Cates of Burke, Chairman.

Mr. Phillips of Columbia County, Chairman of the Committee on Insurance submitted the following report:
Mr. Speaker:

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JOURNAL OF THE HOUSE,

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 67. Do P'ass as Amended HB 83. Do Pass
HB 150. Do Pass HB 151. Do Pass
HB 191. Do Pass
HB 297. Do Pass
Respectfully submitted, Phillips of Columbia, Chairman.

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

Mr. Speaker:

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

HB 241. Do Pass

HB 256. Do Pass

Respectfully submitted,

Arnall of Coweta, 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 266. Do Pass
Respectfully submitted, Kendrick of Fulton, Chairman.

THURSDAY, FEBRUARY 1, 1945

325

Mr. Bloodworth of Bibb 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 58. Do Pass SB 61. Do Pass SB 65. Do Pass
Respectfully submitted, Bloodworth of Bibb, 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 298. Do Pass HB 212. Do Pass HB 51. Do Pass by Substitute HB 114. Do Not Pass. SB 9. Do Pass SB 12. Do P"ass as Amended SB 10. Do Pass SB 16. Do Pass HB 225 Do Pass SB 22. Do Pass HB 262. Do Not Pass HB 288. Do Pass HB 278. Do Pass

Respectfully submitted,

Hicks of Floyd, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Price of Clark County, Chairman of the Committee on Veterans' Affairs submitted the following report:

Mr. Speaker:

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

HB 303. Do Pass

Respectfully submitted,

Price of Clarke, 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 and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 224. Do Pass
HB 174. Do Pass
HB 192. Do Pass
HB 176. Do Pass
HR 31-226A. Do Pass Respectfully submitted, Mr. Mason of Morgan, Chairman.

Mr. Dallis of Troup County, Vice-Chairman of the Committee on Special Appropriations submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following resolutions and bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 8-19A. Do Pass
HR 35-242A. Do Pass

THURSDAY, FEBRUARY 1, 1945

327

HB 18. Do Pass H B 198. Do P'ass

Respectfully submitted,

Dallis of Troup, Vice-Chairman.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 201. By Mr. Kent of Glascock:
A bill to be entitled an act creating a Board of Commissioners of Roads and Revenues for the County of Glascock providing the manner of their election, defining their duties; and for other purposes.

HB 203. By Mr. Manous of Cherokee:
A bill to be entitled an act to amend an act approved Aug. 9, 1915 by striking the words $900.00 in Section 1 of the amended act of 1929 and inserting the words $1200.00; and for other purposes.

HB 209. By Mr. Pittman of Tift:
A bill to be entitled an act to amend an act creating a new charter of tlie City of Tifton; and for other purposes.

HB 214. By Mr. Gibson of Seminole:
A bill to be entitled an act providing five district trustees for the Spring Creek Consolidated School District of Seminole county; and for other purposes.

HB 221. By Mr. Gowen and Mr. Gilbert of Glynn:
A bill to be entitled an act to amend an act entitled "an act to amend the charter of the City of Brunswick authorizing the pensioning of city employees so as to provide that the employees of the Brunswick-St. Simons Highway are included in the pension system; and for other purposes.

HB 237. By Messrs. Connell and Coward of Lowndes: A bill to be entitled an act to create a Board of Commissioners of Roads

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JOURNAL OF THE HOUSE,

and Revenues in and for the County of Lowndes, cons1stmg of three members, to prescribe their qualifications; and for other purposes.

HB 238. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act establishing a Board of Commissioners of Roads and Revenues for the County of Lowndes, to define their powers and duties; and for other purposes.

HB 11. By Messrs. Weaver, Bloodworth and Wilson of Bibb and Bloodworth of Houston:

A bill to be entitled an act to amend Code Sections 60-604 and 60-612 of

the 1933 Code of Georgia relating to acknowledgements of service of pe-

titions and process under the Land Registration Law of Georgia; and for

other purposes.



HB 159. By Mr. Brooke of Whitfield:
A bill to be entitled an act amending an act creating the office of Commissioner of Roads and Revenues for the County of Whitfield, to fix the compensation of said Commissioner; and for other purposes.

HB 168. By Messrs. Lane and Livingston of Polk:
A bill to be entitled an act amending an act creating a new charter and municipal government for the city of Cedartown so as to provide zoning regulations for said city; and for other purposes.

HB 179. By Messrs. Hardy of Hall and Lancaster of Hall:
A bill to be entitled an act amending an act creating Gainesville Public School System so as to provide a tax levy on the $100; and for other purposes.

HB 189. By Mr. William of Appling:
A bill to be entitled an act creating a Board of Commissioners of Roads and Revenues for the County of Appling, providing for members thereof; and for other purposes.

HB 200. By Mr. Kent of Glascock:
A bill to be entitled an act repealing an act creating a Board of Commissioners of Roads and Revenues in and for the County of Glascock; and for other purposes.
Mr. Speaker:

THURSDAY, FEBRUARY 1, 1945

329

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

HB 157. By Mr. Brooke of Whitfield:
A bill to be entitled an act amending the charter of the City of Dalton so as to provide a Civil Service Commision for city employees; and for other purposes.

HB 97. By Mr. Williams of Jones:
A bill to be entitled an act repealing an act creating the City Court of Gray, prescribing its jurisdiction and powers; and for other purposes.

HB 137. By Messrs. McCurdy, Hubert and Broome of DeKalb:
A bill to be entitled an act creating the DeKalb County Water Works Advisory Board; and for other purposes.

HB 149. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act creating a Board of Commissioners of Roads and Revenues for the County of Clarke; and for other purposes.

HB 153. By Mr. Moye of Randolph:
A bill to be entitled an act amending an act creating and incorporating the City of Cuthbert, to establish a system of public schools in Cuthbert; and for other purposes.

HB 154. By Mr. Banks of Lamar:
A bill to be entitled an act amending an act conferring additional powers upon the corporate authorities of the town of Barnesville so as to change the method of voting; and for other purposes.
Mr. Speaker:
The Senate has passed by the reqUisite constitutional majority the following bills of the Senate and House, to-wit:

SB 39. By Senator Gross of the 31st:
A bill to be entitled an act regulating employment of children, providing hours of their employment; and for other purposes.

HB 19..By Mr. Alexander of Chatham:
A bill to entitled an act to provide for the use of photostatic copies in the probate of wills.

330

JOURNAL OF THE HOUSE,

HB 54. By Messrs. Dorsey of Cobb, Hefner of Pickens, and others.
A bill entitled an act to amend an act approved March 4, 1937, so as to change the salary of the Solicitor General of the Blue Ridge Judicial Circuit; and for other purposes.

HB 55. By Messrs. Williams of Ware, Hinson of Ware; and others:
A bill to be entitled an act amending an act abolishing fee system existing in the Superior Courts of Waycross Judicial Circuit providing for the restoring of the fee system; and for other purposes.

HB 65. By Mr. Mann of Henry:
A bill to be entitled an act to increase the number of terms in the Superior Court of Henry county; and for other purposes.

HB 66. By Mr. Mann of Henry:
A bill to be entitled an act repealing an act estblishing the City Court of Henry County; and for other purposes.

HB 74. By Messrs. Brock of Carroll, Hurst of Coweta and others:
A bill to be entitled an act providing a salary for the official court reporter of the Coweta Judicial Circuit; and for other purposes.

HB 82. By Messrs. Broome, Hubert and McCurdy of DeKalb:
A bill to be entitled an act providing for the distribution of fees of the court reporter of the Stone Moutain Judicial Circuit; and for other purposes.

HB 90. By Messrs. Holleman, Young and Shield of Muscogee:
A bill to be entitled an act amending an act abolishing Justice Courts and the offices of Justice of the Peace and Notary Public, etc., creating in lieu thereof a Municipal Court for the City of Columbus; and for other purposes.

HB 92. By Mr. Hardy of Jackson:
A bill to be entitled an act amending an act creating a board of Commissioners of Roads and Revenues for Jackson county, providing for the salary of the commissioners; and for other purposes.
Mr. Wells of Ben Hill County, Chairman of the Committee on Engrossing submitted the following report: Mr. Speaker:

THURSDAY, FEBRUARY 1, 1945

331

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 239. HB 240. HB 245. HB 258. HB 265.

Respectfully submitted,

Virgil G. Wells, Chairman.

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

HB 18. By Mr. Alexander of Chatham:
A bill entitled an act to reimburse T. W. Erickson for damages caused in a collision with a State Highway Patrol car; and for other purposes.

HB 51. By Messrs. Connell of Lowndes and Gowen of Glynn:
A bill to be entitled an act to prescribe certain terms and conditions upon which foreign corporations may do business in Georgia; to provide for filing of copy of charter with the Secretary of State; and for other purposes.

HB 67. By Mr. Phillips of Columbia:
A bill to be entitled an act to provide for the payment of premium taxes by all insurance companies doing business in this State to the Insurance Commissioner; to provide tax shall be paid on gross premiums without regard to business ceded or assumed; and for other purposes.

HB 83. By Messrs. Hicks, Baker and Littlejohn of Floyd:
A bill to be entitled an act to amend Section 56-804 of the Code of 1933 by providing that fire insurance policies may cover explosions from causes other than explosives, and damage from smoke, aircraft, vehicles, and loss or damage to glass by accidental breakage; and for other purposes.

HB ISO. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend Code Section 56-208 relating to Boards of Directors of Insurance Companies by striking the words "nor more than fifteen" and substituting the words "and as many additional as

332

JOURNAL OF THE HOUSE,

may be provided by the by-laws of such companies"; and for other purposes:

HB 151. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend Section 56-907 of the Code by providing the Board of Directors of Life Insurance Companies shall consist of not less than five and as many additional as may be provided by the by-laws of such Insurance Companies; and for other purposes.

HB 171. By Mr. Arnold of Spalding:
A bill to be entitled an act to amend the Banking Laws to provide that no bank shall lend more than thirty per cent of its capital and unimpaired surplus on the stock of any corporation; and for other purposes.

HB 174. By Messrs. Rossee of Putnam and Oden of Pierce:
A bill to be entitled an act to provide that the State Board of Pharmacy shall appoint a Chief Drug Inspector instead of the Commissioner of Agriculture; and for other purposse.

HB 176. By Mr. Key of Jasper:
A bill to be entitled an act to reduce the fee to the Ordinary for issuing license to dealers in livestock from $5.00 to $2.00; and for other purposes.

HB 191. By Messrs. Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to amend Code Section 56-104 so as to repeal the proviso exempting farmers assessment cooperative fire insurance companies in not more than four counties from examination; and for other purposes.

HB 192. By Messrs. Riddlespurger and Cheshire of Colquitt:
A bill to be entitled an act to provide for appointment of a person to weigh livestock and swine at livestock auction markets and stock yards; and for other purposes.

HB 197. By Mr. DeFoor of Mcintosh:
A bill to be entitled an act to abolish license fees levied on commercial fishing boats catching fish from the salt waters of this State; and for other purposes.

HB 198. By Mr. Green of Crisp: A bill to be entitled an act to approprate funds to pay Corporal R. D.

THURSDAY, FEBRUARY 1, 1945

333

Brown and wife for injuries sustained in a collision with a car of the Department of Public Safety; and for other purposes.

HB 212. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend an act approved March 31, 1937 (Ga. Laws, 1937, pp. 7.60-761) so as to restrict such seven year limitation to instruments covering personal property only; and for other purposes.

HB 224. By Messrs. Rossee of Putnam, Hubert, McCurdy and Broome of DeKalb,

Harrison of Jenkins, Arnall of Coweta, Phillips of Columbia and Gowen

of Glynn.

.

A bill to be entitled an act to amend an act creating the Milk Control Board and to extend the life of the Board to January 1, 1951; and for other purposes.

HB 225. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend Code Section 38-1801 to provide that either party in a civil action may call the opposite party for the purpose of cross examination with the privilege of impeachment, as if the witness had testified in his own behalf; and for other purposes.

HB 241. By Messrs. Hand of Mitchell and Durden of Dougherty:
A bill to be entitled an act for the abatement of all income taxes for members of the Armt'd Forces upon death; and for other purposes.

HB 256. By Messrs. Sumner and O'Shea! of Worth and Hicks of Floyd:
A bill to be entitled an act to amend the General Tax Act of 1935 (Georgia Laws 1935, pp. ll-72), by amending P"aragraph 3 entitled "Professions" so as to include "Veterinarian"; and for other purposes.

HB 266. By Messrs. Durden of Dougherty, Gowen of Glynn, Kendrick of Fulton and Trotter of Troup.
A bill to be entitled an act to amend the Unemployment Compensation Act by changing the name to The Employment Security Agency; by amending, changing and clarifying the provision of the law as to experience rating, and for other purposes.

HB 278. By Messrs. Durden of Dougherty and Hand of Mitchell:
A bill to be entitled an act to provide that a written finding made by the Secretary of War or the Secretary of the Navy of a death of any person shall be received in Court, Office, or other place, as evidence of such person's death; and for other purposes.

334

JOURNAL OF THE HOUSE,

HB 282. By Messrs. Cates and Bargeron of Burke, Harris of Richmond, Mason of Morgan, Medders of Bacon, Barrett of Banks, Pettit and Pittman of Bartow, Ramey of Chattooga, Moye of Brooks, Brunson and Mallard of Bulloch, Manous of Cherokee, Dorsey of Cobb, Smith of Emanuel, Chance of Twiggs, Crowley of McDuffie, Holbrook of Forsyth, Jennings of Sumter, Almand of Walker, Battles of Decatur, Barwick of Grady, Holoway of Schley, Miller of Decatur, Campbell of Newton, Parham of Heard, Harrison of Screven, Adamson of Clayton, Thornton of Elbert, Gibson of Seminole, Sheffield of Miller, Mosley of Early, Pannell of Murray, Witherington of Wilcox, Banks of Lamar, Roughton of Washington, Dykes of Bleckley, Williams of Toombs, Phillpis of Columbia, McCracken of Jefferson, Underwood of Taylor, Hill and Price of Clarke, Hogg of Marion, Williams of Jones, Gammage of Sumter, Giddens of Calhoun, Harrison of Jenkins, Hurst of Coweta, Sills of Candler, Mrs. Mankin, Kendrick and Etheridge of Fulton, McCurdy of DeKalb, Brumby of Cobb, Herndon of Hart, Fowler of Douglas, Hubert of DeKalb, Mann of Henry, Holley of Richmond, Mitchell of Monroe, Greene of Crisp, Seagraves of Madison and Jackson of Washington.
A bill to be entitled an act to provide a different method for the distribution of gasoline tax revenues to the various counties; and for other purposes.

HB 288. By Messrs. Alexander, McNall and Connerat of Chatham, Gilbert and Gowen of Glynn.
A bill to be entitled an act to repeal existing laws relating to pilotage and to provide for the creation of pilotage commissions in the several ports in this State; to provide for licensing and retirement of pilots; and for other purposes.

HB 298. By Messrs. Weaver and Bloodworth of Bibb and Marion Ennis of Baldwin.
A bill to be entitled an act to provide for the release or relinquishment of powers of appointment, general or special, whether exercisable by deed, will of otherwise, whether reserved by the holder of such power are conferred upon such holder by another; and for other purposes.

HB 300. By Mr. Arnold of Spalding:
A bill to be entitled an act to make it unlawful for any Bank to acquire directly or indirectly a majority of the outstanding capital stock of any other Bank in this State; and for other purposes.

HB 303. By Messrs. Nicholson of Oconee, Hefner of Pickens, McNall of Chatham, Greer of Lanier, Dupree of Pulaski and Chance of Twiggs:
A bill to be entitled an act to provide a veteran of Warld War I who

THURSDAY, FEBRUARY 1, 1945

335

was in the final semester of his senior dental college and a member of the Georgia National Guards may be licensed as a dentist upon recommendation of the Board; and for oth~r purposes.

HR 8-19A. By Mr. Alexander of Chatham:
A resolution to direct payment of a judgment obtained by A. S. Roach against the State Board of Barber and Hairdresser Examiners; and for other purposes.

HR 31-226A. By Messrs. Gowen of Glynn, Hand of Mitchell, Hooks of Emanuel, Connel of Lowndes and Hubert and McCurdy of DeKalb:
A resolution providing that a Committee composed of the same members be re-named to work with the Milk Control Board in securing a continuance of the payment of subsidy by the Federal Government to milk producers; and for other purposes.

HR 35-242A. By Messrs. Malone and Lovett of Laurens, Sills and Candler and Hooks of Emanuel:
A resolution granting an honorium of $2400.00 to Honorable Vivian L. Stanley, former member of the State Prison and Parole Commission, in lieu of the salary that he would have received had not his office been abolished; and for other purposes.

SB 9. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st:
A bill to be entitled an act to provide for making of procedure and practice in the courts of this State simpler by vesting in the Justices of the Supreme Court the power to adopt, modify and repeal rules of procedure; and for other purposes.

SB 10. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st:
A bill to be entitled an act to provide that Justices of the Supreme Court shall be authorized to make and adopt rules relating to examinations for admission to the Bar of this State; and for other purposes.

SB 12. By Senators Harrell of the 7th, Gross of the 31st, Grayson of the 1st and Freeman of the 27th:
A bill to be entitled an act to create a Judicial Council composed of the Chief Justice and a Justice of the Supreme Court, the Chairman of Judiciary Committee No. 1 of the House and Senate, A Judge of the Court of Appeals, two trial judges, five lawyers and three laymen; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 16. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st:
A bill to be entitled an act to provide for the service of process, summonses and notices by using a duplicate original in counties other than where the case is pending; and for other purposes.

SB 22. By Senator Peebles of the 18th:
A bill to be entitled an act to provide for the admissibility in evidence in all actions for the condemnation of real property of evidence as to the value of other comparable properties in all events and under all circumstances; and for other purposes.

SB 40. By Senator Millican of the 52nd:
A bill to be entitled an act to amend paragraph (4) of Section 97-303 of the Code of 1933, defining class "B" securities by inserting the word "to" between the words "or" and "any corporation" in the fifth line of said paragraph; and for other purposes.

SB 58. By Senator McGinty of the 43rd:
A bill to be entitled an act to amend the charter of the City of Calhoun to define and establish the territorial limits of the city; and for other purposes.

SB 61. By Senator Mavity of the 44th:
A bill to be entitled an act to amend the charter of the City of Lafayette by extending the city limits; and for other purposes.

SB 65. By Senator Mavity of the 44th:
A bill to be entitled an act to amend the charter of the City of Chickamauga to increase the school tax from one to two per cent; and for other purposes.

SR 13. By Senators Hawes of the 30th and Hill of the 38th:
A resolution inviting Hon. J. Knox Gholston, a member of the State Highway Board, to address a joint session of the General Assembly, on Reorganization of the Highway Department; and for other purposes.

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 148. By Messrs. Hicks, Littlejohn and Baker of Floyd:

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337

A bill to be entitled an act to amend the charter of the City of Rome by extending the city limits; by increasing the tax limit from two and onefourth to two and one-half per cent; to provide certain retirement pay to city employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 196. By Mesrs. Riddlespurger and Cheshire of Colquitt:
A bill to be entitled an act to amend the charter of the City of Moultrie to confer extra-territorial jurisdiction over certain territory adjacent to its air bases; and for other purposes.
The following substitute was read and adopted:
Messrs. Cheshire and Riddlespurger of Colquitt offer as a substitute to HB 196, the following:
An act to amend the charter of the City of Moultrie; to prescribe the rights, powers, government, and jurisdiction of said city; to fix corporate limits of said city; and to confer extra-territorial jurisdiction upon said city within certain territory adjacent to its airbases; 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 pasage of this Act, Section 2 of the present Charter of the City of Moultrie as set out in Georgia Laws, 1943, pp. 1458 et seq., be and the same is hereby repealed; and there is enacted in lieu therof a new Section 2, to read as follows:
"Section 2. Be it further enacted of authority aforesaid that the corporate limits of said city shall be the same as heretofore incorporated, namely: The northern boundary line of said city shall be a line drawn parallel to a straight line running east and west through the center of the county courthouse square and lying at a distance of three-fourths of a mile north of the same; the southern boundary line of said city shall be a line drawn parallel to a straight line running east and west through the center of the County courthouse square and lying at a distance of 5,860 feet south of the same; the easterly boundary of said City of Moultrie shall be a line drawn parallel to a straight line running north and south through the center of the County courthouse square and at a distance of three-quarters of .a mile east of the same; and the western boundary of said City of Moultrie shall be a line drawn parallel to a straight line running north and south through the center of the County courthouse square and at a distance of three-quarters of a mile west of the same.
Section 2 (a). Be it further enacted by authority aforesaid that said City of

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Moultrie shall have all the rights, powers, and authority over the hereinafter described property that it now has over all property within its city limits, TO WIT: Spence Field and radio beacon site used in connection therewith, Moultrie Municipal Airport, Okapilco Lift Station and outfall sewer line, Ochlochnee Lift Station and outfall sewer line, Ochlochnee Sewage Disposal Plant and outfall lines, the undeveloped recreational center immediately south of the U. S. 0. Building and Municipal Abbatoir property and any other property the City of Moultrie may now, or hereafter, devote to public purposes. Said City of Moultrie shall have the same authority over said properties not included in the present city limits as it has over all properties now included in the city limits, with the right to pass necessary ordinances for the government of said properties and for trial of all offenders against said ordinances in the recorder's court of said city."
Section 2. Be it further enacted by the authority aforesaid that a new section be added to said City Charter aforesaid to read as follows:
"Section 85. That the Mayor and Council of said City, in addition to all other powers that they now have under the law, are hereby empowered to pass ordinances fixing an air-space safety zone upon all property situated adjacent to Spence Field and the Municipal Airport and to prohibit the erection of any structure of any nature whatsoever at a height of a glide angle for aircraft of 40 to 1 feet measured outward from the boundaries of said airports a distance of 1,500 feet; except that the said airspace safety zone restriction of 40 to 1 feet glide angle shall extend outward to the end of all runways on said airports for a distance of not less than two miles from the boundaries of said airports along a prolongation of the center lines of said runways and extending laterally from the center line of said runways a distance of 750 feet each way at the airport boundary, increasing to a lateral distance of 2,000 feet each way from the center lines of said runways a distance of not less than two miles from the boundaries of said airports.
"Section 85 (a). That the ordinance hereinabove specified shall not be adopted by said Mayor and Council until notice specifying the time and place of the meeting at which time said ordinace will be considered shall have been published in the official gazette of Colquitt County at least two weeks before date of said meeting.
"Section 85 (b). In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or ordinance duly adopted under the authority conferred hereby is violated, or in the event of the violation by any person or persons of any of the provisions of this Act, such violation in any respect shall be held to be a misdemeanor under the laws of the State, and the offender upon conviction shall be punished as for a misdemeanor in the appropriate courts of Colquitt County; and in addition thereto said Mayor and Council, or any person or persons who may be injured by violation of this act, or the ordinance of said City enacted hereunder, may institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings, to prevent, enjoin, abate or remove such unlawful erection, construction or reconstruction. The foregoing powers shall be applicable to growing trees which may interfere with the aforesaid glide angle; and said City of Moultrie shall have the authority

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339

to condemn, in the manner now provided by law, any trees whose growth may im-

pede flight of planes to and from said airports."

-

Section 3. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, th,~ ayes were 105, the nays 0.

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

HB 243. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act to amend an act incorporating the town of Lake Park, in Lowndes County, Georgia (Act 1897, p. 250) so as to authorize the governing authorities of said town to close or dispose of certain property heretofore laid out and designated for street purposes; and for other purposes.
The report 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 248. By Messrs. MeN all, Alexander and Connerat of Chatham:
A bill to be entitled an act to amend the charter of the Town of Savannah
Beach to provide for the assessment of 34 of 1 per cent of the value of real
and personal property for maintaining a sea wall; and for other purposes.
The report 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 259. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to strike from the charter of Augusta that portion which regulates the salary of the Mayor by striking the words
"Nor exceed the sum of $5,000.00"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 108, the nays 0.

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The bill having received the requisite constitutional majority was passed.

HB 260. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an act to fix minimum salaries and wages of members of the Police Department 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 109, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 263. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to provide that the mayor may be eligible to succeed himself one time; and for other purposes.
The report 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 268. By Mr. Seagraves of Madison: A bill entitled an act to abolish 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 111, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 274. By Mr. Arnold of Spalding:
A bill to be entitled an act to amend the Charter of the City of Griffin, to provide an increase in taxes and to remove all limitations as to salaries of City Officials and Employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.

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341

HB 253. By Mr. Adamson of Clayton:
A bill to be entitled an act to change the name of the City of Marrow in Clayton County to 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 113, the nays 0. The bill having received the requisite constitutional majority was passed.

SB 8. By Senator Millican of the 52nd:
A bill to amend an act creating a Civil Service Board in Fulton County to provide that Mrs. Evelyn C. McCutcheon should be entitled to receive the benefits 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 114, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 42. By Senator Brown of the 6th:
A bill to amend the Charter of the City of Nashville to provide for zoning ordinances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 45. By Senator Grayson of the 1st; and others: A bill to amend Charter of the City of Savannah so as ~o provide for a mayor's 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 116, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 46. By Senator Grayson of the 1st; and others: A bill to provide that the mayor and aldermen of the City of Savannah

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shall have the right to close any part or all of Duffy Street Lane and Henry Street Lane; and for other purposes.
The report 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 47. By Senator Grayson of the 1st; and others:
A bill to amend the Charter of the City of Savannah to provide by ordinance for a Savannah Airport Commission to administer, maintain and operate municipally owned airports; and for other purposes.
The report 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.

SB 48. By Senator Grayson of the 1st:
A bill to amend the Charter of the City of Savannah authorizing the Mayor and Aldermen to create an industrial and domestic Water Supply 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 119, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 49. By Senator Grayson of the 1st:
A bill to amend the Charter of the City of Savannah to increase the salary or compensation of the members of the Board of Aldermen;, and for other purposes.
The report 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.

SB 62. By Senator Millican of the 52nd: A bill to amend the Charter of the City of Atlanta to provide the Mayor

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343

and Council can sell to Atlanta Post No. 1 of the American Legion the land on which the American Legion Home now stands in Piedmont Park; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

HR 45. By Mr. Durden of Dougherty:
A RESOLUTION
BE IT RESOLVED by the House that the following bill be set as a special and continuing order of business beginning immediately upon the adoption of this resolution, to-wit:

HR 11-19C. The New Constitution.
BE IT FURTHER RESOLVED that said resolution be considered and acted upon article by article; section by section and paragraph by paragraph.

The following resolution of the House was read and adopted:

HR 28-224A. By Messrs. Gowen and Gilbert of Glynn, Alexander and Connerat of Chatham; and others:
A RESOLUTION
WHEREAS the State of Georgia is now engaged in making comprehensive plans for the postwar development of its natural resources and the fostering of the free flow of trade and commerce through its ports and cities and the rapid and economical distribution of the produce of its farms, and forests; and, whereas, it has come to the attention of the General Assembly of Georgia that its sister State of Alabama owns and maintains a system of state docks at the port of Mobile; and, whereas, it is desirable that a study be made to determine the advisability of having similar facilities erected and maintained by the State of Georgia at one or more of its seaports;
THEREFORE, be it resolved by the House of Representatives, the Senate concurring, that a committee to be composed of 10 members of the House of Representatives, to be appointed by the Speaker, and 5 members of the Senate, to be appointed by the P"resident, be named as a special committee on state ports and docks and that such committee be authorized and directed to visit the said Alabama state docks at Mobile and to confer with the officials in charge of the opera-

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tion of the same and to report to the General Assembly of Georgia whether or not this State should undertake as part of its plan for postwar development the establishment of a system of state owned and operated docks, wharves and terminals.
BE IT FURTHER RESOLVED, that the members of the House from Chatham and Glynn Counties and the Senators from the lst and 4th Districts, shall be ex-officio members of such committee in addition to those specified to be appointed herein.
Pursuant to the provtstons of HR 28-224A, the Speaker pro tern., appointed on the part of the House the following members of the House, to-wit: Messrs. Holleman of Muscogee, Cheshire of Colquitt, Ray of Warren, Dykes of Bleckley, Evitt of Catoosa, Fortson of Wilkes, Harris of Jenkins, Hinson of Ware, Smith of Emanuel and Connell of Lowndes.

The following committee report was read:

Mr. Speaker:

Your Committee on Rules has had under consideration HR 45' and recommends that same be adopted and that the order of business set forth therein be established beginning immediately.

Durden of Dougherty,

0

Vice-Chairman.

The following resolutions of the House were read and adopted:

HR 45. By Mr. Durden of Dougherty:
Be it resolved by the House that the following bill be set as a special and continuing order of business beginning immediately upon the adoption of this resolution, to-wit:
HR 11-l9C-The New Constitution:
Be it further resolved that said resolution be considered and acted upon article by article, section by section, and paragraph by paragraph.

HR 50. By Mr. Campbell of Newton:
A resolution calling to the attention of the policy making heads of the Agricultural Adjustment Agency, the serious mistake which has been made in changing the extent of its cooperation to the planters of Kudzu and urging the immediate return of the Agency to its former policy of aiding the farmer to plant unlimited amounts of Kudzu.
Under the special and continuing order of business fixed by House Resolution

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345

No. 45, the following resolution of the House was taken up for consideration, read the third time and placed upon its passage:

HR 11-19C. By Messrs. Harris of Richmond, Durden of Dougherty, Culpepper of Fayette, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson and Arnold of Spalding:
A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1887 and all amendments thereto; and for other purposes.

The following Sections and Paragraphs were read and adopted:
Proposing (as one single amendment) to amend the Constitution of the State of Georgia of 1887 and all amendments thereto by striking in their entirety Article I (Bill of Rights), Article II (Elective Franchise), Article III (Legislative Department), Article IV (Power of the General Assembly over Taxation), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and County Officers), Article XII (The Laws of General Operation in Force in this State), Article XIII (Amendments to the Constitution), and by inserting in lieu thereof, after the Preamble of the Constitution of the State of Georgia of 1887, new Articles as follows:
Article I (Bill of Rights), Artcile II (Elective Franchise), Article II (Legislative Department), Article IV (Public Utilities, Eminent Domain, Police Power, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and Municipal Corporations), Article XII (The Laws of General Operation in Force in this State), Article XIII (Amendments to the Constitution), Article XIV (Merit System), and Article XV (Home Rule); and to provide for the submission of the Amendment so proposed as one Amendment to the qualified voters of the State of Georgia for ratification or rejection at the General Election to be held in August, 1945.
WHEREAS, the purpose of this single amendment is to coordinate the proposed substantial principles of organic law into one subject matter of the Constitution; it being impracticable otherwise than in one subject matter and one amendment to perfect the rearrangement sought; and to render unnecessary the evil consequences of a portion by portion adoption or rejection which would in case of adoption of some portions and rejections of others result in a Constitution lacking correlation.
NOW THEREFORE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That the Constitution of the State of Georgia of 1877 and all amendments thereof appearing after the P'reamble, be and it is hereby proposed to be

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amended as one single amendment by striking therfrom in their entirety Article I (Bill of Rights), Article II (Elective Franchise), Article III (Legislative Department), Article IV (Power of the General Assembly Over Taxation), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and County Officers), Article XII (The Laws of General Operation in Force in this State), Article XIII (Amendments to the Constitution), and inserting in lieu thereof new Articles Number I through XV inclusive, so that when so amended, the Constitution of the State of Georgia of 1877 shall read, beginning with the Preamble, as follows:

BILL OF RIGHTS
Preamble.
To perpetuate the principles of free government, insure justic eto all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
ARTICLE I.
Section I.
Paragraph One. ORIGIN AND FOUNDATION OF GOVERNMENT. 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 officers are the trustees and servants of the people, and at all times, amenable to them.
Paragraph II. PROTECTION THE DUTY OF GOVERNMENT. Protection to person and property is the paramount duty of government, and shall be impartial and complete.
Paragraph III. LIFE, LIBERTY, AND PROPERTY. No person shall be deprived of life, liberty, or property, except by due process of law.
Paragraph IV. RIGHT TO THE COURTS. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.
Paragraph V. BENEFIT OF COUNSEL; ACCUSATION; LIST OF WITNESSES; COMPULSORY PROCESS; TRIAL BY JURY. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testfying against him; and shall have a public and speedy trial by an impartial jury.
Paragraph VI. CRIMINATION OF SELF NOT COMPELLED. No

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347

person shall be compelled to give testimony tending in any manner to criminate himself.
Paragraph VII. BANISHMENT AND WHIPPING AS PUNISHMENT FOR CRIME. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed.
Paragraph VIII. JEOPARDY OF LIFE OR LIBERTY MORE THAN ONCE FORBIDDEN. No person shall be put in jeopardy of life or liberty, more than once for the same offense, save on his, or her own motion for a new trial after conviction, or in case of mistrial.
Paragraph IX. BAIL; FINES; PUNISHMENT; ARREST, ABUSE OF PRISONERS. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest or in prison.
Paragraph X. COSTS. No person shall be compelled to pay costs except after conviction on final trial.
Paragraph XI. HABEAS CORPUS. The writ of Habeas Corpus shall not be suspended.
Paragraph XII. FREEDOM OF CONSCIENCE. All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience.
Paragraph XIII. RELIGIOUS OPINIONS; LIBERTY OF CONSCIENCE. No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office or trust, on account of his religious opinions; but the right of liberty of conscience shall not be construed as to excuse acts of licientiousness, or justify practices inconsistent with the peace and safety of the State.
Paragraph XIV. APPROPRIATIONS TO CHURCHES, SECTS, ETC., FORBIDDEN. No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.
Paragraph XV. LIBERTY OF SPEECH OR OF THE PRESS GUARANTEED. No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty.
Paragraph XVI. SEARCHES, SEIZURES, AND WARRANTS. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized.
Paragraph XVII. SLAVERY AND INVOLUNTARY SERVITUDE.

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There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.
Paragraph XVIII. STATUS OF THE CITIZEN. The social status of the citizen shall never be the subject of legislation.
Paragraph XIX. CIVIL AUTHORITY SUPERIOR TO MILITARY. The civil authority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law.
P'aragraph XX. CONTEMPTS. The power of the Courts to punish for contempt shall be limited by legislative acts.
Paragraph XXI. IMPRISONMENT FOR DEBT. There shall be no Imprisonment for debt.
Paragraph XXII. ARMS, RIGHT TO KEEP AND BEAR. The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.
Paragraph XXIII. LEGISLATIVE, JUDICIAL, AND EXECUTIVE POWERS SEPARATE. The legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shall, at the same time, exercise the functions of either of the others, except as herein provided.
Paragraph XXIV. RIGHT TO ASSEMBLE AND PETITION. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance.
Paragraph XXV. CITIZENS, PROTECTION OF. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as wlil protect .them in the full enjoyment of the rights, privileges and immunities due to such citizenship.
Section II.
Paragraph I. LIBEL; JURY IN CRIMINAL CASES; NEW TRIALS. In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the judges to grant new trials in case of conviction, is preserved.
Paragraph II. TREASON. Treason against the State of Georgia shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court.
Paragraph III. CONVICTION, EFFECT OF. No conviction shall work corruption of blood, or forfeiture of estate.

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349

Paragraph IV. LOTTERIES. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws.
Paragraph V. LOBBYING; PENALTIES. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties.
Paragraph VI. FRAUD; CONCEALMENT OF PROPERTY: The General Assembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor.

The following paragraph was read:
Section III.
P'aragraph I. PRIVATE WAYS, COMPENSATION. In cases of necessity, private ways may be granted upon just compensation being paid by the applicant. Private property shall not be taken or damaged for public purposes without just and adequate compensation.

The following Committee amendment was read and adopted:
No. 1-7
The Committee on Amendments to the Constitution No. 2 amends House Resolution 11-19C by striking in its entirty Paragraph I of Section III of Article I and substitutes in lieu thereof the following:
"Paragraph I. PRIVATE WAYS; JUST COMPENSATION. In cases of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged for public purposes, without just and adequate compensation being first paid."
Paragraph I, Section III was adopted as amended.

The following sections and paragraphs were read and adopted:
Paragraph II. ATTAINDER; EX POST FACTO AND RETROACTIVE LAWS, ETC. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligations of contracts, or making irrevocable grant of special privileges or immunities, shall be passed.
P'aragraph III. REVOCATION OF GRANTS. No grant of special privileges or immunities shall be revoked, except in such manner as to work no injustice to the corporators or creditors of the incorporation.
Paragraph IV. REVOCATION OF TAX EXEMPTIONS. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void.
Section IV.
Paragraph I. GENERAL LAWS; UNIFORM OPERATION; HOW

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VARIED. Laws of a general nature shall have uniform operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights, shall be varied in any particular case, by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent.
Paragraph II. WHAT ACTS VOID. Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the Judiciary shall so declare them.
Section V.
Paragraph I. STATE RIGHTS. The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness.
Paragraph II. ENUMERATION OF RIGHTS NOT DENIAL OF OTHERS. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.
Section VI.
Paragraph I. TIDEWATER TITLE CONFIRMED. The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark is hereby ratified and confirmed.
ARTICLE II.
ELECTIVE FRANCHISE
Section I.
Paragraph I. ELECTION BY BALLOT; REGISTRATION OF VOTERS. Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have first been registered in accordance with the requirements of law.
Paragraph II. WHO SHALL BE AN ELECTOR ENTITLED TO REGISTER AND VOTE. 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: 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.

The following paragraph was read:

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Paragraph III. WHO ENTITLED TO REGISTER AND VOTE. To entitle a person to register and vote at any election by the people, he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the elections, and shall have paid all poll taxes that he may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior to the election at which he offers to vote, except when such elections are held within six months from the exviration of the time fixed by law for the payment of such taxes.

The following amendment was read:

Messrs. Culpepper of Fayette, Fortson of Wilkes and Harris of Richmond move to amend HR 11-19C by striking from Paragraph III of Section I of Article II wherever it appears the following language to wit:

"And shall have paid all poll taxes that he may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior to the election at which he offers to vote, except when such elections are held within six months from the expiration of the time fixed by law for the payment of such taxes."

On the adoption of the amendment Mr. Thompson of Meriwether called for the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:

Those voting in the affirmative were:

Adams Adamson Almand Ansley Arnall of Coweta Arnold of Spalding Baker Bargeron Barrett Black Boynton Britton Brock Brooke Brumby Burch Callaway Campbell Cates Cheek Cheshire Claxton

Connell Crow Crowley Culpepper Dorsey of Cobb Dorsey of White Dupree Durden Etheridge of Butts Fortson Garrison Gary Gaskins Gavin Giddens Gilbert Gowen Greene Greer Griswell Guerry Hardy of Jackson

Harrison of Jenkins Harrison of Screven Harrison of Wayne Herndon Herrin Hill Hinson of Jeff Davis Hinson of Ware Holbrook Holleman Holley Hooks Hurst Johns Kendrick Kenimer Kennon Kent Key King Knabb Lam

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La~caster
Littlejohn Maund McCracken McNall Mallard Mankin Mann of Henry Mann of Rockdale Manous Mason Medders Miller Mosley Moye of Randolph Mullinax Nicholson

Oliver O'Shea! Pettit Phillips Pittman of Tift P'orter Powell Price Ramey Ray Ritchie Rossee Sapp Shields Sills Smiley Smith of Bryan

Smith of Emanuel Sparks Strickland of Upson Swint Thornton Thrash Twitty Watford Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Toombs Williams of Ware Willoughby Wilson

Those voting in the negative were:

Alexander of Carroll Barwick Bloodworth of Bibb Bloodworth of Houston Brunson Chance Cowart Dallis DeFoor Ennis, Marion Gammage Glisson

Guyton Hardy of Hall Hart Hatchett Hicks Hogg Holloway Jackson Lewis Mitchell Moye of Brooks Murphy

Parham Pennington Roughton Rowland Seagraves Smith of Oglethorpe Strickland of Pike Thompson Trotter Weaver Witherington

Those not voting were:

Alexander of Chatham Banks Battles Beddingfield Broome Chastain Conner at Dykes Ennis, J. H. Etheridge of Fulton Evitt Fowler Freeman

Gibson Hall Hampton Hand Harden Hefner Hollis Hubert Jennings of Sumter Jennings of Terrell Kelley Lane Livingston

Looper Lovett McCurdy Malone Massey Matthews of Paulding Matthews of Peach Moore Morrison Oakley Oden Odom Overby

Parks Pannell Pittman of Bartow Riddlespurger Seagler

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353

Sears Sheffield Sumner Underwood Wells of Ben Hill

Williams of Gwinnett Williams of Jones Willis Young Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the amendment the ayes were 117, the nays 35. The amendment having received the requisite constitutional majority was adopted. Paragraph III of Section I, Article II, was adopted as amended.

Mr. Harris of Richmond asked unanimous consent that the House recess until 2:10 o'clock this afternoon.
The request was granted.

. The speaker pro tern called the House to order at 2:10 P. M.

The following paragraphs were read and adopted:
Paragraph IV. QUALIFICATION OF ELECTORS.. Every citizen of this State shall be entitled to register as an elector, and to vote in all elections in said State, who is not disqualified under the provisions of Section II of Article II of this Constitution, and who possesses the qualifications prescribed in Paragraphs II and III of this Section or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the two following subdivisions of this paragraph.
1. All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government; or,
2. All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any one of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to them by any one of the registrars.
Paragraph V. APPEAL FROM DECISION OF REGISTRARS. Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph IV shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date

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of the decision complained of, and shall he returned by the registrars to the office of the clerk of the superior court to be tried as other appeals.
Paragraph VI. JUDGEMENT OF FORCE PENDING APPEAL. Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force.
Section II.
Paragraph I. REGISTRATION OF ELECTORS; WHO DISFRANCHISED. The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor, or trust in this State, to wit: lst. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such persons shall have been pardoned. 2nd. Idiots and insane persons.

Section III.
Paragraph I. PRIVILEGE OF ELECTORS FROM ARREST. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same.

Section IV.
Paragraph I. HOLDER OF PUBLIC FUNDS. No person who is the holder of any public money, contrary to law, shall be eligible to any office in this State until the same is accounted for and paid into the Treasury.

Section V.
Paragraph I. SALE OF LIQUORS ON ELECTION DAYS. The General Assembly shall, by law, forbid the sale, distribution, or furnishing of intoxicating drinks within two miles of election precincts, on days of election-State, county, or municipal, and prescribe punishment for any violation of the same.

Section VI.
Paragraph I. RETURNS MADE TO WHOM. Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law.

The following paragraphs were read and adopted:

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ARTICLE III.
LEGISLATIVE DEPARTMENT.
Section I.
Paragraph I. POWER VESTED IN GENERAL ASSEMBLY. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives.

The following was read:
Section II.
Paragraph I. NUMBER OF SENATORS AND SENATORIAL DISTRICTS. The Senate shall consist of fifty-two members and there shall be fifty-two Senatorial Districts with one Senator from each District. The various Senatorial Districts shall be comprised of the counties as now provided, and the General Assembly shall have the authority to rearrange and change these Districts.

The following committee amendment was read and adopted:
The committee moves to amend Article III, Section II, Paragraph I, by striking said paragraph in its entirety and inserting in lieu thereof a new paragraph to be known as Article III, Section II, Paragraph I, as follows:
"The Senate shall consist of not more than fifty-four members and there shall be not more than fifty-four Senatorial Districts with one Senator from each District as now constituted, or as hereafter created. The various Senatorial Districts shall be comprised of the counties as now provided, and the General Assembly shall have authority to create, rearrange and change these Districts within the limitations herein stated."
Paragraph I, Section II of Article III, was adopted as amended.

The following paragraphs were read and adopted:
Section III.
Paragraph I. NUMBER OF REPRESENTATIVES. The House of Representatives shall consist of representatives apportioned among the several counties of the State as follows: To the eight counties having the largest population, three representatives each; to the thirty counties having the next largest population, two representatives each; and to the remaining counties, one representative each.
Paragraph II. APPORTIONMENT CHANGED, HOW. The above apportionment shall be changed by the General Assembly at tis first session after each census taken by the United States Government in accordance with the provisions of Paragraph I of Section III of this article.

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Section IV.
Paragraph I. TERM OF MEMBERS. The members of the General Assembly shall be elected for two years, and shall serve until the time fixed by law for the convening of the next General Assembly.

The following paragraph was read:
Paragraph II. ELECTION, WHEN. The first election for members of the General Assembly, under this Constitution, shall take place on the first Tuesday in November, 1946, and subsequent elections biennially, on that day, until the day of election is changed by law.

The following amendment was read and adopted:
The committee moves to amend HR 11-19C by striking the words "the first Tuesday" appearing between the words "on" and "in" in line 3 of Paragraph II of Section IV of Article III, on page 13, relating to election of members of the General Assembly, and inserting in lieu thereof the words "Tuesday after the first Monday."
Paragraph II of Section IV of Article III was adopted as amended.
The following paragraph was read:
Paragraph III. MEETING OF THE GENERAL ASSEMBLY. The General Assembly shall meet in regular session on the second Monday in January 1947, and biennially thereafter on the same day until the date shall be changed by law. By concurrent resolution, adopted by a majority of 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 (70) 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 (70) 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 unless it shall have adjourned the entire session. All business pending in the Senate or House 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 threefifths of the members elected to the Senate and the 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. The provisions of Paragraph III, Section IV of Article III of the Constitution which this Constitution supersedes which apply to the meetings of the General Assembly shall continue in force until the second Monday in January, 1947.

The following committee amendment was read and adopted:

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357

The committee amends HR ll-19C by striking from a sentence of Article III, Section IV, Paragraph III the words "unless it shall have adjourned the entire session" where the same appear in lines 15 and 16 of said paragraph on page 13 of said resolution just before the sentence beginning "All business pending in the Senate or House at the adjournment," etc., and by inserting in lieu thereof the words "unless it shall have adjourned sine die," so that the sentence as amended shall read as follows:
"If it shall adjourn the first regular session before the expiration of seventy (70) 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 unless it shall have adjourned sine die."
Paragraph III of Section IV of Article III was adopted as amended.

The following paragraphs were read and adopted:
Paragraph IV. QUORUM. A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each house may provide.
Paragraph V. OATH OF MEMBERS. Each Senator and Representative, before taking his seat, shall take the following oath, or affirmation, to wit: "I will support the Constitution of this State and of the United States, and on all quesions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State."

The following paragraph was read:
Paragraph VI. ELIGIBILITY: APPOINTMENTS FORBIDDEN. No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them, except Justices of the Peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him, shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat, provided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created or the emoluments thereof increased during such term.

The following committee amendment was read and adopted: The committee moves to amend HR ll-19C as follows:
Paragraph VI of Section IV of Article III is amended to wit: The words and phrase appearing at the end of said paragraph "or the emolu-

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ments thereof increased," are stricken so that said paragraph when amended shall read as follows:
Paragraph VI. ELIGIBILITY: APPOINTMENTS FORBIDDEN. No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them except Justices of the Peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat, provided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term.
Paragraph VI of Section IV of Article II was adopted as amended.

The following paragraphs were read and adopted:
Paragraph VII. REMOVAL FROM DISTRICT OR COUNTY, EFFECT
OF. The seat of a member of either house shall be vacated on his removal from the district or county from which he was elected.

Section V.
Paragraph I. QUALIFICATIONS OF SENATORS. The Senators shall be citizens of the United States, who have attained the age of twenty-five years, and who shall have been citizens of this State for four years, and for one year residents of the district from which elected.
Paragraph II. PRESIDENT. The presiding officer of the Senate shall be styled the President of the Senate, and shall be elected viva voce from the Senators.
Paragraph III. IMPEACHMENTS. The Senate shall have the sole power to try impeachments.
Paragraph IV. TRIAL OF IMPEACHMENTS. When sitting for that purpose, the members shall be on oath, or affirmation, and shall be presided over by the Chief Justice or the Presiding Justice of th~ Supreme Court. Should the Chief Justice be disqualified, the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the members present.
Paragraph V. JUDGMENTS IN IMPEACHMENTS. Judgments, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless be liable, and subject, to indictment, trial judgment, and punishment, according to law.

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Section VI.
Paragraph I. QUALIFICATIONS OF REPRESENTATIVES. The Representatives shall be citizens of the United States who have attained the age of twentyone years, and who shall have been citizens of this State for two years, and for one year residents of the counties from which elected.
P'aragraph II. SPEAKER. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce from the body.
Paragraph III. POWER TO IMPEACH. The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office.
Section VII.
Paragraph I. ELECTION, RETURNS, ETC.; DISORDERLY CONDUCT. Each house shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the house to which he belongs.
Paragraph II. CONTEMPTS, HOW PUNISHED. Each house may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in "its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either house.
Paragraph III. PRIVILEGE OF MEMBERS. The members of both houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either House.
P'aragraph IV. JOURNALS AND ACTS. Each house shall keep a journal of its proceedings, and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session.
Paragraph V. WHERE JOURNALS KEPT. The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof.
Paragraph VI. YEAS AND NAYS, WHEN TAKEN. The yeas and nays on any question shall at the desire of one-fifth of the members present, be entered on the Journal.
Paragraph VII. BILLS TO BE READ. Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill shall consist of the reading of the title only, unless said bill is ordered to be engrossed.
Paragraph VIII. ONE SUBJECT MATTER EXPRESSED. No law shall

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pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof.
Paragraph IX. GENERAL APPROPRIATION BILL. The general appropriation bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject.
Paragraph X. BILLS FOR REVENUE. All bills for ra1smg revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills.
Paragraph XL PUBLIC MONEY, HOW DRAWN. No money shall be drawn from the Treasury except by appropriation made by law.
Paragraph XII. BILLS APPROPRIATING MONEY. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays, in each house, are recorded.
Paragraph XIII. ACTS SIGNED; REJECTED BILLS. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected.
Paragraph XIV. MAJORITY OF MEMBERS TO PASS BILL. No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each house of the General Assembly, and it shall, in every instance, so appear on the Journal.

The following paragraph was read:
Paragraph XV. NOTICE OF INTENTION TO ASK LOCAL LEGISLATION NECESSARY. No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected, may be situated, which notice shall be given at least thirty (30) days prior to the introduction of such bill into the General Assembly, and in the manner to be prescribed by law. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office elective by the people shall be abolished nor the term of office of any official elected by the people shall be either shortened or lengthened during his term of office by local or special bill unless the question shall be submitted to a referendum by the people of the jurisdiction affected.
The following amendment was read:

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Mr. Thompson of Meriwether moves to amend P'aragraph XV of Section VII of Article III of the first section of HR ll-19C by striking same in its entirety and substituting the following from the end of said paragraph the last sentence and inserting a new sentence to read as follows:
No office to which a person has been elected shall be abolished, nor the number of members of any board or commission elected by the people be changed, nor the term of office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question.
On the adoption of the amendment Mr. Thompson of Meriwether called for the ayes and nays and the call was sustained.

The roll was called and the vote was as follows :

Those voting in the affirmative were:

Adamson Alexander of Carroll Arnold of Spalding Bloodworth of Bibb Broome Brumby Callaway Crowley Dallis Dorsey of Cobb Dupree Etheridge of Butts Garrison Griswell Guyton

Hardy of Hall Harrison of Screven Hatchett Holbrook Jackson Kenimer Lam Looper Mann of Henry Mann of Rockdale Moye of Brooks Murphy Nicholson Parham Parks

Pannell Pennington Roughton Rowland Seagraves Smith of Oglethorpe Sparks Strickland of Pike Swint Thompson Trotter Underwood Wells of Lincoln Williams of Coffee Wilson

Those voting in the negative were:

Ansley Arnall of Coweta Bargeron Barrett Beddingfield Black Britton Brooke Brunson Cheek Cheshire Connell Cowart

Crow Culpepper DeFoor Durden Ennis, Marion Etheridge of Fulton Fortson Gammage Gaskins Gavin Giddens Greer Guerry

Hand Harrison of Jenkins Hefner Herndon Herrin Hinson of Jeff Davis Holleman Holley Holloway Kelley Kennon Key King

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Lancaster Littlejohn Maund McCracken Manous Mosley Mullinax

Pettit Phillips Pittman of Bartow Ritchie Sheffield Shields Sills

Thornton Twitty Weaver Willoughby Witherington Young

Those not voting were :

Adams Alexander of Chatham Almand Baker Banks Barwick Battles Bloodworth of Houston Boynton Brock Burch Campbell Cates Chance Chastain Claxton Connerat Dorsey of White Dykes Ennis, J. H. Evitt Fowler Freeman Gary Gibson Gilbert Glisson Gowen Greene Hall Hampton Harden Hardy of Jackson Harrison of Wayne

Hart Hicks Hill Hinson of Ware Hcgg Hollis Hooks Hubert Hurst Jennings of Sumter Jennings of Terrell Johns Kendrick Kent Knabb Lane Lewis Livingston Lovett McCurdy McNall Mallard Malone Mankin Mason :\lassey Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Morrison :'vloye of Randolph

Oakley Oden Odom Oliver O'Sheal Overby Pittman of Tift Porter Powell Price Ramey Ray Riddlespurger Rossee Sapp Seagler Sears Smiley Smith of Bryan Smith of Emanuel Strickland of Upson Sumner Thrash Watford Wells of Ben Hill Whaley Williams of Appling Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Mr. Speaker

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

On the adoption of the amendment the ayes were 45, the nays 59.

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363

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

Mr. Pittman of Bartow moves to amend the committee amendment No. 6 of Paragraph XV of Section VII of Article III of the first section of HR 11-19C by striking the last sentence of said paragraph and substituting in lieu thereof the following:
No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question.
Paragraph XV of Section VII of Article III was adopted as amended.

The following paragraph was read and adopted:
Paragraph XVI. STATUTES AND SECTIONS OF CODE, HOW AMENDED. No law, or section of the code, shall be amended or repealed by mere reference to its title, or to the number of the section of the code, but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.
The following paragraph was read:
Paragraph XVII. CORPORATE POWERS, HOW GRANTED. The General Assembly shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts; it may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by what person such charters shall be granted.
The following committee amendment was read and adopted:
The committee moves to amend HR 11-19C by inserting in Article III, Section VII, Paragraph XVII, line 11, between the words "banking" and "insurance," the word "trust."
Paragraph XVII of Section VII of Article II I was adopted as amended.
The following paragraphs were read and adopted:
Paragraph XVIII. RECOGNIZANCES. The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the pay-

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ment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers.
Paragraph XIX. YEAS AND NAYS TO BE ENTERED, WHEN. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal.
Paragraph XX. POWERS OF THE GENERAL ASSEMBLY. The General Assembly shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.
Paragraph XXI. SIGNATURE OF GOVERNOR. No provision in this Constitution for a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case, except in the case of the two-thirds vote required to override the veto, to submit constitutional amendments, and in case of prolongation of a session of the General Assembly.
Paragraph XXII. ADJOURNMENTS. Neither House shall adjourn for more than three days, or to any other place, without the consent of the other, and in case of disagreement between the two Houses, on a question of adjournment, the Governor may adjourn either, or both of them.

The following paragraph was read.
Paragraph XXIII. ZONING AND PLANNING LAWS. The General Assembly of the State shall have authority to grant the governing authorities of the municipalities and counties authority to pass zoning and planning laws whereby such cities may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvements on real estate therein.
The following committee amendment was read and adopted:
The committee amends Paragraph XXIII of Section VII of Article III of Section I of HR 11-19C of the New Constitution by inserting in line five of said paragraph after the words "Such Cities" the words "or Counties."
Paragraph XXIII of Section VII of Article III was adopted as amended.

The following paragraph was read and adopted:
Paragraph XXIV. CIVIL SERVICE-EQUAL PREFERENCE TO VETERANS. 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

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is already in force, shall provide equal preferences accorded to such veterans as now exist under Federal Civil Service Laws.

The following amendment was read and adopted:
Mr. Weaver of Bibb moves to amend HR 11-19C by adding a new paragraph to Section VII of Article III, said new paragraph to be numbered XXV to read as follows:
"Paragraph XXV. STREET RAILWAYS. The General Assembly shall not authorize the construction or any street passenger railway, within the limits of any corporate toWn or city, without the consent of the cooperate authorities."

Mr. Kent of Glascock county, Chairman of the Committee on Enrollment, sub mitted 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 25. HB 75. HB 76. HB 98. HB 99. HB 102. HB 109. HB 112. HB 113. HB 118. HB 160.

Respectfully submitted,

Kent of Glascock, Chairman.

Mr. Durden of Dougherty moved that the House do now adjourn until 10 o'clock tomorrow morning, and the motion prevailed.
By unanimous consent leaves of absence were granted to Messrs. Sears of Atkinson, Herrin of Echols, Hollis of Chattahoochee, and Smith of Bryan.
The speaker announced that the House stands adjourned until 10 o'clock tomorrow morning, and HR 11 was carried over as unfinished business.

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Representative Hall, Atlanta, Georgia.
Friday, February 2, 1945.
The House met pursuant to adjournment this day at 10:00 o'clock a. rn., was called to order by the speaker pro tern and opened with Scripture reading and prayer by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Miller of Decatur, vice-chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had 'been read and found correct.
By unanimous consent, the reading of the journal was dispensed with. The journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consent:
1. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second readings of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills. 6. First reading and reference of Senate 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 328. By Mr. Ray of Warren: A bill to be entitled an act to fix the salary for the commissioner of roads and revenues, and a clerk, for Warren county; and for other purposes. Referred to the Committee on Counties and County Matters.
HB 329. By Mr. Hefner of Pickens: A bill to be entitled an act to amend the charter of the City of Jasper to give the authorities the right to open, close, increase or reduce widths of streets; and for other purposes. Referred to the Committee on Municipal Government.
HB 330. By Messrs. Pannell of Murray, Kenirner of Harris, and Holley of Richmond:

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367.

A bill to be entitled an act to amend the Workmen's Compensation Act by defining the method of computing compensation; to enact a suberogation section; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 331. By Messrs. McCracken of Jefferson and Phillips of Columbia:
A bill to be entitled an act to require a deposit of $25,000.00 from all fire, marine, life, casualty, indemnity, and inland insurance companies; and for other purposes.
Referred to the Committee on Insurance.

JIB 332. By Mr. Gaskins of Berrien:
A bill to be entitled an act to provide that the tax commissioner of Berrien county shall retain fees for issuing fi fas in addition to his salary; and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 51-332A. By Mr. Greer of Lanier:
A resolution memorializing Congress to call a convention to adopt an amendment to the Constitution of the United States to limit the income and inheritance tax to be levied by the Federal Government at not to exceed twenty-five per cent, except in time of war; and for other purposes.
Referred to the Committee on State of Republic.

HB 333. By Messrs. Barwick of Grady, Williams of Coffee, Holloway of Schley, and Alexander of Carroll:
A bill to be entitled an act to provide Confederate veterans shall receive $75.00 per month pensions; widows of veterans $50.00 per month and sons and daughters of veterans 70 years of age or over $25.00 per month; and for other purposes.
Referred to the Committee on Pensions:

HB 334. By Mr. Fowler of Douglas:
A bill to be entitled an act to abolish the office of treasurer of Douglas county and provide for a disbursing clerk and a county depository; and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Ralph Knabb of Charlton county, Chairman of the Committee on Privileges and Elections, submitted the following report:

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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 252. Do Pass.

HB 316. Do Pass.

HB 218. Do Pass.

SB 79. Do Pass.

Respectfully submitted, Knabb of Charlton, 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 269. Do Pass. HB 271. Do Pass. HB 276. Do Pass: HB 285. Do Pass. HB 292. Do Pass. HB 286. Do Pass. HB 293. Do Pass. HB 294. Do Pass. HB 301. Do Pass. HB 302. Do Pass. HB 310. Do Pass. HB 311. Do Pass. HB 312. Do Pass. HB 313. Do Pass. HB 314. Do Pass.

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369

HB 318. Do Pass.
SB 55. Do Pass.
SB 53. Do Pass. SB 81. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Sumner of Worth county, Chairman of the Committee on State Sanitarium at Alto, submitted the following report:

Mr. Speaker:

Your Committee on State Sanitarium at Alto 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 17. Do Pass.

Respectfully submitted,

Greer of Lanier, Acting 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 recommendation:
HR 44-298A. Do Pass.
Respectfully submitted, Mrs. Guerry of Macon, Chairman.

Mr. Swint of Spalding county, Chairman of the Committee on General Agriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 2 have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the following recommendation:

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HB 208. Do Pass.

Respectfully submitted,

Swint of Spalding, Chairman.

Mr. Harrison of Jenkins county, Chairman of the Committee on Conservation, submitted the following report:

Mr. Speaker:

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

HB 284. Do Pass.

Respectfully submitted, Harrison of Jenkins, Chairman.

Mr. Baker of Floyd county, Chairman of the Committee on Penitentiary, submitted the following report:

Mr. Speaker:

Your Committee on Penitentiary have had under consideration the following resolution of the House and have instructed me as Chairman to report the same back to the House with the following recommendation:

HR 30-225. Do Pass.

Respectfully submitted,

Baker of Floyd, Chairman.

Mr. Bloodworth of Bibb county, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the House with the following recommendation:
SB 67. Do Pass.
Respectfully submitted, Bloodworth of Bibb, Chairman.

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371

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

HB 208. By Messrs. Connell and Cowart of Lowndes, Willoughby of Clinch, and Gowen of Glynn:
A bill to be entitled an act to prevent the adulturation of spirits of turpentine and naval stores and to provide for the appointment and duties of the supervising inspector of naval stores; and for other purposes.

HB 218. By Mr. Gibson of Seminole:
A bill to be entitled an act to provide a new registration book for voters in Seminole county and to require all persons to re-register before January 1st, 1946; and for other purposes.

HB 252. By Messrs. Ray of Warren and Smith of Emanuel:
A bill to be entitled an act to provide there are two or more militia districts in an incorporated town or city electors may vote in a militia district other than the one in which he resides; and for other purposes.

HB 269. By Messrs. Thompson and Hatchett of Meriwether:
A bill to be entitled an act to provide that the clerk of the Superior Court of Meriwether county shall be paid a salary in addition to fees; and for other purposes.

HB 271." By Dr. Moye of Brooks:
A bill to be entitled an act to pay the sheriff of Brooks county a salary in addition to fees; and for other purposes.

HB 276. By Mr. Sears of Atkinson:
A bill to be entitled an act to pay the sheriff of Atkinson county a salary in addition to fees; and for other purposes.

HB 284. By Messrs. Hinson and Williams of Ware, Connell of Lowndes, and Thrash of Coffee:
A bill to be entitled an act to prevent waste and to foster, encourage and provide conservation of crude oil and natural gas and protect the vested, co-equal or correlative rights of owners of crude oil or natural gas, and to create an oil and gas commission; and for other purposes.

HB 285. By Mr. Willis of Irwin: A bill to be entitled an act to fix the salaries of the commissioners of roads

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and revenues and the clerk of the board in Irwin county; and for other purposes.

HB 286. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act to fix the salary of the coroner of Cobb county; and for other purposes.

HB 292. By Mr. Dorsey of White:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver and create the office of tax commissioner of White county; and for other purposes.

HB 293. 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 294. By Mr. Overby of Stewart:
A bill to be entitled an act to fix the salary of the tax commissioner of Stewart county; and for other purposes.

HB 301. By Messrs. Arnold and Swint of Spalding:

A bill to be entitled an act to authorize the Griffin-Spalding County Hospital

Authority to spend or invest any monies received from any source; and for

other purposes.



HB 302. By Mr. Campbell of Newton:
A bill to be entitled an act to fix the salary of the treasurer of Newton county; and for other purposes.

HB 310. By Messrs. Hooks and Smith of Emanuel:
A bill to be entitled an act to provide that the board of commissioners of roads and revenues of Emanuel county shall fix the salary of the clerk of the board; and for other purposes.

HB 311. By Messrs. Hooks and Smith of Emanuel:
A bill to be entitled an act to provide that the board of commissioners of roads and revenues of Emanuel county may elect their own clerk; and for other purposes.

HB 312. By Mr. Griswell of Gwinnett:

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373

A bill to be entitled an act to provide a salary for the sheriff of Gwinnett county in addition to fees; and for other purposes.

HB 313. By Mr. Williams of Jones:
A bill to be entitled an act to provide a salary for the sheriff of Jones county in addition to fees; and for other purposes.

HB 314. By Mr. Looper of Dawson:
A bill to be entitled an act to provide a salary for the sheriff of Dawson county in addition to fees; and for other purposes.

HB 316. By Mr. Ramey of Chattooga:
A bill to be entitled an act to provide that a second primary shall be held in Chattooga county where a candidate for any county office does not receive a majority of the votes cast; and for other purposes.

HB 318. By Mr. Greer of Lanier:
A bill to be entitled an act to create a three-member board of commissioners of roads and revenues for Lanier county; and for other purposes.

HR 30-225B. By Messrs. Thrash of Coffee, Hatchett and Thompson of Meriwether, and Fortson of Wilkes:
A resolution repealing a resolution adopted at the extra-ordinary session of 1944 to the effect that two members of the State Prison Board should not be employed by the Department of Corrections; and for other purposes.

HR 40-298A. By Mr. Greer of Lanier:
A resolution to transfer the administration of the State Tuberculosis Sanitarium at Alto from the Department of Public Health to the State Department of Public Welfare ; and for other purposes.

SB 53. By Senator Peebles of the 18th:
A bill to be entitled an act to fix the salary of the treasurer of Glascock county; and for other purposes.

SB 55. By Senator Yawn of the 48th:
A bill to be entitled an act to provide that the certified public accountant employed to audit the books of Dodge county shall be selected by the judge of the Superior Court; and for other purposes.

SB 79. By Senator Drake of the 8th:

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A bill to be entitled an act to provide for new registration books for the voters of Seminole county and to provide all persons must re-register before January 1, 1946; and for other purposes.

SB 81. By Senator Drake of the 8th:
A bill to be entitled an act to provide five trustees for the Spring Creek consolidated school district of Seminole county; and for other purposes.

SR 17. By Senators Norton of the 33rd and Wellborn of the 40th:
A resolution to provide for a committee of three from the Senate and five from the House, to be appointed by the presiding officers, to investigate and make recommendations on the conditions of the state tuberculosis sanatorium at Alto; and for other purposes.

Mr. Kent of Glascock 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 3.

HB 92.
HR 7.

HR 15.

Respectfully submitted,

Kent of Glascock, Chairman.

By unanimous consent the following bills of the Senate were taken up for consideration, read the third time and placed upon their passage:

SB 17. By Senator Mavity of the 44th:
A bill to be entitled an act to pay the county comm1sswners of Walker county $7,500.00 instead of $4,000 per annum; and for other purposes.

The following amendment was read and adopted:
Mr. Crow of Walker moves to amend SB 17 by striking the words and figures seven thousand five hundred dollars ($7,500.00) per annum wherever they appear in the bill and inserting in lieu thereof the words and figures five thousand dollars ($5,000.00) per annum so as to make Section IX of said bill read as follows:

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375

"Be it further enacted by the authority aforesaid that the compensation of said commissioner shall not exceed $5,000.00 per annum to be paid monthly out of the county depository or treasury. Said commissioner shall give his full time to the discharge of his duties as such."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill as amended, the ayes were 103, the nays 0.
The bill having received the requisite constituional majority was passed as amended.

SB 58. By Senator McGinty of the 43rd:
A bill to be entitled an act to amend the Charter of the City of Calhoun, to define and establish the territorial 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 61. By Senator Mavity of the 44th: A bill to be entitled an act to amend the Charter of the City of Lafayette by extending 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 fo the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 65. By Senator Mavity of the 44th:
A bill to be entitled an act to amend the Charter of the City of Chickamauga to increase the school tax from one to two per cent; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent the following bill of the Senate was read for the first time and referred to the committee:

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SB 39. By Senator Gross of the 31st: A bill to be entitled an act to regulate the employment of children and to defin~ hazardous occupations; and for other purposes.
Referred to the Committee on Industrial Relations.

Under the special and continuing order of business fixed by HR 45, HR ll-l9C was again taken up for further consideration:

The following paragraph and section was read and adopted:
Section VIII.
Paragraph I. SECRETARY OF SENATE AND CLERK OF HOUSE OF REPRESENTATIVES. The officers of the two houses, other than the President and Speaker, shall be a Secretary of the Senate and Clerk of the House of Representatives, and such assistants as they may appoint.

The following paragraph was read:
Section IX.
Paragraph I. COMPENSATION AND MILEAGE. The per diem of members of the General Assembly shall not exceed ten dollars; and the mileage shall not exceed ten cents for each mile traveled, by the nearest practical route, in going to, and returning from, the Capitol; but the President of the Senate and the Speaker of the House of Representatives shall each receive not exceeding fifteen dollars per diem.
By unanimous consent action on this paragraph was postponed until Monday, February 5th.

The following paragraph was read and adopted:
Section X.
Paragraph I. VIVA VOCE VOTE; PLACE OF MEETING. All elections by the General Assembly shall he by viva voce, and the vote shall appear on the Journal of the House of Representatives. When the Senate and House of Representatives unite for the purpose of elections, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the result.
After reconsideration of Paragraph XV, of Section VII of Article III, the following amendment was read and adopted:.
Mr. Thompson of Merriwether moves to amend Paragraph XV of Section VII of Article III of the first section of HR ll-l9C as amended by adding the following sentence after the end of said paragraph as amended:

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377

"Where any local law shall add any member or membesr to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added ~ust be elected by a majority vote of the qualified voters of the political subdivision affected."

The following amendment was read and adopted:
The committee moves to amend HR ll-19C by adding another section to Article III to be appropriately numbered Section XI, and reading as follows:
Section XI.
Paragraph I. SALARIES OF ELECTIVE OFFICIALS, HOW CHANGED. The General Assembly may, at any time, by a majority vote of both branches, prescribe other and different salaries for all of the elective officers provided for in this Constitution, but no such change shall affect the officers then in commission.

ARTICLE IV.
PUBLIC UTILITIES, EMINENT DOMAIN, POLICE POWER, INSURANCE COMPANIES, CONTRACTS, ETC.
Section I.
Paragraph I. PUBLIC UTILITY TARIFFS AND CHARGES. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroads and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county of municipality of this State.
Faragraph II. REBATES. No public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished, any such payments shall be illegal and void; and these prohibitions shall be enforced by suitable penalties.
Section II.
Paragraph I. RIGHT OF EMINENT DOMAIN. The exercise of the right of eminent domain shall never be abridged nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use.
Paragraph II. POLICE POWER. The exercise of the police power of the

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State shall never be abridged, nor so construed as permit the conduct of business in such manner as tp infringe the equal rights of others, or the general wellbeing of the State.
Section II I.
Paragraph I. CHARTERS REVIVED OR AMENDED SUBJECT TO CONSTITUTION. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter or amend the same, nor pass any other general or special law, for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and every amendment of any charter of any corporation in this State, or any special law for its benefiit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provision of this Constitution.
Section IV.
Paragraph I. CONTRACTS TO DEFEAT COMPETITION. All contracts and agreements, which may have the effect, or be intended to have the effect, to defeat or lessen competition, or to encourage monopoly, shall be illegal and void. The General Assembly of this State shall have no power to authorize any such contract or agreement.
Paragraph II. GENERAL ASSEMBLY TO ENFORCE ARTICLE. The General Assembly shall enforce the provisions of this Article by appropriate legislation.

The following paragraph was read:
Paragraph III. PUBLIC SERVICE COMMISSION AS CONSTITUTIONAL OFFICERS. 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 hereafter 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, compensations, 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.

The following amendment was read and adopted:
11-23. PUBLIC SERVICE COMMISSION AS CONSTITUTION OFFICERS.
The committee moves to amend the proposed Constitution by striking Article IV, Section IV, Paragraph III, and substituting in lieu thereof, the following:

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379

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 hereafter 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 selected by the members of the Commission from its membership. 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 until December 31st after the general election at which the successor of each member is elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensations, filling of vacancies, manner and time of election, power and duties of members of the Commission, including the chairman shall be such as are now or hereafter be provided by the General Assembly.
Paragraph III, Section IV, Article IV was adopted as amended.

The following paragraphs and sections were read and adopted :
Section V.
Paragraph I. WIFE'S SEPARATE ESTATE. All property of the wife at the time of her marriage, and all property given to, inherited or acquired by her, shall remain her separate property, and not liable for the debts of her husband.
Section VI.
Paragraph I. NONRESIDENT INSURANCE COMPANIES. All life insurance companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, chartered by other States of the Union, or foreign States, shall show that they have deposited with the Comptroller General of the State in which they are chartered, or of this State, the Insurance Commissioner, or such other officer as may be authori"ied to receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his ordet, as a guarantee fund for the security of policy-holders.
P'aragraph II. LICENSE BY COMPTROLLER GENERAL. When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from the State official having charge of the funds so deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law.
Paragraph III. RESIDENT INSURANCE COMPANIES; GUARANTEE FUND. All life insurance companies chartered by the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order,

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as a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the company so depositing. Any such securities as may be needed or desired by the company may be taken from said department at any time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company.
Paragraph IV. GENERAL ASSEMBLY TO ENACT LAWS FOR PEOPLE'S PROTECTION, ETC. The General Assembly shall, from time to time enact laws to compell all fire insurance companies, doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with the Treasurer of this State, to secure the people against loss by the operations of said companies.

The following paragraph was read:
Paragraph V. REPORTS BY INSURANCE COMPANIES. The General Assembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make semi-annual reports to the Comptroller General, and print the same at their own expense, for the information and protection of the people.

The following amendment was read and adopted:
To amend HR ll-19C as follows:
By striking the word "semi-annual" from Paragraph V, Section VI of Article IV, and inserting in lieu thereof the word "annual," so that said Paragraph V as amended will read as follows:
"Paragraph V. REPORTS BY INSURANCE COMPANIES. The General Assembly shall c~mpel all insurance companies in this State, or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same at their own expense, for the information and protection of the people."
Paragraph V, Section VI, Article IV was adopted as amended.

By unanimous consent Paragraphs I and II of Section I of Article V were postponed until Monday, February 5th.

The following paragraphs were read and adopted:
Paragraph III. RETURNS OF ELECTIONS. The returns for every election of Governor shall be sealed up by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to the Secretary of State, who shall, without opening said returns, cause the i,llme to be laid before the Senate on the day after the two houses shall have been .organized, and they shall be transmitted by the Senate to the House of Representatives.

FRIDAY, FEBRUARY 2, 1945

381

P'aragrph IV. HOW RETURNS PUBLISHED. The members of each branch of the General Assembly shall convene in the Representative Hall, and the President of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the majority of the whole number of votes, shall be declared duly elected Governor of this State; but, if no person shall have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the General Assembly to elect, the General Assembly shall immediately elect a Governor viva voce; and in all cases of election of a Governor by the General Assembly, a majority of the members present shall be necessary to a choice.
Paragraph V. CONTESTED ELECTIONS. Contested elections shall be determined by both houses of the General Assembly in such manner as shall be prescribed by law.
Paragraph VI. QUALIFICATIONS OF GOVERNOR. No person shall be eligible to the office of Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years, and who shall not have attained the age of thirty years.
Paragraph VII. DEATH, RESIGNATION, OR DISABILITY OF GOVERNOR. In case of death, resignation, or disability of the Governor, the President of the Senate shall exercise the executive powers of the government until such disability be removed, or a successor is elected and qualified. And in case of the death, resignation, or disability of the President of the Senate, the Speaker of the House of Representatives shall exercise the executive powers of the government until the removal of the disability, or the election and qualification of a Governor.
Paragraph VIII. UNEXPIRED TERMS, FILLING OF. The General Assembly shall have the power to provide by law, for filling unexpired terms by special elections.
Paragraph IX. OATH OF OFFICE. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: "I do solemnly swear or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America."
Paragraph X. COMMANDER-IN-CHIEF. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof.
Action on Paragrph XI was postponed until Monday, February 5th.

The following paragraph was read:
Paragraph XII. WRITS OF ELECTION, CALLED SESSIONS OF THE GENERAL ASSEMBLY. The Governor shall issue writs of election to fill vacancies that may happen in the Senate and the House of Repre~entatives, and shall

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give the General Assembly, from time to time, information of the State of the Commonwealth, and recommend to their consideration such measures as he may deem necessary or expedient. The Governor shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted at called sessions of the General Assembly, except such as shall relate to the object stated in his proclamation convening them.
Provided, however, that when three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of said Governor and mandatory upon him, within five days from the receipt of such certificate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary, self convened session shall be limited to a period of 30 days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the State Government, in which event the General Assemly shall be authorized to remain in session until such trial shall have been completed.
The members of the General Assembly shall receive the same per diem and mileage during such extraordinary session as is now or may hereafter be provided.

The following amendment was read and adopted:
The committee moves to amend Article V, Section I, Paragrph XII by striking the period at the end of the first paragraph in the twelfth line and immediately following the words "convening them" and inserting in lieu thereof a semicolon and adding the following words to wit:
"Providing that such called sessions of the General Assembly shall not exceed 70 days in length unless at the expiration of said period there shall be pending an impeachment trial of some officer of the State Government in which event the General Assembly will be authorized to remain in session until such trial has been completed."
Paragraph XII was adopted as amended.

The following paragraphs were read and adopted:
Paragraph XIII. FILLING VACANCIES. When an office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof.
Paragraph XIV. APPOINTMENTS REJECTED. A person once rejected

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by the Senate, shall not be reappointed by the Governor to the same office during the same session or the recess thereafter.
Paragraph XV. GOVERNOR'S VETO. The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each house may pass a law notwithstanding his dissent; and if any bill should not be returned by the Governor within five days (Sunday excepted) after it has been presented to him, the same shall be a law; unless the General Assembly by their adjournment, shall prevent its return. He may approve any appropriation, and disapprove and other appropriation, in the same bill, and the latter shall not be effectual, unless passed by two-thirds of each House.
Paragraph XVI. GOVERNOR TO APPROVE RESOLUTIONS, ETC. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take.effect be approved by him, or, being disappruved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Constitution.
Paragraph XVII. INFORMATION FROM OFFICERS AND EMPLOYEES; SUSPENSION OF OFFICERS. The Governor may require information in writing from Constitutional officers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment. The General Assembly shall have authority to provide by law for the suspension of any Constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same.

The following paragraph was read:

Section II.
OTHER ELECTIVE OFFICE lS.
Paragraph I. EXECUTIVE OFFICERS, HOW ELECTED. The Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected by the persons qualified to vote for members of the General Assembly at the same time, and in the same manner as the Governor. The provisions of the Constitution as to the transmission of the returns of the election, counting the votes, declaring the results, deciding when there is no election, and when there is a contested election, applicable to the election of Governor, shall apply to the election of the above named executive officers; they shall be commissioned by the Governor and hold their offices for the same time as the Governor.

The following amendment was read and adopted:

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Mr. Harris of Richmond moves to amend HR ll-19C by adding after the words "Attorney General," of Paragraph I of Section II of Article V, the following:
"State School Superintendent."
Paragraph I of Section II was adopted as amended.

The following paragraphs were read and adopted:
Paragraph II. DUTIES, AUTHORITY, AND SALARIES OF OTHER EXECUTIVE OFFICERS. The General Assembly shall have power to prescribe the duties, authority, and salaries of the executive officers, and to provide help and expenses necessary for the operation of the department of each.
Paragraph III. PROFIT FROM USE OF PUBLIC MONEY. No State official shall be allowed, directly or indirectly, to receive any fee, interest, or reward from any person, bank, or corporation, for the deposit, or use, in any manner, of the public funds, and the General Assembly shall enforce this provision by suitable penalties.

The following paragraph was read:
Paragraph IV. QUALIFICATIONS. No person shall be eligible to the office of the Secretary of State, Attorney General, Comptroller General, Treasurer, Commissioner of Agriculture and Commissioner of Labor, unless he shall have been a citizen of the United States for ten years, and shall have resided in this State for six years next preceding his election, and shall be twenty-five years of age when elected. All of said officers shall give bond and security, under regulations to be prescribed by law, for the faithful discharge of their duties.

The following amendment was read and adopted:
Mr. Harris of Richmond moves to amend HR II-19C by adding after the words "Attorney General," in Paragraph IV, Section II, of Article V, the following:
"State School Superintendent."
Paragraph IV was adopted as amended.

The following paragraphs were read and adopted:
Paragraph V. FEES AND PERQUISITES DENIED. No State official shall be allowed any fee, perquisite or compensation other than their salaries as prescribed by law, except their necessary expenses when absent from the seat of government on business for the State.
Section III.
Paragraph I. GREAT SEAL; WHAT CONSTITUTES; CUSTODY; WHEN AFFIXED TO INSTRUMENTS. The great seal of the State shall be

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deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the great seal of the State until otherwise provided by law.

Section IV.
Paragraph I. GAME AND FISH COMMISSION. 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 Governor 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 he filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after 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.

The following paragraph was read:
Section V.
Paragraph I. There shall be a State Board of Correction composed of seven members in charge of the State Penal System. The Board shall have such jurisdiction, powers, duties and control of the State Penal System and the inmates thereof as shall be provided by law. The Board shall elect a Director of Corrections who shall be the executive officer of the Board. The Board of Corrections shall be appointed by the Governor with the advcie and consent of the Senate. The first appointments shall be for terms as follows: Two for two years, two for five years, and three for seven years and thereafter all terms shall be for seven years. The compensation of the Director of Corrections and members of the State Board of Corrections shall be fixed by law.

The following committee amendment was read and adopted:
The committee moves to amend Section V of Article V as contained in HR 11-19C by striking Section V in its entirety and substituting a new Section V to read as follows:
Section V.
Paragraph I. STATE BOARD OF CORRECTIONS; HOW COMPOSED; DIRECTOR. There shall be a State Board of Correction composed of five members in charge of the State penal system. The Board shall have such jurisdiction,

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powers, duties and control of the State penal system and the inmates thereof as shall be provided by law. The Board shall elect a Director of Corrections who shall be the executive officer of the Board. The Board of Corrections shall be appointed by the Governor with the consent of the Senate. The first appointment shall be for terms of one, two, three, four and five years, and their successors shall be appointed for terms of five years each. The compensation of the Director and members of the Board shall be fixed by law.
Article V, Section V, Paragraph I, was adopted as amended.

The following paragraph was read:
Section VI.
Paragraph I. There shall be a State Department of Veterans Service composed of seven members, who shall have such control, duties, powers and jurisdiction over Veterans affairs as shall be provided by law. The Department of Veterans Service shall appoint a Director who shall be the executive officer of the department. Members of the Department of Veterans Service shall be appointed by the Governor with the advice and consent of the Senate and four members of the department shall be selected from veterans organizations recognized by the U. S. Veterans Administration. First appointments shall be for terms of 1, 2, 3, 4, 5, 6 and 7 years. Thereafter all terms and appointments, except in case of vacancy, shall be for seven years. The compensation of the director and members of the State Department of Veterans Service shall be fixed by law. All members of the commission and director shall be veterans of some war of the United States.

The following committee amendment was read and adopted:
No. 15-35
The committee moves to amend P'aragraph I of Section VI of Article V as appears in section I of H R ll-19C by striking said paragraph in its entirty and substituting in lieu thereof a paragraph to read as follows:
Section VI.
DEPARTMENT OF VETERANS SERVICE; VETERANS SERVICE BOARD; HOW COMPOSED; DIRECTOR
"Paragraph I. There shall be a State Department of Veterans Service and a Veterans Service Board composed of five members, who shall have such control duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. Said board shall appoint a director who shall be the executive officer of the department. Members of the board shall be appointed by the Governor with the advice and consent of the Senate and all members of the board and the director shall be veterans of some war in which the United States has engaged.
The first appointments shall be for terms of one, two, three, four, and five years.

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387

Thereafter all terms and appointments, except in case of vacancy, shall be for five years. Vacancies shall be filled by appointment of the Governor..,
Paragraph I, Section VI, Article V was adopted as amended.

The following paragraphs were read and adopted :

ARTICLE VI.
JUDICIARY.
Section I.
Paragraph I. COURTS ENUMERATED. The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Courts of Ordinary, Justices of the Peace, Notaries Public who are ex-officio Justices of the Peace, and such other Courts as have been or may be established by law.
Section II.
Paragraph I. SUPREME COURT JUSTICES. QUORUM. The Supreme Court shall consist of seven associate justices, who shall from time to time as they may deem proper, elect one of their member as Chief Justice, and one as Presiding Justice; the office of Chief Justice as it has heretofore existed under this Constitution being hereby converted into the office of an associate justice, with the same right of incumbency and the same succession to terms, as applied to the former office. The Chief Justice so elected by the other Justices shall be the chief presiding and administrative officer of the court, and the Presiding J utice, elected in like manner, shall perform all the duties devolving upon the Chief Justice, when he is absent or disqualified. A majority of the court shall constitute a quorum.
Paragraph II. COURTS TO DESIGNATE JUDGES TO PRESIDE, WHEN; MEANS FOR SUPREME COURT TO PREVENT DELAY IN CONGESTED DOCKETS. When one or more of the Justices of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Court to preside in said case, provided, that if all the justices are disqualified, they or a majority of them shall, despite their disqualification select seven judges of the Superior Court to preside in the cause, but they shall make such selections by lot in open court from not less than twelve names of such Superior Court judges.

The following paragraph was read:
Paragraph III. TERMS OF OFFICE. The Justices aforesaid shall hold their offices for six years, and until their successors are qualified. They shall be elected by the people at the same time and in the same manner as members of the General Assembly; provided, that the successors to the two incumbents whose terms will expire on December 31, 1944, shall be elected for the succeeding terms at the time of electing members of the General Assembly during that year; successors to the

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two incumbents whose terms will expire on December 31, 1946, shall be elected in like manner during that year; successors to the two incumbents whose terms will expire on Decemebr 31, 1948, shall be elected in like manner during that year and provided further that an additional or seventh Justice shall be immediately appointed by the Governor, his tenure under such appointment to expire on December 31, 1946, and his successor for the ensuing regular term of six years to be elected at the time and in the same manner aforesaid at such general election to be held during that year; and all terms (except unexpired terms.) shall be for six years. In case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor for the balance of the unexpired term shall have been elected and qualified. The returns of such elections shall be made to the Secretary of State, who shall certify the result to the Governor, and commission shall issue accordingly.

The following committee amendment was read and adopted:
No. 17-36 & 37
The committee moves to amend HR 11-19C by striking from the 7th line of Paragraph III of Section II of Article VI, on page 36, relating to the terms of office of the Justices of the Supreme Court, the figures "1944" and inserting in lieu thereof the figures "1946"; and by striking from the 11th line of said Paragraph III of Section II of Article VI, on page 36, the figures "1946" and inserting in lieu thereof the figures "1948"; and by striking from the 13th line of said Paragraph III of Section II of Article VI, on page 37, the figures "1948" and inserting in lieu thereof the figures "1950."
Paragraph III was adopted as amended.

The following paragraph was read:
Paragraph IV. JURISDICTION, OF SUPREME COURT. The Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savannah, and such other like courts as have been or may hereafter be established in other cities, in all cases that involve the construction of the Constitution of the State of Georgia or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the state of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals for its determinantion. It shall also be competent for the Supreme Court to require by certiorari or otherwise any cases to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried by writ of

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389

error to the Supreme Court. Any case carried to the Supreme Court or to the Court of Appeals, which belongs to the class of which the other court has jurisdiction, shall, until otherwise provided by law, be transferred to the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof.

The following committee amendments were read and adopted:
The committee moves to amend HR ll-19C by inserting after the comma following the word "Savannah" and before the word "and" appearing in the 5th line of Paragraph IV of Section II of Article VI, on page 37, relating to the jurisdiction of the Supreme Court, the words "as they existed on August 19, 1916."
The committee moves to amend HR 11-19C by adding to the end of Paragraph IV of Section II of Article VI, on page 38, relating to the jurisdiction of the Supreme Court and following the word and period "thereof." a new sentence as follows:
"The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error, and may prescribe conditions as to the right of a party litigant to have his case reviewed by the Supreme Court or Court of Appeals."
Paragraph IV as amended was adopted.
The following paragraphs were read and adopted:
Paragraph V. CASES, HOW DISPOSED OF. The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing, as provided by Paragraph VIII 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 for 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 error 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 resulting therefrom.
Paragraph VI. JUDGMENTS MAY BE WITHHELD. In any case the Court may in its discretion withhold its judgment until the next term after the same is argued.
The following paragraph was read:
Paragraph VII. THE SUPREME COURT; HOW CASES TO BE HEARD AND DETERMINED. The Supreme Court shall have power to hear and determine cases when sitting in a body, under such regulations as may be prescribed by the General Assembly.

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The following committee amendment was read and adopted.
The committee moves to amend HR 11-19C by striking the words "the General Assembly" being the last three words appearing in Paragraphs VII of Section II of Article VI relating to the Supreme Court, on page 38, and substituting in lieu thereof the word "it."
Paragraph VII as amended was adopted.
Action on VII was postponed until Monday, February 5th.

The following paragraphs were read and adopted:
Section II I.
SUPERIOR COURTS
Paragraph I. TERMS, ETC., OF SUPERIOR COURT JUDGES. There shall be a judge of the Superior Courts for each judicial circuit, whose term of office shall be for four years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time at which the term of office of such additional judge or judges shall begin, and the manner of his appointment or election, and shall have authority from time to time to add to the number of judges in any judicial circuit; or to reduce the number of judges in any judicial circuit; provided that at all times there shall he at least one judge in every judicial circuit of this State.

The following paragraph was read :
Paragraph II. ELECTIONS, wHEN TO BE HELD. The successors to the present and subsequent incumbents shall be elected by the electors entitled to vote for members of the General Assembly of the whole State, at the general election held for such members, next preceding the expiration of their respective terms.

The following committee amendment was read and adopted:
Committee amends Paragraph II, Section III of Article VI on page 41:
By interposing between the words "electors" and "entitled" in the third line of said paragraph the words "of the whole State" and by striking from the fourth line thereof the words "of the whole State," so that said paragraph when so amended shall read as follows:
Paragraph II. ELECTIONS, WHEN TO BE HELD. The successors to the present and subsequent incumbents shall be elected by the electors of the whole State entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of their respective terms.

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391

P;tragraph II, Section III, of Article VI was adopted as amended.

The following paragraph was read and adopted:
Paragraph III. TERMS BEGIN, WHEN. The terms of the judges to be elected under the Constitution, except to fill vacancies, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointments of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
The following paragraph was read:
Paragraph IV. DIVISION OF JUDICIAL CIRCUITS; ASSISTANCE TO JUDGES OF SUPERIOR COURTS TO RELIEVE CONGESTED DOCKETS. The Supreme Court shall divide the judicial circuits of the State into seven subdivisions known as Districts for the purpose of this paragraph. And the Chief Justice shall assign each Associate-Justice to one of such judicial districts whose duty it shall be to acquaint himself with the volume of legal business in each judicial circuit of such district. Every two years the Chief Justice shall reassign the Associate-Justices to other and different districts until such Associate-Justice, or his successor in office, shall have served in all the districts. Whenever any judge of the Superior Courts, by reason of any disqualification, disability, or necessary absence from his circuit, or the accumulation or urgency of business, is unable to perform speedily all of the work of his circuit, the Associate-Justice of the Supreme Court so assigned to the district in which his circuit is located, or in his absence or disability the Chief Justice, may, if in his judgment, the public interest requires, designate and assign any judge of the Superior Courts to act as judge in such circuit and to discharge any or all of the judicial duties of a judge thereof for such time as the business of the circuit may require.
Sessions of the Superior Courts may be held in two or more counties in the same circuit at the same time. Before any such designation or assignment is made by an Associate-Justice of the Supreme Court, he shall submit the designation or the assignment to the Chief Justice and obtain his consent thereto.
The following committee amendment was read and adopted:
Committee moves to amend HR ll-19C, Article VI, Section III, by striking in its entirety Paragraph IV, headed: "Division of Judicial Circuits! Assistance to Judges of Superior Courts to relieve congested dockets;" also by striking in its entirety Paragraph V, headed: "Cases Furnished by Clerk of Superior Court"; also moves to amend by striking in its entirety Paragraph VI, headed: "Rule Making Power."
Paragraph IV, Section III of Article VI was adopted as amended.
The following paragraphs were read and adopted:

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Paragraph V. CASES FURNISHED BY CLERK OF SUPERIOR COURT. The Clerk of the Superior Court shall prepare as of the first day of January and July of each year, and before the expiration of 30 days from these dates shall transmit to the Associate-Justice of the Supreme Court having supervision of the district in which his circuit is located, a statement of all cases then pending in his courts and the length of time that they have been so pending and whether the cause is civil or criminal. A failure to do so may be punished as for contempt of the Supreme Court.
Paragraph VI. RULE MAKING POWER. On and after January 1, 1947, the rule making power for practice and procedure in the several courts of this State shall be vested in the Supreme Court of Georgia; provided, that. the General Assembly shall have the power to create a Judicial Council and to confer on it this power; provided, further, that rules promulgated hereunder shall not abridge, enlarge or modify the substantive rights of any litigant. The General Assembly shall provide for the publication of the rules.

Mr. Durden of Dougherty moved that the House do now adjourn until 10 o'clock Monday morning and the motion prevailed.
The speaker pro tern announced that the House stands adjourned until Monday morning at 10 o'clock, and HR 11 was carried over as unfinished business.

MONDAY, FEBRUARY 5, 1945

393

Representative Hall, Atlanta, Georgia.
Monday, February 5, 1945.

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 scripture reading and prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Miller of Decatur, 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 conffirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unimous consent:
( 1) Introductions 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) Third reading and passage of uncontested local bills. (6) First reading and refereace of Senate bills.
By unanimous consent, the iollowing bills and/ or resolutions of the House were introduced, read the first time, and referred to the committees:

HB 335. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to icrease school taxes in Richmond county from 12to 15 mills; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 336. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an acT to provide a system of pensions for employees of the board of health of Ri.:hmond county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 337. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to establish a budget system for the county board of education of Richmond conty; and for other purposes.

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Referred to the Committee on Counties and County Matters.

HB 338. 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, to provide the method of electing and term of office of the building inspector; and for other purposes.
Referred to the Committee on Municipal Government.

HB 339. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to fix the amount of fees to be collected and held by the coroner of Fulton countY. and to provide for an office and clerical assistance; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 340. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to repeal the civil service system for Fulton county police ; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 341. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide :or the civil service system m the Fulton county probation office; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 342. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton, Hubert and Broome of DeKalb:
A bill to be entitled an act to provide for the condemnation and sale of any vehicle used to transport lottery tickets; and for other pup roses. Referred to the Committee on General Judiciary No. 1.

HB 343. By Messrs. Etheridge, Kendrick and l\Irs. Mankin of Fulton:
A bill to be entitled an act to propose an amendment to Article 7, Section 7, paragraph 1 of the Constitution, to authorize tile City of Atlanta to incur bonded indebtedness for school puposes; and for other purposes.
Referred to the Committee on Amend111ents to Constitution No. 1.

HB 344. By Mesrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: K
A bill to be entitled an act to propuse an amendment to Paragraph 2 of Article 7 of the Constitution, to provide for the payment of pensions or

MONDAY, FEBRUARY 5, 1945

395

retirement pay to widows and minor children of county employees of Fulton county; and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

HB 345. By Mr. Matthew of Peach:
A bill to be entitled an act to amend the charter of the City of Fort Valley, defining the duties of the water and light commission and how utilites owned by the city may be extended or enlarged; and for other purposes.
Referred to the Committee on Municipal Government.

HB 346., By Messrs. Gammage and Jennings of Sumter:
A bill to be entitled an act to provide all candidates for the General Assembly in Sumter county shall specify the encumbent he desires to oppose; and for other purposes.
Referred to the Committee on Privileges and Elections.

HB 347. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to repeal Code Section 92-6907 which makes it unlawful for tax assessors to hold any other office; and for other purposes.
Referred to the Committee on State of Republic.

HB 348. By Mr. DeFoor of Mcintosh:
A bill to be entitled an act to fix the of>en season for hunting marsh hens in Mcintosh county from November 20th to January 15th; and for other purposes.
Referred to the Committee on Game and Fish.

HB 349. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta, to provide that members of the police and fire departments may be granted leaves of absence to accept other positions; and for other purposes.
Referred to the Committee on Municipal Government.

HB 350. By Messrs. Harris of Richmond, Durden of Dougherty and Hand of Mitchell.
A bill to be entitled an act to provide that state board of education may accept federal and other available funds to provide for adult education; and for other purposes.
Referred to the Committee on Education No. 1.

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JOURNAL OF THE HOUSE,

HB 351 By Mr. Lewis of Hancock:
A bill to be entitled an act to provide for four terms each year of Hancock superior court; and for other purposes. Referred to the Committee on Special Judiciary.

HB 352. By Messrs. Phillips of Columbia and Durden .of Dougherty:
A bill to be entitled an act to provide for the conversion of fraternal benefit societies into stock life insurance or mutual life insurance companies; and for other purposes.
Referred to the Committee on Insurance.

HB 353. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia:
A bill to be entitled an act to amend Paragraph 5 of Code Section 40-208,
to provide that the Secretary of State shall keep a book of commissions showing the dates when issued for all officers, civil and military; and for other purposes.
Referred to the Committee on State of Republic.

HB 354. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia:
A bill to be entitled an act to provide county boards of educations may provide transportation for pupils and school employees, and to repeal Code Section 32-919; and for other purposes.
Referred to Committee on Education No. 1.

HB 355. By Messrs. Harris of Richmond, Durden of Dougerty, Hand of Mitchell and Phillips of Columbia:

A bill to be entitled an act to authorize the state board of education to

receive federal and other funds for the construction and improvement of

school houses; and to provide for the inspection of school houses; and for

other purposes.

'

Referred to the Committtee on Education No. 2.

HB 356. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia.
A bill to be entitled an act to describe, define and officially adopt a system of coordinates for designating and stating the position of points on the earth's surface in this State; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

MONDAY, FEBRUARY 5, 1945

397

HB 357. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia: A bill to be entiled an act to amend Code Section 92-3118 by striking sub-section (g) thereof and substituting a new sub-section relating to the method of computing income tax of persons who die during a taxable year; and for other purposes.
Referred to the Committee on Ways and Means.
HB 358. By Messrs. Connel and Cowart of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta to provide a retirement system for city employees; and for other purposes.
Referred to the Committee on Municipal Government.
HB 359. By Messrs. Hand and Twitty of Mitchell and Hart of Thomas:
A bill to be entitled an act to empower and direct municipalities and other political subdivisions, to promulgate, administer, and enforce airport zoning regulations and to provide for the acquisition of airports; and for other purposes.
Referred to the Committee on Aviation.
HB 360. By Mr. MeN all of Chatham:
A bill to be entitled an act to repeal Code Section 45-503 and substitute a new section providing that each peddler of fresh water fish shall obtain a license in each county where he sells fish; and for other purposes.
Referred to the Committee on Game and Fish.
HB 361. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to authorize the governing authority of the several counties, to enact and enforce zoning and planning ordinances; and for other purposes.
Referred to the Committee on State of Republic.
HB 362. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia:
A bill to be entitled an act to authorize municipalities and counties of this state, to acquire, construct, maintain and operate public parking places; and for other purposes.
Referred to the Committee on State of Republic.

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JOURNAL OF THE HOUSE,

HB 363. By Mr. McNall of Chatham:
A bill to be entitled an act to strike the definition of a private pond in the game and fish law and substitute a new definition; and for other purposes.
Referred to the Committee on Game and Fish.

HB 364. By Messrs. H:,'ld and Twitty of Mitchell and Hart of Thomas:
A bill to be entitled an act to authorize the several counties and mumcipalities, to establish res~rve funds and define conditions under which tax money may be transferred thereto; and for other purposes.
Referred to the Committee on State of Republic.

H B 365. By Messrs. MeN all, Alexander and Connerat of Chatham:
A bill to be entitled an act to authorize the governing authority of the several counties, to conserve the ground water of the State by limiting the number and size of wells; and for other purposes.
Referred to the Committee on State of Republic.

HB 366. By Mr. McNall of Chatham:
A bill to be entitled an act to amend the game and fish laws by providing that the State game and fish commission shall employ and have control over all employees of the department, and fixing the salary of the director; and for other purposes.
Referred to the Committee on Game and Fish.

HB 367. By Messrs. Williams of Coffee, Barwick of Grady, Sheffield of Miller, Herndon of Hart and Hinson of Jeff Davis:
A bill to be entitled an act to provide gasoline and kerosene used on farm operations shall be exempt from the gas tax; and for other purposes.
Referred to the Committee on Ways and Means.

HB 368. By Messrs. Hand and Twitty of Mitchell and Hart of Thomas:
A bill to be entitled an act to authorize the several municipalities of this State to enact zoning ordinances and to provide for the establishment of planning boards and board of adjustment; and for other purposes.
Referred to the Committee on State of Republic.

HB 369. By Messrs. Hand and Twitty of Mitchell and Hart of Thomas: A bill to be entitled an act to authorize municipalities and counties of this

MONDAY, FEBRUARY 5, 1945

399

State, to acquire, construct, maintain and operate public parking places; and for other purposes.
Referred to the Committee on State of Republic.

HB 370. By Mr. Bargeron of Burke:
A bill to be entitled an act to exempt a resident who catches or produces the fish and other .sea foods he sells at retail from paying any license; and for other purposes.
Referred to the Committee on Game and Fish.

HB 371. By Messrs. Arnall of Coweta, Smith of Emanuel and Phillips of Columbia:
A bill to be entitled an act to amend the income tax law by providing for interest at 6% on refunds of taxes erroneously or illegally paid; and to provide for filing claims within three years; to repeal Code Sections 92-3308 and 92-3310 in their entirety; and for other purposes.
Referred to the Committee on Ways and Means.

HB 372. By Messrs. Arnall of Coweta, Smith of Emanuel and Phillips of Columbia:
A bill to be entitled an act to amend the motor fuel tax act by substituting the words "State Revenue Commissioner" for the words "Comptroller General" in chapter 73-2 of the Code; amending 73-214 to provide for a sample of 20 ounces instead of 8; and for other purposes.
Referred to the Committee on Ways and Means.

HB 373. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia:
A bill to be entitled an act to amend sub-paragraph (o) of Code Section 92-3002 by striking the following, "It includes such portion of the assets of a corporation distributed at the time of dissolution as would in effect be a distribution of earnings"; and for other purposes.
Referred to the Committee on Ways and Means.

HB 374. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia:
A bill to be entitled an act to amend Code Section 92-5712 by providing a taxpayer cannot segregate any part or parcel of land and pay the taxes thereon without paying the same proportionate part on his personal property included in his return; and for other purposes.
Referred to the Committee on Ways and Means.

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HB 375. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia:
A bill to be entitled an act to provide no legal proceedings to avoid a sale of property under a levy of a tax execution can be instituted until persons seeking to void such sale shall pay to the clerk of Superior Court all taxes, cost, penalties or interest due; and for other purposes.
Referred to the Committee on Ways and Means.

HB 376. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia:
A bill to be entitled an act to repeal sub-paragraph (e) of Code Section 92-3201 and substituting a new sub-paragraph (e) providing "The final return for a deceased individual shall be made on the basis provided in Section 92-3118, sub-paragraph (g) of this code"; and for other purposes.
Referred to the Committee on Ways and Means.

HB 377. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia:
A bill to be entitled an act to amend Sections 2 and 3 of an act approved December 27, 1937 (Georgia Laws 1937-1938, pp. 156-170), by striking "And accounts receivable and all notes except those representing credits secured by real estates"; and for other purposes.
Referred to the Committee on Ways and Means.

:IB 378. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia:
A bill to be entitled an act to repeal Code Sections 92-3308 and 92-3310 and to enact a new Section 92-3308; to make an appropriation to refund taxes; to provide for interest on refunds at 6%; and for other purposes.
Referred to the Committee on Ways and Means.

HB 379. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia:
A bill to be entitled an act to strike from Code Section 92-4611 paragraphs 3, 4 and 5 thereof and substituting a new paragraph 3 to provide that tax receivers shall keep open and maintain an office at the county site each year during the period provided by law for receiving tax returns; and for other purposes.
Referred to the Committee on Ways and Means.

MONDAY, FEBRUARY 5, 1945

401

HB 380. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia:
A bill to be entitled an act to strike paragraph 5 of Code Section 92-4901 and substituting a new paragraph 5 to provide that tax collectors shall keep
open and maintain an office at the county site for the purpose of collecting taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 381. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia:
A bill to be entitled an act to require clerks of the Superior Courts of the several counties to report to the State Department of Revenue all mortgages, security deeds, bonds for title, contracts, bills of sale, and all other evidences of indebtedness; to provide for COIJ!pensation for such reports; and for other purposes.
Referred to the Committee on Ways and Means.

HB 382. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips Qf Columbia:
A bill to be entitled an act to amend the income tax laws so as to provide for the amortization of premiums paid on the purchase price of bonds where the income from such bonds is subject to Georgia State Income Tax; and for other purposes.
Referred to the Committee on Ways and Means.

HB 383. By Mr. Price of Clarke:
A bill to be entitled an act to amend Code Section 32-937 so as to provide veterans of World War No. II may attend the public schools of this state; and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 384. 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 adding a new paragraph dealing with revenues of the school department; and for other purposes.
Referred to the Committee on Municipal Government.

HR 52-344A. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A resolution proposing an amendment to Article VII, Section VI, P'aragraph II of the Constitution authorizing Fulton county commissioners to levy

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and collect a license tax on all persons doing business in unincorporated areas and to regulate the conduct of businesses in said areas; and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

HR 53-382A. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia:
A resolution directing and authorizing the State Revenue Commissioner to sell contraband articles which the law requires him to seize, at ceiling prices formulated under federal laws; and for other purposes.
Referred to the Committee on Ways and Means.

HB 385. By Mr. Oden of Pierce:
A bill to be entitled an act to amend an act approved March 5, 1937 ( Georgia Laws 1937, pp. 264-280), by striking section 9 on page 270 and substituting a new sentence designating the Department of Forestry the agency to extend all federal funds available for fire prevention and forest farming and nursery work; and for other purposes.
Referred to the Committee on Conservation.

HB 386. By Mr. Oden of Pierce:
A bill to be entitled an act to amend an act approved March 5, 1937 (Georgia Laws 1937, pp. 264-280), by striking paragraph B of section 9 and substituting a new paragraph B authorizing the director of forestry to name fire wardens and providing fire fighting crews may enter any land for the purpose of suppressing fires; and for other purposes.
Referred to the Committee on Conservation.

HB 387. By Mr. Oden of Pierce:
A bill to be entitled an act to amend an act approved March 5, 1937 (Georgia Laws 1937, pp. 264-280), by adding a new sentence to paragraph 1, section 9, to provide that the Department of Forestry may charge a fee for special service to farmers and timber growers ; and for other purposes.
Referred to the Committee on Conservation.

HB 388. By Mr. Oden of Pierce:
A bill to be entitled an act to authorize the Department of Forestry to purchase and operate airplanes for fire patrol; and for other purposes.
Referred to the Committee on Conservation.

MONDAY, FEBRUARY 5, 1945

403

HB 389. By Mr. Oden of Pierce:
A bill to be entitled an act to amend Code Section 92-3113 by adding a new sub-section to be known as (2-A) to provide net income from any oil and/or gas well shall follow the situs of the property from which derived; and for other purposes.
Referred to the Committee on Ways and Means.

HB 390. By Mr. Oden of Pierce:
A bill to be entitled an act to strike section 15-304 and substitute a new section giving consent of the State of Georgia to the acquisition of lands by the federal government for national forestry, wild-life snactuaries and land on which to build roads and bridges in the Okefenokee Swamp; and for other purposes.
Referred to the Committee on Public Property.

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

SB 66. By Senator Hawes of the 30th:
A bill to be entitled an act to amend an act abolishing the fee system in the Superior Courts of the northern circuit and fixing a salary in lieu thereof; and for other purposes.

SB 87. By Senator Millican of the 52nd:
A bill to be entitled an act amending an act authorizing the Board of Commissioners of Roads and Revenues of Fulton county to establish rules and regulations governing the payment of pensions to county employees; and for other purposes.

SB 90. By Senator Millican of the 52nd:
A bill to be entitled an act amending section 36-606 of the 1933 Code of Georgia by adding a provision that when such corporation is a municipality it shall acquire a fee simple title to the property condemned; and for other purposes.
Mr. Wells of Ben Hill county, Chairman of the Committee on Engrossing, submitted the following report:

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Mr. Speaker:

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

HB 148.

HB 196.

HB 243.

HB 248.

HB 253.

HB 259.

HB 260.

HB 263.

HB 268.

HB 274.

HR 28.

Respectfully submitted,

Wells of Ben Hill, Chairman.

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage:
HB 218. By Mr. Gibson of Seminole: A bill to entitled an act to provide a new registration book for voters in Seminole county and to require all persons to re-register before January . 1st, 1946; and for other purposes.
The report 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 285. By Mr. Willis of Irwin:
A bill to be entitled an act to fix the salaries of the Commissioners of Roads and Revenues and the clerk of the board in Irwin county; and for other purposes.

MONDAY, FEBRUARY 5, 1945

405

The report 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 292. By Mr. Dorsey of White:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver and create the office of tax commissioner of White 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 293. 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.
The report 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 294. By Mr. Overby of Stewart:
A bill to be entitled an act to fix the salary of the tax commissioner of Stewart county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 302. By Mr. Campbell of Newton:
A bill to be entitled an act to fix the salary of the treasurer of Newton county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.

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The bill having received the requisite constitutional majority was passed.

HB 310. By Messrs. Hooks and Smith of Emanuel:
A bill to be entitled an act to provide that the board of commtsswners of roads and revenues of Emanuel county shall fix the salary of the clerk of the 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 110, the nays 0.
The bill having received the requisite constitutional majority was passed.

H B 311. By Messrs. Hooks and Smith of Emanuel:
A bill to be entitled an act to provide that the board of commtsswners of roads and revenues of Emanuel county may elect their own clerk; 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 111, the nays 0.
The bill having received the requisite constitutional majority was passed.

Hl3 318. By Mr. Greer of Lanier: A bill to be entitled an act to create a three-member board of commissioners of Roads and revenues for Lanier 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.

SB 53. By Senator Peebles of the 18th: A bill to be entitled an act to fix the salary of the treasurer of Glascock 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.

MONDAY, FEBRUARY 5, 1945

407

SB 55. By Senator Yawn of the 48th:
A bill to be entitled an act to provide that the certified public accountant employed to audit the books of Dodge county shall be selected by the judge of the 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 114, the nays 0.
The bill having received the requisite cons-titutional majority was passed.

SB 79. By Senator Drake of the 8th:
A bill to be entitled an act to provide for new registration books for the voters of Seminole county and to provide all persons must re-register before January 1, 1946; and for other purposes.
The report 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 81. By Senator Drake of t_he 8th:
A bill to be entitled an act to authorize citizens of Seminole county to fish in Spring Creek without being required to obtain a license; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent the following bills of the Senate were read the first time and referred to the committee:

SB 66. By Senator Hawes of the 30th:
A bill to he entitled an act to amend an act abolishing the fee system in the Superior Courts of the northern circuit and fixing the salary in lieu thereof for the solicitor general of said circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 87. By Senator Millican of the 52nd: A bill to be entitled an act to amend an act entitled "An act authorizing the

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board of commissioners of roads and revenues for Fulton county to establish rules and regulations governing the payment of pensions to county employees of said county"; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 90. By Senator Millican of the 52nd:
A bill to be entitled an act to amend section 36-606, Code of Georgia, 1933, providing that when any corporation or person seeking to condemn, shall pay the amount of the finai award that such corporation shall be vested with such interest in the property to exercise its franchise or conduct its business so as to provide that when such corporation is a municipality having a population of more than 250,000 according to the last or any future decennial census shall acquire fee simple title; and for other purposes.
Referred to the Committee on Municipal Government.

The following veto-message was received from his excellency the Governor:

Hon. Roy V. Harris, Speaker House of Representatives and 1.\-Iembers House of Representatives State Capitol Atlanta, Georgia

January 30, 1945.

Dear Mr. Speaker and Members of the House of Representatives:

I am returning herewith House Bill No. 38 entitled "An Act to amend Section 32-937 of the Civil Code of 1933 revising the school laws of the State, by adding a new proviso that veterans of World War No. 2 may be admitted to the public schools of this State, without charge, and regardless of age; and for other purposes," which has been vetoed for the reasons stated in the atttached letter to me dated January 30, 1945, and signed by F. A. Sams, State Director of Veterans Education, and J. I. Allman, Assistant State Superintendent of Schools.

If this bill becomes law, it will prevent the State of Georgia from receiving Federal funds in accordance with P. L. No. 346 to repay the State for the education of World War No. 2 veterans in the public schools of this State. Accordingly, this measure if law will prevent the State of Georgia from receiving funds from the Federal Government which are needed in furthering the educational processes of our State.
It is my recommendation that the measure be reenacted with no reference to admitting veterans "free of charge" to the public schools of this State. Then, the State School Officials can, in my judgment, under our administrative authority refuse and decline to accept tuition from World War No. 2 veterans unless the Federal Government pays this tuition under P. L. No. 346 or other Federal statutes.

MONDAY, FEBRUARY 5, 1945

409

Respectfully submitted,

Ellis Arnall, Governor.

Honorable Ellis Arnall Governor of Georgia State Capitol Atlanta 3, Georgia

January 30, 1945.

Dear Governor Arnall:
With further reference to our conversation yesterday concerning the attached bill, which has passed both houses and is on your desk for approval, may we suggest that, before signing same, you investigate the effect that this bill might have upon the possibility that returning soldiers who want to attend the common schools of Georgia would be deprived of receiving federal funds provided for in P. L. No. 346 for their education.
We are sure that everyone is extremely anxious that every facility be provided these boys to continue their education in whatever field they may choose and that none of us desires that either the individual or the state be deprived of any of the benefits that may be derived from federal funds provided for that purpose.
It has been suggested to us, and we agree with the opinion, that, if the attached bill should become law, the taxpayers of Georgia will be called upon to furnish the money for tuition for returning veterans that otherwise would be paid by the federal government under Public Law No. 346.
May we suggest further that this law be so drawn that state facilities for education be made free to veterans only after federal funds available for that purpose have been exhausted.
Sincerely yours,
F. A. Sams State Director of Veterans Education
J. I. Allman Assistant State Superintendent of Schools

By unanimous consent, the House insisted on its amendments to the following bill of the Senate to wit:
SB 13. By Senators Freeman of the 22nd, Harrell of the 7th, and others:
A bill to be entitled an act authorizing superior courts of this state to render declaratory judgments; and for other purposes.

The speaker appointed the following members of the House as a committee of

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JOURNAL OF THE HOUSE,

conference on the part of the House on SB 13: Messrs. Hicks of Floyd, Gowen of Glynn, and Twitty of Mitchell:

The following communication was received from his excellency the Governor:

Hon. Roy V. Harris, Speaker and Members
House of Representatives State Capitol Atlanta, Georgia

February 5, 1945.

Dear Mr. Speaker and Members of the Hou"se of Representatives:

It is my information that the House will today deal with the provtswn in the proposed new Constitution relating to compensation of members of the General Assembly. Quite naturally there will be some reluctance on the part of the members to vote to submit to the people increases in their own compensation. Hence, the purpose of this message.

It is my hope that the General Assembly will authorize an increase in compensation of members of the General Assembly equal to at least $10.00 per diem and $5.00 per diem subsistence. It is my belief that the people of Georgia want the members of the Legislature adequately paid. Under the present scale of remuneration I believe it impossible for legislators to attend sessions of the General Assembly without some personal financial sacrifice. Many of the members, I know, cannot possibly break even because of the expenses of their campaigns, high living cost in Atlanta, entertaining their constituents and doing the innumerable other things expected of them as Senators and Representatives of the people.

I, therefore, recommend to the Legislature that adequate provision be made in the proposed new Constitution for paying Assembly members on a basis whereby they at least "break even" on expenses.

Respectfully yours,

Ellis Arnall, Governor.

The following resolutions of the House were read and adopted:

HR 55. By Messrs. Harris of Richmond and Fortson of Wilkes:
WHEREAS, the members of the House have just been informed of the death of the mother of our distinguished colleague from Clinch county, the Honorable Ben T. Willoughby;
THEREFORE, be it resolved by the House that our deepest sympathy be and the same is hereby extended to the Honorable Ben T. Willoughby in this hour of sadness and bereavement.

MONDAY, FEBRUARY 5, 1945

411

HR 55. By Messrs. Harris of Richmond and Fortson of Wilkes:

WHEREAS, the members of the House have just been informed of the death

of the mother of our distinguished colleague from Pauling county, the Honorable

Joseph I. Matthews;

'

THEREFORE, be it resolved by the House that our deepest sympathy be and the same is hereby extended to the Honorable Joseph I. Matthews in this hour of sadness and bereavement.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:

HB 12. By Messrs. Weaver, Bloodworth and Wilson of Bibb and others:
A bill to be entitled an <tct amending an act by adding a provision that the adopting parents of a child adopted prior to said act of 1941 may obtain a birth certificate for said child; and for other purposes.

HB 106. By Mr. McCracken of Jefferson:
A bill to be entitled an act to provide for amending Code Section 47-105, so as to provide for oaths to the members of the General Assembly by adding the judges of the Court of Appeals thereto; and for other purposes.

The Senate has passed by substitute by the requisite constitutional majority the following bill of the House to wit:

HB 39. By Messrs. Price of Clark, Harris of Richmond, and others:
A bill to be entitled an act amending an act which provided for certain sums of money to assist in the education of orphans of soldiers, sailors, and marines killed in action in World War I, so as to provide the same benefit for veterans of World War II; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:

HB 72. By Mr. Price of Clark:
A bill to be entitled an act creating a war veterans memorial commission; and for other purposes.

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JOURNAL OF THE HOUSE,

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

HR 28. By Messrs. Gowen and Gilbert of Glynn and others: A resolution to establish a joint committee on state ports and docks.

The president has appointed on the part of the Senate the following members to wit:
Senators: Brown of the 6th Mavity of the 44th Walker of the 45th Edenfield of the 2nd Bennett of the 17th

The Senate has agreed to the House amend!pent to the following bill of the Senate to wit:

SB 17. By Senator Mavity of the 44th:
A bill to be entitled an act raising the salary of the county commissioner of Walker county; and for other purposes.
Under the special and continuing order of busines~, fixed by HR 45, HR ll-19C was again taken up for consideration.

The following paragraph was read:
Section IX.
Paragraph I. COMPENSATION AND MILEAGE. The per diem of members of the General Assembly shall not exceed ten dollars; and the mileage shall not exceed ten cents for each mile traveled, by the nearest practical route, in going to, and returning from, the Capitol; but the President of the Senate and the Speaker of the House of Representatives shall each receive not exceeding fifteen dollars per diem.

The following committee amendment was read and adopted:
The committee moves to amend HR 11-19C by striking in its entirety paragraph I (compensation and mileage) of section 9, article 3 of the proposed amendment to the Constitution, page 21, and by inserting in lieu thereof the following:
"Paragraph I. COMPENSATION, EXPENSE AND MILEAGE. The per diem of members of the General Assembly shall be $10.00 per day plus the additional sum of $5.00 per day for maintenance expense; and the mileage shall not ~xceed 10

MONDAY, FEBRUARY 5, 1945

413

cents for each mile traveled by the nearest practical route in going to and returning from the Capitol; but the president of the Senate and the speaker of the House of Representatives shall each receive $15.00 per day as per diem plus the additional sum of $5.00 per day for maintenance expense."
On the adoption of the amendment, the ayes were liS, the nays 38, the amendment having received the requisite constitutional majority was adopted. Faragraph I of Section IX of Article III was adopted as amended.
The following members of the House requested that they be recorded in the journal as voting against the above amendment: Messrs. Seagler of Crawford, Fowler of Douglas, Etheridge of Butts, Glisson of Evans, King of Richmond, Parks of Lumpkin, Powell of Stephens, Hooks of Emanuel, Swint and Arnold of Spalding, Arnall of Coweta, Trotter, Dallis and Lam of Troup, Wells of Lincoln, Brunson of Bulloch, Hefner of Pickens, DeFoor of Mcintosh, Massey of Dade, Holloway of Schley, Herrin of Echols, Culpepper of Fayette, Connell of Lowndes, and Bargeron of Burke.

The following paragraph was read:
ARTICLE V.
EXECUTIVE DEPARTMENT.
Section I.
Paragraph I. GOVERNOR; TERM OF OFFICE; SALARY, ETC. The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. He shall have a salary of seven thousand five hundred dollars per annum until January 1, 1947. The salary of the Governor for each year thereafter shall be twelve thousand dollars per annum until otherwise provided by a law passed by a majority votes of both branches of the General Assembly, which shall not be increased or diminished during the period for which he shall have been elected; nor shall he receive, within that time, any other emolument from the United States, or either of them, or from any foreigri power. The State officers, required by this Constitution to be elected at the same time, for the same term, and in the same manner as the Governor shall also hold office for four years.
The following committee amendment was read and adopted:
The committee moves to amend Par-agraph I of Section I of Article V by adding a new sentence to follow the first sentence in said paragraph to read as follows:
The Governor serving at the time of the adoption of this constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold the office until after the expiration of four years from the conclusion of his term of office.
Paragraph I of Section I of Article V was adopted as amended.

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The following paragraph was read and adopted:
Paragraph II. ELECTION FOR GOVERNOR. The first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1946, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place quadriennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same.

The following paragraph was read and adopted:
Paragraph XL REPRIEVES AND PARDONS; STATE BOARD OF PARDONS AND PAROLES. 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 purpose w4ich 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 sh;ll 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 refmes to suspend a sentence of death. Provided that such board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. Except if any member for any cause is unable to serve in any case involving capital punishment, the Governor shall act as the third member of said Board and the action so taken in such instance shall be by unanimous vote. 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

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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 Fardons and Paroles under this provision may be those in offioe 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.

The following paragraph was read:
Paragraph VIII. COURT OF APPEALS. The Court of Appeals shall consist of the Judges provided therefor by law at the time of the ratification of this amendment, and of such additional Judges as the General Assembly shall from time to time prescribe. All terms of the Judges of the Court of Appeals after the expiration of the terms of the Judges provided for by law at the time of the ratification of this. amendment (except unexpired terms) shall continue six years, and until their successors are qualified. The times and manner of electiqg Judges, and the mode of filling a vacancy which causes an unexpired term, shall be the same as are or may be provided for by the laws relating to the election and appointment of Justices of the Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correction of errors of law from the Superior Courts and from the City Courts of Atlanta and Savannah, and such other like courts as have been or may hereafter be established in other cities, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, and in such other cases as may hereafter be prescribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme Court, and thereupon a transcript of the record shall be transmitted to the Supreme Court, which, after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the Supreme Court by the Court of Appeals, and the subsequent proceedings in regard to the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below in case~ pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme Court as hereinbefore provided. All writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the Court and before the docket of the term is by order of the Court closed, shall be entered thereon, and when received at any other time, shall be entered on the docket



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of the next term; and they shall stand for hearing at the term for which they are so entered, under such rules as the Court may prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court as to qualifications and salaries of Judges, the designation of other Judges to preside when members of the Court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the Court, the powers, practice, procedure, times of sitting, and costs of the Court, the publication of reports of cases decided therein, and in all other respects, except as otherwise provided in this Constitution or by the laws as to the Court of Appeals at the time of the ratification of this amendment, and until otherwise provided by law, shall apply to the Court of Appeals so far as they can be made to apply. The decisions of the Supreme Court shall bind the Court of Appeals as precedents. The Court of Appeals shall have power to hear and determine cases when sitting in a body, except as may be otherwise provided by the General Assembly.

The following committee amendments were read and adopted:
The committee moves to amend HR 11-19C by inserting after the comma following the word "Savannah" and before the word "and" appearing in the 17th line of Paragraph VIII of Section II of Article VI, on page 39, relating to the jurisdiction of the Court of Appeals, the words "as they existed on August 19, 1916."
Mr. Weaver of Bibb moves to amend HR 11-19C by striking from Paragraph VIII of Section II of Article VI the last sentence in said paragraph and substituting in lieu thereof:
The Court of Appeals shall have power to hear and determine cases when sitting in a body, except as now or as may hereafter be provided by the General Assembly.
Paragraph VIII of Section II of Article VI was adopted as amended.

The following paragraphs were read and adopted:
Section IV.
Paragraph I. EXCLUSIVE JURISDICTION. The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life, or confinement in the penitentiary, in cases respecting titles to land, and equity cases.
Paragraph II. EQUITY MAY BE MERGED IN COMMON LAW COURTS. The General Assembly may confer upon the Courts of common law all the powers heretofore exercised by Courts of equity in this State.
Paragraph III. GENERAL JURISDICTION. Said Courts shall have jurisdiction in all civil cases, except as hereinafter provided.
Paragraph IV. APPELLATE JURISDICTION. They shall have appellate jurisdiction in all such cases as may be provided by law.

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Paragraph V. CERTIORARI, MANDAMUS, ETC. They shall have power to correct errors in inferior judicatories by writ of certiorari, which shall only issue on the sanction of the Judge, and said Courts, and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers as are, or may be conferred on them by law.
Paragraph VI. NEW TRIALS. The Superior and City Courts may grant new trials on legal grounds.

The following was read:
Paragraph VII. JUDGMENT BY THE COURT. The Court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed except as otherwise provided in this Constitution.

The following amendment to Paragraph VII was read and adopted.
The committee moves to amend Paragraph VII, Section IV, Article VI by striking the same and placing in lieu thereof the following:
"Paragraph VII. JUDGMENT OF THE COURT. The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution."
P'aragraph VII of Section IV of Article VI was adopted as amended.

The following paragraphs were read and adopted.
Paragraph VIII. SESSIONS. The Superior Courts shall sit in each county not less than twice in each year, at such times as have been, or may be appointed by law. The judges of said courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutary or final judgment, any matter or issue, where a jury verdict is not required, or may be waived.
Paragraph IX. PRESIDING JUDGE DISQUALIFIED. The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding judge is from any cause disqualified.
Section V.
Paragraph I. JUDGES OF SUPERIOR AND CITY COURTS MAY ALTERNATE, WHEN. In any county within which there is, or hereafter may be a City Court the Judge of said Court, and of the Superior Court may preside in the Courts of each other in cases where the Judge of either Court is disqualified to preside.
Section VI.
Paragraph I. APPEALS FROM ORDINARY. The powers of a Court of Ordinary and of Probate shall be vested in an OrdinarJ for each county, from whose

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decision there may be an appeal, or by consent of parties, without a decision to the Superior Court under regulations prescribed by law.

The following paragraph was read:
Paragraph II. POWERS. The Courts of Ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law.
The Court of Ordinary shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State in all counties of this State in which there is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges, for offenses arising within their respective jurisdiction.

The following amendment was read and adopted: The committee moves to amend HR II-19C by striking in its entirety Paragraph II (Powers) of Section VI of Article VI of the proposed amendment to the Constitution, page 44, and by inserting in lieu thereof the following:
"Paragraph 2. POWERS. The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law.
The court of ordinary shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under the compulsory school attendance law in all counties of this state . in which there is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offense arising under the act known as the Georgia State Highway Patrol of 1937, and other traffic laws of the state within their respective jurisdiction." .
Paragraph II of Section VI of Article VI was adopted as amended.

The following was read and adopted:
Paragraph III. TERM OF OFFICE. The Ordinary shall hold his office for the term of four years and until his successor is elected and qualified.
Section VI I.
Paragraph I. NUMBER AND TERM OF OFFICE. 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 for 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

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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 I 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 as to subject matter now exercised by justice courts an'd 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 civil court of Fulton county 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 I of Section IX of Article VI of the Constitution of Georgia.

The following paragraph was read :
Paragraph II. JURISDICTION. Justices of the peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injury or damage to personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulation as may be prescribed by law.
The following amendment to Paragraph II was read and adopted:
The committee amends Paragraph II of Section VII of Article VI by striking said paragraph and substituting therefor the following paragraph to be known as Paragraph II, Section VII of Article VI to wit:

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"Justices of the Peace shall have jurisdiction in all civil cases arising ex-contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulation as may be prescribed by law."
P'aragraph II of Section VII of Article VI was adopted as amended.

The following paragraphs were read and adopted:
Paragraph III. ELECTIONS AND COMMISSIONS. Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in office.
Section VIII.
Paragraph I. APPOINTMENT; NUMBER; TERM; REMOVAL. Commissioned notaries public, not to exceed one for each district, may be appointed by the judges of the superior courts in their respective circuits, upon recommendation of the grand juries of the several counties. They shall be commissioned by the Governor for the term of four years and shall be ex-officio justices of the .peace, and shall be removable on conviction for malpractice in office.
Section IX.
Paragraph I. UNIFORMITY PROVIDED FOR. Except as otherwise provided in this Constitution, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers (except City Courts) of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. This uniformity must be established by the General Assembly, and in case of City Courts, may be established by the General Assembly.
Section X.
Paragraph I. ELECTION; TERM OF OFFICE. There shall be an Attorney General of this state, who shall be elected by the people at the same time, for the same term and in the same manner as the Governor.
Paragraph II. DUTIES. It shall be the duty of the Attorney General to act as the legal adviser of the Executive Department, to represent the state in the Supreme Court in all Capital felonies; and in all civil and criminal cases in any court when required by the Governor and to perform such other services as shall be required of him by law.
Section XI.
Paragraph I. NUMBER; TERM OF OFFICE; VACANCIES. There shall be a solicitor general for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents

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shall be elected by the electors of the whole state, qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
Paragraph II. DUTIES. It shall be the duty of the Solicitor General to represent the state in all cases in the Superior Courts of his circuit and in all cases taken up from the Superior Courts of his circuit to the Supreme Court, and Court of Appeals and to perform such other services as shall be required of him by law.
The following paragraph was read:
Section XII.
Paragraph I. SALARIES OF JUSTICES AND JUDGES. The Justices of the Supreme Court each shall have out of the treasury of the state salaries of $10,000 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the state salaries of $10,000 per annum; the Judges of the Superior Courts each shall have out of the treasury of the state salaries of $6,000 per annum, with the right of the General Assembly to authorize any county to supplement the salary of a Judge of the Superior Court of the Judicial Circuit in which such county lies, out of county funds, provided, however, where such salary is, at the time of the adoption of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly.
The following amendment was read to Paragraph I and adopted:
The committee moves to amend HR 11-19C by striking Paragraph I of Section XII of Article VI and inserting in lieu thereof the following:
Paragraph I. SALARIES OF JUSTICES AND JUDGES. The Justices of the Supreme Court each shall have out of the treasury of the state salaries of $9,000 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the state salaries of $9,000 per annum; the Judges of the Superior Courts each shall have out of the treasury of the state salaries of $6,000 per annum, with the right of the General Assembly to authorize any county to supplement the salary of a Judge of the Superior Court of the Judicial Circuit in which such county lies, out of county funds, provided, however, where such salary is, at the time of the adoption of this Constitution, being supplemented out of county funds under existing laws, such laW'S shall remain in force until altered by the General Assembly.
Paragraph I of Section XII of Article VI was adopted as amended.

The following paragraph was read:
Paragraph II. POWERS TO ABOLISH FEES OF SOLICITOR GENERAL. The General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees at present accruing to the office of solicitor general in any particular judicial circuit, and in lieu thereof to prescribe a salary for such

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office, in addition to the salaries prescribed in Paragraph I of this Section, and without regard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of solicitor general in any such judicial circuit where the fees are abolished.

The following amendments to Paragraph II were read and adopted:
The committee moves to amend HR li-19C by striking from the 6th and 7th lines of Paragraph II of Section XII of Article VI, on page 49, relating to fees or salary of the solicitor general, the words "in addition to the salaries prescribed in Paragraph I of this section,"

The committee amends Paragraph II of Section VII of Article VI of HR ll-19C as follows:
By striking said paragraph and substituting therefor the following paragraph to be known as Paragraph II, Section VII of Article VI to wit:
"Justices of the peace shall have jurisdiction in all civil cases arising ex-contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulation as may be prescribed by law."
Committee amends Paragraph II of Section XII of Article VI, page 49, by striking the period after the last word of said paragraph and substituting therefor a semicolon and adding the words "and likewise shall have the further power, if it so desires, to abolish such salary and reestablish such fees; hut in either event, when so changed, the change shall not become effective until the end of the term to which the solicitor general was elected," so that said paragraph so amended shall read as follows:

"Paragraph II. POWERS TO ABOLISH OR REINSTATE FEES OF SOLICITOR GENERAL. The General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees at present accruing to the office of solicitor general in any particular judicial circuit, and in lieu thereof to prescribe a salary for such office without regard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of solicitor general in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it so desires, to abolish such salary and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the solicitor general was elected."
Paragraph II of Section XII of Article VI was adopted as amended.
The following was read and adopted:

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Section XIII.
Paragraph I. AGE; CITIZENSHIP; PRACTICE OF LAW. No person shall be justice of the supreme court, court of appeals, judge of superior courts, or attorney general, unless, at the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the state three years, and have practiced law for seven years; and no person shall be hereafter elected solicitor general, unless at the time of his election he shall have attained twenty-five years of age, shall have been a citizen of the state for three years, and shall have practiced law for three years next preceding his election.

Mr. Durden of Dougherty moved that the House recess until 2:15 o'clock and the motion prevailed.

The speaker pro-tem called the House to order and further consideration of the following paragraph of the revised constitution was resumed.
The following paragraph was read:
Section XIV. Paragraph I. HOW GRANTED. No divorce shall be granted except by the superior court.

The following amendment was read and adopted:

Mr. Durden of Dougherty moves to amend HR 11-19C by striking Section XIV of Article VI in its entirety.

By unanimous consent the clerk was authorized to properly re-number the suc-

ceeding sections.

.

The following was read and adopted:

Section XV.
Paragraph I. DIVORCE CASES. 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.
Paragraph II. LAND TITLES. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the Superior Court of either county shall have jurisdiction.
Paragraph III. EQUITY CASES. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.

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Paragraph IV. SUITS AGAINST JOINT OBLIGORS, CO-PARTNERS, ETC. Suits against joint obligors, joint promissors, co-partners, or joint trespassers, residing in different counties, may be tried in either county.
Paragraph V. SUITS AGAINST MAKER, ENDORSER, ETC. Suits against the maker and endorser or promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides.
Paragraph VI. ALL OTHER CASES. All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the judge is satisfied that an impartial jury cannot be obtained in such county.

Section XVI.
Paragraph I. POWER TO CHANGE VENUE. The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been, or shall be, provided by law.

Section XVII.
Paragraph I. RIGHT OF TRIAL BY JURY. The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in the Superior Court.
Paragraph II. SELECTION OF JURORS. The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and upright men to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors. The General Assembly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe.
Paragraph III. COMPENSATION OF JURORS. It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in counties in this State.

Section XVIII.
Paragraph I. POWER TO CREATE COUNTY COMMISSIONERS. The General Assembly shall have power to provide for the creation of county commissioners in such counties as may require them, and to define their duties.

Section XIX.
Paragraph I. POWER TO ABOLISH COURTS. All courts not specially mentioned by name in the first section of this Article may be abolished in any county at the discretion of the General Assembly.

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ARTICLE VII.
FINANCE, TAXATION AND PUBLIC DEBT.
Section I.
Paragraph I. TAXATION, A SOVEREIGN RIGHT. The right of taxation is a sovereign right-inalienable, indestructible-is the life of the State, and rightfully belongs to the people in all Republican governments, and neither the General Assembly, nor any, nor all other depart~ents of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to affect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly.
The power to tax corporations and corporate property, shall not surrendered or suspended by any contract, or grant, to which the State shall be a party.
Paragraph II. TAXING POWER LIMITED.
1. The General Assembly shall not by vote, resolution or order, grant any donation or gratuity in favor of any person, corporation or association.
2. The General Assembly shall not grant or authorize, extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into.
3. The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed five (5) mills on each dollar of the value of the property taxable in the State.
4. No poll tax shall be levied to exceed one dollar annually upon each poll.
P'aragraph III. UNIFORMITY; CLASSIFICATION OF PROPERTY. All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property, including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods for different classes of such P.roperty.
The following paragraph was read:
Paragraph IV. EXEMPTION FROM TAXATION. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial; all institutions of purely public charity; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated acad-

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emies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used tor the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, education and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have power to exempt from taxation, farm products, including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production.
All personal clothing, household and kitchen furniture, personal property used and included within the home, domestic animals and tools, and implements of trade of manual laborers, but not including motor vehicles, are exempt from all State, County, Municipal and School District ad valorem taxes, in an amount not to exceed $300.00 in actual value.
The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, and County, but not for school purposes, with the exception of taxation to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemptions to not less than $1 ,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly.
All cooperative, non-profit, membership corporations organized under the laws of this State for the purpose of engaging in rural electrification, as defined in subsection 1 of Section 3 of the Act approved March 30, 1937, providing for their incorporation, and all of the real and personal property owned or held by such corporations for such purposes, are hereby exempted from all taxation, state, county,

MONDAY, FEBRUARY 5, 1945

427

municipal, school district and political or territorial subdivisions of the State having the authority to levy taxes. The exemption herein provided for shall expire December 31, 1961.
There shall be exempted from all ad valorem intangible 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 corporation 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.
All laws exempting property from taxation, other than the property herein enumerated, shall be void.
The following amendments to Paragraph IV were read and adopted:
The committee amends by inserting in Article VII, Section I, Paragraph IV, after the words "public charity" in the fourth line of said paragraph and before the words "all buildings" in the fourth line of said paragraph, the following language:
"all intagible personal property owned by, or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of the net profit from the operaion of which can inure to the benefit of any private person;"

The committee amends HR 11-19C by striking in its entirety sub-paragraph on

page 55 of Paragraph 4, Section I of Article VII, and substituting in lieu thereof the

following :



"The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State an.j county purposes, except for school purposes, and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time lower said exemptions to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly."

The committee moved to amend HR ll-19C by adding at the end of the second paragraph on page 55 in Paragraph IV of Section I of Article VII the following language:
"The exemption herein provided for shall not apply to taxes levied by mumcipalites."
Paragraph IV was adopted, as amended.

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The following was read and adopted:
Paragraph V. EXEMPTION OF CERTAIN INDUSTRIES CONTINUED. Existing exemptions under the amendment to the Constitution providing for the exemption of certain industries from taxation appearing in Acts of the General Assembly of 1923, extra session, page 67, ratified November 4, 1924, shall continue in force until the expiration of the term for which granted.

Mr. Durden of Dougherty moved that the House do now adjourn and the motion prevailed.
The speaker pro-tem announced the House adjourned until tomorrow morning at 10:00 o'clock:, and HR 11 was carried over as unfinished business.

TUESDAY, FEBRUARY 6, 1945

429

Representative Hall, Atlanta, Georgia. Tuesday, February 6, 1945.

The House met pursuant to adjournment this day at 10:00 A. M., was called to order by the speaker and opened with scripture reading and prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Miller of Decatur, vice-chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
( 1) Introduction of bills and resolutions. (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) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate 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 391. By Messrs. Maund of Tolbert, Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Phillips of Columbia, Hinson of Ware, Durden of Dougherty, Miller of Decatur, Hicks of Floyd, Williams of Toombs, Moye of Randolph, Hooks of Emanuel, Greer of Lanier, Brooke and Britton of Whitfield, Holley of Richmond, Brunson of Bulloch, Littlejohn of Floyd, Mitchell of Monroe, Etheridge of Fulton, Almand of Walton, McNall and Alexander of Chatham, Arnall of Coweta, Fortson of Wilkes, Brumby and Dorsey of Cobb, Broome, Hubert and McCurdy of DeKalb, Ennis of Baldwin, Cates of Burke, King of Richmond, Key of Jasper, Kenimer of Harris, P'annell of Murray, Swint of Spalding, Dallis of Troup, Culpepper of Fayette, Hefner of Pickens, Bargeron of Burke, Cowart of Lowndes, Wilson of Bibb, Moye of Brooks, Thompson of Meriwether, Looper of Dawson, and Overby of Stewart:
A bill to be entitled an act to direct the wild life rangers of the State to construct traps with mesh large enough to allow passage of small fish but will trap tarepins and turtles; to provide that rangers shall shoot wildcats; and for other purposes.

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JOURNAL OF THE HOUSE,

Referred to the Committee on Drainage.

HB 392. By Mr. Greer of Lanier:
A bill to be entitled an act to provide local school units may maintain classes or schools for speech corrections and teaching the deaf; and for other purposes.
Referred to the Committee on Education No. 1.

HB 393. By Mr. Greer of Lanier:
A bill to be entitled an act to repeal paragraph 5 of section 40-208 and substituting a new section providing the Secretary of State shall keep a book of commissions issued to all officers, civil and military; and for other purposes.

Referred to the Committee on Privileges and Elections.

HB 394. By Messrs. Wilson of Bibb, Wells of Ben Hill, Witherington of Wilcox, Hubert of DeKalb, Jennings of Terrell, Dupree of Pulaski and Lovett of Laurens:
A bill to be entitled an act to be called "Uniform Automobile Liability Security act"; to provide for suspension of drivers licenses; and for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 395. By l\Ir. Arnold of Spalding:
A bill to be entitled an act to provide for the filling of vacancies on the board of directors of banks occurring between regular stockholders meetings ; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 396. By Mr. Sparks of Towns.
A bill to be entitled an act to repeal an act approved March 2, 1933 (acts 1933, p. 236) which authorize county boards of registrars and the ordinary to assist the tax collector in registering voters; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 397. By Mr. Ray of Warren:
A bill to be entitled an act to provide for compensation for a deputy clerk of the Superior Court of Warren county; and for other purposes. Referred to the Committee on Counties and County Matters.

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431

HB 398. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend code section 53-201 by adding a section to be known as section 53-201a, making it a misdemeanor for marrying officials to fail or refuse to comply with section 53-201 ; and for other purposes.
Referred to the Committee on General Judiciary.

HB 399. By Messrs. Lam, Trotter and Dallis of Troup:
A bill to be entitled an act to amend the charter of the City of Hogansville to provide a commission form of government with a city manager; and for other purposes.
Referred to the Committee on Municipal Government.

HB 400. By Mr. Ansley of Lee:
A_ bill to be entitled an act to provide for five members of the board of commissioners or roads and revenues for Lee county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 401. By Messrs. Arnall and Hurst of Coweta:
A bill to be entitled an act to create a livestock health board with authority and responsibility to admisister laws exercised by the commissioner of agriculture relative to State vetenarian; and for other purposes.
Referred to the Committee on General Agriculture No. 1.

HB 402. By Messrs. Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend section 35 of the Corporation act approved January 28, 1938 to make it apply to any corporation incorporated under an act of the General Assembly authorizing Superior Courts to grant charters; and for other purposes.
Referred to the Committee on Corporations.

HB 403. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act to provide members of the board of commissioners of Polk county shall be elected from their respective road districts, and not from the county as a whole; and for other purposes.
Referred to the Committee on Counties and County Matters

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HB 404. By Mr. Sheffield of Miller:
A bill to be entitled an act to abolish the city court of Miller County; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 405. By Mr. Sheffield of Miller:
A bill to be entitled an act to consolidate the offices of tax receiver and tax collector of Miller county and create the office of tax commissoiner; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 406. By Mr. Sheffield of Miller:
A bill to be entitled an act to abolish the present board of commissioners of roads and revenues for the County of Miller and to create a new board; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 407. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to increase fees of the coroner jurors of Muscogee county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 408. By Messrs. Holleman, Shields, and Young of Muscogee:
A bill to be entitled an act to increase fees of the coroner of Muscogee county; and for other purposes.
Referred to the Committee on Special judiciary.

HB 409. By Mr. Manous of Cherokee:
A bill to be entitled an act to provide that the fiscal authority of Cherokee county shall pay the cost in misdemeanor cases to county officers; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 410. By Mr. Manous of Cherokee.
A bill to be entitled an act to provide a deposit of $10.00 as costs m all divorce suits filed in Cherokee county; and for other purposes.
Referred to the Committee on Special Judiciary.

TUESDAY, FEBRUARY 6, 1945

433

HB 411. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act to provide for a clerk of the board of commissioners of roads and revenues of Polk county and fix the salary; and for other purposes.

HB 412. By Mr. Fowler of Douglas:
A bill to be entitled an act to provide that jury commissiOners and their clerk may be paid $5.00 per day; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 413. By Mr. Fowler of Douglas:
A bill to be entitled an act to creat the Georgia Aeronautics Commission; to prescribe their powers and duties, to provide for hearings and investigations; and for other purposes.
Referred to the Committee on Aviation.

HB 414. By Mr. Burch of Dodge:
A bill to be entitled an act to increase the salary of the judge of the city court of Eastman; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 415. By Mr. Burch of Dodge:
A bill to be entitled an act to provide for the appointment of a probation officer for Dodge county; to fix his compensation and the method of paying same; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 56-401A. By Mr. Massey of Dade:
A resolution authorizing the Governor to trade certain land owned by the State for 100 acres adjoining the state park in Dade county; and for other purposes.
Referred to the Committee on Public Property.

HR 57-401B. By Messrs. Bargeron and Cates of Burke:
A resolution to relieve Quinton Rogers as surety on the bond of Tom Smith, who was apprehended; and for other purposes.
Referred to the Committee on Special Judiciary.

.J.34

JOURNAL OF THE HOUSE,

HR 58-402A. By Messrs. Phillips of Columbia, Harrison of Jenkins, Gowen of Glynn and McCracken of Jefferson:
A resolution creating the Alton Cogdell Memorial association commission; and for other purposes.
Referred to the Committee on Historical Research.

HR 59-407-A. By Messrs. Durden of Dougherty, Hand of Mitchell and Gowen of Glynn:
A resolution authorizing the State administration to cooperate fully with the council of state governments and authorize an appropriation to the council of state governments; and for other purposes.
Referred to the Committee on Interstate Cooperation.

HB 416. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an act to authorize municipal corporations maintaining independent school systems to add junior colleges thereto and support the same by taxation; and for other purposes. Referred to the Committee on Education No. 1.
Mr. Bloodworth of Bibb 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 358. Do Pass. HB 323. Do Pass. HB 329. Do Pass. HB 349. Do Pass. HB 345. Do Pass. HB 338. Do Pass. HB 384. Do Pass. HB 324. Do Pass. HB 317. Do Pass. HB 304. Do Pass.

TUESDAY, FEBRUARY 6, 1945

435

HB 309. Do Pass. HB 296. Do Pass.
HB 289. Do Pass. HB 287. Do Pass. HB 261. Do Pass. HB 326. Do Pass.

Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Swint of Spalding 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 !83. Do Pass by Substitute. Respectfully submitted,

Swint of Spalding, 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 Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 366. Do Pass. SB 80. Do Not Pass. HB 360. Do Pass. HB 325. Do Pass. HB 348. Do Not Pass.
Respectfully submitted, McNall of Chatham, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Wells of Ben Hill County, Chairman of the Committee on Engrossing submitted the following report:

Mr. Speaker:

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

HB 218. HB 285. HB 292. HB 293. HB 294. HB 302.
HB 310.
HB 31.1. HB 318.

Respectfully submitted, Virgil G. Wells of Ben Hill, Chairman.

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

HB 183. By Messrs. Arnold and Swint of Spalding and Holbrook of Forsyth:
A bill to be entitled an act to provide that the commissioner of agriculture may assess and collect penalties from the manuafacturer or mixer of feed-stuffs where it is found deficient; and for other purposes.

HB 261. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to provide for a pension fund for permanent employees of the city; and for other purposes.

HB 287. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to amend the charter of the City of Gainesville so as to fix the compensation for members of the city commission; and for other purposes.

HB 289. By Messrs. Durden and Sapp of Dougherty: A bill to be entitled an act to authorize municipalities to establish and

TUESDAY, FEBRUARY 6, 1945

437

maintain post-war public works reserve funds, to provide funds for such reserves; and for other purposes.

HB 296. By Messrs. Bargeron and Cates of Burke:
A bill to be entitled an act to amend the charter of the City of Waynesboro to authorize mayor and council to sell property belonging to said municipality; and for other purposes.

HB 304. By Mr. Bloodworth of Houston:
A bill to be entitled an act to amend the charter of the City of Perry by extending the city limits; and for other purposes.

HB 309. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta so as to increase the contribution of firemen and policemen to the pension fund; and for other purposes.

HB 317. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend the charter of the City of Homerville to provide for the term of the mayor and aldermen and the method of electing them; and for other purposes.

HB 323. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to extend the city limits of the City of Pelham; and for other purposes.

HB 324. By Messrs. Alexander and Brock of Carroll:
A bill to be entitled an act to raise the amount of taxes levied m the City of Carrollton for school purposes; and for other purposes.

HB 325. By Mr. Wells of Lincoln:
A bill to be entitled an act to make it legal to seine in the Savannah River bordering Lincoln county with seines of a certain size; and for other purposes.

HB 326. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to amend the charter of the City of Gainesville so as to provide for zoning and planning laws; and for other purposes.

HB 329. By Mr. Hefner of Pickens: A bill to be entitled an act to amend the charter of the City of Jasper to give

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JOURNAL OF THE HOUSE,

the authorites the right to open, close, increase or reduce widths of streets; and for other purposes.

HB 338. 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 to provide the method of electing and term of office of the building inspector; and for other purposes.

HB 345. By Mr. Matthew of Peach:
A bill to be entitled an act to amend the charter of the City of Fort Valley, defining the duties of the water and light commission and how utilities owned by the city may be extended or enlarged; and for other purposes.

HB 349. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta, to provide that members of the police and fire department may be granted leaves of absence to accept other positions; and for other purposes.

HB 358. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta to provide a retirement system for city employees; and for other purposes.

HB 360. By Mr. McNall of Chatham:
A bill to be entitled an act to repeal Code Section 45-503 and substitute a new section providing that each peddler of fresh water fish shall obtain a license in each county where he sells fish; and for other purposes.

HB 366. By Mr. McNall of Chatham:
A bill to be entitled an act to amend the game and fish laws by providing that the state game and fish commission shall employ and have control over all employees of the department, and fixing the salary of the director; and for other purposes.

HB 384. 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 adding a new paragraph dealing with revenues of the school department; and for other purposes.

By unanimous consent, the following bill of the Senate was taken up for consideration, read the third time and placed upon its passage:

TUESDAY, FEBRUARY 6, 1945

439

SB 67. By Senator Millican .of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta by extending the city limits to include parts of land lots (3), fifty (SO), (51), (56) and (57) ; and for other purposes.
The report 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 House recognized Mr. DeFoor of Mflntosh on a point of personal privilege.
Mr. Brock of Carroll asked unanimous consent that HB 324, a local bill, be recommitted to the Comittee on Municipal Government and the consent was granted.
Mr. Brooke and Britton of Whitfield moved that the House agree to the Senate amendment to the following bill of the House to wit:

HB 157. By Mr. Brooke of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton to provide for a civil service commission for city employees and for a retirement fund; and for other purposes.
The Senate amendment is as follows:
Mr. McGinty of the 43rd, moves to amend HB 157 by inserting a comma at the end of section 8 and adding thereto the words "insubordination or violation of any of the rules of the commission."
Further moves to amend Section 18 of HB 157 by striking therefrom the figure 65 and inserting in lieu thereof the figure 60.
Further moves to amend said bill by striking from section 20 the figure 3% and inserting in lieu thereof the figure 5%.
On the motion to agree to the Senate amendment the ayes were 120, the nays 0, and the amendment was agreed to.

By unanimous consent, the following resolution of the House was read and adopted:

HR 60. By Mr. Harris of Richmond: A RESOLUTION
BE IT RESOLVED by the House that the Speaker of the House be and he

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JOURNAL OF THE HOUSE,

is hereby authorized to appoint two additional members to the committee to visit and inspect the State owned port at Mobile, Alabama, and that they be authorized to make the trip.
The House recognized the presence in the gallery of the Freshman Civic class of the Decatur Girls High School, DeKalb county.

The following messages were received from the Senate through l\1rs. Nevin, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following

bills of the Senate to wit:



SB 105. By Senator Edenfield of the 2nd:
A bill to be entitled an act to provide for the holding of four terms each year of Mcintosh Superior Court, to prescribe and fix the time for holding the same; and for other purposes.

SB 103. By Senator Claud of the 19th:
A bill to be entitled an act to amend the act to revise and consolidate the acts of the General Assembly as to granting corporate authority to the town of Crawfordville; and for other purposes.

SB 104. By Senator Edenfield of the 2nd:
A bill to be entitled an act creating supplementary salaries for the Judge and Solicitor General of Mcintosh County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:

HB 16. By Messrs. Kennon of Cook, Willoughby of Clinch, and others:
A bill to be entitled an act amending Section 24-3104 of the Code of Georgia relating to the compensation of court reporters in reporting criminal cases; and for other purposes.

HB 58. By Mr. Seagraves of Madison:
A bill to be entitled an act amending the charter of the City of Comer, providing that the mayor and council shall have authority to regulate the streets for business purposes; and for other purposes.

HB 152. By Mr. Kent of Glascock: A bill to be entitled an act amending an act consolidating and superceding

TUESDAY, FEBRUARY 6, 1945

441

an act incorporating the Town of Gibson so as to provide for the election of mayor and councilmen; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following bill of the House, to wit:

HB 188. By Messrs. Harrison of Wayne, Hinson of Jeff Davis; and others:
A bill to be entitled an act amending an act providing for the salary of the Solicitor General of the Brunswick Judicial Circuit so as to provide the proportion of the salary to be paid by each of the several counties; and for other purposes.

Under unfinished business, the House again took up for further consideration HR 11, and the following paragraphs were read and adopted:
Section II.
PURPOSES AND METHOD OF TAXATION.
Paragraph I. TAXATION, HOW AND FOR WHAT PURPOSES EXERCISED. The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only:
1. For the support of the State Government and the public institution.
2. For educational purposes.
3. To pay the principal and the interest on the public debt, and to provide a sinking fund therefor.
4. To suppress insurrection, to repel invasion, and defend the State in time of war.
5. To make proviSion for the payment of pensions to ex-Confederate soldiers
and to widows of Confederate soldiers who were married to such soldiers prior to January 1, 1920, and who are unmarried.
6. To construct and maintain State buildings and a system of State highways, airports, and docks.
7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance 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 for such purposes.
8. To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia.

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Q. For public health purposes.
Paragraph II. TEACHER RETIREMENT SYSTEM-TAXATION FOR. 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 for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized hereunder.
Paragraph III. REVEJ'\UE TO BE PAID INTO GENERAL FUND. All money collected from taxes, fees and assessments for State purposes, as authorized by revenue measures enacted by the General Assembly, shall be paid into the General Fund of the State Treasury and shall be appropriated therefrom, as required by this Constitution, for the purposes set out in this Section and for these purposes only.

The following was read:
Paragraph IV. TAX RETURNS OF PUBLIC UTILITIES. The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes, of public utilities.
The following amendment to Paragraph IV was read and adopted:
The committee moves to amend Paragraph IV of Section II of Article VII as contained in House Resolution ll-19C by striking said paragraph in its entriety
and supplementing a new paragraph to read as follows:
Paragraph IV. TAX RETURNS OF PUBLIC UTILITIES. The General Assembly may provide for a different method and time of returns, assessment, payment and collection of ad valorem taxes, of public utilities, but not at a greater basis of value or at a higher rate of taxation than other properties.
Paragraph IV of Section II of Article VII was adopted as amended.

Mr. Durden of Dougherty moved that the House recess until 2:20 o'clock, and the motion prevailed.

2:20 P. M., the Speaker called the House to order.

The following paragraphs were read and adopted:
Section IlL
STATE DEBT.
Paragraph L PURPOSE FOR WHICH CONTRACTED. No debt shall be contracted by, or on behalf of the State, except to supply such temporary deficit as may exist in the treasury in any year for necessary delay in collecting the taxes of 'that year, to repel invasion, suppress insurrection, and defend the State in time of

TUESDAY, FEBRUARY 6, 1945

443

war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. However, said debt may be increased in the sum of three million, five hundred thousand dollars for the payment of the public school teachers of the State only. The pricipal amount borrowed for payment of teachers shall be repaid each year out of the common school appropriation, and the interest paid thereon shall be paid each year out of the general funds of the State.

Paragraph II. BONDED DEBT INCREASED, WHEN. The bonded debt of the State shall never be increased, except to repel invasion, suppress insurrection, or defend the State in time 'of war.

Paragraph III. FORM OF LAWS TO BORROW .\lONEY. All laws authorizing the borrowing of money by or on behalf of the State shall specify the purpose for which the money is to be used and the money so obtained shall be used for the purpose specified and for no other.

Paragraph IV. STATE AID FORBIDDEN. The credit of the State shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with, any individual, company, association or corporation.

Paragraph V. ASSUMPTION OF DEBTS FORBIDDEN. The State shall

not assume the debt, nor any part thereof, of any county, municipal corporation or

political subdivision of the State, unless such debt be contracted to enable the State

to repel invasion, suppress insurrection or defend itself in time of war. Provided,

however, that the amendment to the Constitution proposed by the General Assembly

and set forth in the published acts of the General Assembly of the year 1931, at

page 97, which amendment was ratified on November 8, 1932, and which amend-

ment provided for the assumption by the State, of indebtedness of the several

counties of the State, as well as that of the Coastal Highway District, and the

assessments made against the counties of said district for the construction and paving

of the public roads or highways (including bridges) of the State, under certain

ocnditions and for the issuance of certificates of indebtedness for such indebtedness

so assumed, is continued of full force and effect until such indebtedness assumed

by the State is paid and such certificates of indebtedness retired.

'

Paragraph VI. PROFIT ON PUBLIC MONEY. The receiving directly or ,ndirectly, by any officer of State or county, or member or officer of the General Assembly if any interest, profits or perquisites, arising from the use or loan of public funds in his hands or moneys to he raised through his agency for State or County purposes, shall be deemed a felony, and punishable as may be prescribed by law, a part of which punishment shall be disqualification from holding office.

Paragraph VII. CERTAIX BONDS NOT TO BE PAID. The General Assembly shall have no authority to appropriate money either directly or indirectly, to pay the whole, or any part of the principal or interest of the bonds, or other obligations which have been pronounced illegal, null and void by the General

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Assembly and the Constitutional amendments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have authority to pay any of the obligations created by the State under laws passed during the late war between the States, nor any of the bonds, notes or obligations made and entered into during the existence of said war, the time for payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assembly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a party to any suit in any court of this State, or of the United States instituted to test the validity of any such bonds, or obligations.
Paragrapli VIII. SALE OF STATE'S PROPERTY TO PAY BONDED DEBT. The proceeds of the sale of the Western and Atlantic railroad, and any other property owned by the State, whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever, so long as the State has any existing bonded debt; provided that the proceeds of the sale of the Western and Atlantic railroad shall be applied to the payment of the bonds for which said railroad had been mortgaged, in preference to all other bonds.
Paragraph IX. STATE SINKING FUND. The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses, such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not then matured. The amount of such annual levy shall be determined after consideration of the amount then held in the sinking fund. The taxes levied shall be applied to no other purpose whatever. The funds in the said sinking fund may be invested in the bonds of the State, and also in bonds and securities issued by the Federal Government and subsidiary of the Federal Government, fully guaranteed by that government. If the said bonds are not available for purchase, the funds in the sinking fund may be loaned by the Treasurer of the State, with the approval of the Governor, upon terms to be fixed by such officials and when amply secured by bonds of the State or Federal Government.

The following paragraph was read:
Section IV.
TAXATION BY COUNTIES
Paragraph I. TAXING POWER OF COUNTIES. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except:
1. To pay the expenses of administration of the county government. 2. To pay the principal and interest of any debt of the county and to provide a sinking fund therefor.

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445

3. For educational purposes upon property located outside of independent school system, as provided in Article 8 of this Constitution.
4. To build and repair public buildings and bridges.
5. To pay the expenses of courts, the maintenance and support of prisoners and
to pay sheriffs and coroners and for litigation.
6. To build and maintain a system of county roads.
7. For public health purposes in said county, and for the collection and preservation of records of vital statistics.
8. To pay county police.
9. To support paupers.
10. To pay county agricultural and home demonstration agents.
11. To provide for payment of old age assistance to aged persons in need, and for the payment of assistance to needy blind, and to dependent chlidren and other welfare benefits, provided that no person shall be entitled to the assistance herein authorized who does not qualify for such assistance 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 or liability against the county 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 for such purposes.
12. To provide for fire protection of forest lands and for the further conservation of natural resources.
13. To provide medical or other care, and hospitalization, for the indigent sick people of the county.
The following amendment to Paragraph I was read and adopted:
Committee moves to amend HR 11-19C by adding at the end of Article VII, Section IV, Paragraph I, the following:
"14. To acquire, improve and maintain airports, public parks and public libraries.
"15. To provide for workmen's compensation and retirement or pension funds for officers and employees.
"16. To provide reasonable reserves for public improvements as may be fixed by law.
"P'aragraph II. DISTRICTING OF COUNTIES. The General Assembly may district the territory of any county, outside the limits of incorporated municipalities, for the purpose of providing systems of waterworks, sewerage, sanitation, and fire protection; and authorize such counties to levy a tax only upon the taxable property in such district for the purpose of constructing and maintaining such improvements."
Paragraph I of Section IV of Article VII, was adopted, as amended.

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The following paragraph was read and adopted:
Section V.
Paragraph I. TAXING POWER AND CONTRIBUTIONS OF COUNTIES, CITIES AND POLITICAL DIVISION RESTRICTED. The General Assembly shall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or association, or to appropriate money for, or loan its ..:redit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits. If any municipal corporation shall offer to the State any property for locating or building a capitol, and the State accepts such offer, the corporation may comply with such offer.
The following paragraph was read:
Section VI.
Paragraph I. CONTRACTS FOR USE OF PUBLIC FACILITIES. (a) Any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of any such city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake.
(b) Any city, town, municipality or county of this State is empowered, in connection with any contracts authorized, by the preceding paragraph, to convey to any public agency, public corporation or authority now or hereafter created existing facilities operated by such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are to be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority.
(c) Any city, town, municipality or county of this State, or any combination of the sarrie, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or authority, and provide for the payment of such services and the cost to such public agency, public corporation or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources.

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447

The following amendment to Paragraph I was read and adopted:
Mr. Ennis of Baldwin moves to amend Article VII, Section VI, Paragraph l, sub-paragraph (a), by striking same in its entirety and inserting in lieu thereof the following:
"Paragraph I. CONTRACTS FOR USE OF PUBLIC FACILITIES. (a) The State, state institutions, any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilitis or services of the State, state institutions, any city, town, municipality, county, public agency, public corporation, or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake."
Paragraph I of Section VI of Article VII was adopted as amended.

The following paragraph was read:
Section VII.
LIMITATION ON COUNTY AND MUNICIPAL DEBTS.
Paragraph I. DEBTS OF COUNTIES AND CITIES. The debt hereafter incurred by any county, municipal corporation or political division of this State except as in this Constitution provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of twothirds of those voting at an election for that purpose to be held as prescribed by law: Provided, that those voting at said election shall be a majority of the registered voters, and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political divisions made prior to January 1, 1918, shall not be affected hereby; provided, that any county or municipality of this state may accept and use funds granted by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years.
The following amendment to Paragraph I was read and adopted:
The committee moves to amend HR 11-19C by striking in Article VII, Section

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VII, Paragraph I, the date "January 1, 1918" where the same appears in the 25th line of said paragraph, and substituting in lieu thereof the date "January 1, 1945."
Paragraph I of Section VII of Article VII was adopted as amended.

The following paragraphs were read and adopted:
P'aragraph II. LEVY OF TAXES TO PAY BONDS. Any county, municipal corporation or political division of this state which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt, within thirty years from the date of the incurring of said indebtedness.
Paragraph III. ADDITIONAL DEBT AUTHORIZED WHEN. In addition to the debt authorized in Paragraph I of this section, to be created by any county, municipal corporation or political subdivision of this state, a debt may be incurred by any county, municipal corporation or political subdivision of this state, in excess of seven per centum of the assessed value of all the taxable property therein, upon the following conditions: Such additional debt, whether incurred at one or more times, shall not exceed in the aggregate ,three per centum of the assessed value of all the taxable property in such county, municipality or political subdivision; such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidences of such debt; there shall be levied by the government authorities of such county, municipality or political subdivision prior to the issuance of such additional debt, a tax upon all of the taxable property within such county, municipality or political subdivision collectable annually, sufficient to pay in full the principal and interest of such additional debt when and as due; such tax shall oe in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized by the General Assembly; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision at an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corporations and political subdivisions of this state, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness.
Paragraph IV. TEMPORARY LOANS AUTHORIZED; CONDITIONS. In addition to the obligations hereinbefore allowed, each county, municipality and political subdivision of the state authorized to levy taxes, is given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of such county, municipality or political subdivision outstanding at any one time, shall not exceed seventy-five per centum of the total gross income of sucll

TUESDAY, FEBRUARY 6, 1945

449

county, municipality or political subdivision, from taxes collected by such county, municipality or political subdivision in the last preceding year. Each such loan shall be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this paragraph when there is a loan then unpaid which was made in a prior year under the provisions of this paragraph. Each such loan shall be first authorized by resolution fixing the terms of such loan, adopted by a majority vote of the governing body of such county, city or political subdivision, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipality or subdivision shall incur in any one calendar year, an aggregate of such temporary loans and other contracts or obligations for current expenses, in excess of the total anticipated revenue of such county, municipality or subdivision for such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year.

The following paragraph was read :
Paragraph V. REVENUE ANTICIPATION OBLIGATIONS. Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this state, to provide funds for the purcbase or construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31st, 1937, known as the "The Revenue Certificate Laws of 1937," as amended by the Act approved l\1arch 14, 1939, to construct and operate, or to provide funds to extend, repair or improve any such existing facility. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivision, and shall not be deemed debts of, or to create debts against, the issuing political subdivision within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, 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 or interest of any such revenue anticipation obligations or any part thereof.
The following amendment to Paragraph V was read and adopted:
Messrs. Harrison of Jenkins and Pittman of Bartow move to amend Paragraph V, Section VII, Article VII, of HR 11-19C by adding, just after the word "facility" in line 12 of said paragraph, the words: "and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereto," and by adding after the word and figures "1939" in line 23 of said paragraph, the words, "and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereto; provided further, any Revenue Certificates issued to buy, construct, extend,operate and maintain gas or electric generating and distribution systems shall, before being undertaken, have a favorable majority vote

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of the county, municipal corporation or political subdivision affected, the election for such to be held by the same method as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by the mayor and council, or officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected."
Paragraph V of Section VII of Article VII was adopted as amended.

The following paragraphs were read and adopted:
Paragraph VI. REFUNDING BONDS. The General Assembly ts hereby authorized to create a commission and to vest such commission with the power to secure all necessary information and to approve or disapprove the issuance of bonds for the purpose of refunding any bonded indebtedness of any county, municipality or political subdivision of this state issued prior to the adoption of this Constitution, including the authority to approve or disapprove the amount and terms of such refunding bonds, together with such other powers as to the General Assembly may seem proper, but not in conflict with the provisions of this Constitution. Such refunding bonds shall be authorized only where such county, municipality or political subdivision has not the funds available to meet the payment of outstanding bonded indebtedness through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds. The Genera! Assembly may approve the issuance of the said refunding bonds under the conditions stated. Such refunding bonds shall not, together with all other outstanding bonded indebtedness, exceed the limits fixed by this Constitution for the maximum amount of bonded indebtedness which may be issued by such county, municipality or political subdivision and shall be otherwise governed by all of the terms and provisions of this Constitution. No bonds shall be issued under this paragraph to refund any bonds issued after the adoption of this Constitution.
Paragraph VII. REFUNDING BONDS TO REDUCE BONDED INDEBTEDNESS. The General Assembly is further authorized to give to the said Commission the power and authority to approve or disapprove the issuance of bonds to refund any outstanding bonded indebtedness of any county, municipality or political subdivision now or hereafter issued, for the purpose of reducing the amount payable, principal or interest, on such bonded indebtedness, and upon the condition that, the issuance of such refunding bonds will reduce the amounts payable upon such outstanding bonds, principal or interest. Such refunding bonds shall replace such outstanding bonded indebtedness. The said Commission shall have the authority to approve or disapprove the terms of any such proposed refunding bonds. The General Assembly may authorize the issuance of such refunding bonds issued for the said purpose, when approved by the said Commission and authorized by the governing authority of such county, municipality or subdivision, without an election by the qualified voters as otherwise required, but in all other respects such refunding bonds shall comply with the provisions of this Constitution.
Section VIII.
Paragraph I. SINKING FUNDS FOR BONDS. All amounts collected from

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451

any source for the purpose of paying the principal and interest of any bonded indebtedness of any county, municipality or subdivision and to provide for the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking fund to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing.
The funds in such sinking fund shall be kept separate and apart from all other moneys of such county, municipality or subdivision, and shall be used for no purpose other than that above stated. The moneys in such sinking fund may be invested and reinvested by the governing authorities of such county, municipality or subdivision, or by such other authority as has been created to hold and manage such sinking fund, in the bonds of such county, municipality or subdivision, and in bonds or obligations of the State of Georgia, of the counties and cities thereof and of the government of the United States, of subsidiary corporations of the Federal Government fully guaranteed by such government, and no other. Any person or persons violating the above provisions shall be guilty of malpractice in office and shall also be guilty of misdemeanor, and shall be punished, when convicted, as prescribed by law for the punishment of misdemeanors, until the General Assembly shall make other provisions for the violation of the terms of this paragraph.

The following paragraph was read:
Section IX.
Appropriation Control.
Paragraph I. PREPARATION AND SUBMISSION OF GENERAL APPROPRIATION BILL. The Governor shall, after obtaining such information as he deems necessary as to the needs of the various state departments and agencies, submit to the General Assembly within fifteen days of its organization, a budget message accompanied by a draft of a General Appropriation Bill, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of the state for the ensuing fiscal year.
The following amendment to Paragraph I was read and adopted:
The committee amends Article VII, Section IX, Paragraph I by striking therefrom the words and phrases "after obtaining such information as he deems necessary as to the needs of the various state departments and agencies," and striking the word "of" in the fourth line of said paragraph and substituting in lieu thereof the word "after" so that said paragraph when amended reads as follows:
Paragraph I. PREPARATION AND SUBMISSION OF GENERAL APPROPRIATION BILL. The Governor shall submit to the General Assembly within fifteen days after its organization, a budget message accompanied by a draft of a General Appropriation Bill, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of the state for the ensuing fiscal year.

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Paragraph I of Section IX of Article VII was adopted as amended.

The following paragraphs were read and adopted:
P'aragraph II. CONTINUATION OF GENERAL APPROPRIATION ACT. Each General Appropriation Act, with such amendments as are adopted from time to time, shall continue in force and effect for each fiscal year thereafter until repealed or another General Appropriation Act is adopted; provided, however, that each section of the General Appropriation Act in force and effect on the date of the adoption of this Constitution, of general application and pertaining to the administration, limitation and restriction on the payment of appropriations and each section providing for appropriation of Federal grants and other continuing appropriations and adjustments on appropriations shall remain in force and effect until specifically and separately repealed by the General Assembly.
Paragraph III. OTHER OR SUPPLEMENTARY APPROPRIATIONS. In addition to the appropriations made by the General Appropriation Act and amendments thereto, the General Assembly may make additional appropriations by acts, which shall be known as supplementary appropriation acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the state treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the state treasury. Neither House shall pass a supplementary appropriation bill until the General Appropriation Act shall have been finally adopted by both Houses and approved by the Governor.
Paragraph IV. APP'ROPRIATIONS TO BE FOR SPECIFIC SUMS. The appropriation for each department, officer, bureau, board, commission, agency or institution for which an appropriation is made, shall be for a specific sum of money, and no appropriation shall allocate to any object, the proceeds of any particular tax or fund or a part of percentage thereof.
Paragraph V. APPROPRIATIONS VOID, WHEN. Any appropriation made
in conflict with either of the foregoing provisions shall be void.

The following paragraph was read:
Section X.
Paragraph I. EXISTING AMENDMENTS CONTINUED OF FORCE. Amendments to the Constitution of the State of Georgia of 1877 in effect at the date of the ratification by the voters of the state, of this proposed Constitution, shall continue of full force and effect after the ratification of this proposed Constitution, where such amendments are of merely local, and not, general application, including the amendments pertaining to the Coastal Highway District of this state. There is also continued under this provision in force and effect, amendments to the Constitution of 1877 applicable to counties and cities having a population in excess of a number stated in such amendments, and amendments applicable to counties having a city therein with a population in excess of a number stated in such amendment, where

TUESDAY, FEBRUARY 6, 1945

453

such amendments are in force and effect at the time of the ratification of this proposed Constitution.
The following amendment to Paragraph I was read and adopted:
The committee moves to amend Paragraph I of Section X of Article VII of HR 11 c 19C as found on page 72 thereof as follows: By striking said section in its entirety and insert in lieu thereof a new section to read as follows:
Section X.
"Paragraph I. EXISTING AMENDMENTS CONTINUED OF FORCE. Amendments to the Constitution of the State of Georgia of 1877 in effect at the date of the ratification by the voters of the state, of this Constitution, shall continue of full force and effect after the ratification of this Constituion, where such amendments are of merely local, and not, general application, including the amendments pertaining to the Coastal Highway District of this state. There is also continued under this provision in force and effect, amendments to the Constitution of 1877 applicable to counties and cities having a population in excess of a number stated in such amendments, amendments applicable to counties having a city wholly or partly therein with a population in excess of, or not less than a number stated in such amendment, and amendments applicable to cities lying in two counties, where such amendments are in force and effect at the time of the ratification of this Constitution."
Paragraph I of Section X of Article VII was adopted as amended.

The speaker presented to the House Hon. Hamilton Holt, treasurer of the Kiwanis International, Macon, who briefly addressed the House and presented Mrs. Hamilton Holt, Mrs. Ben Dean and the Hon. Ben Dean of Grand Rapids, Michigan, president of the Kiwanis International, who addressed the House.

l\fr. Durden of Dougherty moved that the House do now adjourn, and the motion prevailed.

Leaves of absence were granted Messrs. Lancaster of Hall and Hefner of Pickens.

The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, and HR 11 was carried over as unfinished business.

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Representative Hall, Atlanta, Georgia.

Wednesday, February 7, 1945.

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 Scripture reading and prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, 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. Third reading and passage of uncontested local bills. 6. First reading ::Jnd reference of Senate 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 417. By Mr. Nicholson of Oconee:
A bill to be entitled an act to amend Code Section 113-1701 to provide for the sale of perishable property on order of the ordinary in three days or at prevailing market price; and for other purposes.
1: Referre~ to the Committee on General Judiciary No.

HB 418. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the motor vehicle traffic law by providing county governing authorities shall have the right to prescribe speed limits and regulations for the use of county roads; and for other purposes.
Referred to the Committee on Motor Vehicles.



WEDNESDAY, FEBRUARY 7, 1945

455

HB 419. By Messrs. Gowen of Glynn, Bloodworth and Weaver of Bibb, and Mrs. Mankin of Fulton:
A bill to be entitled an act to repeal chapter 84-3 of title 84 of the code (Acts of 1941, pp. 310-312) relating to architects and rewrite said chapter beginning at section 84-301 through 84-321, to establish a state board of examination and registration of architects; and for other purposes.
Referred to the Committee on State of Republic.

HB 420. By Messrs. McCracken of Jefferson and Arnall of Coweta:
A bill to be entitled an act to create the Georgia citizens council to coordinate civilian and post-war programs and promote the development of human resources in the state; and for other purposes.
Referred to the Committee on State of Republic.

HB 421. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to establish trust funds for the construction, repair of public works or facilities to fix the salary for the board of tax appeals; and for other purposes.
Referred to the Committee on Municipal Government.

HB 422. By Mr. Burch of Dodge:
A bill to be entitled an act to establish a five-man hoard of commissioners of roads and revenues for Dodge county; and for other purposes.
Referred to the Committee on Municipal Government.

HB 423. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to authorize Bibb county authorities to levy a license or occupation tax on all businesses outside of incorporated towns in Bibb county; and for other purposes.
Referred to the Committee on Counties and County lHatters.

HB 424. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the Fulton county budget act to provide that the county may contract with and maintain wholly or jointly with some other municipality or county .a hospital authority; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 425. By Messrs. Harrison of Screven and Adamson of Clayton:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to pay five cents per mile to all jurors serving in the superior court; and for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 426. By Messrs. Baker of Floyd and Price of Clarke:
A bill to be entitled an act to authorize the State Department of Corrections to establish and operate a commissary for employees of the state; and for other purposes.
Referred to the Committee on Penitentiary.

HB 427. By Mr. Price of Clarke:
A bill to be entitled an act to provide persons 18 years of age may be commissioned as notaries public; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 428. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the laws relating to the adoption of children by providing investigations; and for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 429. By Messrs. Baker of Floyd and Price of Clarke:
A bill to be entitled an act to provide the county in which a prisoner is convicted shall pay the transportation cost of said prisoner to the Georgia state penitentiary or receiving station; and for other purposes.
Referred to the Committee on Penitentiary.

HB 430. By Messrs. Baker of Floyd and Price of Clarke:
A bill to be entitled an act authorizing the department of corrections to construct stock gaps on roads traversing state property; and for other purposes.
Referred to the Committee on Penitentiary.

HB 431. By Messrs. Whaley of Felfair, Adams of Wheeler, Morrison of Montgomery, Hall of Treutlen, DuPree of Pulaski, Dykes of Bleckley, and Burch of Dodge:
A bill to be entitled an act to fix the -salary for the court reporter of the Oconee Judicial Circuit for reporting and transcribing criminal cases: and for other purposes.
Referred to the Committee on Special Judiciary.

WEDNESDAY, FEBRUARY 7, 1945

457

HB 432. By Mr. Etheridge of Fulton:
A bill to be entitled an act to permit executors, administrators, trustees and guardians to invest funds held by them in life, endowment or annuity contracts issued by legal reserve life insurance companies; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 433. By Messrs. Baker of Floyd and Price of Clarke:
A bill to be entitled an act to provide for a clothing and transportation allowance for discharged prisoners and provide the county where he served shall pay same; and for other purposes.
Referred to the Committee on Penitentiary.

HB 434. By Messrs. McCurdy of DeKalb and Williams of Ware:
A bill to be entitled an act to amend the "Building and Loan Act" to more fully define members and provide voting privilege of such members; to provide loans may be made in a radius of 50 miles from an association's home office; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 435. By Mr. Porter of Gordon:
A bill to be entitled an act to fix the salary of the tax commissioner of Gordon county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 436. By Mr. Hicks of Floyd:
A bill to be entitled an act to repeal Code Section 85-1803 and substitute a new Section 85-1803 relating to assignment of choses in action arising upon contract, accounts recievable or open accounts; providing for the rights of such debtors; and for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 437. By Messrs. Baker of Floyd and Price of Clarke:
A bill to be entitled an act to authorize the Department of Corrections to transfer male or female prisoners 18 years of age and under to the training school for boys or girls; to authorize transfer of tubercular prisoners to the hospital for tuberculars; and for other purposes.
Referred to the Committee on Penitentiary.

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HB 438. By Mr. Dykes of Bleck:ley:
A bill to be entitled an act to authorize the next grand jury to increase the pay of the sheriff of Bleckley county by paying a salary of $100.00 a month; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 439. By Messrs. McCurdy of DeKalb and Littlejohn of Floyd.:
A bill to be entitled an act to repeal section 43-302 and substitute a new Code Section 42-302 to provide the quantity and weight of flour, grits, and corn meal which shall be packed in containers for sale; and for other purposes.
Referred to the Committee on General Agriculture No. 2.

HB 440. By Mr. Nicholson of Oconee:
A bill to be entitled an act to prohibit the use of all metal clamps, tags, hooks, plates or strips on all sacks used for commercial feed; and for other purposes.
Referred to the Committee on General Agriculture No. 2.

HB 441. By Mr. Burch of Dodge:
A bill to be entitled an act to abolish the office of commissioner of roads and revenues for Dodge county; and for other purposes.
Referred to the Committee on Municipal Government.

HB 442. By Mr. Burch of Dodge:
A bill to be entitled an act to provide for the appointment of special deputy sheriff for Dodge county and to fix his compensation; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 443. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to authorize the board of education of Fulton county to call elections on the issuing of school bonds without the necessity of a petition signed by one-fourth of the registered voters; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 444. By Mr. Burch of Dodge: A bill to be entitled an act to appropriate the sum of $1841.07 to a judgment

WEDNESDAY, FEBRUARY 7, 1945

459

in favor of Forehand S. Bass against the State Highway Department, rendered at the :May term, 1944, of Dodge superior court; and for other purposes.
Referred to the Committee on Special Appropriations.

HB 445. By Messrs. Price and Hill of Clark:
A bill to be entitled an act to amend the charter of the City of Athens to create a retirement fund for city employees; and for other purposes.
Referred to the Committee on Municipal Government.

HB 446. By Mr. Ramey of Chattooga:
A bill to be entitled an act to abolish the present board of commissioners of Chattooga county and create a new board; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 447. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the act creating a board of tax assessors for the City of Macon to provide for the assessment or re-assessment of property for taxation; and for other purposes.
Referred to the Committee on Municipal Government.

HB 448. By Messrs. Holleman, Shields, and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to provide the city fire department may enter into agreements and receive compensation for fighting fires within the County of Muscogee outside the city limits of Columbus; and for other purposes.
Referrc;d to the Committee on Municipal Government.

HB 449. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to authorize the board of trustees of the public schools of Columbus to sell any property, real or personal, under their control, and to. invest the proceeds of such sales; and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Fortson of Wilkes 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 thr

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JOURNAL OF THE HOUSE,

following bills of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:
HB 132. Do Pass. HB 177. Do Pass.
HB 70. Do Pass by substitute. Respectfully submitted, Fortson of Wilkes, 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 277. Do Pass. HB 291. Do Pass as amended.

HB 328. Do Pass. HB 332. Do Pass.

HB 334. Do Pass by substitute.

HB 335. Do Pass.

HB 339. Do Pass.

HB 341. Do Pass.

HB 396. Do Pass.

HB 397. Do Pass.

HB 400. Do Pass.

HB 403. Do Pass.

HB 407. Do Pass as amended. HB 411. Do Pass. SB 35. Do Pass as amended.

SB 87. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman

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461

Mr. Key of Jasper county, Chairman of the Committee on Public Property, submitted the following report:

Mr. Speaker:
Your Committee on Public Property have had under consideration the followin2 bills of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:

HB 207. Do Pass. HB 319. Do Pass.

Respectfully submitted,

Key of Jasper, Chairman.

Mr. Price of Clarke county, Chairman of the Committee on Veterans Affairs, submitted the following report:

Mr. Speaker:

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

HB 383. Do Pass. HB 226. Do Pass by substitute.
Respectfully submitted,

Price of Clarke, Chairman.

Mr. Cheshire of Colquitt 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 28. Do Pass.
SB 51. Do Pass. Respectfully submitted, Cheshire of Colquitt, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Arnall of Coweta county, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 184. Do Pass as amended.

HB 68. Do Not Pass.

Respectfully submitted,

Arnall of Coweta, Chairman.

Mr. McNall 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 recommendation:
HB 370. Do Pass.
Respectfully submitted, MeNall of Chatham, Chairman.

Mr. Pannell of Murray 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:
SB 76. Do Pass. HB 404. Do Pass.
HB 305. Do Pass. HB 415. Do P~ss. HB 414. Do Pass. HB 351. Do Pass.

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463

SB 64. Do Not Pass. HB 410. Do Pass.
Respectfully submitted,

Pannell of Murray, Chairman.

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

HB 70. By Messrs. Britton and Brooke of Whitfield:
A bill to be entitled an act to require the inoculation of dogs against rabies; to create the office of county rabies inspector; and for other purposes.

HB 132. By Messrs. Hatchett of Meriwether, Strickland of Upson and Lancaster of Hall:
A bill to be entitled an act to ~uthorize the state board of health to pay monthly allotments for travel in lieu of mileage; and for other purposes.

HB 177. By Mr. Key of Jasper:
A bill to be entitled an act changing the fee paid to ordinaries for filing birth certificates from 10 cents to 20 cents; and for other purposes.

HB 184. By Messrs. Durden of Dougherty, Arnall of Coweta, Hand of Mitchell, Gowen of Glynn, Dorsey of Cobb, and Culpepper of Fayette:
A bill to be entitled an act to amend the "Motor Fuel Tax Law" to provide for taxation of motor fuel placed in aircraft in Georgia for ~se in intrastate flights; and for other purposes.

HB 207. By Messrs. Harris of Richmond, Durden and Sapp of Dougherty, Hand of Mitchell, and Gowen of Glynn:
A bill to be entitled an act to provide for the marking of graves of soldiers of the Confederacy buried in Georgia; and for other purposes.

HB 226. By Messrs. Price of Clarke, Harrison of Jenkins, Bloodworth and Weaver of Bibb:
A bill to be entitled an act to provide an integrated State Department of Veteran Service; to provide for the appointment of members thereof, and for a director; and for other purposes.

HB 277. By Messrs. Durden of Dougherty and Hand of Mitchell: A bill to be entitled an act to authorize the state, counties, municipalities or

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other subdivisions of the state, to contract with the United States for the purchase, lease or acquisition of equipment, supplies or material; and for other purposes.

HB 291. By Mr. Dorsey of White:
A bill to be entitled an act to fix the salary of the chairman and clerk of the board of commissioners of roads and revenues of White county; and for other purposes.
HB 305. By Messrs. Underwood of Taylor and Kenimer of Harris:
A bill to be entitled an act to fix the time for holding the superior court in Taylor and Harris counties; and for other purposes.

HB 319. By Mr. Gowen of Glynn:
A bill to be entitled an act to create a petroleum oil and gas commission; to authorize the commission to deal with state lands; and for other purposes.

HB 328. By Mr. Ray of Warren:
A bill to be entitled an act to fix the salary for the commissioner of roads and revenues, and a clerk, for Warren county; and for other purposes.

HB 332. By Mr. Gaskins of Berrien:
A bill to be entitled an act to provide that the tax commissioner of Berrien county shall retain fees for issuing fi fas in addition to his salary; and for other purposes.

HB 334. By Mr. Fowler of Douglas:
A bill to be entitled an act to abolish the office of treasurer of Douglas county and provide for a disbursing clerk and a county depository; and for other purposes.

HB 335. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to increase school taxes in Richmond county from 12 to 15 mills; and for other purposes.

HB 339. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to fix the amount of fees to be collected and held by the coroner of Fulton county and to provide for an office and clerical assistance; and for other purposes.

HB 341. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:

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465

A bill to be entitled an act to provide for the civil service system in the Fulton county probation office; and for other purposes.

HB 357. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia:
A bill to be entitled an act to amend Code Section 92-3118 by striking subsection (g) thereof and substituting a new subsection relating to the method of computing income tax of persons who die during a taxable year; and for other purposes.

HB 370. By Mr. Bargeron of Burke:
A bill to be entitled an act to exempt a resident who catches or produces the fish and other sea foods he sells at retail from paying any license; and for other purposes.

HB 383. By Mr. Price of Clarke:
A bill to be entitled an act to amend Code Section 32-937 so as to provide veterans of World War II may attend the public schouls of this state; and for other purposes.

HB 396. By Mr. Sparks of Towns: A bill to be entitled an act to repeal an act approved March 2, 1933 (Acts 1933, p. 236) which authorize county boards of registrars and the ordinary to assist the tax collector in registering voters; and for other purposes.

HB 397. By Mr. Ray of Warren:
A bill to be entitled an act to provide for compensation for a deputy clerk of the superior court of Warren county; and for other purposes.

HB 400. By Mr. Ansley of Lee:
A bill to be entitled an act to provide for five members of the board of commissioners of roads and revenues for Lee county; and for other purposes.

HB 403. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act to provide members of the board of commissioners of Polk county shall be elected from their respective road districts, and not from the county as a whole; and for other purposes.

HB 404. By Mr. Sheffield of Miller:
A bill to be entitled an act to abolish the city court of Miller county; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 407. By lVlessrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to increase the fees to coroner jurors in Muscogee county; and for other purposes.

HB 410. By Mr. Manous of Cherokee:
A bill to be entitled an act to provide a deposit of $10.00 as costs m all divorce suits filed in Cherokee county; and for other purposes.

HB 411. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act to provide for a clerk of the board of commissioners of roads and revenues of Polk county and fix the salary; and fo; other purposes.

HB 414. By Mr. Burch of Dodge:
A bill to be entitled an act to increase the salary of the judge of the city court of Eastman; and for other purposes.

HB 415. By Mr. Burch of Dodge:
A bill to be entitled an act to provide for the appointment of a probation officer for Dodge county; to fix his compensation and the method of paying same; and for other purposes.

SB 28. By Senator Shedd of the 3rd:
A bill to require the State Merit Council to remove from office any county welfare director who has falsified her application for examination in any particular; and for other purposes.

SB 35. By Senator Mavity of the 44th:
A bill to authorize the levy of a tax of one mill in Walker county to establish public libraries; and for other purposes.

SB 51. By Senator Gross of the 31st and others:
A bill authorizing the state department of public welfare to accept and disburse federal grant-in-air funds to the fullest extent; authorizing the department to comply with all requirements prescribed by Congress for this purpose; and for other purposes.

SB 76. By Senator Edenfield of the 2nd:
A bill to be entitled an act to abolish the city court of Darier ; and for other purposes.

WEDNESDAY, FEBRUARY 7, 1945

467

SB 87. By Senator Millican of the 52nd:
A bill to amend the act creating a pension system for employees of Fulton county; to assess 3% of the salary of employees; and for other purposes.

The following messages were received from the Senate through 1\tlrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 69. By Senator Freeman of the 22nd:
A bill to be entitled an act to amend section 24-3406 of the Code of Georgia of 1933 relating to "Deposit of Costs Required in Divorce Cases" by striking the words "six dollars" whenever they appear in said section and substituting therefor the words "ten dollars"; and for other purposes.

SB 70. By Senator Freeman of the 22nd:
A bill to be entitled an act to provide that heirs of a deceased owner of real estate may apply for and obtain from the ordinary an order finding that no administration on the estate is necessary; and for other purposes.

SB 77. By Senator Caldwell of the 37th:
A bill to be entitled an act to amend sections 32-1601 and 32-1602, Civil Code of Georgia for 1933, relating to "Enumeration of School Children" by striking said sections in their entirety; and fo.r other purposes.

SB 84. By Senator Stone of the 15th, Senator Grayson of the 1st, and others:
A bill to be entitled an act making comprehensive provision for an integrated state department of veterans service for Georgia, to create the state department of veterans service; and for other purposes.

SB 102. By Senator Minchew of the 5th:
A bill to be entitled an act authorizing the authority having control of the expenditure of county funds and/ or other proper officials in all counties in the State of Georgia having a population of not less than 6890 nor more than 6900 to pay to the sheriff of said counties the sum of $50; and for other purposes.

SB 106. By Senator Hawes of the 7th, Senator Norton of the 33rd, and others: A bill to be entitled an act providing an additional method for legally

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JOURNAL OF THE HOUSE,

adopting children, to prescribe the procedure for obtaining judgment of adoption; 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 127. By Mr. Whaley of Telfair:
A bill to be entitled an act amending an act creating the office of commissioners of roads and revenues of Telfair county so as to provide for said commissioner being inducted in the military service; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:

HB 131. By Mr. Whaley of Telfair:
A bill to be entitled an act amending an act creating the office of commissioner of roads and revenue of Telfair county so as to provide the amount of compensation to be paid the sheriff of said county for feeding prisoners; and for other purposes.

Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills
and resolution of the House to wit:
HR 10. By Messrs. Gowen and Gilbert of Glynn: A resolution providing for the payment of expenses to superior court judges; and for other purposes.

HB 128. By Mr. Whaley of Telfair: A bill to be entitled an act reducing the official bond of the sheriff of Telfair county from $10,000.00 to $5,000.00; and for other purposes.
HB 129. By Mr. Whaley of Telfair: A bill to be entitled an act abolishing offices of tax receiver and tax collector of Telfair county creating in lieu thereof the county tax commissioner; and for other purposes.
HB 239. By Messrs. Hand and Twitty of Mitchell: A bill to be entitled an act increasing the official bond of the sheriff of Mitchell county to $10,000.00; and for other purposes.

WEDNESDAY, FEBRUARY 7, 1945

469

HB 245. By Mr. Hefner of Pickens: A bill to be entitled an act amending an act creating the office of roads and revenues of Pickens county by raising the salary of said commissioner; and for other purposes.

HB 258. By Mr. Nicholson of Oconee:
A bill to be entitled an act authorizing and directing the county treasurer of Oconee county to pay the sheriff of said county $50.00 per month in addition to fees and compensation; and for other purposes.

HB 240. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act amending an act creating the city court of Camilla providing that the bond of the sheriff of said court shall likewise be responsible when acting as sheriff of the city court of Pelham; and for other purposes.

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

SB 112. By Senator Mavity of the 44th:
A bill to be entitled an act authorizing the Governor to fix the compensation of the director of the state board of social security; 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 261. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an act to amend the charter of the City of Augusta to provide for a pension fund for permanent employees 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 287. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to amend the charter of the City of Gainesville so as to fix the compensation for members of the city commission; 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 296. By Messrs. Bargeron and Cates of Burke:
A bill to be entitled an act to amend the charter of the City of Waynesboro to authorize mayor and council to sell property belonging to said municipality; and for other purposes.
The report 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 301. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to authorize the Griffin-Spalding County Hospital Authority to spend or invest any monies received from any source; and for other purposes.
The report 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. T' he bill having received the requisite constitutional majority was passed.

HB 304. By Mr. Bloodworth of Houston:
A bill to be entitled an act to amend the charter of the City of Perry by extending 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 108, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 309. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta so as to increase the contribution of firemen and policemen to the pension fund; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 7, 1945

471

On the passage of the bill; the ayes were 109, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 317. By Mr. Willoughby of Clinch: A bill to be entitled an act to amend the charter of the City of Homerville to provide for the term of the mayor and aldermen and the method of electing them; and for other purposes.
The report 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 326. By Messrs. Hardy and Lancaster of Hall: A bill to be entitled an act to amend hte charter of the City of Gainesville so as to provide for zoning and planning laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 423. By Messrs. Hand and Twitty of Mitchell: A bill to be entitled an act to extend the city limits of the City of Pelham; and for other purposes.
The report 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 329. By Mr. Hefner of Pickens:
A bill to be entitled an act to amend the charter of the City of Jasper to give the authorities the right to open, close, increase or reduce widths of streets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.



472

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 113, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 338. 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, to provide the method of electing and the term of office of the building inspector; and for other purposes.
The report 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 345. By Mr. Matthews of Peach:
A bill to be entitled an act to amend the charter of the City of Fort Valley, defining the duties of the water and light commission and how utilities owned by the city may be extended or enlarged; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were liS, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 349. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta, to provide that members of the police and fire department may be granted leaves of absence to accept other positions; and for other purposes.
The report 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 358. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta to provide a retirement system for city employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 0.



WEDNESDAY, FEBRUARY 7, 1945

473

The bill having received the requisite constitutional majority was passed.

HB 384. 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 adding a new paragraph dealing with revenues of the school department; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was alfreed to.
On the passage of the bill, the ayes were 118, the nays 0.
The bill having received the requisite constitutional majority was passed.

By unanimous consent, the following resolutions of the House were read and adopted:

HR 61. By Messrs. Boynton of Union and Sparks of Towns:
A resolution requesting the Congress of the United States to equalize payments by the T.V.A. in lieu of taxes to Towns and Union counties in the State of Georgia; and for other purposes.

HR 62. By Mr. Young of Muscogee:
A resolution memorializing the legislature of Tennessee to liberalize the statutes prescribing the size and weight limitations of motor vehicles; and for other purposes.
HR 63. By Messrs. Williams of Ware, Fowler of Douglas, Alexander of Chatham, Connerat and McNall of Chatham, Mitchell of Monroe, Gowen and Gilbert of Glynn, Hand of Mitchell, and Bloodworth of Bibb:
A RESOLUTION
WHEREAS, according to the press of this date, Lt. David S. Atkinson, Jr., the son of Judge and Mrs. David S. Atkinson, Sr., of Savannah, has been killed in action on Luzon, in the invasion of the Philippines; and
WHEREAS, Judge Atkinson is an honored and respected former member of the Gneeral Assembly of this state, having served ably in both branches thereof; and
WHEREAS, we the present members of this General Assembly have read with sincere regret and deep sorrow of the passing of Lt. Atkinson, and are desirous of expressing as a body our sympathy and condolence to Judge and Mrs. Atkinson and other relatives; now, therefore,
BE IT RESOLVED, That the House of Representatives of Georgia, the Senate concurring, express to the bereaved loved ones of Lt. Atkinson our deepest sympathy and most sincere condolence; and

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JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED, That these resolutions be spread upon the records of this body, and that a copy of the same, suitably inscribed, be presented to Judge and Mrs. Atkinson.

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

HB 188. By Messrs. Harrison of \Vayne, Hinson of Jeff Davis, Gowen and Gilbert of Glynn, Williams of Appling, and Claxton of Camden:
A bill to be entitled an act to fix the salary of the solicitor general of the Brunswick judicial circuit at $5200.00 per annum; and for other purposes.
The follow!ng Senate amendment to HB 188 was read:
The Senate committee amends HB 188 by adding another section to said bill as follows to wit:
"The effective date of said bill shall he February 1, 1945." Said section to be added to the bill immediately preceding the repealing clause.
l\tlr. Harrison of Wayne moved that the House agree to the Senate amendment to HB 188.
On the motion to agree to the Senate amendment to HB 188, the ayes were 116, the nays 0. The Senate amendment was agreed to.
Mr. Durden of Dougherty moved that the House recess until 2:00 o'clock and the motion prevailed.
The speaker announced the House recessed until 2:00 o'clock.

2:00P.M. The speaker called the House to order.

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

SB 69. By Senator Freeman of the 22nd:
A bill to be entitled an act to amend section 24-3406 of the Code of Georgia of 1933 relating to "Deposit of Costs Required in Divorce Cases" by striking the words "six dollars" wherever they appear in said section and substituting therefor the words "ten dollars"; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

SB 70. By Senator Freeman of the 22nd:

WEDNESDAY, FEBRUARY 7, 1945

475

A bill to be entitled an act to provide that heirs of a deceased owner of real estate may apply for and obtain from the ordinary an order finding that no administration on the estate is necessary; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

SB 77. By Senator Caldwell of the 37th:
A bill to be entitled an act to amend sections 32-1601 and 32-1602, Civil Code of Georgia for 1933, relating to "Enumeration of School Children" and "How Enumeration is to be Taken," respectively, by striking said sections in their entirety and inserting in lieu thereof the following: "It shall be the duty of the state board of education to adopt such rules and regulations as may be necessary for taking a school census . . ."; and for other purposes.
Referred to the Committee on Education No. I.

SB 84.

By Senators Stone ot the 15th, Grayson of the 1st, Millican of the 52nd, Norton of the 33rd, Greene of the 21st, Causey of the 46th. Drake of the 8th, Rainey of the II th, Gould of the 4th, Cook of the 42nd, Minchew of the 5th, and Freeman of the 22nd:

A bill to be entitled an act to make comprehensive provisiOn for an integrated veterans service for Georgia; to create a state department of veterans service; to provide for a board of veterans service and director; to provide for appointment, selection, powers, duties, compensation, authority of the state department of veterans service and the offices thereof; to provide for the expansion of veterans service work under the state department of veterans service; etc.; and for other purposes.

Referred to the Cummittee on Veterans Affairs.

SB 102. By Senator Minchew of the 5th:
A bill to be entitled an act to authorize and direct the authority having control of the expenditure of county funds and/ or other proper officials in all counties in the State of Georgia having a population of not less than 6,890 nor more than 6,900 according to the federal census of 1940, or any future federal census, because of the extra duties imposed on such officer by reason of national defense activities, to pay to the sheriff of said counties the sum of $50.00 per month; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 103. By Senator Cloud of the 19th:
A hill to be entitled an act to amend the act to revise and consolidate the acts of the General Assembly so as to grant corporate authority to the town of Crawfordville; and for other purposes.

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Referred to the Committee on Municipal Government.

SB 104. By Senator Edenfield of the 2nd:
A bill to be entitled an act creating supplementary salaries for the judge and solicitor general of Mcintosh county; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 105. By Senator Edenfield of the 2nd:
A bill to be entitled an act to provide for the holding of four terms each year of Mcintosh superior court, to prescribe and fix the time for holding the same; to provide for nonjury terms and jury and grand jury terms; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 106. By Senators Harrell of the 7th, Norton of the 33rd, Nix of the 32nd, and Wellborn of the 40th:
A bill to be entitled an act to provide an additional method for legally adopting children; to prescribe the procedure for obtaining judgment of adoption; to prescribe the rights of the adopted child and duties of adopting parents under this act; and to provide for the issuance of a birth certificate for any child adopted under the provisions of this act; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

Mr. Kent of Glascock county, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

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

HB 188.

HB 200.

HB 201.

HR 10.

Respectfully submitted,

Kent of Glascock, Chairman.

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Under unfinished business the House again took up for consideration HR ll and the following paragraphs w'ere read and adopted:

ARTICLE VIII.
EDUCATION.
Section I.
Paragraph I. SYSTEM OF COMMON SCHOOLS; FREE TUITION, SEPARATION OF RACES. The provision of an adequate education for the citizens shall be a primary obligation of the state of Georgia, the expense of which shall be provided for by taxation. Separate schools shall be provided for the white and colored races.
Section II.
Paragraph I. STATE BOARD OF EDUCATION; METHOD OF APPOINTMENT. 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 with 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 Constitution shall consist of those in office at the time this Constitution is adopted, 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, 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 unexpiring 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 qualified. The members of this 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 education 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 school book 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 and existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law.

The following paragraph was read:

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Section III.
Paragraph I. STATE SCHOOL SUPERINTENDENT; ELECTION, TERM, ETC. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected by the State Board of Education, for such term as it may fix, except that the term fixed shall not exceed four years. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fied by law. No member of said Board shall be eligible for election as State School Superintendent during the time for which he shall have been appointed. The first appointment under this provision shall be made at the expiration of the term of the State School Superintendent in office at the time of adoption of this Constitution.
The following amendment to Paragraph I was read and adopted:
The committee moves to amend HR 11 by striking Paragraph I of Section Ill of Artcile VIII in its entirety and substituting a new Paragraph I of said section and article to read as follows:
Paragraph I. State School Superintendent who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of said board shall be eligible for election as State School Superintendent during the time for which he shall have been appointed.
Paragraph I of Section III of Article VIII, was adopted, as amended.

The following paragraph was read and adopted:
Section IV.
Paragraph I. UNIVERSITY SYSTEM OF GEORGIA; BOARD OF REGENTS. There shall be a Board of Regents of the University System of Georgia, and the government, control and management of the University System of Georgia and of all 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 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 the said Board. The first Board of Regents under this Constitution shall consist of those in office at the time this Constitution is adopted, with 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 bv 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

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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 powers and duties as provided by law existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law.
The following paragraph was read:
Section V.
Paragraph I. COUNTY SYSTEM; BOARD OF EDUCATION; ELECTION, TERM, ETC. Authority is granted to Counties to establish and maintain public schools within their limits. Each County, exclusive of any independent school system now in existence in a County, shall compose one school district and shall be confined to the control and management of a County Board of Education. The Grand Jury of each County shall select from the citizens of their respective Counties five freeholders, who shall constitute the County Board of Education. Said members shall be elected for the term of five years except that the first election of Board members under this Constitution shall be for such terms that will provide for the expiration of the term of one member of the County Board of Education each year. 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 next Grand Jury convenes at which time said Grand Jury shall appoint the successor member of the Board for the unexpired term. The members of the County Board of Education of such County shall be selected from that portion of the County not embraced within the territory of an independent school district.
The following amendment to Paragraph I was read and adopted:
Messrs. Harris of Richmond, Culpepper of Fayette and Greer of Lanier moved to amend HR 11 by adding at the end of Paragraph I of Section V of Article VIII, the following:
The General Assembly shall have authority to make provision for local trustees to each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees.
P'aragraph I of Section V of Article VIII, was adopted, as amended.
The following paragraph was read:
Section VI.
Paragraph I. COUNTY SCHOOL SUPERINTENDENT; ELECTION, TERM, ETC. There shall be a County School Superintendent, who shall be the executive officer of the County Board of Education. The method of the selection

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of the said County School Superintendent shall be determined by the people of the County. He shall hold his office for a term of four years. The qualifications and the salary of the County School Superintendent shall be fixed by law. No member of the County Board of Education shall be eligible for election as County School Superintendent during the time for which he shall have been elected.
The following amendment to Paragraph I was read and adopted:
The committee moves to amend HR ll-l9C by striking Paragraph I of Section 6 of Article 8 in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
Paragraph I. COUNTY SCHOOL SUPERINTENDENT; ELECTION, TERM, ETC. There shall be a County School Superintendent, who shall be the executive officer of the County Board of Education. He shall be elected by the people" and his term of office shall be for four years and run concurrently with other county officers. The qualifications and the salary of the County School Superintendent shall be fixed by law.
Paragraph I of Section VI of Article VIII, was adopted, as amended.

The following paragraph was read:
Section VII.
Paragraph I. INDEPENDENT SYSTEMS CONTINUED; NEW SYSTEMS PROHIBITED. Authority is hereby granted to municipal corporations to maintain existing independent school systems within their limtis, and support the same as authorized by special or general law. No new independent school system shall hereafter be established.
The following amendment to Paragraph I was read and adopted:
The committee moves to amend Article VIII, Section VII, Paragraph I, on page 76 of the Revised Constitution of the State of Georgia, adopted December 9, 1944, by the Commission to Revise the State Constitution, by adding to the first sentence of said paragraph the words, "and such existing systems may add thereto colleges," so that said paragraph as thus amended shall read as follows:
"Paragraph I. INDEPENDENT SYSTEMS CONTINUED; NEW SYSTEMS PROHIBITED. Authority is hereby granted to municipal corporations to maintain existing independent school systems within their limits, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established."
Paragraph I of Section VII of Article VIII, was adopted, as amended.

The following paragraphs were read and adopted: Section VIII.
Paragraph I. MEETINGS OF BOARDS OF EDUCATION. All official

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meetings of County Boards of Education shall be open to the public.
Section IX.
P'aragraph I. CONTRACTS FOR CARE OF PUPILS. County Boards of Education and independent school systems may contract with each other for the education, transportation, and care of pupils.
Section X.
Paragraph I. CERTAIN SYSTEMS PROTECTED. Public school systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution.

The following paragraph was read:
Section XI.
Paragraph I. GRANTS, BEQUESTS AND DONATIONS PERMITTED. The State Board of Education and the Regents of the University System of Georgia may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education.
The following amendment to Paragraph I was read and adopted:
The committee moves to amend Article VIII, Section XI, by adding a new paragraph to be numbered Paragraph II, to read as follows:
Paragraph II. GRANTS, BEQUESTS AND DONATIONS TO COUNTY BOARDS OF EDUCATION AND INDEPENDENT SCHOOL SYSTEMS. County Boards of Education and independent school systems may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education.
Article VIII, Section XI, was adopted, as amended.

The following paragraph was read:
Section XII.
Paragraph I. TAXATION BY COUNTIES FOR EDUCATION. The fiscal authority of the several Counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fifteen mills (as recommended by the County Board of Education) upon the dollar of all taxable property in the county located outside independent school systems, and the provisions of this section shall apply to the public schools systems referred to in Section X.
The following amendments to Paragraph I were read and adopted:
The committee moves to amend Article VIII, Section XII of HR 11, by striking from said section the following language:

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"And the provisions of this section shall apply to the public school systems referred to in Section X."
Messrs. Alexander, Connerat and MeN all of Chatham move to amend HR 11 by adding the following sentence to Article VIII, Section XII:
The independent school system of Chatham County and the City of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county, as recommended by the governing body of said system."
Paragraph I, Section XII, Article VIII, was adopted, as amended.

The following paragraphs were read and adopted:
ARTICLE IX.
HOMESTEADS AND EXEMPTIONS.
Section I.
Paragraph I. AMOUNT OF HOMESTEAD AND EXEMPTIONS. The General Assembly shall have authority to exempt from levy and sale, by virtue of any process whatever under the laws of this State, the property of every head ot a family, or guardian, or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of dependent females of any age, who is not the head of a family, realty or personalty, or both, to the value in the aggregate of sixteen hundred dollars; to provide the manner of exempting said property, the sale, alienation and encumbrance thereof, and to provide for the waiver of said exemption by the debtor.
Paragraph II. HOMESTEAD AND EXEMPTION LAWS CONTINUED. The laws now of force with respect to homestead and exemptions shall remain in full force until changed by law.
ARTICLE X.
MILITIA.
Section I.
Paragraph I. ORGANIZATION OF MILITIA. A well regulated militia being essential to the peace and security of the State, the General Assembly shall have authority to provide by law how the militiia of this State shall be organized, officered, trained, armed and equipped; and of whom it shall consist.
Paragraph II. VOLUNTEERS. The General Assembly shall have power to authorize the formation of volunteer companies, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions as may be prescribed by law, and shall have authority to arm and equip the same.

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Paragraph III. PAY OF MILITIA AND VOLUNTEERS. The officers and men of the militia and volunteer forces shall not be entitled to receive any pay, rations or emoluments, when not in active service by authority of the State.
ARTICLE XL
COUNTIES AND MUNICIPAL CORPORATIONS.
Section I.
Paragraph I. COUNTIES A CORPORATE BODY; BOUNDARIES. Each county shall be body corporate with such powers and limitations as may be prescribed by law. All suits by or against county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided.
Paragraph II. NUMBER LIMITED. There shall not be more than one hundred and fifty-nine counties in this State.
Paragraph III. NEW COUNTIES PERMITTED WHEN. No new county shall be created except by the consolidation or merger of existing counties.

The following paragraph was read:
Paragraph IV. CONSOLIDATION OF COUNTIES; METHOD. The General Assembly shall have power, with the concurrence of a majority of the qualified voters of each of the counties to be affected who participate in elections held for that purpose, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county and the merger of portions thereof into other counties.
The following amendment to Paragraph IV was read and adopted:
The committee moves to amend Article XI, Section I, Paragraph IV, of the Constitution as proposed by the Constitutional Revision Committee by striking the words "a majority" and substituting in lieu thereof the word "two-thirds," so that said Article XI, Section I, Paragraph IV, as amended, will read as follows:
"The General Assembly shall have the power, with the concurrence of twothirds of the qualified voters of each of the counties to be affected who participate in elections held for that purpose, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties."
Paragraph IV, Section I, Article XI, was adopted, as amended.

The following paragraph was read:
Paragraph V. DISSOLUTION OF COUNTIES; METHOD. Any county may be dissolved and merged with a continguous county or counties by a majority of the qualified voters of each of the counties affected who participate in elections

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held for that purpose. On the petition of onefifth of the registered voters of any one of the counties to be affected, the proper authorities of all the counties concerned shall call an election for the purpose of deciding the question of consolidation or merger:
The following amendment to Paragraph V was read and adopted:
The committee moves to amend Article XI, Section I, Paragraph V of the Constitution as proposed by the Constitutional Revisions Committees by striking the words of the paragraph in its entirety and substituting in lieu thereof the following:
"Any county may be dissolved and merged with a contiguous county or counties by two-thirds of the qualified voters of each of the counties affected who participate in elections held for that purpose."
Paragraph V, Section I, Article XI, was adopted, as amended.
The following paragraphs were read and adopted:
Paragraph VI. COUNTY GOVERNMENTS UNIFORM; EXCEPTIONS. Whatever tribunal, or officers, may be created by the General Assembly for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for Commissioners of Roads and Revenues in any county, may abolish the office of County Treasurer in any county, may fix the compensation of County Treasurers, and may consolidate the officers of Tax Receiver and Tax Collector in the office of Tax Commissioner, and may fix his compensation, wtihout respect to uniformity.
Paragraph VII. CONSOLIDATION" OF GOVERNMENTS; SUBMISSION TO VOTERS. The General Assembly may provide by general law optional systems of consolidated county and municipal government, providing for the organization and the powers and duties of its officers. Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting.
Paragraph VIII. COUNTY LINES. County lines shall not be changed, unless under the operation of a general law for that purpose.
The following paragraph was read:
Paragraph IX. COUNTY SITES CHANGED; METHOD. No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose and by a majority vote of the General Assembly, except in case of a merger or a consolidation.
The following committee amendment was read and adopted:
The committee moves to amend Article XI, Section I, Paragraph IX by striking from said paragraph the following at the end of the last sentence, to-wit "except in case of a merger or a consolidation."

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So that said paragraph when amended, shall read as follows:
"Paragraph IX. COUNTY SITES CHANGED; METHOD. No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose and by a majority vote of the General Assembly."
Paragraph IX, Article XI, Section I was adopted as amended.

The following paragraph was read and adopted:

Section II.
Paragraph I. COUNTY OFFICERS; ELECTION; TERM: REMOVAL; ELIGIBILITY. The county officers shall be elected by the qualified voters of their respective counties or districts, and shall hold their office for four years. They shall be removed upon conviction for malpractice in office; and no person shall be eligible for any of the offices referred to in this paragraph unless he shall have been a resident of the county for two years and is a qualified voter.

The following paragraph was read :
Paragraph II. C 0 M P E N SAT I 0 N OF COUNTY OFFICERS; CHANGED HOW. Upon the recommendation of two successive Grand Juries the fiscal authorities of the county may place county officers on a fee basis, salary basis, or fee basis supplemented by salary, and may change such basis from time to time upon recommendation of two successive Grand Juries.
The following committee amendment was read and adopted:
Mr. Harris of Richmond moves to amend HR ll-l9C by striking Paragraph II, Section II of Article XI, which reads as follows:
"Paragraph II. C 0 M PENS AT I 0 N OF COUNTY OFFICERS; CHANGED HOW. Upon the recommendation of two successive Grand Juries the fiscal authorities of the county may place county officers on a fee basis, salary basis, or fee basis supplemented by salary, and may change such basis from time to time upon recommendation of two successive Grand Juries."
And substituting in lieu therefor the following:
Paragraph II. COMPENSATION OF COUNTY OFFICERS. County officers may be on a fee basis, salary basis, of fee basis supplemented by salary, in such manner as may be directed by law."
Paragraph II, Section II, Article XI was adopted as amended.

The following paragraphs were read and adopted:

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ARTICLE XII.
THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE.
Section I.
Paragraph I. SUPREME LAW. The laws of general operation in this State are, first: The Constitution of the United States, the law~ of the United States in pursuance thereof nad all treaties made under the authority of the United States.
P'aragraph II. SECOND IN AUTHORITY. Second. As next in authority thereto: this Constitution.
Paragraph III. THIRD IN AUTHORITY. Third. In subordination to the foregoing: All laws now in force in this State, not inconsistent, with this Constitution shall remain of force until the same are modified or repealed by the General Assembly.
Paragraph IV. LOCAL AND PRIVATE ACTS. Local and private acts passed for the benefit of counties, cities, towns, corporations and private persons. not inconsistent with the Supreme law, nor with this Constitution and which have not expired nor been repealed, shall have the force of Statute law, subject to judicial decision as to their validity when passed, and to any limitations imposed by their own terms.
Paragraph V. PROCEEDINGS OF COURTS CONFIRMED. All judgments, decrees, orders, and other proceedings, of the several courts of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by motion for a new trial appeal, bill or review or other proceedings, inconformity with the law of force when they were made.
Paragraph VI. EXISTING OFFICERS. The officers of the Government now existing shall continue in the exercise of their ~everal functions until their successors are duly elected or appointed and qualified. But nothing herein is to apply to any officer, whose office may be abolished by this Constitution.

ARTICLE XIII.
AMENDMENTS TO CONSTITUTION.
Section I.
Paragraph I. PROPOSED BY GENERAL ASSEMBLY; SUBMISSION TO P'EOPLE. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives and if the same shall be agreed to by two-thirds of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon. And the General Assembly shall cause such amendment or amendments to be published in one or more newspapers in each Congressional District, for two months previous to the time of holding the next general election at

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which election members of the General Assembly are chosen; and if such proposed amendment directly affects only one or more political subdivisions of the State, i:hen it shall also be advertised in the area to be directly affected thereby; and shall also provide for a submission of such proposed amendment or amendments to the people at said next general election, and if the people shall ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment or amendments shall become a part of this Constitution; provided that if the proposed amendment is not one that directly affects the whole State, but only one or more sub-divisions thereof, said amendment shall be submitted to the voters in the area affected in a special election, designated in the proposed amendment, which said special election shall be held not more than 90 days after the adjournment of the General Assembly at which said amendment is proposed. The result of said election shall be certified to the Secretary of State. If a majority of those voting in said special election shall vote for the proposed amendment the Governor shall cause said amendment to be placed on the ballot and submitted to the voters in the next General election as herein provided. When more than one amendment is submitted at the saQle time they shall be so submitted as to enable the electors to vote on each amendment separately.
Paragraph II. CONVENTION, HOW CALLED. No convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the Convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly.
Paragraph III. VETO NOT PERMITTED. The Governor shall not have the right to veto any proposal by the General Assembly to amend the Constitution.
ARTICLE XIV.
MERIT SYSTEM.
Section I.
Paragraph I. PERSONNEL BOARD; APPOINTMENT; TERMS. There shall be a non salaried State Personnel Board composed of three citizens of this State of known interest in the improvement of public administration and in the impartial selection of efficient personnel on the basis of merit and fitness. The members of the State Personna! Board shall be appointed by the Governor. 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. Neither the Governor or any other State employee shall be a member of the State Personnel Board.
Paragraph II. DUTIES, POWERS AND AUTHORITIES. The State Personnel Board shall have such duties, powers and authorities as provided by law.

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Paragraph III. The legislature may establish an actuarially sound retirement system for persons holding positions under the Merit System.
Paragraph IV. Adequate appropriations shall be made by the legislature to carry out the purposes of this provision.

The following paragraphs were read:
ARTICLE XV.
HOME RULE.
Section I.
Paragraph I. The organization, powers and duties of county and municipal governments shall be defined by general law. Optional plans of county and municipal governments shall be provided to be effective in any county or municipality when submitted to the qualified voters thereof, and approved by a majority of those voting. No special or local law or general law having only local application affecting county or municipal governments shall be enacted in any case for which provision has been made by existing general laws. No special law or general law with only local application affecting county or municipal governments shall become effective unless submitted to the qualified voters of the county or municipality, or the counties or municipalities affected and approved by a majority of those voting, providing upon the request of the governing authority of a county or municipality, the General Assembly may amend the charter of such municipality or the law regulating such county now of force or hereafter adopted, but no provision in any such amendment which conflicts with a provision in such charter or law previously adopted by popular vote shall be valid unless such new provision is ratified by the vote of the electors of such municipality or county. The result of the election, upon ratification by the voters, shall be certified to the Secretary of State by the governing authorities of the county or municipality affected and shall be published in the months of January and June of each year by the Secretary of State in bound volumes.
Paragraph II. When a county or municipality adopts one of the alternative plans of government provided by the General Assembly, or when a county or municipal government adopt one of the plans of consolidating county and municipal government provided by the General Assembly, such county or municipality shall certify the plan chosen to the Secretary of State.
Section II.
Paragraph I. In addition to the grant of lekislative authority contained in this Constitution, the governing authorities of any county or municipality in this State are empowered to enact any local law operative only wtihin the area of the county or municipality and not inconsistent with general law or this Constitution.
Paragraph II. The methods of exercising the powers herein granted are:

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( 1) The people of any county or municipality may require a referendum ou any local legislation sought to be enacted by the governing authority of the county of municipality, said local legislaion affecting only the territory included in the county or municipality, by petition of one-third of the registered voters of the county or municipality affected. Upon the filing of such proposed petition for referendum signed by one-third of the registered voters of the county or municipality affected, it shall be the duty of the governing authority to place the same on the ballot at the next regular county or municipal election; provided, however, that the petition for referendum must be filed with the governing authorities within sixty days after publication, if the enactment of local legislation by the governing authority has been made. If a majority of the voters voting therein favor the local legislation it shall become law upon certification of a copy thereof to the Secretary of State, whose duty it shall be to publish the local acts in conformity with the provisions hereinbefore provided.
(2) The people of any county or municipality may initiate local laws affecting only the territory included in the county or municipality by petition of one-third of the registered voters of the county or municipality upon the filing of such proposed local legislation together with a petition signed by one-third of the registered voters of the county or municipality requesting it, it shall be the duty of the governing authorities to place the same on the ballot at the next regular county or municipal election. If a majority of the voters voting therein favor the local legislation it shall become the law upon certification of a copy thereof to the Secretary of State, whose duty it shall be to publish such local acts.
P'aragraph III. This provision shall not authorize the people of counties or municipalites or the governing authorities thereof to change county or municipal boundaries or to abolish county or municipal governments.
Paragraph IV. The governing authorities of the counties and municipalities of this State, in conformity with the provisions hereinbefore contained, are authorized and empowered to enact zoning laws.
Paragraph V. No law shall be enacted by the governing authorities of the counties or the municipalities of this State which deals with more than one subject matter.
Paragraph VI. All local laws in conflict with general law as now in force or hereafter adopted shall be null and void.
Paragraph VII. This section applies to those counties and municipalities in which the people by majority of those voting in an election vote to adopt the provisions of this section. The General Assembly shall provide for such election.

The following amendment was read and adopted: The committee moves to amend HR 11-19C by striking Article 15, Sections 1 and 2, in its entirety and substituting in lieu thereof the following:
Section I. The General Assembly shall have authority to provide for uniform systems

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of county and municipal government, and to provide for optional plans of both, and shall have authority to provide for systems of initiative, referendum and recall in both county and municipal governments.
Sections I and II of Article XV, was adopted, as amended.

The following section of HR 11 was read and adopted:
Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the "yeas" and "nays" taken thereon, and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next General Election, in August, 1945, as provided by law.

The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.

On the adoption of HR 11-19C, as amended, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Bargeron Barrett Barwick Beddingfield Black
Bloodworth of Bibb Bloodworth of Houston Britton Brooke Broome Brumby Brunson Burch Callaway Campbell Chance Chastain Cheek Cheshire

Claxton Connell Connerat Cowart Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Garrison Gaskins Gavin Giddens

Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hall Hand Harden Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Herndon Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Holloway

WEDNESDAY, FEBRUARY 7, 1945

491

Hooks Hubert Jackson Jennings of Terrell Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Littlejohn Looper Lovett Maund McCracken McCurdy Mallard Mankin Mann of Henry Mann of Rockdale Manous Massey Matthews of Peach

Medders Miller Mitchell Moore Mosley Moye of Brooks Yloye of Randolph Mullinax Nicholson O'Shea! Overby Parham Parks Pannell Pennington Phillips Pittman of Bartow Pittman of Tift Powell Price Ramey Ray Ritchie Rossee Roughton Sapp Seagler Seagraves

Sears Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Swint Thompson Thornton Thrash Trotter Twitty
Underwoo~
Weaver Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Toombs Wilson Witherington Young

Those not voting were :

Adamson Baker Banks Battles Boynton Brock Cates Etheridge of Butts Gary Gibson Hampton Hardy of Hall Hatchett Hefner Herrin

Hollis Hurst Jennings of Sumter Johns Lewis Livingston McNall Malone Mason Matthews of Paulding Morrison Murphy Oakley Oden Odom

Oliver Pettit Porter Riddlespurger Sheffield Sumner Watford Wells of Ben Hill Williams of Gwinnett Williams of Ware Willis Willoughby Mr. Speaker

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

492

JOURNAL OF THE HOUSE,

The resolution having received the requisite constitutional maioriry, was adopted, as amended.

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.

THURSDAY, FEBRUARY 8, 1945

493

Representative Hall, Atlanta, Georgia. Thursday, February 8, 1945.

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 scripture reading and prayer by Mr. Roughton, Representative from Washington County.

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

Mr. Evitt of Catoosa, chairman of the Committtee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
( 1) Introduction of bills and resolutions. (2) First reading and reference of House bills and resolutions. (3) Reports of standing committees. (4) Second reading of bills and resolutions. ( 5) Third reading and passage of uncontested Jocal bills. (6) First reading and reference of Senate bills.

The following message was received from His Excellency, the Governor.

Office of the Governor, Atlanta, Georgia.

Hon. Roy V. Harris, Speaker, and Members House of Representatives, State Capitol, Atlanta, Georgia.

February 8, 1945.

Dear Mr. Speaker and Members of the House of Representatives:
I desire to express my sincere appreciation and congratulations to the entire membership of the House for the very unusual work that has been done by you in considering and adopting the revised Constitution of Georgia. It is remarkable that this work proceeded with such dispatch and on the consideration of the entire proposal not a single vote was cast against it. This accomplishment has not been equalled in any other State in the Union.

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JOURNAL OF THE HOUSE,

Your action stands as testimony to the fact that ~he revised Constitution is basically sound, desired by the people and is free from any "tricks, jokers" or dangerous changes. You have included in the Constitution such provisions as the Constitutional Board of Corrections, a Constitution Veterans Department, a constitutional basis for a good Merit System, and proper provisions for a Home Rule System that will allow the people of the various municipalities and counties to determine their own affairs.
The people of Georgia have a right to feel proud of this General Assembly. As remarkable as I thought the 1943 Legislature was, the 1945 Assembly surpasses even it.
Particularly do I desire to express appreciation and thanks to the Speaker of the House, the Speaker Pro Tern, the Floor Leader, Hon. J. W. Culpepper, Chairman of the Committee which handled the revised Constitution, and all of those who so valiantly fought the battles of the people. The fact that the proposed Constitution has been ratified unanimously by the House is a strong indication that it will likewise be ratified by a great majority of the electorate of Georgia.
(signed) Ellis Arnall, Governor.

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

HR 64. By Mr. Durden of Dougherty:
A resolution establishing a special and continuing order of business during the day.

By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time, and referred to the committees.
HB 450. By Messrs. Dorsey of Cobb and Hicks of Floyd: A bill to be entitled an act to limit the rate of interest of small loan companies licensed by the superintendent of banks; and for other purposes. Referred to the Committee on General Judiciary No. 2.

HB 451. By Mr. Greer 'of Lanier: A bill to be entitled an act to provide a method of filling vacancies of mayor or aldermen of the City of Lakeland; and for other purposes. Referred to the Committee on Municipal Government.
HB 452. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick to ratify the closing of certain portions of Amherst and Wolf Streets and

THURSDAY, FEBRUARY 8, 1945

495

confer additional powers upon the city commissioner; and for other purposes.
Referred to the Committee on Municipal Government.

HB 453. By Messrs. Wilson of Bibb and Hubert of DeKalb:
A bill to be entitled an act to amend the Homestead Exemption Law by providing a member of the family or friend of a person in the armed forces may acquire for a homestead exemption for such absent person; and for other purposes.
Referred to the Committee on Ways and Means.

HB 454. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide minimum salaries or wages for officers and men in the fire department of the City of Augusta; and for other purposes.
Referred to the Committee on Municipal Government.

HB 455. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend code section 295-303 by providing coroners shall receive a fee of $10.00 for investigating and reporting each death caused by motor vehicle; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 456. By Messrs. Broome, Hubert and McCurdy of DeKalb, Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Atlanta to extend the city limits in DeKalb county; and for other purposes.
Referred to the Committee on Municipal Government.

HB 457. By Messrs. Broome, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur by providing for the assessment of sanitary taxes and the method of collecting; and for other purposes.
Referred to the Committee on Municipal Government.

HB 458. By Mr. Hogg of Marion:
A bill to be entitled an act to pay the sheriff of Marion county a salary in addition to fees; and for other purposes. Referred to the Committee on Counties and County Matters.

496

JOURNAL OF THE HOUSE,

HB 459. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus by extending the city limits; and for other purposes.
Referred to the Committee on Municipal Government.

HR 65-458A. By Merrs. Kelley and Crow of Walker:
A resolution directing the joint secretary, State Examining Boards to pay B. R. Swanson $490.00 as balance on salary from funds of the State Board of Barber and Hairdresser Examiners; and for other purposes.
Referred to the Committee on Special Appropriations.

HR 66-458B. By Mr. McCracken of Jefferson:
A resolution directing payment of balance due Riches, Piver Company for calcium arsenate purchased in the years 1921 through 1925; and for other purposes.
Referred to the Committee on Special Appropriations.

HR 67-458C. By Mr. Brooke of Whitfield:
A resolution relieving Charles V. Burch as surety of Manuel Stafford m Whitfield county; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 68-458D. By Messrs. Smith of Bryan, Smiley of Liberty, Watford of Long, Oliver of Tatnall and Glisson of Evans:
A resolution directing the Governor, the agricultural and development board, each department head, and all State employees to work towards bringing about the return of all property comprising Camp Stewart Military Reservation to its original owners; and for other purposes.
Referred to the Committee on Special Judiciary.

Mr. Pittman of Bartow County, Chairman of the Committee on Amendments to the Constitution No. 1 sumitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution No. 1, have had under consideration the following bills and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 343. Do Pass.

THURSDAY, FEBRUARY 8, 1945

497

HB 344. Do Pass.
HR 52-344A. Do Pass. Respectfully submitted, C. C. Pittman of Bartow, Chairman.

Mr. Williams of Toombs County, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me as Chairman, to report the sam~ back to the House with the following recommendations:

HB 257. Do Pass. (Mr. Mitchell of Monroe filed a minority report to the action "of the Committee.)
HB 408. Do Pass as amended. HB 434. Do Pass. HB 442. Do Pass. HB 438. Do Pass. HB 146. Do Pass. HB 412. Do Pass. HB 431. Do Pass. HB 66. Do Pass. HB 409. Do Pass. SB 56. Do Pass. HB 443. Do Pass.
Respectfully submitted, Garland H. Miller of Toombs, Vice-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

498

JOURNAL OF THE HOUSE,

following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 58-402A. Do Pass.
Respectfully submitted, Mrs. Guerry of Macon, Chairman.

Mr. Kendrick of Fulton County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations have had under consideration the bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 39. Do Pass as amended.
Respectfully submitted, Kendrick of Fulton, Chairman.

Mr Hubert of DeKalb County, Vice-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 the following recommendaions:

HB 321. Do Pass.

HB 342. Do Pass.

HB 398. Do Pass.

HB 417. Do Pass.

Respectfully submitted,
H. 0. Hubert of DeKalb,
Vice-Chairman.

l\1r. 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

THURSDAY, FEBRUARY 8, 1945

499

the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendaions:

HB 295. Do Pass. HB 423. Do Pass.

Respectfully submitted, F. H. Sills of Candler, Chairman.

Mr. Durden of Dougherty 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 recommendation:
HR 59-407A. Do Pass. Respectfully submitted, Mr. Durden of Dougherty, Chairman.

Mr. Bloodworth of Bibb 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 445. Do Pass.

HB 447. Do Pass.

HB 421. Do P'ass.

HB 448. Do Pass.

HB 399. Do Pass.

SB 90. Do Pass.

Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Thrash of Coffee 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

500

JOURNAL OF THE HOUSE,

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 46-326A. Do Pass. Respectfully submitted, J. M. Thrash of Coffee, Chairman.

Mr. Wells of Ben Hill 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 61. HR 62.

HR 63. HR11.

Respectfully submitted,

Virgil G. Wells of Ben Hill, Chairman.

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

HB 146. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to fix the venue of all suits on bonds of all state, county or. municipal officers in the county of the residence of such officials; and for other purposes.

HB 257. By Messrs. Hinson and Williams of Ware and Brock of Carroll:
A bill to be entitled an act to repeal section 24-1601 of the code and provide a new section 24-1601 setting up a new schedule of fees for the Justices of the Peace; and for other purposes.

HB 295. By Mr. Parham of Heard:
A bill to be entitled an act to create the office of commissioner of roads and revenues of Heard county, effective January 1, 1949; and for other purposes.

HB 321. By Mr. Etheridge of Fulton: A bill to be entitled an act to provide that where money is deposited or

THURSDAY, FEBRUARY 8, 1945

501

secuntles registered in the name of two persons such monies or secunttes shall be deemed to be the property of the survivor unless a clear intent to the contrary appears; and for other purposes.

HB 342. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton, Hubert and Broome of DeKalb:
A bill to be entitled an act to provide for the condemnation and sale of any vehicle used to transport lottery tickets; and for other purposes.

HB 343. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to propose an amendment to article 7, section 7, paragraph 1 of the Constitution, to authorize the City of Atlanta to incur bonded indebtedness for school purposes; and for other purposes.

HB 344. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to propose an amendment to paragraph 2 of article 7 of the Constitution, to provide for the payment of pensions or retirement pay to widows and minor children of county employees of Fulton county; and for other purposes.

HB 398. By 'Mr. Etneridge of Fulton:
A bill to be entitled an act to amend code section 53-201 by adding a section to be known as section 53-201a, making it a misdemeanor for marrying officials to fail or refuse to comply with section 53-201; and for other purposes.

HB 399. By Mes~rs. Lam, Trotter and Dallis of Troop.
A bill to be entitled an act to amend the charter of the City of Hogansville to provide a commission form of government with a city manager; and for other purposes.

HB 408. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an act to increase fees of the coroner of Muscogee county; and for other purposes.
HB 409. By Mr. Manous of Cherokee: A bill to be entitled an act to provide that the fiscal authority of Cherokee county shall pay the cost in misdemeanor cases to county officers; and for other purposes.
HB 412. By Mr. Fowler of Douglas: A bill to be entitled an act to provide that jury commtsstoners and their clerk may be paid $5.00 per day; and for other purposes.

502

JOURNAL OF THE HOUSE,

HB 417. By Mr. Nicholson of Oconee:
A bill entitled an act to amend code section 113-1701 to provide for the sale of perishable property on order of the ordinary in three days or at prevailing market price; and for other purposes.

HB 421. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to establish trust funds for the construction, repair of public works or facilities to fix the salary for the board of tax appeals; and for other purposes.

HB 423. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to authorize Bibb county authorties to levy a license or occupation tax on all business outside of incorporated towns in Bibb county; and for other purposes.

HB 431. By Messrs. Whaley of Telfair, Adams of Wheeler, Morrison of Montgomery, Hall of Treutlen, Dupree of Pulaski, Dykes of Bleckley and Burch of Dodge:
A bill to be entitled an act to fix the salary for the court reporter of the Oconee judicial circuit for reporting and transcribing criminal cases; and for other purposes.

HB 434. By Messrs. McCurdy of DeKalb and Williams of Ware:
A bill to be entitled an act to amend the "building and loan act" to more fully define members and provide voting provilege of such members; to provide loans may be made in a radius of 50 miles from an associations home office; and for other purposes.

HB 438. By Mr. Dykes of Bleckley:
A bill to be entitled an act to authorize the next grand jury to increase the pay of the sheriff of Bleckley county by paying a salary of $100.00 a month; and for other purposes.

HB 442. By Mr. Burch of Dodge:
A bill to be entitled an act to provide for the appointment of a special deputy sheriff for Dodge county and to fix his compensation; and for other purposes.

HB 443. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to be entitled an act to authorize the board of education of Fulton

THURSDAY, FEBRUARY 8, 1945

503

county to call elections on the issuing of school bonds without the necessity of a petition signed by one-fourth of the registered voters; and for other purposes.

HB 445. By Messrs. Price and Hill of Clark:
A bill to be entitled an act to amend the charter of the City of Athens to create a retirement fund for city employees; and for other purposes.

HB 447. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the act creating a board of tax assessors for the City of Macon to provide for the assessment or reassessment of property for taxation; and for other purposes.

HB 448. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to provide the city fire department may enter into agreements and receive compensation for fighting fires within the County of l\1uscogee outside the city lmiits of Columbus; and for other purposes.

SB 39. By Senator Gross of the 31st:
A bill to be entitled an act to regulate the employment of children, and to define hazardous occupations; and for other purposes.

SB 56. By Senator Holsenbeck of the 27th:
A bill to be entitled an act to provide for a change of time of holding the superior court of Barrow county; and for other purposes.

SB 66. By Senator Hawes of the 30th:
A bill to be entitled an act to increase the salary of the solicitor general of the Northern Judicial Circuit; and for other purposes.

SB 90. By Senator Millican of the 52nd:
A bill to be entitled an act to amend section 36-606, Code of Georgia, 1933; and for other purposes.

HR 46-326A. By Mr. Marion Ennis of Baldwin:
A resolution vesting title to the Jarrett Spring Lot in the Board of Regents of the University System of Georgia, said lot being located in Milledgeville; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 52-344A. By Mrs. Mankin and Messrs Etheridge and Kendrick of Fulton:
A resolution proposing an amendment to article 7, section 6, paragraph 2, of the Constitution authorizing Fulton county commissioners to levy and collect a license tax on all persons doing business in unincorporated areas and

to regulate the conduct of business in areas; and for other purposes. HR 58-402A. By Messrs. Phillips af tolumbia, Harrison of Jenkins, Gowen of
Glynn and McCracken of Jefferson:
A resolution creating the Alton Cogdell Memorial association commission; and for other purposes.

HR 59-407A. By Messrs. Durden of Dougherty, Hand of Mitchell and Gowen of Glynn:
A resolution authorizing the State administration to cooperate fully with the Council of State Governments and authorizing an appropriation to the Council of State Governments; and for other purposes.

The following messages were received from the Senate through Mrs. Nevin the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit:

SB 91. By Senator Millican of the 52nd:
A bill to be entitled an act amending the Code of Georgia by repealing section 92-3113 and substituting a new section to provide the method of figuring income tax for corporations; and for other purposes.

SB 107. By Senator Wellborn of the 40th: A bill to be entitled an act providing a method and means of showing that a person has been restored to sanity; and for other purposes.
SB 109. By Senators Holsenbeck of the 27th, and Gillis of the 16th:
A bill to be entitled an act amending an act establishing soil conservation districts; and for other purposes.

SB 113. By Senator Edenfield of the 2nd:
A bill to be entitled an act amending an act providing a new charter for the City of Darien, by conferring the right to close certain streets; and for other purposes.

SB 119. By Senator Wall of the 9th:

THURSDAY, FEBRUARY 8, 1945

505

A bill to be entitled an act providing a method of changing county lines lying within the limits of incorporated towns and cities; and for other purposes.

SB 120. By Senator Greene of the 21st:
A bill to be entitled an act amending an act creating the town of Gray so as to provide for administrative powers of council, the right to referendum; and for other purposes.

SB 125. By Senators Causey of the 46th, Harrell of the 7th; and others:
A bill to be entitled an act to authorize and empower the State Board of Education to receive Federal and other funds designated for the construction of school houses; and for other purposes.

SB 93. By Senator Hawes of the 30th:
A bill to be entitled an act to provide for payment of salary of the deputy clerk of Elbert superior court in an amount not to exceed $75.00 monthly; and for other purposes.

SB 86. By Senators Gross of the 31st and Grayson of the 1st:
A bill to be entitled an act amending an act organizing the State Department of Laws so as to provide for the appointment and removal of all assistant attorneys general by the attorney general; and for other purposes.

SB 110. By Senator Grayson of the 1st:

A bill to be entitled an act amending the charter of the City of Savannah

by repealing all acts relating to pensions of city employees except certain

exceptions; and for other purposes.

.

SB 118. By Senators Gross of the 31st, Causey of the 46th; and others:
A bill to be entitled an act to amend section 24-2823 of the 1933 Code of Georgia relating to fees the sheriffs are entitled to charge; and for other purposes.

The following report of the Committee on Rules was read:
Mr. Speaker:
Your Committee on Rules has had under consideration HR 64, and recommends that the same be adopted and that the order of business set forth herein be established beginning at the conclusion of the present calendar.
The following resolution was read and adopted:

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JOURNAL OF THE HOUSE.

HR 64. By Mr. Durden of Dougherty: BE IT RESOLVED by the House that the following bills be and the same
are hereby establihsed as a special and continuing order of business after the adoption of this resolution, to wit:
HR 24-114C. Sale of marsh lands, Glynn county. HB 73. Servicemen's resettlement corporation. HR 17. Providing a committee to investigate Alto. HB 130. General bills affecting Telfair county. HB 135. General bill affecting Cobb county. HB 136. General bill affecting DeKalb county. HB 117. Fixing venue of suits against county officials. HB 89. Secretary in lieu of bailiff in certain courts. HB 34. Kerosene tax. HB 81. Constituting amendment affecting Floyd county. HB 67. Payment of insurance taxes to Insurance Commissioner. HB 121. Tax penalties on soldiers and sailors. HB 165. General bill affecting Barrow county. HB 167. General bill affecting Polk county. HB 194. General bill affecting Pierce county. HB 195. General bill affecting Upson county. HB 202. General bill affecting Baldwin county. HB 205. General bill affecting Lanier county. HB 223. General bill affecting Warren county. HB 219. General bill affecting Houston county. HB 241. Income taxes for members of armed forces. HB 244. General bill affecting Pkkens county. HB 273. Salary of Judge of Brunswil:k circuit. HR 44-298A. Sid.ney Lanier.
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 291. By Mr. Dorsey of White:

THURSDAY, FEBRUARY 8, 1945

507

A bill to be entitled an act to fix the salary of the chairman and clerk of the Board of Commissioners of Roads and Revenues of White 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 328. By Mr. Ray of Warren: A bill entitled an act to fix the salary of the commiSsiOner of roads and revenues, and a clerk, for Warren 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 332. By Mr. Gaskins of Berrien:
A bill to be entitled an act to provide that the Tax Commissioner of Berrien county shall retain fees for issuing fi fas in addition to his 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 106, 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 334. By Mr. Fowler of Douglas:
A bill to be entitled an act to abolish the office of Treasurer of Douglas county and provide for a disbursing clerk and a county depository; and for other purposes.
The following substitute was read and adopted:
A BILL
To be entitled an act to abolish the office of county treasurer in and for the County of Douglas, Georgia; to prescribe additional duties and powers for the Board of Commissioners of Roads and Revenues of Douglas county with reference

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JOURNAL OF THE HOUSE.,

to the holding of county funds and the performance of duties heretofore imposed upon the treasurer of said county; to authorize the Board of Commissioners of Roads and Revenues to select and appoint a disbursing clerk, and to make provisions for the handling and disbursing of all county funds; to provide for a county depository; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
Section I.
That from and after the passage and approval of this act the office of county treasurer of Douglas county, Georgia, be and the same is hereby abolished.
Section 2.
That all duties heretofore exercised by the treasurer of said county shall be assumed by the Board of Commissioners of Roads and Revenues of said County of Douglas, Georgia.
Section 3.
That all county funds heretofore payable to the county treasurer shall be paid to the Board of Commissioners of Roads and Revenues of Douglas county, Georgia, and the said commissioners shall, if and when received, immediately deposit such funds in a bank to be selected by them as a county depository. Said commissiners are hereby authorized and required to appoint some chartered bank as depository of the county funds of said county, in which the county funds of said county shall be deposited, and from which county commissioners shall require a bond of security from said bank designated as a county depository in such and with such security as said Board of County Commissioners of Roads and Revenues of Douglas county, Georgia, may deem fit and proper.
Section 4.
That all county funds of Dou"glas county, Georgia, except such as may be specifically otherwise excepted by law shall be disbursed by the said board of commissioners of Douglas county, Georgia, and in their discretion they shall have power to employ a disbursing business in the State of Georgia in an amount fixed by said Board of County Commissioners of Roads and Revenues of Douglas county, Georgia, said board of commissioners may name said disbursing clerk as rece1vmg clerk to receipt for all such funds, in which event the aforesaid bond shall be effective for all funds coming into the hands of said clerk, said board of commissioners may name the clerk of the Board of Commissioners of Roads and Revenues as such disbursing and/ or receiving clerk. The Board of Commissioners of Roads and Revenues of Douglas county, Georgia, is hereby given authority to fix the salary of such receiving and disbursing clerk, but not to exceed $420.00 per annum; and to pay the premium on the aforesaid bond, the term of office of such disbursing and receiving clerk shall be at the will of said board of commissioners.

THURSDAY, FEBRUARY 8, 1945

509

Section 5.
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 107, the nays 0.
The bill having received the requisite constitutional majority, was passed by substitute.

HB 335. By Mesrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to increase school taxes in Richmond county from
12 to 15 mills; and for other purposes.
The report of the c~mmittee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 396. By Mr. Sparks of Towns:
A bill to be entitled an act to repeal an act approved March 2, 1933 (acts 1933, p. 236) which authorize County Boards of Registrars and the Ordinary to assist the Tax Collector in registering 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 109, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 400. By Mr. Ansley of Lee:
A hill to be entitled an act to provide for five members of the Board of Commisisoners of Roads and Revenues for Lee 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.

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HB 403. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act to provide members of the Board of Commisioners of Polk county shall be elected from their respective road districts, and not from the county as a whole; and for other purposes.
The report 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 404. By Mr. Sheffield of Miller:
A bill to be entitled an act to abolish the City Court of Miller county; and for other purposes.
The report of the committee, which was favorable t~ 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, \vas passed.

HB 411. By Messrs. Livingston and Lane of Polk:
A bill to he entitled an act to provide for a clerk of the Board of Commisisoners of Roads and Revenues of Polk county and fix 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 113, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 415. By Mr. Burch of Dodge:
A bill to be entitled an act to provide for the appointment of a probation officer for Dodge county; to fix his compensation and the method of paying 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.

SB 76. By Senator Edenfield of the 2nd:

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511

A bill to be entitled an act to abolish the City Court of Darien; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority, was passed.

SB 87. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act creating a pension system for employees of Fulton county; to assess 3 per cent of the salary of employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0. The bill having received the requ~ite constitutional majority, was passed. .
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 127. By Mr. Whatley of Telfair:
A bill to be entitled an act to provide that should a commtsswner of roads and revenues of Telfair county be inducted into the armed forces his office shall not be decreed vacant; to provide for the filling of the office; and for other purposes.
Senate committee substitute for HB 127:
A BILL
To be entitled an act to amend an act entitled an act to create the office of commissioner of roads and revenues in and for the County of Telfair, to define the powers and jurisdiction and to prescribe the duties of such commissioner, etc., approved August 27, 1931 (Acts 1931, pp. 566-574) as amended by an act approved
March 23, 1935 (Acts 1935, pp. 805-807) as amended by an act approved February 22, 1943 (Acts 1943, p. 1123) by striking from lines 10 and 11 of section 6 of said act the words and figures "twenty-five hundred ($2500)" and inserting in lieu thereof the words and figures "thirty-six hundred ($3600)" so that the salary of the Commissioner shall be $3600 per annum; to provide that if the Com- missioner should enlist or be inducted into the military, naval or armed services of the United States during the period for which he was elected Commissioner, that the office shall not be vacated and that the Judge of the Superior Court of Telfair county shall designate some proper person to perform the duties of the Commissioner and to attend to the affairs of the County of Telfair, during the period of time

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within the period for which the Commissioner was elected that the Commissioner so inducted or enlisting is required to remain in the military, naval or other armed services of the United States to provide for the salary of the designated acting Commissioner; to provide for the ending of services of such designated acting Commissioner and for the return to duties by elected Commissioner; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That the act approved August 27, 1931, entitled an act to create the office of Commissioner of Roads and Revenues in and for the County of Telfair; to define the powers and jurisdiction and prescribe the duties of such Commissioner, etc., approved August 27, 1931 (Acts 1931, pp. 566-574) as amended by an act approved March 23, 1935, (Acts 1935, pp. 805-807) as amended by an act approved February 22, 1943 (Acts 1943, p. 1123) be and the same is hereby amended by striking from lines lO and 11 of section 6 of said act the words and figures "twentyfive hundred ($2500)" and inserting in lieu thereof the words and figures "thirtysix hundred dollars ($3600)" so that the salary of the Commissioner of Roads and Revenues of Telfair county shall be $3600 per annum and said section 6 of said act when so amended shall read as follows:
"Section 6. Said commissioner shall be required to give and devote his entire time, of so much thereof as may be necessary, to the business and interest of said County of Telfair in the performance and discharge of his duties, and shall receive as compensation for his time and to cover all expenses incurred by him, for traveling in or out of said county owning and/ or operating an automobile in the discharge of his duties, the cost of fuel and upkeep thereof, and any and all other pay, reimbursement, for expenses, emoluments, or perquisites whatsoever, the sum of thirty-six hundred ($3600) dollars per annum, the same to be paid monthly or otherwise as such Commissioner may elect."
"Section 2. That the act approved August 27, 1931, entitled an act to create the office of Commissioner of Roads and Revenues in and for the County of Telfair; to define the powers and jurisdiction and to prescribe the duties of such Commissioner, etc., approved August 27, 1931, (Acts 1931, pp.566-574) as amended by an act approved March 23, 1935 (Acts 1935, pp. 805-807) as amended by an act approved February 22, 1943 (Acts 1943, p. 1123) be and the same is hereby amended by adding a new section to be appropriately ,numbered and to read as follows:
"Should the Commissioner elected to fill the office created by this act enlist or be inducted into the military, naval or armed services of the United States Government, during the period of time for which he was so elected, his office shall not be decreed vacant. Should such an event occur, it shall be the duty of the judge of the Superior Court of Telfair county to designate a proper and qualified person, who is to qualify by giving his bond in the amount to be fixed by the judge appointing him, to perform the duties of the Commissioner as prescribed by this act as amended. Said person, so designated, shall perform the duties of the Commissioner and attend to the county affairs for such period of time within the period for which such Commissioner was elected during which the regular elected

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Commissioner may be absent from the county or prevented from performing his duties because of his enlistment or induction into the military, naval or other armed services of the United States. Such designated acting Commissioner shall receive the sum of $3600 per annum, payable monthly, and the regularly elected Commissioner while so absent shall not receive any salary as Commissioner. Upon the discharge of the regular Commissioner from said military, naval or other armed services and his return, said designated acting Commisisoner shall cease to act as Commissioner and the duties of said office shall be assumed by said regularly elected Commissioner for the remainder of the term to which he was elected."
Section 3. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed.
Mr. Whaley of Telfair moved that the House adopt the Senate substitute for HB 127.
On the motion to adopt the Senate substitute for HB 127, the ayes were 113, the nays 0.
The motion prevailed and the Senate substitute for HB 127 was adopted.

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

SB 91. By Senator Millican of the 52nd:
A bill to be entitled an act to amend title 92, section 1, part 9, chapter 9231 by repealing paragraph c of section 92-3113 of the Code and substituting a new section to provide the method of figuring income tax for corporations and to provide the tangible property ratio, the salary and wages ratio, and the sales ratio are separately determined, the three percentages averaged, and the net income of the corporation allocated and apportioned to Georgia according to said average; and for other purposes.
Referred to the Committee on Ways and Means.

SB 107. By Senator Wellborn of the 40th:
A bill to be entitled an act to provide a method and means of showing that a person has been restored to sanity, where such person has been formerly committed to the State hospital for the insane by a court of ordinary; to provide a manner of recording such facts; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

SB 109. By Senators Holsenbeck of the 27th and Gillis of the 16th:
A bill to be entitled an act to amend an act approved March 26, 1937, relating to the establishment of soil conservation districts, etc. (Ga. Laws 1937, pp. 377-404) by amending the first paragraph of section 4 of said act

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so as to add two outstanding conservation farmers as members of the board of directors; and for other purposes.
Referred to Committee on General Agriculture No. 1.

SB 113. By Senator Edenfield of the 2nd:
A bill to be entitled an act to amend an act entitled "an act to provide a new charter for the City of Darien, etc." (Ga. Laws 1909, p. 727), by conferring upon the City of Darien the right to close certain streets; and for other purposes.
Referred to Committee on Municipal Government.

SB 119. By Senator Wall of the 9th:
A bill to be entitled an act to provide for the method of changing county lines within limits of incorporated towns and cities; having a population of not less than I ,200 nor more than I ,400; and for other purposes.
Referred to the Committee on Municipal Government.

SB 120. By Senator Greene of the 21st:
A bill to be entitled an act to amend the charter of the City of Gray to enlarge the administrative powers of council; and for other purposes.
Referred to the Committee on Municipal Government.

SB 125. By Senators Causey of the 46th, Harrell of the 7th, and Branch of the 47th.
A bill to be entitled an act to authorize and empower the state board of education to receive federal and other funds designated for the construction and improvement of school houses, and to allot such funds to the boards of education of county and independent school systems under appropriate rules and regulations; and for other purposes.
Referred to the Committee on Education No. 1.

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

HB 131. By Mr. Whaley of Telfair: A bill to be entitled an act to fix the fee of the sheriff of Telfair county for feeding prisoners; and for other purposes.
The following Senate amendment was read: Senate committee amendment for HB 131.

THURSDAY, FEBRUARY 8, 1945

SlS

Senator Walker of the 45th district moves to amend HB 131 by striking from line 8 of section 1 the words and figures "one dollar ($1.00)" and by inserting in lieu thereof the words and figures "one dollar and twenty-five cents ($1.25)" and
by striking from line 4 of section 2 the words "one dollar ($1.00)" and inserting in lieu thereof the words and figures "one dollar and twentyfive cents ($1.25)."
Mr. Whaley of Telfair moved that the House agree to the Senate amendment to HB 131.
On the motion to agree to the Senate amendment to HB 131, the ayes were 108, the nays 0.
The motion prevailed and the Senate amendment to HB 131 was agreed to.

The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 39. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph, Hardy of Hall, Connell of Lowndes, Hand of Mitchell, Durden of Dougherty and Ray of Warren:
A bill to be entitled an act to provide a fund to assist in the education of orphans of members of the armed forces killed in action in World War II, and for other purposes.
The following Senate substitute was read:
By Senator Stone of the 15th:
A BILL
To be entitled an act to amend an act approved August 7, 1931, amending an act approved April 10, 1926, which provided for the expenditure of certain sums to assist in the education of children of soldiers, sailors and marines killed in action in World War I, by providing identical aid to children of members of the armed forces of the United States killed in World War II, or who have died subsequent to discharge from disabilities suffered as a result of service; 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. This act shall be cited: "The Major General Peter C. Harris Act," to recognize the magnanimity of the great Georgian and war-time Adjutant General of the Army (1917-1918) who devoted his well earned leisure in retirement to the orphans of men who fell in the battles of their country.
Section 2. Said amendatory act is amended by striking section 2 in its entirety and adding in lieu thereof a new section, to be designated section 2, and to read as follows:

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"Section 2. From and after the passage of this act the State Department of Veterans Service is hereby authorized to expend from any funds which may hereafter be appropriated, or donated, such sums as might, in its discretion, be necessary to pay matriculation fees, tuition, subsistence, books, supplies for the use and benefit of children not under sixteen nor over twenty-one years of age, and who have, for a period of time not less than twelve months in duration immediately preceding the application for benefits hereunder, had their domicile iri the State of Georgia, of members of the armed forces of the United States of America who were killed in action or died fro~ other causes during a war period as defined in Public Law No. 2 -73rd Congress and by Public Law No. 246-78th Congress, or who died as a result of such service, which child or children are attending, or may attend any educational or training institution of a secondary or college grade located in this State. Such child or children shall be admitted to state institutions of secondary or college grade free of tuition."
Section 3. Section 3 of said amendatory act is amended by striking therefrom the words "Director of the Veterans Service Office" and the words "Director" whereever the same occur and inserting in lieu thereof the words "State Department of Veterans Service," so that said section, when amended, will read as follows:
"Section 3. Such amounts as might become due to any educational or training institution under this authority shall be payable to such institution from the funds referred to in section 2 of this act on vouch~rs approved by the State Department of Veterans Service. Said department shall determine the eligibility of applicants for benefits under this act, and shall satisfy itself of the attendance, good record and deportment of selectees, and of the accuracy of any representation against such made by the authorities of any such institution."
Section 4. Section 4 of said amendatory act is amended by striking the character and figures, to wit: "$150.00" appearing in the first line of said section and inserting in lieu thereof the character and figures "$300.00," so that when amended, said section will read as follows:
"Section 4. It is provided that not more than $300.00 shall be paid under this law for any one child for any one year."
Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be, and the same are hereby repealed.

Mr. Price of Clark, moved that the House disagree to the Senate substitute to HB 39.
The motion prevailed and the Senate substitute for HB 39 was 4isagreed to.
The following members of the House were appointed as a committee on conferecnce: Messrs. Price of Clark, Connell of Lowndes and Cheshire of Colquitt.

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

THURSDAY, FEBRUARY 8, 1945
HB 72. By Mr. Price of Clark. A bill to be entitled an act to create a War Veterans' Memorial Building Commission to provide powers and duties of such Commission; and for other purposes.
The following Senate amendment was read to HB 72:
Senator Sabados of the lOth moves to amend HB 72 by striking from section 1, the following words in lines lO and 11, of said section 1, "Who shall serve as chairman at the pleasure of the Governor."
Mr. Price of Clark moved that the House agree to the Senate amendment to HB 72.
On the motion to agree to the Senate amendment to HB 72, the ayes were 111, the nays 0.
The motion prevailed and the Senate amendment to HB 72 was agreed to.
The following Senate amendment was read to HB 72:
Senator Gould of the 4th district moves to amend HB 72, section 1-Insert before the word "service" in line 4, section 1, the word "military" so that this section will read "some branch of the military service."
Mr. Price of Clark moved that the House agree to the Senate amendment to HB 72.
On the motion to agree to the Sen4te amendment to H B 72, the ayes were 111, the nays 0.
The motion prevailed and the Senate amendment to HB 72 was agreed to.
The following bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference:
SB 13. By Mr. Freeman of the 22nd; and others: A bill to be entitled an act to authorize the superior courts of this State to render declaratory judgments; to declare the effect thereof; and for other purposes.
The following Conference committee report was read:
Mr. President and Mr. Speaker:
Your committee of conference on SB l3 has met and after consideration begs to submit the following report:

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Your Committee on Conference recommends that both the Senate and the House recede from their positions and adope the substitute attached hereto.

Respectifully submitted,

Harrell of the 7th, Wm. B. Freeman of the 22nd George Sabados of the lOth,

On the Part of the Senate.
M. G. Hicks of Floyd Frank S. Twitty, of Mitchell Chas. L. Gowen, of Glynn

Substitute Bill {Conference Committee)

On the Part of the House.

A BILL
To be entittled an act to authorize the superior courts of this State to render declaratory judgments; to provide for the procedure for obtaining declaratory judgments; to declare the effect thereof; for other relief in connection therewith; 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 I.
(a) In cases of actual controversy the respective Superior Courts of the State of Georgia shall have power upon petition, or other appropriate pleading, to declare rights, and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed, and such declaration shall have the force and effect of a final judgment or decree and be reviewable as such.
(b) In addition to the cases specified in paragraph (a) of this section, the respective Superior Courts of the State of Georgia shall have power upon petition, or other appropriate pleading, to declare rights and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed, in any civil case in which it appears to the Court that the ends of justice require that such declaration should be made, and suchdeclaration shall have the force and effect of a final judgment or decree and be reviewable as such.
Section 2.
Further relief based on or included in a 'declaratory judgment or decree may be granted in the same suit. The court, in order to maintain the status pending

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519

the adjudication of the questions or to preserve equitable rights, may grant injunction and other interlocutory extraordinary relief, in substantially the manner and under the same rules as apply in equity cases.
Section 3.
When a declaration of right or the granting of further relief based thereon shall involve the determination of issues of fact triable by a jury, unless jury trial be waived, such issues shall be submitted to a jury of twelve in the form of interrogatories, with proper instructions by the court, whether a general verdict be required or not. Such instructions by the court shall in all respects be governed by the laws of Georgia relating to instructions or charges by a court to a jury.
Section 4.
A proceeding instituted under this act shall be filed and served as other cases in the Superior Courts of this State and may be tried at any time designated by the court not earlier than twenty days after the service thereof, unless the parties consent in writing to an earlier trial. Trials may be had in term or in vacation. If there be an iss.ue of fact which requires a submission to a jury, such jury may be drawn, summoned and sworn either in term or vacation.
Section 5.
In any proceeding under this act the court may make such award or division of costs as may seem equitable and just.
Section 6.
No deciliration shall prejudice the rights of persons not parties to the proceeding. In any proceeding involving the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard as a party. If a statute of the State, or any order, regulation of any administrative body of the State, or any franchise granted by the State is alleged to be unconstitutional, the attorney general of the State shall be served with a copy of the proceedings and shall be entitled to be heard.
Section 7.
Without limiting the generality of any of the foregoing provisions, any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, ward, next of kin, cestui que trust, in the administration of a trust or of the estate of a decedent, an infant, lunatic, or insolvent, may have a declaration of rights or legal relations in respect thereto and a declaratory judgment:
(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others, or
(b) To direct the executor, administrator, or trustee to do or abstain from doing any particular act in their fiduciary capacity, or

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(c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Section 8.
The enumeration in section 7 does not limit or restrict the exercise of general powers conferred in section 1, in any proceeding covered thereby where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove the uncertainty.
Section 9.
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Section 10.
Nothing in this act is intended to impair the equity jurisdiction of the Superior Courts of the State as such jurisdiction now exists.
Section 11.
If any provision of this act, or the application of such prov1s1on, to any person or circumstances shall be held invalid, the validity of the remainder of the act and the applicability of such provision to other persons or circumstances shall not be affected thereby.
Section 12.
All laws and parts of laws in conflict herewith are hereby repealed.
Section 13.
The purpose of this act is to settle and afford relief from uncertainty and insecurity with the respect to rights, status and other legal relations, and is to be liberally construed and administered.
On the motion to adopt the report of the Committee of Conference on SB 13, the ayes were 119, the nays 0.
The motion prevailed and the report of the Committee of Conference on SB 13, was adopted.

The following resolution of the House was read and adopted:

HR 31-226A. By Messrs. Gowen of Glynn, Hand of Mitchell, Hooks of Emanuel, Connell of Lowndes, Hubert of DeKalb and McCurdy of DeKalb:
A resolution that the committee composed of the same members be reappointed by the speaker of the House and the president of the Senate respectively to work with and assist officials of the state milk control board

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521

and the Georgia dairy industry in getting the aforementioned subsidy payments renewed at their proposed expiration date.

The following resolution of the Senate was read:

SR 17. By Senators Norton of the 33rd and Wellborn of the 40th:
A resolution to provide for a committee of three from the Senate and five from the House, to be appointed by the presiding officers to investigate and make recommendations on the conditions of the State tuberculosis sanatorium at Alto; and for other purposes.
Mr. Arnold of Spalding moved the previous question, the motion prevailed and the main question was ordered.
The following amendment to SR 17 was read and adopted:
Mr. Greer of Lanier moves to amend SR 17 by striking the words "February 9th" in the next to the last line of the resolution and inserting in lieu thereof the words "February 22."
By unanimous consent SR 17 was adopted as amended.
Under the provisions of SR 17 the speaker appointed the following members of the House: Messrs. Sumner of Worth, Garrison of Habersham, Greer of Lanier, Boynton of Union and Smith of Bryan.
Under the continuing order of business the following bill and resolution was taken up for consideration, read the third time and placed upon their passage:

HR 24-114C. By Messrs. Gilbert and Gowen of Glynn:
A resolution to confirm the sale by the State properties commission to Sea Island Company of a tract of marsh land in Glynn county; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 110, the nays 0.
The resolution having received the requisite constitutional majority, was adopted.

HB 73. By Mr. Price of Clark:
A bill to be entitled an act to create the servicemens' resettlement corporation to authorize the issuance of revenue bonds of the corporation making such bonds legal investments and exempt from taxation; and for other purposes.

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JOURNAL OF THE HOUSE,

By unanimous consent, HB 73 was postponed until February 13, 1945.

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

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

MONDAY, FEBRUARY 12, 1945

523

Representative Hall, Atlanta, Georgia. Monday, February 12, 1945.

The House met pursuant to adjornment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with scripture reading and prayer by Rev. Fred Smith, pastor of the First Baptist Church, Bremen, Georgia.

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

Mr. Miller of Decatur, 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 consent:
( 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) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.

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

HB 460. By Messrs. Gowen and Gilbert of Glynn, Durden of Dougherty, McNall,
Alexander and Connerat of Chatham, Hand of Mitchell, Smith of Emanuel, Holleman of Muscogee, Ray of Warren, Evitt of Catoosa, Cheshire of Colquitt, Harrison of Jenkins and Dykes of Bleckley: A bill to be entitled an act creating the State ports authority, to ;~romote develop, construct, equip, maintain and operate state docks and t'!rminal facilities; and for other purposes.
Referred to the Committee on State of Republic.

HB 461. By Messrs. Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to fix the salary of the mayor; and for other purposes.
Referred to the Committee on Municipal Government.

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JOURNAL OF THE HOUSE,

H 462. By Messrs. Greer of Lanier, Hicks and Baker of Floyd, Campbell of Newton, Harrison of Jenkins, Broome of DeKalb and Etheridge of Fulton: A bill to be entitled an act to fix the salary of the state treasurer at $9,000.00 per year; and for other purposes.
Referred to the Committee on State of Republic.

HB 463. By Mr. Almand of Walton:
A bill to be entitled an act to amend the charter of the City of Monroe to authorize the city to establish and maintain a municipal freezer locker plant; and for other purposes.
Referred to the Committee on Municipal Government.

HB 464. By Messrs. Thompson of Merriwether, Seagler of Crawford, Littlejohn of Floyd, Crawley of McDuffie, King of Richmond, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to authorize the State highway department to designate limited access facilities and for the planning, designation, establishment, use, regulation, alteration and improvement of limited access facilities; and for other purposes.
Referred to the Committee on Public Highways No. 1.

HB 465. By Messrs. Thompson of Merriwether, Seagler of Crawford, King of Richmond, Littlejohn of Floyd, Crowley of McDuffie, Rossee of Putnam and Pittman of Bortow:
A bill to be entitled an act to establish an optional method to condemn rights of way by the State highway department and/ or counties of the State; and for other purposes.
Referred to the Committee on Public Highways No. 1.

HB 466. By Messrs. Brock and Alexander of Carroll:
A bill to be entitled an act to amend the charter of the City of Carrollton to provide the method of taxing property not returned; to provide closing date for registration of voters; to provide for the election of a mayor and city councilmen; and for other purposes.
Referred to the Committee on Municipal Government.

HB '-67. By Messrs. Brock and Alexander of Carroll:
A bill to be entitled an act to authorize the commissioners of Carroll county to furnish gas, oil and repairs for the car used by the sheriff of

MONDAY, FEBRUARY 12, 1945

525

Carroll county and charge the same to court expense; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 468. By Messrs. Pittman of Bartow, Matthews of Peach, Littlejohn of Floyd, Seagler of Crawford, King of Richmond, Hubert of DeKalb, and Rossee of Putnam:
A bill to be entitled an act to amend the act creating the offices of State highway directors and treasurer of the State highway department by providing for the adding of state-aid roads to the State highway system and providing expenses for commissioners while inspecting roads in their districts; and for other purposes.
Referred to the Committee on Public Highways No. 1.

HB 469. By Mr. Willoughby of Clinch:
A bill to be entitled an act to fix compensation for members of the board of commissioners of roads and revenues for Clinch county. Referred to the Committee on Counties and County Matters.

HB 470. By Mr. Willoughby of Clinch:
A bill to be entitled an act to provide for filling vacancies m the office of solicitor of Clinch county court; and for other purposes. Referred to the Committee on Special Judiciary.

HB 471. By Messrs. Thompson of Merriwether, Matthews of Peach, Littlejohn of Floyd, Crowley of McDuffie, King of Richmond, Hubert of DeKalb, Rossee of Putnam and Pittman of Bartow:
A bill to be entitled an act to repeal code section 95-1715 as amended and substitute a new section relating to condemnation of property for public roads by permitting condemnation for borrow pits; and for other purposes.
Referred to the Committee on Public Highways No. 1.

HB 472. By Messrs. Thompson of Merriwether, Littlejohn of Floyd, King of Richmond, Crowley of McDuffie, Matthews of Peach, Hubert of DeKalb, Rossee of Putnam, and Pittman of Bartow.
A bill to be entitled an act to amend the act approved March 27, 1941 (Ga. Laws 1941, pp. 237-238) to provide the director of the state highway department shall have the right to acquire, build, equip, maintain 2.nd operate airports; to provide he may contract with counties and municipalities for the maintenance of airports; and for other purposes.
Referred to the Committee on Puhlic Highway No. 1.

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JOURNAL OF THE HOUSE,

HB 473. By Messrs. Thompson of Merriwether, Matthews of Peach, Littlejohn of Floyd, Crowlie of McDuffie, King of Richmond, Hubert of DeKalb, Rossee of Putnam and Pittman of Bartow:
A bill to be entitled an act to provide that any stop signs erected at intersections of roads by the State highway department shall be legal signs; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 474. By Messrs. Thompson of Merriwether, Matthews of Peach, Littlejohn of Floyd, Crowley of McDuffie, King of Richmond, Hubert of DeKalb, Rossee of Putnam and Pittman of Bartow:
A bill to be entitled an act to repeal code sections 36-504, 36-506, and 36-507 and enacting three new sections relating to "assessment of value and damages" and "consequential damages" and "finding of assesso~.s, how and where entered;" and for other purposes.
Referred to the Committee on Public Highways No. 1.

HB 475. By Mr. Giddens of Calhoun:
A bill to be entitled an act to fix the salary and expenses of the commissioners of roads and revenues of Calhoun county; and for other purposes.
Referred to the Committee on Counties and County Matters.

H B 476. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to provide title to a certain tract of land shall be in the City of Macon and to authorize its sale; and for other purposes.
Referred to the Committee on Municipal Government.

HB 477. By Messrs. DeFoor of Mcintosh and Harrison of Jenkins:
A bill to be entitled an act to require the payment of property tax for the prior year before a license may be issued for any motor vehicle; and for other purposes.
Referred. to the Committee on Motor Vehicles.

HB 478. By Messrs. Arnall and Hurst of Coweta:
A bill to be entitled an act to amend the workmen's compensation act to provide salaries of the members of the board shall be fixed by the governor; and for other purposes.
Referred to the Committee on State of the Republic.

MONDAY, FEBRUARY 12, 1945

527

HB 479. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide that a plea of nolo contendere may be entered in all crininal cases in this State and to provide for the effect of such a plea; and for other purposes.
Referred to the Committee on General J udicia:ry No. 2.

HB 480. By Mr. Burch of Dodge:
A bill to be entitled an act to fix the salary of the tax commiSSIOner of Dodge county at $4800.00 per annum for the duration of the war; and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 70-479A. By Dr. Moye, of Brooks.
A resolution to provide for the payment by the State of $100.00 a month to C. E. Clanton, former sheiff of Brooks county, who was totally blinded by a prisoner throwing a chemical in his eyes; and for other purposes.
Referred to the Committee on Special Appropriations.

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

HR 69. By Mr. Durden of Dougherty: A resolution establishing a special and continuing order of business during the day.
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 419. Do Pass. HB 420. Do Pass. HB 235. Do Pass. HB 353. Do Pass. HB 315. Do Not Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Bloodworth of Bibb 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 113. Do Pass.

Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Wells of Ben Hill 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 and bills of the House to wit:
HB 291. HB 328. HB 332. HB 334. HB 335. HB 396. HB 403. HB 404. HB 411. HB 414. HB 415. HB 400. HB 261. HB 287. HB 296. HB 301.

MONDAY, FEBRUARY 12, 1945

529

HB 304. HB 309. HB 317. HB 323. HB 326. HB 329. HB 338. HB 345. HB 349. HB 358. HB 384. HR 24. HR 31.

Respectfully submitted,

Wells of Ben Hill, Chairman.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:

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

SB 33. By Senator Caldwell of the 37th:
A bill to be entitled an act to provide for compulsory school attendance of all children in Georgia between their 7th and 16th birthdays, to authorize employment of visiting teachers and qualifications of such visiting teachers; and for other purposes.

SB 74. By Senators Gross of the 31st, Nix of the 32nd ,and others:
A bill to be entitled an act to amend Title 42 of the Code of Georgia, entitled Food and Drugs, as amended by adding to Code Section 42-114 between the word "Food" and the word "Drug"; and for other purposes.

SB 98. By Senators Causey of the 46th and Grayson of the 1st: A bill to be entitled an act to amend Code Section 26-6905 of the code of

530

JOURNAL OF THE HOUSE,

1933, by authorizing the operation of moving pictures within certain hours of the Sabbath day; and for other purposes.

SB 100. By Senator Bennett of the 17th:
A bill to be entitled an act to amend the charter of the City of Sylvania by providing that the mayor and council shall have authority to set up a pension fund or to pay a pension to city employees; and for other purposes.

SB 146. By Senators Welsch of the 39th and Gross of the 31st:
A bill to be entitled an act to enable and maintain courses and classes for the deaf; and for other purposes.
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills
and resolution of the House to wit:

HR 23. By Mr. Key of Jasper:
A resolution directing the officials of the state government and heads of departments to pay workmen's compensation claims of state employees from funds appropriated to the various departments; and for other purposes.

HB 248. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act amending the charter of the town of Savannah Beach, Georgia; and for other purposes.

HB 253. By Mr. Adamson of Clayton:
A bill to be entitled an act changing the City of Marrow to the City of Morrow; and for other purposes.

HB 274. By Mr. Arnold of Spalding:
A bill to be entitled an act amending the charter of the City of Griffin; and for other purposes.

HB 196. By Messrs. Cheshire and Riddlespurger of Colquitt:
A bill to be entitled an act amending the charter of the City of Moultrie, prescribing the rights, powers, government, and jurisdiction of said city; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

MONDAY, FEBRUARY 12, 1945

531

SB 63. By Senator Welsch of the 39th:
A bill to be entitled an act providing that no bureau, comm1sswn or department, or agency of this state shall have the power or authority to limit or restrict the right of any person to hunt, capture or kill rabbits; and for other purposes.

SB 101. By Senator Mavity of the 44th:
A bill to be entitled an act to prohibit the use of steel traps for the purpose of catching of wild animals inside the boundaries of Walker county; and for other purposes.

SB 139. By Senators Harrell of the 7th and Branch of the 47th:
A bill to be entitled an act authorizing and empowering the state board of education to receive federal and other available funds; and for other purposes.

SB 144. By Senators Harrell of the 7th and Causey of the 46th:
A bill to be entitled an act describing, defining and officially adopting a system of coordinates for designating and stating the positions of points on the surface of the earth within the State of Georgia; and for other purposes.

SB 163. By Senator Yawn of the 48th:
A bill to be entitled an act amending an act creating a new charter for the City of Eastman so as to provide that no franchise relating to any public utility shall be granted; 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 293. By Mr. Overby of Stewart:
A bill to be entitled an act abolishing the office of the county treasurer of Stewart county and providing for the appointment of a depository of county funds; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:

SB 114. By Senator Norton of the 33rd: A bill to be entitled an act to amend the charter of the City of Gainesville

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JOURNAL OF THE HOUSE,

by providing for incorporation into said city the various suburbs contiguous to corporate limits of said city; and for other purposes.

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

HB 148. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to be entitled an act to amend the charter of the City of Rome by extending the city limits; and for other purposes.

HB 218. By Mr. Gibson of Seminole:
A bill to be entitled an act to provide additional regulations for the reregistration of voters in Seminole county; and for other purposes.

HB 243. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act to amend an act incorporating the Town of Lake Park, in Lowndes county, and authorizing the governing authorities to close or dispose qf certain property designated for street purposes; and for other purposes.

HB 268. By Mr. Seagraves of Madison:
A bill to be entitled an act to abolish the city court of Danielsville; and for other purposes.

HB 285. By Mr. Willis of Irwin:
A bill to be entitled an act to fix the salaries of commissioners of roads and revenues and the clerk of the board in Irwin county; and for other purposes.

HB 292. By Mr. Dorsey of White:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver of White county; to create the office of tax commissioner, to provide for the election of tax commissioner and his term of office; and for other purposes.

HB 294. By Mr. Overby of Stewart:
A bill to be entitled an act to amend an act approved March 24, 1933, abolishing the offices of tax collector and tax receiver of Stewart county and creating the office of tax commissioner; and for other purposes.

HB 310. By Messrs. Hooks and Smith of Emanuel:

MONDAY, FEBRUARY 12, 1945

533

A bill to be entitled an act to amend an act to create a board of commissioners of roads and revenues in Emanuel county by providing for the salary of the clerk thereof; and for other purposes.

HB 311. By Messrs. Hooks and Smith of Emanuel:
A bill to be entitled an act to amend an act creating a board of commissioners of roads and revenues in and for Emanuel county, to prescribe the duties and powers thereof; and for other purposes.

HB 318. By Mr. Greer of Lanier:
A bill to be entitled an act to create a board of commissioners of roads and revenues for the County of Lanier, by repealing and striking from said act approved March 27, 1937, all of section 1, and to create a board of commissioners; and for other purposes.

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

HB 235. By Messrs. Miller and Battles of Decatur, Twitty of Mitchell, and Williams and Hinson of Ware:
A bill to be entitled an act to amend Code Section 22-1504 requiring any foreign corporation claiming to own 5,000 acres of land to incorporate in Georgia so as to provide that the section shall not apply to corporations owning mineral rights, minerals, oils, gas or other on, in or under lands in this state; and for other purposes.

HB 353. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and Phillips of Columbia:
A bill to be entitled an act to amend paragraph 5 of section 40-208 of the
Code of Georgia of 1933, relating to the records to be kept in the Governor's office, by repealing said paragraph; and amending chapter 40-6 of said code by adding a new section to said chapter, providing that the secretary of state shall keep a book of commissions showing the dates when issued, for all officers, civil and military; and for other purposes.

HB 419. By Mrs. Mankin of Fulton, Messrs. Gowen of Glynn, and Bloodworth and Weaver of Bibb:
A bill to be entitled an act to repeal in its entirety all of chapter 84-3 of title 84 of the code of 1933 as amended relating to architects, defining the practice of architects, etc., and to rewrite the said chapter; and for other purposes.

HB 420. By Messrs. McCracken of Jefferson and Arnall of Coweta:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to create the Georgia Citizens Council, to coordinate volunteer civilian war and post-war programs and to promote the development of human resources in the state; to provide for its membership, their appointment, terms of office and compensation; to authorize the budget commission to pay the expense of operation of such council; and for other purposes.

SB 113. By Senator Edenfield of the 2nd:
A bill to be entitled an act to amend an act entitled "An Act to provide a new charter for the City of Darien, etc." (Georgia Laws 1909, page 727), by conferring upon the City of Darien the right to close certain streets; 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 295. By Mr. Parham of Heard: A bill to be entitled an act to create the office of commissioner of roads and revenues of Heard county effective January 1, 1949; and for other purposes.
The report 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 399. By Messrs. Lam, Trotter and Dallis of Troup:
A bill to be entitled a.n act to amend the charter of the City of Hogansville to provide a commission form of government with a city manager; and for other purposes.
The report 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 421. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to establish trust funds for the construction, repair of public works or facilities to fix the salary of the board of tax appeals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 12, 1945

535

On the passage of the bill, the ayes were 106, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 423. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to authorize Bibb county authorities to levy a license or occupation tax on all businesses outside of incorporated towns in Bibb 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 Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the act creating a board of tax assessors for the City of Macon to provide for the assessment or re-assessment of property for taxation; and for other purposes.
The report 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 448. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to provide the city fire department may enter into agreements and receive compensation for fighting fires within the County of Muscogee outside the city limits 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 445. By Messrs. Price and Hill of Clarke: A bill to be entitled an act to amend the charter of the City of Athens to create a retirement fund for city employees; and for other purposes.
By unanimous consent, HB 445 was tabled.

HB 130. By Mr. Whaley of Telfair:

536

JOURNAL OF THE HOUSE,

A bill to be entitled an act to provide a salary for the sheriff of Telfair county 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 135. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act to require the tax receiver of Cobb county to list taxpayers in alphabetical order regardless of militia 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 107, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 136. By Messrs. Hubert, Broome and McCurdy of DeKalb: A bill to be entitled an act to provide for a salary for the coroner 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.

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

SB 33. By Senator Caldwell of the 37th:
A bill to be entitled an act to provide for compulsory school attendance of all children in Georgia between their 7th and 16th birthdays; to authorize employment of visiting teachers and qualifications of such visiting teachers; to permit employment of part-time visiting teachers; to permit employment of attendance officers in lieu of visiting teachers; to provide the penalties for violation of this act; to repeal all laws or parts of laws in conflict.
Referred to Committee on Education No. 1.

SB 74. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the

MONDAY, FEBRUARY 12, 1945

537

25th, Holsenbeck of the 27th, Cook of the 42nd, and Chastain of the 41st: A bill to be entitled an act to amend title 42 of the code of Georgia, entitled Food and Drugs, as amended by adding to Code Section 42-114 between the word "Food" and the word "Drug," as appearing in the first line thereof, the word "Feed"; by amending Code Section 42-207 as amended by an act approved March 8, 1937 (Georgia Laws 1937).
Referred to Committee on General Agriculture No. l.

SB 86. By Senators Gross of the 31st and Grayson of the 1st:
A bill to be entitled an act to amend an act approved February 18, 1943 (Georgia Laws 1943, pp. 284'-288), entitled "An act to reorganize the state department of law, etc." so as to provide for the appointment or removal of all assistant attorneys general by the attorney general instead of by the Governor; and for other purposes.
Referred to the Committee on State of Republic.

SB 93. By Senator Hawes of the 30th:
A bill to be entitled an act to provide for payment of salary of deputy clerk of Elbert superior court in an amount not to exceed $75 monthly; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 98. By Senators Causey of the 46th and Grayson of the 1st:
A bill to be entitled an act to amend Code Section 26-6905 of the Georgia code of 1933, by authorizing the operation of moving pictures within certain hours of the Sabbath day; to provide for an election to be held within said municipal corporations or counties on filing of a petirion of ten per cent of the registered voters objecting to the showing of moving pictures on the Sabbath day; and for other purposes.
Referred to the Committee on State of Republic.

SB 100. By Senator Bennett of the 17th:
A bill to be entitled an act to amend the charter of the City of Sylvania by providing that the mayor and council shall have authority to set up a pension fund or to pay a pension to city employees; and for other purposes.
Referred to the Committee on Municipal Government.

SB 110. By Senator Grayson of the 1st:
A bill to be entitled an act to amend the charter of the City of Savannah by repealing all acts relating to pensions of city employees except the act

538

JOURNAL OF THE HOUSE,

approved February 11, 1941, with certain exceptions; and for other purposes. Referred to the Committee on Municipal Government.

SB 112. By Senator Mavity of the 44th:
A bill to be entitled an act authorizing the Governor to fix the compensation of the director of the state board of social security; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State of Republic.

SB 118. By Senator Gross of the 31st, Cat~sey of the 46th, and Minchew of the 5th:
A bill to be entitled an act to amend section 24-2823 of the 1933 code of Georgia relating to fees the sheriffs are entitled to charge and collect for official duties performed by them; and for other purposes.
Referred to the Committee on State of Republic.

SB 146. By Senators Welsch of the .39th and Gross of the 31st:
A bill to be entitled an act to enable local units of administration to establish and maintain classes or schools for the deaf; and for other purposes.
Referred to the Committee on Education No. 1.

The following report was read from the committee on rules:
Mr. Speaker:
Your Committee on Rules has had under consideration a resolution to fix an order of business reporting the same back with a recommendation that the same do pass and that the order be established.
Hand of Mitchell, Secretary.

The following resolution was read and adopted:

HR 69. By Mr. Durden of Dougherty: BE IT RESOLVED by the House that the following bills be set as a separate
and continuing order to begin immediately after the adoption of this resolution to wit: SB 9-Court proceedings. SB 10-Hold bar examinations. SB 12-Judicial counsel. SB 16-Providing for services of process.

MONDAY, FEBRUARY 12, 1945

539

SB 22-Provide for admissibility of evidence. SB 36-Sheriffs' fees. HB 22-Court of Appeals. HB 91-Compulsory school attendance. HB 133-Live stock experiment station. HB 134---Authorize social security board to purchase land. HB 144---Examination of banks. HB 147-Garnishment law. HB 161-Time of filing claims for exemption. HB 162-Homestead exemption. HB 169-Enrichment flour bill. HB 282-Highway bill.

Under the special and continuing 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:

HB 117. By Messrs. Harris of Richmond and Greer of Lanier:
A bill to be entitled an act to provide that county officers may he sued only in the county of their residence for the breach of any official duty; and for other purposes.

The following substitute for HB 117 was read and adopted: By Messrs. Harris of Richmond and Greer of Lanier:

A BILL
TO BE ENTITLED
An act to fix the venue of any and all suits against county, state or municipal officers, or on their official bonds, for the breach of any official duty, including both the failure to act and/ or wrongful act in the discharge of any official duty on the part of such officer; to provide that such suits shall be brought only in the county of the residence of such officer; 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:

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JOURNAL OF THE HOUSE,

SECTION 1
On and after the passage of this act, any suit brought against a county, state or municipal officer of this state, or on his official bond, may be sued only in the county of the residence of such officer for the breach of any official duty, including both the failure to act and/ or any wrongful act in the discharge of any official duty on the part of such officer.
SECTION 2
All laws and parts of laws in conflict with this act be, and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, by substitute, the ayes were 105, the nays 1.
The bill having received the requisite constitutional majority was passed by substitute.

HB 51. By Messrs. Connell of Lowndes and Gowen of Glynn:
A bill to be entitled an act to prescribe certain terms and conditions upon which foreign corporations may do business in Georgia; to provide for filing of copy of charter with the secretary of state; and for other purposes.
The following committee substitute to HB 51 was read and adopted:
A bill to be entitled an act to prescribe certain terms and conditions upon which foreign corporations may do business in this state; to provide. for filing of copy of charter thereof with the secretary of state and the designation of an agent for service of notice and process by such corporation with provisions for service in cases where no agent upon whom service can be made is designated; to provide penalties; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Any foreign corporation ,not domesticated in this state, before commencing to do business in this state, shall file in the office of secretary of state a copy of its charter and all amendments thereto, duly exemplified by the proper officer of the state in which such corporation is incorporated; and any foreign corporation, not domesticated as aforesaid, now doing business in this state, which shall continue to do business in this state on or before July 1, 1945, shall likewise file, in said secretary's office, an exemplified copy of its charter and all amendments thereto. Upon filing such copy of its charter the corporation shall pay to the secretary of state a fee of $10.00 in addition to all other taxes now or hereafter provided for by law. Any such corporation failing to comply with the provisions of this section of this act shall be penalized by the secretary of state in the amount of $100.00; and the secretary of state shall be authorized to sue, in the name of the state, by any appropriate action, including attachment or garnishment, or both, in any court of this state, to recover

MONDAY, FEBRUARY 12, JIJ45

541

said penalty; but upon its being made to appear to the secretary of state that the failure to comply with these requirements was not wilful or with intent to avoid these requirements, the secretary of state, upon the corporation complying with the requirements, may remit the penalty in whole or in part.
Section 2. Any foreign corporation, not domesticated under the laws of this state, which shall do business in this state or which shall do any act in the state while doing business herein which may subject it to liability to any person, and which does not maintain a place of business and agent in this state upon whom service may be perfected, shall be deemed to have consented that any summons, notice or process in connection with any action or proceedings in the courts of this state growing out of or based upon any business done in this state may be sufficiently served upon it by serving the same upon the secretary of state of this state, unless said corporation shall designate and keep designated some person or persons who may be found and served with notice, summons or proc~ss in this state, as its agent or agents for such service, by a designation or designations to be filed, from time to time, in the office of said secretary of state, giving the names of such agent or agents and the place or places in this state where such agent or agents may be found and served.
Section 3. If such foreign corporation, doing business in this state, and which does not maintain a place of business and agent in this state upon whom service may be perfected, shall fail to designate some person or persons who may be found and served with notice, summons, or process in this state, then service of summons or process shall be made upon such corporation by leaving a copy thereof, with fee of $2.00, in the hands of the secretary of state of Georgia, and such service shall be sufficient service upon such non-resident corporation, provided that notice of such service and a copy of the process is forthwith sent by registered mail by the plaintiff or the secretary of the State of Georgia, to the principal office of said corporation in the state in which such corporation was chartered, or in any other state where the principal office of such corporation may be located, and the corporation's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with said summons, petition and other papers in said case in the court wherein the action is pending.
Section 4. A foreign corporation, doing business in this state, and which does not maintain a place of business or agent in this state upon whom service may be perfected, shall be sueable hereunder in any county of this state in w.hich the contact sued upon or any part or modification thereof was made or to be performed, or in any county in this state wherein the person or persons designated by such corporation under the provisions of this act to accept service shall reside. In the event suit is brought in a county in which the contract sued upon or any part or modification thereof was made or to be performed or in which the tort sued for or any part thereof was committed, and in which the person or persons designated by such corporation under the provisions of this act to accept service shall not reside, service of said summons or process may be perfected upon such corporation by a second original served upon such person or persons in any other county of this state designated by such corporation as its agent to receive service of summons and process under this act, and in the absence of a person or persons. designated by the corpora-

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JOURNAL OF THE HOUSE,

tion to receive service as provided in this act, summons and process may be served upon the secretary of state as provided in section 3 of this act.
Section 5. The provisions of this act are cumulative of any other laws of this state on the same general subject.
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 119, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute.

HB 89. By Mr. Holleman of Muscogee:
A bill to be entitled an act to provide that judges of superior courts in counties having a city of more than 30,000 population may appoint a secretary; and for other purposes.
The following substitute to HB 89 was read and adopted:
By Mr. Holleman of Muscogee:
An act to provide for and regulate the salaries of secretaries of the judges of the superior courts of all judicial circuits of this state in all counties having a population of not less than 75,484 or more than 75,504, according to the United States census of 1940, or that may hereafter have such population according to any future United States census; and to provide for the payment of such compensation out of the treasury of such counties; 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 date of the approval of this act, the judges of the superior courts of all judicial circuits in this state may appoint a secretary to serve in any county having a population of not less than 75,484 or more than 75,504, according to the United States census of 1940, or that may hereafter have such population according to any future census of the United States, and shall be paid the sum of one hundred fifty dollars ($150.00) per month out of the treasuries of such counties, as other court expenses are paid. The duties of said secretary shall be to act as stenographer and secretary to said judge and to perform such other and further duties in line with such position as may be required by the judge of said circuit.
SECTION 2
Be it further enacted by the authority aforesaid that laws and parts of laws in conflict with this act be, and the same are, hereby repealed.

MONDAY, FEBRUARY 12, 1945

543

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 1.
The bill having received the requisite constitutional majority was passed, by substitute.

HB 88. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to increase the salary of the solicitor general of the Chattahoochee circuit; and for other purposes.
The following substitute to HB 88 was read and adopted: By Mr. Holleman of M~scogee:
A BILL
TO BE ENTITLED an act, approved August 20th, 1927 (Georgia Laws, 1927, page 741), increasing the salary of the solicitor general of the Chattahoochee circuit, by providing that should said solicitor general be called upon by the duties of his office to render services outside of the state in connection with the extradition of fugitives or otherwise, the authorities of the Counties of Muscogee and Harris having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such services; and providing further that said solicitor general shall have the power to appoint a clerk for the performance of such duties as may be required of said clerk and to fix the salary and the payment thereof out of the treasury of Muscogee county, at $125.00 per month as a part of the court expenses of M uscogee county, Georgia; and for other purposes.
SECTION 1
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME, that section 1 of said act approved August 20th, 1927, be and the same is hereby amended by inserting after the word "him" and before the word ~xcept" in the thirty-fourth line of section 1 on page 742, the following: "provided, however, that should said solicitor general be called upon the duties of his office to render services outside of the state in connection with the extradiction of fugitives or otherwise, the authorities of the Counties of M uscogee and Harris having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such services; and provided further that said solicitor general shall have the power to appoint a clerk for the performance of such duties of his office as may be required of said clerk and to fix the salary and payment thereof out of the treasury of Muscogee county, at $125.00 per month as part of the court expenses of Muscogee county, Georgia," so that said Section 1 of the act approved August 20th, 1927, when amended shall read as follows:
"The salary of the solicitor general of the said Chattahoochee judicial circuit shall be $7,250.00 per annum in addition to the salary of $250.00 prescribed in para-

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graph l, section 13 of article 6 of the Constitution of this stat~ which said salary (additional to the constitutional salary of $250.00 per annum) shall be paid pro rata out of the general treasuries of the various counties composing said circuit, in the following proportion to wit: Chattahoochee county shall pay the sum of $150.00; Harris county shall pay the sum of $800.00; Marion county shall pay the sum of $450.00; Muscogee county shall pay the sum of $4,950.00; Talbot county shall pay the sum of $450.00; Taylor county shall pay the sum of $450.00. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of court matters in each of the said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to the soliciror general quarterly in each year out of the funds of said counties; that is to say, on the first day of April, July, October, and January, and upon regular county warrants issued therefor, and it is further made the duty of said ordinary, county commissioners, or other county authority having control of county matters, to make provisions annually, when levying taxes for expenses of courts, for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth, and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of $7,250.00 and the constitutional salary of $250.00 shall be in full payment for all services of said solicitor for all travelling and other expenses, and for all sums paid out by said solicitor general for clerical aid and legal assistance engaged or employed by him, provided, however, that should said solicitor general be called upon by the duties of his office to render services outside of the state in connection with the extradition of fugitives or otherwise, the authorities of the counties of Muscogee and Harris having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such services; and provided further that said solicitor general shall have the power to appoint a clerk for the performances of such duties of his office as may be required of said clerk and to fix the salary. and payment thereof out of the treasury of Muscogee county, at $125.00 per month as part of the court expenses of Muscogee county,
Georgia; except as provided in section 5 of the act approved August 20, 1920, Geor-
gia Laws 1917, pages 283, 284, 285, 286 and 287.

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 103, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute.

HB 34. By Mr. Harris of Richmond:
A bill to be entitled an act to provide a tax of six cents per gallon on kerosene when used as motor fuel; and for other purposes.

MONDAY, FEBRUARY 12, 1945

545

The following committee substitute to HB 34 was read and adopted: By Mr. Harris of Richmond:
A BILL TO BE ENTITLED
An act to amend, construe and clarify an act approved March 18, 1937 (Georgia Laws 1937, pages 167-207), known as the "Motor Fuel Tax Law," 1933 Code of Georgia, chapter 92-14, as amended, by further amending sections 92-1402 and 92-1403 of said code so as to clarify the definition of motor fuel and to make clear that kerosene, when not sold or used for illuminating, heating, or cooking purposes, but used or sold for use as a fuel for the propulsion of motor vehicles on the public highways was in said original act intended to be considered "motor fuel" and not subject to the kerosene tax of one cent per gallon in said act provided; to repeal all laws or parts of 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 THE SAME:
SECTION 1
In order to clarify the definition of "Motor Fuel" subsection (B) of section 92-1402 of the Georgia Code of 1933 as such section was enacted by the "Motor Fuel Tax Law" (Georgia Laws 1937, pages 167-207) be, and the same is hereby amended by striking therefrom the words "and/or" and inserting in lieu thereof the word "or," so that said subsection when amended shall read as follows:
92-1402
(B) "Motor Fuel" shall mean and include all products commonly or commercially known or sold as gasoline, benzol, benzine, or naptha, 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 a flash of more than one hundred degrees ( 100) Fahrenheit or with an initial boiling point of two hundred degrees (2000) 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, provided that nothing in this act shall exclude the tax on the sale or use of kerosene of one cent per gallon, placed c...n same by section (B) of subsection 92-1403 of section 1 of said bill.
SECTION 2
Subsection (E) of section 92-1403 of Georgia Code of 1933, as amended (Georbria Laws 1937, pages 167-207), be, and the same is hereby, amended by striking therefrom the words "and/or" and inserting in lieu thereof the word "or," so that said subsection as amended shall read as follows:
(D) Provided further, that the six (0.06) cents per gallon tax on the sale or <1se of motor fuel shall not be imposed upon the sale of kerosene or any other pe-

546

JOURNAL OF THE HOUSE,

troleum products with a flash of more than one hundred degrees ( 100o) Fahrenheit, or with an initial boiling point of two hundred degrees (200) 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 fM use otherwise than as a fuel for the propulsion of motor vehicles on the public highways.
SECTION 3
Subsection (C) of section 92-1402 of the Georgia Code of 1933, as amended (Georgia Laws 1937, pages 167-207), is hereby amended by adding at the end thereof the following sentences:
"When such petroleum oil (kerosene) is actually used or sold, bought, handled, possessed, compounded or blended, for use as a motor fuel for the propulsion of motor vehicles on the public highways, it shall for the purposes of this act be deemed to be 'motor fuel' and not 'kerosene' and the sale or use thereof shall not be taxable hereunder as 'kerosene.' If the kerosene tax of 1 cent per gallon shall previously have been paid in respect to any such motor fuel or any component part thereof, such tax shall be credited upon the payment of any motor fuel tax thereafter collected m respect to same, it not being intended that there shall be double taxation."
SECTION 4
I
Subsection (F) of Section 92-1403 of the Code of 1933, as amended, is hereby stricken and a revised subsection (F) of section 92-1403 is hereby substituted in lieu thereof to read as follows:
"Provided further, that the taxes imposed in this section shall be collected by and paid to the state but once in respect of the sale or use (consumption) of the same motor fuel and/ or kerosene, and shall not be construed to apply to the storage, withdrawal, compounding, blending or any other handling of such motor fuel and/or kerosene preliminary or preparatory to such sale or use.''
SECTION 5
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 124, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute.

HB 81. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A BILL To be entitled an act to propose to the qualified voters of Georgia an an amendment to Article II, Section I, of the Constitution of this State,

MONDAY, FEBRUARY 12, 1945

547

by adding at the end of said section a new paragraph as follows: "The commissioners of roads and Revenues of Floyd county shall have authority to establish and administer sewerage, and/or water, and to levy taxes to P.ay therefor, and to charge for connections thereto, which shall be uniform;" and for other purposes.
Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article II, Section I of the Constitution of the State of Georgia be amended by adding at the end of said section a new paragraph, as follows: "The Commissioners of Roads and Revenues of Floyd county shall have authority to establish and administer sewerage and/or water, and to levy taxes to pay therefor, and to charge for connections thereto, which shall be uniform."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the "ayes" and and "nays" thereon, and published in one or more newspapers in each Congressional district in this State for two months prior to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said general election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article II, Section 1 of the Constitution of Georgia, authorizing Floyd county to establish sewereage and/ or water, and to levy taxes to pay therefor, and to charge for connections thereto, which shall be uniform.;" 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 II, Section I, of the Constitution of Georgia, authorizing Floyd county to establish sewerage and/ or water, and to levy taxes to pay therefor, and to charge for connections thereto, which shall be uniform." And if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the result shall be consolidated, as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article II, Section 1, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes and nayes were ordered and .the vote was as follow:

Those voting in the affirmative were:

Adams Adamson Alexander of Chatham Almand Ansley

Arnall of Coweta Arnold of Spalding Banks Bargeron Barrett

Barwick Battles Beddingfield Black Bloodworth of Bibb

548

JOURNAL OF THE HOUSE,

Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Burch Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Connerat Cowart Dallis DeFoor
Dorsey of White Dupree Dykes Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Gammage Garrison Gary
Gaskins Gavin Gibson Giddens Glisson Gowen Greene Griswell Guerry Guyton Hall Hardy of Hall Hardy of Jackson Harrison of Jenkins

Harrison of Screven Harrison of Wayne Hart Hefner Herndon Herrin Hicks Hinson of Jeff Davis Hogg Holbrook Holleman
Hollis Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Kelley Kendrick Kenimer
Kennon Lam Lancaster Lane Lewis Littlejohn Livingston Looper Lovett Maund McCurdy McNall
Mallard Mankin Manous Mason Matthews of Paulding Matthews of Peach Medders Miller Mitchell Morrison Mosley Moye of Brooks Moye of Randolph

Mullinax Murphy Nicholson Oakley Oden O'Shea! Overby Parham Parks Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray Ritchie Roughton Rowland Sapp Seagraves Sears Sheffield Shields Smith of Emanuel Sparks Strickland of Upson Sumner Thompson Thrash
Trotter Twitty Underwood Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Coffee Williams of Jones Williams of Ware Willoughby Wilson
Witherington

MONDAY, FEBRUARY 12, 1945

549

Those not voting were:

Alexander of Carroll Baker Callaway Crow Crowley Culpepper Dorsey of Cobb Durden Ennis, J. H. Freeman Gilbert Greer Hampton Hand Harden Hatchett Hill

Hinson of Ware Holley Holloway
Johns Kent Key King Knabb McCracken Malone Mann of Henry Mann of Rockdale Massey Moore Odom Oliver Pannell

Riddlespurger Rossee Seagler Sills Smiley Smith of Bryan Smith of Oglethorpe Strickland of Pike Swint Thornton Watford Williams of Appling Williams of Gwinnett Williams of Toombs Willis Young Mr. Speaker

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

On the passage of the bill, the ayes were 162, the nays 0.

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

HB 67. By Mr. Phillips of Columbia:
A bill to be entitled an act to provide for the payment of premium taxes by all insurance companies doing business in this State to the insurance commissioner; to provide tax shall be paid on gross premiums without regard to business ceded or assumed; and for other purposes.
By unanimous consent HB 67 was postponed until February 13th.

HB 121. By Messrs. Wilson of Bibb and Bloodworth of Houston:
A bill to be entitled an act to provide an exemption for members of the armed forces from payment of any penalties, costs, interest or other fees assessed for failure to return real or personal property or to pay the tax on same; and for other purposes.
The following amendment was read and adopted:
Mr. Wilson of Bibb moves to amend HB 121 by adding the following words at the end of section 1: "Provided the provisions of this act shall be applicable to members of the armed forces engaged in the present conflict only."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

550

JOURNAL OF THE HOUSE,

On the passage of the bill, as amended, Mr. Wilson of Bibb moved the ayes and nays, and the motion prevailed.

The clerk called the roll and the vote was as follows:

Those voting in the affirmative were:

Alexander of Chatham Almand Arnold of Spalding Bargeron Barwick Battles Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Brumb:t Burch Campbell Cates Chance Chastain Cheshire Claxton Connell Conner at Cowart Dorsey of Cobb Dorsey of White Durden Dykes Etheridge of Butts Fortson Fowler Freeman Gary Gaskins Giddens

Glisson Gowen Greer Griswell Guerry Guyton Hardy of Hall Hart Hefner Hicks Hill Hinson of Ware Holbrook Holleman Hooks Hurst Jackson Jennings of Terrell Knabb Lane Lewis Looper Lovett McCracken McNall Mallard Mann of Henry Manous Mason Massey Matthews of Peach Medders Miller Mitchell Morrison

Mosley Moye of Brooks Moye of Randolph Murphy Oakley Overby Parham Parks Pennington Price Ramey Ray Rossee Roughton Rowland Sapp Seagraves Sheffield Shields Smith of Emanuel Smith of Oglethorpe Strickland of Upson Thompson Thrash Twitty Weaver Wells of Lincoln Whaley Williams of Coffee Williams of Gwinnett Williams of Jones Willoughby Wilson Witherington

Those voting in the negative were:

Ansley Beddingfield Cheek

Culpepper Dupree Ennis, Marion

Evitt Garrison Greene

MONDAY, FEBRUARY 12, 1945

5.51

Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Herrin Hinson of Jeff Davis Hogg Kennon Lam

Lancaster Littlejohn Maund M~tthews of Paulding Nicholson Oden O'Shea! Pettit Pittman of Bartow Pittman of Tift

Porter Ritchie Sears Sparks Sumner Trotter Underwood Williams of Ware Willis

Those not voting were:

Adams Adamson Alexander of Carroll Arnall of Coweta Baker Banks Barrett Broome Brunson Callaway Crow Crowley Dallis DeFoor Ennis, J. H. Etheridge of Fulton Gammage Gavin Gibson Gilbert Hampton

Hand Harden Hatchett Herndon Holley Hollis Holloway Hubert Jennings of Sumter Johns Kelley Kendrick Kenimer Kent Key King Livingston McCurdy Malone Mankin Mann of Rockdale

l\1oore Mullinax Odom Oliver Pannell Phillips Powell Riddlespurger Seagler Sills Smiley Smith of Byran Strickland of Pike Swint Thornton Watford Wells of Ben Hill Williams of Appling Williams of Toombs Young Mr. Speaker

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

On the passage of the bill as amended, the ayes were 104, the nays 38.
The bill having received the requisite constitutional majority, was passed as amended.
Mr. Durden of Dougherty, moved that the House recess until 2:00 o'clock P. M., and the motion prevailed.
The speaker announced the House recessed until 2:00 o'clock.

2:00 o'clock P. M. Under the regular order of business, the following bills of the House and

552

JOURNAL OF THE HOUSE,

The speaker called the House to order. Senate were taken up for consideration, read the third time and placed upon their passage:

HB 165. By Mr. Oakley of Barrow: A bill to be entitled an act to provide for the time of holding four terms of Barrow 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 103, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 167. By Messrs. Lane and Livingston of Polk:
A bill to be entitled an act to provide that applicants for divorce in Polk superior court shall pay $10.00 cost upon filing the petition; and for other purposes.
The report 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 194. By Mr. Oden of Pierce:
A bill to be entitled an act to pay the sheriff of Pierce county a salary of $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 104, the nays 0. The bill having received the requisite constitutional majority, was passed.

HB 195. By Messrs. Strickland and Freeman of Upson: A bill to be entitled an act to fix the compensation of the coroner and jurors summoned by the coroner in Upson county;. and for other purposes.
The report of the committee, which was favorable to the passage of the bill, wa9 agreed to.
On the passage of the bill, the aves were 103, the nays 0. The bill having received the requisite constitutional majority was passed.

MONDAY, FEBRUARY 12, 1945

553

HB 202. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide for four terms each year of Baldwin 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 111, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 205. By Mr. Greer of Lanier:
A bill to be entitled an act to provide for four terms each year of Lanier 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 223. By Mr. Ray of Warren:
A bill to he entitled an act to change the time for holding Warren 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 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 217. By Mr. Bloodworth of Houston:
A bill to be entitled an act to change the time for holding of the superior court of Houston county; and for other purposes.
The following substitute to HB 217, was read and adopted:
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 fix the time for holding said terms; to repeal all conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:

554

JOURNAL OF THE HOUSE,

Section 1. That from and after the passage of this act, there shall be two regular terms of the superior court of Houston county, Georgia, one to be held on the first and second Mondays of April of each year and one to held on the third and fourth Mondays of September of each year, each of said terms to continue in session until adjourned in the manner provided by law.
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.
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 111, the nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute.

HB 241. By Messrs. Hand of Mitchell and Durden of Dougherty:
A bill to be entitled an act for the abatement of all mcome taxes for members of the armed forces upon death; and for other purposes.
The report 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 244. By Mr. Hefner of Pickens:
A bill to be entitled an act to authorize and direct proper officials in all counties in the State of Georgia having a population of not less than 9,130 nor more than 9,140, to pay to the clerk of the superior court, ordinary and sheriff of said counties the sum of $50.00 per month each in addition to the fees and compensations now paid to said officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 246. By Mr. Seagraves of Madison:
A bill to be entitled an act to provide for the holding of four terms of the superior court of Madison county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 12, 1945

555

On the passage of the bill, the ayes were 113, the nays 0. The bill having received the requisite constitutional majority, was passed.

The speaker presented to the House Hon. W. W. Larsen, former member of the House from Laurens county, and Hon. Turner Smith, former member from Dougherty.

The regular order of business was continued.

HB 273. By Messrs. Gowen and Gilbert of Glynn, Harrison of Wayne, Claxton of Camden, Williams of Appling and Hinson of Jeff Davis:
A bill to be entitled an act to pay an additional salary to the judge of the Brunswick: judicial circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0. The bill having received the requisite constitutional majority, was passed.

Mr. Kent, of Glascock: 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 11. HB 12. HB 16. HB 19. HB 54.
HB 55.
HB 58. HB 65. HB 66: HB 74. HB 78. HB 82.

556

JOURNAL OF THE HOUSE,

HB 90. HB 97. HB 106. HB 128. HB 129. HB 137. HB 149. HB 152. HB 153. HB 154. HB 157. HB 158. HB 159. HB 168. HB 179. HB 189. HB 203. HB 209. HB 214. HB 221. HB 237. HB 238. HB 239. HB 240.

Respectfully submitted,

Kent of Glascock, Chairman.

Under the regular order of business, the following resolution of the House was taken up for consideraion, read the third time and placed upon its passage:

HR 44-298A. By Messrs. Weaver, Bloodworth and Wilson of Bibb:

MONDAY, FEBRUARY 12, 1945

557

A resolution nominating Sidney Lanier to the Hall of Fame of New York University.
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.
Under the special and continuing order of business, the following bills of the House and Senate were read the third time and placed upon their passage:

SB 9. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st:
A bill to be entitled an act to provide for making of procedure and practice in the courts of this State simply by vesting in the justice of the supreme court the power to adopt, modify and repeal rules of procedure; and for other purposes.
The report 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.

SB 10. By Senators Harrell of the 7th, Freeman of the 22nd, Gross of the 31st and Grayson of the 1st:
A bill to be entitled an act to provide that justices of the supreme court shall be authorized to make and adopt rules relating to examinations for admission to the bar of this State; and for other purposes.
The following amendment was read and adopted:
Mr. Gowen of Glynn, moves to amend by adding to the end of section I, the following proviso, namely:
"provided that nothing in this act shall be construed as limiting applicants for admission to the bar to college trained persons."
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 3.
The bill having received the requisite constitutional majority, was passed, as amended.

558

JOURNAL OF THE HOUSE,

SB 12. By Senators Harrell of the 7th, Gross of the 31st, Grayson of the 1st and Freeman of the 22nd:
A bill to be entitled an act to create a judicial council composed of the chief justice and a justice of the supreme court, the chairman of judiciary committee number 1, of the House and Senate, a judge of the court of appeals, two trial judges, five lawyers and three laymen; and for other purposes.

The following amendment was read and adopted:
The committee moves to amend SB 12 by striking from the third line of section I the words " the Chairman of the Judiciary Committee of the Senate and of the House of Representatives (but if there be more than one Judiciary Committee, the Chairman of Judiciary Committee No. I)" and inserting in lieu thereof, the words "The Chairman of a Judiciary Committee of the Senate to be designated biannually by the President of the Senate, and the Chairman of a Judiciary Committee of the House to be designated biannually by the Speaker.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.

SB 16. By Senators Freeman of the 22nd, Harrell of the 7th, Gross of the 31st and Grayson of the 1st:
A bill to be entitled an act to provide for the service of process, summons and notices by using a duplicate original in counties other than where the case is pending; and for other purposes.
The report 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 22. By Senator Peebles of the 18th:
A bill to be entitled an act to provide for the admissibility in evidence in all actions for the condemnation of real property of evidence as to the value of other comparable properties in all events and under all circumstances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 12, 1945

559

On the passage of the bill, the ayes were ll7, the nays 0.
The bill having received the requisite constitutional majority, was passed.

SB 36. By Senator Wellborn of the 40th, Minchew of the 5th, and Edenfield of the 2nd:
A bill to be entitled an act to provide that sheriffs of this State shall be paid the sum of fifty cents for serving each juror, grand or traverse drawn to serve at any term of any city or 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 majority, was passed.

HB 22. By Mr. Harris of Richmond:
A bill to be entitled an act to amend section 24-3501 of the Code of Georgia of 1933, by increasing the membership of the court of appeals to seven judges and to provide that they shall sit in a body; and for other purposes.
The following substitute was read:
An act to amend section 24-3501 of the Code which provides that "the Court of Appeals shall consist of six Judges, who shall elect one of their number as chief judge, in such manner and for such time as may be prescribed by rule or- order of the court. The court shall sit in divisions of three judges each, but two judges shall constitute a quorum of a division. The assignment of judges to each division shall be made by the chief judge, and the personnel of the divisions shall from time to time be changed in accordance with rules prescribed by the Court. The division of which the chief judge is a member shall be known as the first division, and he shall be its presiding judge. He shall designate the presiding judge of the second division, and shall, under rules prescribed by the court, distribute the cases between the divisions in such manner as to equalize their work as far as practicable; and all criminal cases shall be assigned to one division. Each division shall hear and determine, independently of the other, the cases assigned to it," so as to provide that the two divisions of the court of appeals shall determine certain cases sitting as one court, and so as to provide that in other cases they shall have the discretion to do so; 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 Section 24-3501 of the Code of Georgia of 1933 be, and the same is hereby amended, by adding to the end thereof the following: Except that from and after the first day of the________________term__________:_____, of the Court of Appeals of Georgia, the two divisions of the court, sitting as one

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court, shall pass on and determine each case in which there is a dissent in the division to which the case was originally assigned, unless upon consideration of the case by the two divisions as one court there is ari equal division between the judges passing upon the case, in which event the case shall be decided by the division to which it was originally assigned. In all cases which involve one or more questions which in the opinion of the majority of the judges of the division to which a case is assigned should be passed upon by the two divisions sitting as on~ court, the questions may be presented to the two divisions sitting as one court, and if a majority of the two divisions sitting as one court decide that the question or questions involved should in their judgment and discretion be decided by the two divisions sitting as one court, the case shall be passed upon by the two divisions sitting as one court, provided that a majority of the judges passing upon the case concur in the judgment, otherwise the case shall be passed upon by the division of the court to which \t was originally assigned. In neither class of cases shall there be oral argument except before the division to which the cases are originally assigned.
Section 2. Be it further enacted, that it being among the purposes of this act to avoid and reconcile conflicts between the decisions of the two divisions and to secure more authoritative decisions, it is hereby provided that when the court sitting as one entire court composed of both divisions, the court as thus constituted may by the concurrence of as many as five judges overrule any previous decision by either division alone in the same manner as now prescribed for the Supreme Court; and as precedent, a decision by such entire court, with only a majority concurring shall take precedence over a decision by either division not concurred in by all the judges of such division. A decision concurred in by all six judges shall not be overruled or materially modified except with the concurrence of six judges.
Section 3. Be it further enacted that when both divisions are sitting together as one court, four judges shall be necessary to constitute a quorum, but in all cases decided by such court as a whole by less than six judges, the concurrence of at least three shall be essential to the rendition of a judgment.
Section 4. All laws or parts of laws in conflict with this act are hereby repealed.
The following amendment to substitute to H B 22 was read and adopted:
Mr. Weaver of Bibb, moves to amend section 1 of the Committee Substitute to HB 22 by inserting the word "April" in blank before the word "Term" and the figures "1945" in the blank after the said word term.
By unanimous consent, the substitute to HB 22 was adopted as amended.
The report of the committee, which was favorable to the passage of the bill, by substitute as amended, was agreed to.
On the passage of the bill, by substitute as amended, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority, was passed by substitute as amended.

MONDAY, FEBRUARY 12, 1945

561

HB 91. By Messrs. Young, Shields and Holleman, of Muscogee:
A bill to be entitled an act to provide for compulsory school attendance of pupils between seven and sixteen years of age, to define the authority and duties of attendance officers; and for other purposes.
By unanimous consent, HB 91 was tabled.

HB 133. By Messrs. Dykes of Bleckley, Smith and Hooks of Emanuel, Glisson of Evans, Moye of Randolph, Ray of Warren, Sapp of Dougherty, Harrison of Wayne, Watford of Long, Williams of Toombs, Guerry of Macon, Roughton and Jackson of Washington, Smith of Bryan, Barwick of Grady and Giddens of Calhoun:
A bill to be entitled an act to authorize the Governor to purchase land and equipment to establish a livestock experiment station and to provide for the sale of the increase of livestock; and for other purposes.
Mr. Dykes of Bleckley, asked unanimous consent that further consideration of HB 133, be postponed until February 13th, and the request was granted.

HB 134. By Messrs. Key of Jasper, Harris, Holley and King of Richmond: . A bill to be entitled an act to authorize the state board of social security to purchase land adjacent to or near lands already under control 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 113, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 144. By Messrs. Arnold of Spalding, Arnall of Coweta and Ray of Warren:
A bill to be entitled an act to revise the scale of fees paid by banks for examination by bank examiners; and for other purposes.

Mr. Durden of Dougherty, moved that the House adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.

HB 144 was carried over as unfinished business of the day.

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. Tuesday, February 13, 1945.

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 scripture reading and prayer by Dr. Fred Smith, pastor of the First Baptist Church, Bremen, Georgia.

By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, 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) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.

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

HR 71. By Mr. Durden of Dougherty: A resolution fixing a special and continuing order of business for the House.
By unanimous consent the following bills and resolutions of the House were introduced, read for the first time, and referred to the committees:
HB 481. By Messrs. Key of Jasper, Pittman of Bartow, Mallard of Bulloch, Harris of Richmond, and Moore of Taliaferro. A bill to be entitled an act to authorize sheriffs in counties not on a salary basis to draw $100.00 a month in addition to fees, and for other purposes. Referred to the Committee on State of Republic.

TUESDAY, FEBRUARY 13, 1945

563

HB 482. By Mr. Adamson of Clayton:
A bill to be entitled an act to provide for assistants and clerks for the tax commissioner of Clayton county and fix their compensation; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 483. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to fix the salaries of the Board of Commissioners of Roads and Revenues of Spalding county; and for other purposes.

HB 484. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to amend code section 13-2023 so as to remove the limitations as to the amount of Federal farm loan bonds that may be subscribed for by any bank; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 485. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act to fix the salary of the clerk of the commissioner of roads and revenues of Cobb county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 486. By Mr. Matthews of Paulding:
A bill to be entitled an act to fix the salary for the official court reporter of the Tallapoosa judicial circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 487. By Mr. Williams of Toombs:
A bill entitled an act to repeal an act approved March 18, 1937 (Ga. Laws 1937,pp. 1193-1195) which amended an act establishing the city court of Lyons ; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 488. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize the authorities of Fulton county to adopt regulations for the prevention of fire and protection of property and lives against loss in unincorporated areas; to provide for zoning regulations

564

JOURNAL OF THE HOUSE,

and control of storage of inflammable materials and explosive; and for other purposes:
Referred to the Committee on Counties and County Matters.

HB 489. By Mr. Etheridge of Fulton:
A bill to be entitled an act to increase the members of the state board of embalming from 6 to 7 members; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 490. By Mr. Williams of Toombs:
A bill to be entitled an act to amend the act creating the city court of Lyons by fixing the salary of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 491. By Messrs. Harrison of Wayne, Watford of Long, Price of Clarke, Moye of Randolph, Connell of Lowndes and Harrison of Jenkins.
A bill to be entitled an act to award a medal of honor to honorably discharged members of the armed forces of the United States in the SpanishAmerican war, World War I and the present World War, who were citizens of this State at the time of enlistment; and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 492. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend the "Housing Authorities Law" by providing a regional or county housing authority shall have power to sell or rent dwellings ouside of cities and may carry out rural housing projects, and to exempt such dwelling from taxation; and for other purposes.
Referred to the Committee on State of Republic.

HB 493. By Mr. Young of Muscogee:
A bill to be entitled an act to amend code section 32-903 relating to county
boards of education by providing a county having less than 5 militia dis-
tricts shall select members above the number of militia districts from the county at large to make a five number board; and for other purposes.
Referred to the Committee on Education No. 1.

HB 494. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an act to amend the charter of the City of Columbus

TUESDAY, FEBRUARY 13, 1945

565

changing the date for holding primary elections for nominating members of the commission of the City of Columbus; and for other purposes
Referred to the Committee on Municipal Government.

HB 495. By Messrs. Barwick of Grady and Sheffield of Miller:
A bill to be entitled an act to provide a rental charge of lO per cent of the gross receipts of motor common carriers operating over the highways of this State, to be collected by the state revenue commissioner; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 496. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to authorize Muscogee county to assign identifying numbers to all dwellings, stores and other structures in the county, outside of municipalities; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 497. By Mr. Watford of Long:
A bill to be entitled an act to amend the act creating the city court of Ludowici; to fix the salary of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 498. By Mr. Watford of Long:
A bill to be entitled an act to amend the charter of the City of Ludowici by extending the city limits; and for other purposes.
Referred to the Committee on Munidpal Government.

HB 499. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to authorize the levy of a tax of 9 mills upon the value of property to pay current expenses of the city; and for other purposes.
Referred to the Committee on Municipal Government.

HB 500. By Mr. Manous of Cherokee:
A bill to be entitled an act to change the date of holding three terms of the superior court of Cherokee county; and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

HB 501. By Messrs. H.Jileman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to change the name of the board of trustees of public schools of Columbus to the board of education and to provide for a superintendent of eduction; and provide the board of education may establish junior colleges; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 502. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to authorize the commissioner of roads and revenues of M uscogee county to adopt zoning ordinances, to name building inspectors and require building permits; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 503. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to fix the salary of the judge, clerk, sheriff, deputy clerk and deputy sheriff of the municipal court of the City of Augusta; and for other purposes.
Referred to the Committee on Counties and County lVlatters.

HB 504. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to fix the salary of the stenographer and bailiff to the sperior court judge, the bailiff and stenographer of the solicitor general of the superior court; the salary of the bailiff of the solicitor of the city court and the stenographer and secretary to the city court judge of Richmond county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 505. By Messrs. Holley, King and Hatris of Richmond:
A bill to be entitled an act to provide for a salary for the solicitor general of the Augusta judicial circuit; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 506. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to change from a fee basis to a salary basis all officers of Richmond county who have previously received fees, and to fix the
salaries; and for other purposes.
Referred to the Committee on Counties and County Matters.

TUESDAY, FEBRUARY 13, 1945

567

HR 72-498A. By Mr. Morrison of Montgomery:
A resolution authorizing the State librarian to furnish the ordinary of Montgomery county certain volumes of the Georgia reports and court of appeals reports; and for other purposes.
Referred to the Committee on "Public Library.

HR 73-500A. By Mr. Claxton of Camden:
A resolution authorizing the Governor to convey a certain tract of land to Camden county; and for other purposes.
Referred to the Committee on Public Property.

Mr. Pannell of Murray County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary, have had under consideraion 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 470. Do Pass.

Respectfully submitted, Pannell of Murray, 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 back to the House with the following recommendations:

HB 460. Do Pass.

SB 112. Do Pass.

HB 361. Do Pass.

HB 368. Do Pass.

HB 365. Do Pass.

HB 364. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman.

568

JOURNAL OF THE HOUSE,

Mr. Bloodworth of Bibb County, Chariman 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 100. Do Pass. SB 103. Do Pass. SB 120. Do Pass. SB 119. Do Pass. SB 110. Do Pass. HB 457. Do Pass. HB 456. Do Pass. HB 463. Do Pass. HB 451. Do Pass. HB 452. Do Pass. HB 476. Do Pass. HB 459. Do Pass as amended. HB 454. Do Pass. HB 324. Do Not Pass. HB 466. Do Pass. HB 422. Do Pass. HB 441. Do Pass. SB 114. Do Pass.
Respectfully submitted, Bloodworth of Bibb, 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

TUESDAY, FEBRUARY 13, 1945

569

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 425. D,o Pass. SB 70. Do Pass.

Respectfully submitted,

Hicks of Floyd, Chairman.

Mr. Harrison of Jenkins county, Chairman of the Committee on Conservation, submitted the following report:

Mr. Speaker:

Your Committee on Conservation have had under consideration the following bills of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:
HB 385. Do Pass.

HB ~86. Do Pass.

HB 387. Do Pass.

HB 388. Do P'ass.

Respectfully submitted, Harrison of Jenkins, 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 following bills of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:

HB 472. Do Pass.

HB 474. Do Pass.

HB 468. Do Pass.

HB 465. Do Pass.

HB 464. Do Pass.

HB 471. Do Pass.

Respectfully submitted,

Rossee of P'utnam,

Chairman.

570

JOURNAL OF THE HOUSE,

Mr. Sills of Candler county, Chairman of the Committee on Counites 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 336. Do Pass. HB 337. Do Pass. HB 424. Do Pass. HB 435. Do Pass. HB 446. Do Pass. HB 449. Do Pass. HB 458. Do Pass. HB 467. Do Pass. HB 469. Do Pass. HB 475. Do Pass. HB 480. Do Pass. SB 102. Do Pass.

Respectfully submitted,

Sills of Candler, 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 193. Do Pass.
HB 355. Do Pass.
Respectfully submitted,
Hatchett of Merriwether, Chairman.

TUESDAY, FEBRUARY 13, 1945

571

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 215. Do Pass by substitute.

Respectfully submitted,

Mason of Morgan, Chairman.

Mr. Kenimer of Harris county, Vice-Chairman of th 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 Senate and have instructed me as Vice-Chairman to report the same back to the House with the following recommendations:
SB 33. Do Pass as amended.
SB 77. Do Pass.
SB 146. Do Pass.
Respectfully submitted, Kenimer of Harris, Vice-Chairman.

Mr. Jennings of Sumter county, Chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker:
Your Committee on Corporations have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:
HB 402. Do Pass.
Respectfully submitted, Jennings of Sumter, Chairman.
Mr. Wells of Ben Hill county, Chairman of the Committee on Engrossing, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:

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

HB 295.

HB 399.

HB 421.

HB 423.

HB 447.

HB 488.

Respectfully submitted,

Wells of Ben Hill, Chairman.

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

HB 193. By Mr. Hatchett of Meriwether:
A bill to be entitled an act to provide it shall be the duty of the state board of education to adopt rules and regulations for taking a school census; and for other purposes.

HB 215. By Messrs. Harris of Richmond, Glisson of Evans, Hooks of Emanuel, Dykes of Bleckley, Moye of Randolph, and Bargeron of Burke:
A bill to be entitled an act to provide for the registration of dealers of planting seed and provide penalties and method and fees for inspection; and for other purposes.

HB 336. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide a system of pensions for employees of the board of health of Richmond county; and for other purposes.

HB 337. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to establish a budget system for the county board of education of Richmond county; and for other purposes.

HB 355. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia:

TUESDAY, FEBRUARY 13, 1945

573

A bill to be entitled an act to authorize the state board of education to receive federal and other funds for the construction and improvement of school houses, and to provide for the inspection of school houses; and for other purposes.

HB 361. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to authorize the governing authority of the several counties to enact and enforce zoning and planning ordinances; and for other purposes.

HB 364. By Messrs. Hand and Twitty of Mitchell and Hart of Thomas:
A bill to be entitled an act to authorize the several counties and municipalities to establish reserve funds and deflne conditions under which tax money may be transferred thereto; and for other purposes.

HB 365. By Messrs. MeN all, Alexander and Connerat of Chatham:
A bill to be entitled an act to authorize the governing authority of the several counties to conserve the ground water of the state by limiting the number and size of wells; and for other purposes.

HB 368. By Messrs. Hand and Twitty of Mitchell and Hart of Thomas:
A bill to be entitled an act to authorize the several municipalities of this state to enact zoning ordinances and to provide for the establishment of planning boards and board of adjustment; and for other purposes.

HB 385. By Mr. Oden of Pierce:
A bill to be entitled an act to amend an act approved March 5, 1937 (Georgia Laws 1937, pp. 264-280), by striking section 9 on page 270 and substituting a new sentence designating the department of forestry the agency to extend all federal funds available for fire prevention and forest farming and nursery work; and for other purposes.

HB 386. By Mr. Oden of Pierce:
A bill to be entitled an act to amend an act approved March 5, 1937 {Georgia Laws 1937, pp. 264-280), by striking paragraph B of section 9 and substituting a new paragraph B authorizing the director of forestry to name fire wardens and providing fire fighting crews may enter any land for the purpose of suppressing fires; and for other purposes.

HB 387. By Mr. Oden of Pierce: A bill to be entitled an act to amend an act approved March 5, 1937 (Geor-

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JOURNAL OF THE HOUSE,

gia Laws, pp. 264-280}, by adding a new sentence to paragraph 1, section 9, to provide that the department of forestry may charge a fee for special service to farmers and timber growers; and for other purposes.
HB 388. By Mr. Oden of Pierce: A bill to be entitled an act to authorize the department of forestry to purchase and operate airplanes for fire patrol; and for other purposes.
HB 402. By Messrs. Weaver and Bloodworth of Bibb: A bill to be entitled an act to amend section 35 of the corporation act approved January 28, 1938, to make it apply to any corporation incorporated under an act of the General Assembly authorizing superior courts to grant charters; and for other purposes.
HB 422. By Mr. Burch of Dodge: A bill to be entitled an act to establish a five-man board of commissioners of roads and revenues for Dodge county; and for other purposes.
HB 424. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an act to amend the Fulton county budget act to provide that the county may contract with and maintain wholly or jointly with some other municipality or county a hospital authority; and for other purposes.
HB 425. By Messrs. Harrison of Screven and Adamson of Clayton: A bill to be entitled an act to pay five cents per mile to all jurors serving in the superior court; and for other purposes.
HB 435. By Mr. Porter of Gordon: A bill to be entitled an act to fix the salary of the tax commissioner of Gordon county; and for other purposes.
HB 441. By Mr. Burch of Dodge: A bill to be entitled an act to abolish the office of commissioner of roads and revenues for Dodge county; and for other purposes.
HB 446. By Mr. Ramey of Chattooga: A bill to be entitled an act to abolish the present board of commissioners of Chattooga county and create a new board; and for other purposes.
HB 449. By Messrs. Holleman, Shields and Young of Muscogee:

TUESDAY, FEBRUARY 13, 1945

575

A bill to be entitled an act to authorize the board of trustees of the public schools of Columbus to sell any property, real or personal, under their control, and to invest the proceeds of such sales; and for other purposes.

HB 451. By Mr. Greer of Lanier:
A bill to be entitled an act to provide a method for filling vacancies of mayor or aldermen of the City of Lakeland; and for other purposes.

HB 452. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick to ratify the closing of certain portions of Amherst and Wolf streets and confer additional powers upon the city commissioner; and for other purposes.

HB 454. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide minimum salaries or wages for officers and men in the fire department of the City of Augusta; and for other purposes.

HB 456. By Messrs. Broome, Hubert and McCurdy of DeKalb, Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Atlanta to extend the city limits in DeKalb county; and for other purposes.

HB 457. By Messrs. Broome, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur by providing for the assessment of sanitary taxes and the method of collecting; and for other purposes.

HB 458. By Mr. Hogg of Marion:
A bill to be entitled an act to pay the sheriff of Marion county a salary in addition to fees; and for other purposes.

HB 459. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus by extending the city limits; and for other purposes.

HB 460. By Messrs. Gowen and Gilbert of Glynn, Durden of Dougherty, McNall, Alexander and Connerat of Chatham, Hand of Mitchell, Smith of Emanuel, Holleman of Muscogee, Ray of Warren, Evitt of Catoosa, Cheshire of Colquitt, Harrison of Jenkins, and Dykes of Bleckley:

576

JOURNAL OF THE HOUSE,

A bill to be entitled an act creating the state ports of authority to promote, develop, construct, equip, maintain and operate state dock and terminal facilities; and for other purposes.

HB 463. By Mr. Almand of Walton:
A bill to be entitled an act to amend the charter of the City of Monroe to authorize the city to establish and maintain a municipal freezer locker plant and for other purposes.

HB 464. By Messrs. Thompson of Meriwether, Seagler of Crawford, Littlejohn of Floyd, Crowley of McDuffie, King of Richmond, Rossee of Putnam, al'ld Pittman of Bartow:
A bill to be entitled an act to authorize the state highway department to designate limited access facilities and for the planning, designation, establishment, use, regulation, alteration and improvement of limited access facilities; and for other purposes.

HB 465. By Messrs. Thompson of Meriwether, Seagler of Crawford, King of Richmond, Littlejohn of Floyd, Crowley of McDuffie, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to establish an optional method to condemn rights of way by the state highway department and/ or counties of the state; and for other purposes.

HB 466. By Messrs. Brock and Alexander of Carroll:
A bill to be entitled an act to amend the charter of the City of Carrollton to provide the method of taxing property not returned; to provide closing date for registration of voters; to provide for the election of a mayor and city councilmen ; and for other purposes.

HB 467. By Messrs. Brock and Alexander of Carroll:
A bill to be entitled an act to authorize the commiSSioners of Carroll county to furnish gas, oil and repairs for the car used by the sheriff of Carroll county and charge same to court expt:nse; and for other purposes.

HB 468. By Messrs. Pittman of Bartow, Matthews of Peach, Littlejohn of Floyd, Seagler of Crawford, King of Richmond, Hubert of DeKalb, and Rossee of Putnam:
A bill to be entitled an act to amend the act creating the offices of state highway directors and treasurer of the state highway department by providing for the adding of state-aid roads to the state highway system and providing expenses for commissioners while inspecting roads in their districts; and for other purposes.

TUESDAY, FEBRUARY 13, 1945

577

HB 469. By Mr. Willoughby of Clinch:
A bill to be entitled an act to fix compensation for members of the board of commissioners of roads and revenues for Clinch county; and for other purposes.

HB 470. By Mr. Willoughby of Clinch:
A bill to be entitled an act to provide for filling vacancies m the office of solicitor of Clinch county court; and for other purposes.

HB 471. By Messrs. Thompson of Meriwether, Matthews of Peach, Littlejohn of Floyd, Crowley of McDuffie, King of Richmond, Hubert of DeKalb, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to repeal code section 95-1715 as amended and substitute a new section relating to condemnation of property for public roads by permitting condemnation for borrow pits; and for other purposes.

HB 472. By Messrs. Thompson of Meriwether, Littlejohn of Floyd, King of Richmond, Crowley of McDuffie, Matthews of Peach, Hubert of DeKalb, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to amend the act approved March 27, 1941 (Georgia Laws 1941, pp. 237-238), to provide the director of the state highway department shall have the right to acquire, build, equip, maintain and operate airports; to provide he may contract with counties and municipalities for the maintenances of airports; and for other purposes.

HB 474. By Messrs. Thompson of Meriwether, Matthews of Peach, Littlejohn of Floyd, Crowley of McDuffie, King of Richmond, Hubert of DeKalb, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to repeal code sections 36-504, 38-506, and 36-507 and enacting three new sections relating to "Assessment of value and damages" and "Consequently damages" and "Finding of assessors, how and where entered; and for other purposes.

HB 475. By Mr. Giddens of Calhoun:
A bill to be entitled an act to fix the salary and expenses of the commissioners of roads and revenues of Calhoun county; and for other purposes.

HB 476. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to provide title to a certain tract of land shall be in the City of Macon and to authorize its sale; and for other purposes.

578

JOURNAL OF THE HOUSE,

HB 480. By Mr. Burch of Dodge:
A bill to be entitled an act to fix the salary of the tax commtsstoner of Dodge county at $4800.00 per annum for the duration of the war; and for other purposes.

SB 33. By Senator Gross of the 31st and others:
A bill to be entitled an act to provide compulsory school attendance of all children between 7 and 16 years of age; to provide for visiting teachers; and for other purposes.

SB 70. By Senator Freeman of the 22nd:
A bill to be entitled an act to provide that heirs of a deceased owner of real estate may apply for and obtain from the ordinary an order finding that no administration on the estate is necessary; and for other purposes.

SB 77. By Senator Caldwell of the 37th:
A bill to be entitled an act to make it the duty of the state board of education to adopt rules for the taking of a school census ; and for other purposes.

SB 100. By Senator Bennett of the 17th:
A bill to be entitled an act to amend the charter of the City of Sylvania to create a pension fund for city employees; and for other purposes.

SB 102. By Senator Minchew of the 5th:
A bill to be entitled an act to provide for a salary for the sheriff of Atkinson county in addition to fees; and for other purposes.

SB 103. By Senator Cloud of the 19th:
A bill to be entitled an act to amend the charter of the City of Crawfordville, to provide a water works superintendent; to provide for a city treasurer; to fix the salary of the marshal and night watchman and to provide for a clerk of city council; and for other purposes.

SB 110. By Senator Grayson of the 1st:
A bill to be entitled an act to amend the charter of the City of Savannah by repealing all acts relating to pensions of city employees except the act ap-
proved February 11, 1941, with certain exemptions; and for other purposes.

SB 112. By Senator Mavity of the 44th:
A bill to be entitled an act to authorize the Governor to fix the salary of the director of the state board of social security; and for other purposes.

TUESDAY, FEBRUARY 13, 1945

579

SB 114. By Senator Norton of the 33rd:
A bill to be entitled an act to amend the charter of the City of Gainesville by extending the city limits; and for other purposes.

SB 119. By Senator Wall of the 9th:
A bill to be entitled an act to provide for the method of changing county lines within limits of incorporated towns and cities having a population of not less than 1,000 nor more than 1,500; and for other purposes.

SB 120. By Senator Greene of the 21st:
A bill to be entitled an act to amend the charter of the City of Gray to enlarge the administrative powers of council; and for other purposes.

SB 146. By Senators Welsch of the 39th and Gross of the 31st:
A bill to be entitled an act to enable local units of administration to establish and maintain classes of schools for the deaf; and for other purposes.

The following report of the Committee on Rules was read:
Mr. Speaker: Your Committee on Rules has had under consideration HR 71 and recommends
that the same be adopted and that the order of business set forth therein be established beginning immediately after completion of present calendar.
Durden of Dougherty, Vice-Chairman.
The following resolution of the House was read and adopted:
HR 71. 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 beginning immediately after the completion of the present calendar:
HB 73. Service Men's Resettlement Corporation HB 32. Peace Officers Bill HB liS. Engineering Bill HB 139. Constables Fees HB 141. Loans on Real Estate by Banks HB 142. Banking Bill

580

JOURNAL OF THE HOUSE,

HB 143. Verification Bank Deposits HB 145. Negotiable Instruments HB 150. Directors Insurance Companies HB 257. Fees Justices of the Peace HB 277. To authorize State and Political Subdivisions to purchase Federal Surplus Property HB 278. Official findings as to death by War and Navy Departments HB 284. Oil Well Bill HB 288. Licensing and retirement of pilots HB 342. Outlaw vehicles transporting lottery tickets HB 353. Records of Commissions by Secretary of State HB 360. Fix Peddlers Licenses HB 366. Fish Bill HB 383. Veterans School Bill HR 59-407A. Council of State Governments HB 419. Architects Bill HB 250. Oyster Bill HB 183. Feed Bill HB 298. Release powers of appointment HB 191. Insurance HB 163. Insurance HB 170. Insurance HB 207. To mark Confederate graves HB 224. Milk Bill HB 175. Narcotic Drug Bill HB 171. Bank and Loans HB 164. Insurance Tax

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:

TUESDAY, FEBRUARY 13, 1945

581

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

SB 115. By Senator Millican of the 52nd:
A bill to be entitled an act amending an act of the General Assembly making comprehensive provision for an integrated tax administration for the State of Georgia; and for other purposes.

SB 166. By Senator Millican of the 52nd:
A bill to be entitled an act amending an act creating a new charter for the City of East Point; and for other purposes.

SB 164. By Senator Caldwell of the 37th:
A bill to be entitled an act amending the charter of the City of Hogansville changing the form of government of said city; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 50. By Senator Yawn of the 48th:
A bill to be entitled an act prohibiting the trapping of certain wild animals at any time of the year in certain counties ; and for other purposes.

SB 75. By Senator Gross of the 31st and others:
A bill to be entitled an act providing for the protection of farmers m the purchase of planting seed; and for other purposes.

SB 158. By Senator Yawn of the 48th:
A bill to be entitled an act authorizing and directing the county authorities of Dodge county to compensate the sheriff for loss of turn-key fees; 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 35. By Messrs. Harris of Richmond, Gowen of Glynn, and others:
A bill to be entitled an act providing for the creation of the office of judge of the superior courts, emeritus; and for other purposes.

582

JOURNAL OF THE HOUSE,

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

SB 63. By Senator Welsch of the 39th:
A bill to be entitled an act to make it lawful to hunt or kill rabbits at any time in this state; and for other purposes.
Referred to the Committee on Game and Fish.

SB 101. By Senator Mavity of the 44th:
A bill to be entitled an act to prohibit the use of steel traps for catching wild animals in Walker county; and for other purposes.
Referred to the Committee on Game and Fish.

SB 115. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the motor fuel tax act by providing information, records and reports required under chapter 92-14 titled "Motor Fuel and Kerosene," shall be exempt from the provisions of this act; and for other purposes.
Referred to the Committee on Ways and Means.

SB 139. By Senators Harrell of the 7th and Branch of the 47th:
A bill to be entitled an act authorizing the state board of education to receive federal funds or other funds for adult education; and for other purposes.
Referred to Committee on Education No. 2.

SB 144. By Senators Harrell of the 7th and Causey of the 46th:
A bill to be entitled an act to officially adopt a system of coordinates for designating the positions of points on the surface of the earth within this state; and for other purposes.
Referred to Committee on State of Republic.

SB 163. By Senator Yawn of the 48th:
A bill to be entitled an act to amend the charter of the City of Eastman by providing city council shall not grant, renew or extend any public utility franchise in the City of Eastman without first having a referendum; and for other purposes.
Referred to the Committee on Municipal Government.

TUESDAY, FEBRUARY 13, 1945

583

SB 164. By Senator Caldwell of the 37th:
A bill to be entitled an act to amend the charter of the City of Hogansville by changing to a commission and city manager form of government instead of mayor and council; and for other purposes.
Referred to the Committee on Municipal Government.

SB 166. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of East Point to provide for absentee ballots; to provide a salary for the mayor and alderman; to provide the city may furnish a memorial home to the American Legion; and for other purposes.
Referred to the Committee on Municipal Government.

By unanimous consent, the following bill of the Senate was taken up for consideration, read the third time and placed upon its passage:

SB 113. By Senator Edenfield of the 2nd: A bill to be entitled an act to amend the charter of the City of Darien to authorize the city council to close certain 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 104, the nays 0. The bill having received the requisite constitutional majority was passed.

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

HB 144. By Messrs. Arnold of Spalding, Arnall of Coweta, Ray of Warren, and Lovett of Laurens:
A bill to be entitled an act to repeal section 13-401A of the code (Georgia Laws 1943, page 248), which is section 13-411 of the supplement to the code ; and for other purposes.
The report 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 133. By Messrs. Dykes of Bleckley, Smith and Hooks of Emanuel, Glisson of

584

JOURNAL OF THE HOUSE,

Evans, Moye of Randolph, Ray of Warren, Sapp of Dougherty, Harrison of Wayne, Watford of Long, Williams of Toombs, Guerry of Macon, Roughton and Jackson of Washington, Smith of Bryan, Barwick of Grady, and Giddens of Calhoun :
A bill to be entitled an act to authorize the Governor to purchase land and equipment to establish a live stock experiment station and to provide for the sale of the increase of livestock; and for other purposes.

The following amendment was read and adopted:
Mr. Dykes of Bleckley moves to amend HB 133 by striking from said bill section one in its entirety and substituting in lieu thereof a new section one to read as follows:
Section 1. That the Governor shall appoint a board of five men consisting of three outstanding farmers and two outstanding business men, no two of whom shall be residents of the same congressional district in Georgia, which board is hereby authorized and empowered to purchase a tract of land consisting of approximately two thousand acres of land located as near the central part of the State of Georgia as practical. Said board shall have authority to purchase the land at a price that it deems reasonable. Further moves to amend HB 133 by striking in the first line the word "Governor" and substitute in lieu thereof the words "said Board" so that said section when amended shall read as follows:
Section 5. Authority is hereby given said Board to purchase not less than 250 pure bred, registered, beef type heifers, 10 pure bred, registered bulls ,25 pure bred, registered sows and two pure bred, registered boars. These livestock to be placed on said land purchased under the authority of this act for breeding purposes. Live stock shall not be limited to one breed.

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 and nays were ordered and the vote was as follows:

Those voting in the affirmative were:

Adamson Alexander of Chatham Baker Bargeron Barwick Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Broome

Brumby Callaway Campbell
Cate~
Chance Chastain Cheshire Claxton Connell Connerat Cowart

Dorsey of Cobb Dorsey of White Dupree Durden Dykes Etheridge of Fulton Evitt Fortson Gammage Garrison Gaskins

TUESDAY, FEBRUARY 13, 1945

585

Giddens Glisson Gowen Greene Greer Guerry Guyton Hand Hardy of Hall Harrison of Jenkins Harrison of Screven Harrison of Wayne Hill Hinson of Jeff Davis Hinson of Ware Holbrook Holleman Holley Hooks Hubert Jackson Jennings of Sumter Kendrick King

Lancaster Lane Lewis Littlejohn Looper Lovett McNall Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Medders Miller Mosley Moye of Brooks Moye of Randolph Mullinax Murphy
Parham Parks
Phillips

Ray Riddlespurger Roughton Sapp Sheffield Shields Sills Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Upson Thrash Twitty Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Toombs Willis Wilson
Witherington Young

Those voting in the negative were:

Adams Almand Ansley Banks Barrett Battles Britton Brock Brooke Brunson Cheek Crowley Culpepper Dallis Ennis, Marion Gary Gavin Gibson Griswell

Hall Hardy of J ack:son Hart Hefner Herndon Herrin Hogg Hurst Johns Kelley Kenimer Kennon Key Maund McCurdy Massey Matthews of Peach Morrison Nicholson

Oden O'Shea! Pittman of Bartow P'ittman of Tift Porter Powell Price Ramey Rowland Seagler Seagraves Ritchie Sears Smith of Bryan Sumner Thornton Trotter Williams of Coffee Williams of Ware

586

JOURNAL OF THE HOUSE,

Those not voting were :

Alexander of Carroll Arnall of Coweta Arnold of Spalding Burch Crow DeFoor Ennis, J. H. Etheridge of Butts Fowler Freeman Gilbert Hampton Harden Hatchett Hicks

Hollis Holloway Jennings of Terrell Kent Knabb Lam Livingston McCracken Matthews of Paulding Mitchell Moore Oakley Odom Oliver Overby

Pannell Pennington Pettit Rossee Smiley Strickland of Pike Thompson Underwood Williams of Appling Williams of Gwinnett Williams of Jones Willoughby Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 104, the nays 65.

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

HB 67. By Mr. Phillips of Columbia:
A bill to be entitled an act to provide for the payment of premium taxes by all insurance companies doing business in this state to the insurance commissioner; to provide tax shall be paid on gross premiums without regard to business ceded or assumed; and for other purposes.
The following amendments were read and adopted:
Committee amendment to amend HB 67 as follows:
By striking section 4 thereof and inserting in lieu of section 4 a new section which reads as follows: "Section 4, Sub-division I, Section 7, Act 360, Laws 1935, and all laws and parts of laws in conflict with this act are hereby repealed.
Mr. Weaver of Bibb moves to amend Section l of HB 67 by inserting after the word "Counties" in the last line but one of said section the words "in a division."
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 Ill, the nays 6.
The bill having received the requisite constitutional majority was passed as amended.

TUESDAY, FEBRUARY 13, 1945

587

HB 147. By Messrs. Arnold of Spalding and Arnall of Coweta:
A bill to be entitled an act to amend Title 46 of the Code by adding a new section providing that state, county, city or town officials and employees may be garnisheed; and for other purposes.
The following committee amendment was read and adopted:
The blank date in section 46-804 shall be supplied and shall read "the last day of April, 1945."
Mr. Lewis of Hancock moved the previous question 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 109, the nays 4.
The bill having received the requisite constitutional majority was passed as amended.

HB 161. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to amend the homestead exemption law by providing for the filing of application exemption on April 1st instead of May 1st; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Adamson Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Baker Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb

Bloodworth of Houston Britton Brock Brooke Brumby Campbell Chastain Cheek Cheshire Claxton Connell Cowart Crowley Culpepper

Dallis Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Fulton Evitt Fortson Fowler Freeman Garrison Gary Gavin

588

JOURNAL OF THE HOUSE,

Giddens Glisson Gowen Greene Greer Griswell Guerry Hall Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Holleman Holley Hooks Hubert Hurst Jennings of Terrell Johns Kelley Kenimer

Kennon Key King Lam Lancaster Lane Lewis Littlejohn Livingston Looper McCurdy Mallard Mankin Mann of Henry Mann of Rockdale Manous Mason Matthews of Paulding Matthews of Peach Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson O'Shea! Parks Pannell Phillips Pittman of Bartow Pittman of Tift

Porter Price Ramey Ray Riddlespurger Rossee Rowland Sapp Seagraves Sears Sheffield Shields Smith of Emanuel Smith of Oglethorpe Strickland of Pike Sumner Thrash Trotter Twitty Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Coffee Williams of Toombs Willoughby Wilson Witherington Young

Those voting in the negative were:

Brunson Conner at Gaskins Guyton Harrison of Screven

Hogg Holbrook Hollis Jackson

Medders Parham Roughton Smith of Bryan

Those not voting were:

Alexander of Carroll Banks Bargeron Boynton Broome

Burch Callaway Cates Chance Crow

DeFoor Dorsey of Cobb Ennis, J. H. Etheridge of Butts Gammage

TUESDAY, FEBRUARY 13, 1945

589

Gibson Gilbert Hampton Holloway Jennings of Sumter Kendrick Kent Knabb Lovett Maund McCracken McNall Malone Massey

Miller Mitchell Moore Oakley Oden Odom Oliver Overby Pennington Pettit Powell Ritchie Seagler

Sills Smiley Sparks Strickland of Upson Swint Thompson Thornton Williams of Appling Williams of Gwinnett Williams of Jones Williams of Ware Willis Mr. Speaker

By unanimous consent verification of the roll call was dispensed with. On the passage of the bil, the ayes were 137, the nays 13. The bill having received the requisite constitional majority was passed.

HB 162. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to provide applications for exemptions on the household and kitchen furniture must be filed by April 1st instead of May 1st; and for other purposes.
The following amendment was read and adopted:
Mr. Bloodworth of Bibb moves to amend HB 162 by adding thereto a new section to be appropriately numbered and to provide as follows:
"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."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 117, the nays 3.
The bill having received the requisite constitional majority was passed as amended.

The speaker presented to the House Judge Earl Camp, Judge of the Superior Court, Dublin, Georgia, along with the Clerk of the Superior Court, Beddingfield of Dublin and Hon. Bob Lee of Burke County.

590

JOURNAL OF THE HOUSE,

The speaker recognized the presence in the gallery of the Seventh grade of the Marietta City Schools, Marietta, Georgia.

Mr. Durden of Dougherty moved that the House recess until 2:00 o'clock and the motion prevailed.

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

2 :00 o'clock P. M.
The speaker called the House to order.
The special and continuing order of business was resumed and the following bills of the Housee were taken up for consideration, read the third time and placed upon their passage:

HB 169. By Mr. Swint of Spalding:
A bill to be entitled an act to regulate enrichment of flour, bread, degerminated corn meal and/ or grits, prescribe penalties for violation thereof; and for other purposes.
By unanimous consent HB 169 was postponed until February 14th.

HB 282. By Messrs. Cates and Bargeron of Burke, Harris of Richmond, Mason of Morgan, Medders of Bacon, Barrett of Banks, Pettit and Pittman of Bartow, Ramey of Chatooga, Moye of Brooks, Brunson and Mallard of Bulloch, Manous of Cherokee, Dorsey of Cobb, Smith of Emanuel, Chance of Twiggs, Crowley of McDuffie, Holbrook of Forsyth, Jennings of Sumter, Almand of Walton, Battles of Decatur, Barwick of Grady, Holloway of Schley, Miller of Decatur, Campbell of Newton, 'Parham of Heard, Harrison of Screven, Adamson of Clayton, Thornton of Elbert, Gibson of Seminole, Sheffield of Miller, Mosely of Earley, Pannell of Murray, Witherington of Wilcox, Banks of Lamar, Roughton of Washington, Dykes of Bleckley, Williams of Toombs, Phillips of Columbia, McCracken of Jefferson, Underwood of Taylor, Gammage of Sumter, Giddens of Calhoun, Harrison of Jenkins, Hurst of Coweta, Sills of Candler, Mrs. Mankin, Kendrick and Etheridge of Fulton, McCurdy of DeKalb, Brumby of Cobb, Herndon of Hart, Fowler of Douglas, Hubert of DeKalb, Mann of Henry, Holley of Richmond, Mitchell of Monroe, Greene of Crisp, Seagraves of Madison, Jackson of Washington, Hill and Price of Clarke, Hogg of Marion, and Williams of Ware:
A bill to be entitled an act to provide a different method for the distribution of gasoline tax revenues to the various counties; and for other purposes.
~y unanimous consent HB 282 was postponed until February 14th.



TUESDAY, FEBRUARY 13, 1945

591

HB 73. By Mr. Price of Clarke:
A bill to be entitled an act to create the servicemen's resettlement corporation; to authorize the issuance of revenue bonds of the corporation, making such bonds legal investments and exempt from taxation; and for other purposes.
By unanimous consent HB 73 was postponed until February 14th.

HB 32. By Messrs. Key of Jasper and Livingston of Polk: A bill to be entitled an act to provide for the paying of annmt1es and benefits to the peace officers of the state; and for other purposes.
By unanimous consent HB 32 was recommitted to the Committee on General Judiciary No. 1.
HB 257. By Messrs. Hinson and Williams of Ware and Brock of Carroll: A bill to be entitled an act to repeal Section 24-1601 of the Code and provide a new section 24-1601 setting up a new schedule of fees for the justices of the peace; and for other purposes.
By unanimous consent HB 257 was postponed until February 14th.

HB l15. By Mr. Williams of Ware and Mrs. Mankin of Fulton:
A bill to be entitled an act to repeal in its entirety an act approved March 31, 1937, (Acts 1937, pp. 294-310) and to rewrite said act and establish a state board of registration for professional engnieers and land surveyors; and for other purposes.
The following amendment was read and adopted:
Mr. Williams of Ware and Mrs. Mankin of Fulton move to amend HB l15 as follows:
By inserting the following at the beginning of Section 17:
"That upon passage of this act all registrations previously issued under prior authority of the board and which have not expired or have not been revoked shall remain in full force and effect the same as if issued under the provisions of this act. In those cases where certificates of registration have previously been issued authorizing the practice of "surveying" the board shall issue, without charge, to each such registrant, upon surrender of the original certificate, a new certificate properly inscribed and authorizing the practice of "land surveying."
AND FURTHER AMENDS Section 32 sub-section (c) by striking the word "employer" where same appears in line three in the said sub-section and subsituting in lieu thereof the word "employee."

..

592

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 and nays were ordered and the roll call vote was as follows :

Those voting in the affirmative were:

Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Banks Bargeron Barrett Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Broome Brumby Brunson Campbell Cates Chance Cheek Cheshire Connell Connerat Crowley Culpepper Dallis Dorsey of Cobb Dorsey of White Dupree Durden Dykes Etheridge of Fulton Evitt Fortson Fowler Gammage Gibson Gilbert

Glisson Gowen Greene' Griswell Guerry Guyton Hand Harden Harrison of Jenkins Harrison of Screven Harrison of Wayne Hefner Hill Hinson of Ware Hogg Holleman Hooks Hubert Jackson Jennings of Terrell Kelley Kendrick Kenimer Kennon King Knabb Lam Lancaster Littlejohn Looper Maund McCracken McCurdy McNall Mallard Mankin Mann of Henry Manous Mason Matthews of Paulding

Matthews of Peach Mitchell Moore Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley O'Shea! Overby Parks Pannell Phillips Porter Price Ramey Ray Riddlespurger Ritchie Rowland Sapp Seagraves Shields Sills Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Trotter Twitty Watford Weaver Williams of Coffee Williams of Toombs Williams of Ware Willoughby Wilson Young

TUESDAY, FEBRUARY 13, 1945

593

Those voting in the negative were:

Adamson Black DeFoor Gavin Giddens Hart Herndon Herrin Hollis

Lane Livingston Massey Medders Miller Morrison Mosley Parham

Seagler Sears Sheffield Strickland of Upson Thompson Whaley Williams of Appling Witherington

Those not voting were:

Adams Alexander of Carroll
Baker Barwick Boynton Burch Callaway Chastain Claxton Cowart Crow Ennis, J. H. Eimis, Marion Etheridge of Butts Freeman Garrison Gary Gaskins Greer Hall Hampton

Hardy of Hall Hardy of Jackson Hatchett Hicks Hinson of Jeff Davis Holbrook Holley Holloway Hurst Jennings of Sumter Johns Kent Key Lewis Lovett Malone Mann of Rockdale Oden Odom Oliver

Pennington Pettit Pittman of Bartow Pittman of Tift Powell Rossee Roughton Smiley Smith of Bryan Sumner Swint Thornton Thrash Underwood Wells of Ben Hill Wells of Lincoln Williams of Gwinnett Williams of Jones Willis Mr. Speaker

By unanimous consent verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 119, the nays 25.
The bill having received the requisite constitutional majority was passed, as Amended.

HB 139. By Messrs. Brock and Alexander of Carroll, Hinson and Williams of Ware:
A bill to be entitled an act to establish a new scale of fees for constables of the militia districts of this State; and for other purposes.-

594

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 141. By Messrs. Arnold of Spalding, Arnall of Coweta and Ray of Warren:
A bill to be entitled an act to amend Section 13-2015 of the Code relating to the limit of loans on real estate by 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 hili, the ayes were 106, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 142. By Messrs. Arnold of Spalding, Arnall of Coweta and Ray of Warren:
A bill to be entitled an act to repeal Section 5 of Article XIX of the
banking law as codified in Section 13-2005 of the Code of Georgia of 1933, as amended, relating to examiners interview of directors, and to repeal sections 6, 7 and 8 of Article XIX; and for other purposes.
The report 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 143. By Messrs. Arnold of Spalding, Arnall of Coweta, Ray of Warren and Lovett of Laurens.
A bill to be entitled an act to repeal Section 13-401A of the Code of Georgia of 1933, relating to the verification by bank examiners of individual deposit 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 119, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 145. By Mr. Arnold of Spalding: A bill to be entitled an act to amend Section 14-209 of the Code so as to enlarge the definition of bearer paper by placing responsibility on the

TUESDAY, FEBRUARY 13, 1945

595

drawer for the acts of his agent who names a fictitious payee; and for other purposes.
The report 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 150. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend Code section 56-208 relating to boards of directors of insurance companies by striking the words "nor more than fifteen" and substituting the words "and as many additional as may be provided by the by-laws of such companies" ;and for other purposes.
The report 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 277. By Messrs. Durden of Dougherty and Hand of Mitchell:
A bill to be entitled an act to authorize the state, counties, municipalities or other sub-divisions of the state, to contract with the United States for the purchase, lease or acquisition of equipment, supplies of material; and for other purposes.
The report 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.

Mr. Durden of Dougherty moved that the House adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.

Leave of absence was granted to Mr. Campbell of Newton.

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. Wednesday, February 14, 1945.

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 scripture reading and prayer by Dr. Fred Smith, pastor of the First Baptist Church, Bremen, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, Chairman of the Committee on ]Qrnals, reported that the journal of yestedray's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
( 1) Introduction of bills and resolutions. (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) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.

Messrs. Hatchett and Thompson of Merriwether gave notice that at the next regular meeting of the House they would submit a motion instructing the Committee on Temperance to report the following bill back to the House:

HB 69. By Messrs. Hatchett and Thompson of Merriwether:
A bill to be entitled. an act to provide for the regulation and control of hte manufacture, purchase, sale, distribution, transportation, advertising and possession of alcoholic spirits, and to provide for state-owned liquor stores; and for other purposes.

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

l:IR 74. By Mr. Hand of Mitchell:
A resolution fixing the spedal and continuing order of business for Wednesday, February 14, 1945.

WEDNESDAY, FEBRUARY 14, 1945

597

The speaker presented to the House the Honorable Joe Johnson, of Cherokee county, former m~mber of the House and Senate.

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

HB 508. By Mr. Dupree of Pulaski:
A bill to be entitled an act to provide a salary for the sheriff of P'ulaski county in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 509. By Mr. Rowland of Johnson:
A bill to be entitled an act to provide the ordinary of Johnson county shall employ a certified public accountant to audit the books of the commissioners of roads and revenues as of February 28, 1945; and for other purposes.
Referred to the Committee on Counties and County Matters.

H B 510. By Mr. Sears of Atkinson:
A bill.to be entitled an act to fix the date for the election of the mayor and aldermen of the Town of Willacoochee; and for other purposes.
Referred to the Committee on Municipal Government.

HB 511. By Mr. Barrett of Banks:
A bill to be entitled an act to increase the compensation of the county commissioners and clerk of the board in Banks county; and for other purposes.
Referred to the Committee on Counties and County lVIatters.

HB 512. By Mr. Watford of Long:
A bill to be entitled an act to provide for five road districts in Long county; to provide five commissioners of roads and revenues, the method of electing; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 513. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the general tax act to exempt hotels from paying a tax on dance halls where they pay the tax provided for hotels; and for other purposes.
Referred to the Committee on Ways and Means.

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JOURNAL OF THE HOUSE,

HB 514. By Mr. Greer of Lanier:
A bill to be entitled an act to direct the board of regents 'Of the University System of Georgia to con!!truct and operate a hospital for the indigent sick at the state medical college; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 515. By Messrs. McNall and Alexander of Chatham:
A bill to be entitled an act to authorize electric street railroad companies to be sold by companies generating electric power without impairing their right to continue generating power; and for other purposes.
Referred to the Committee on P'ublic Utilities.

HB 516. By Mr. Malone of Laurens:
A bill to be entitled an act to prohibit gypsies camping in any county or municipality of this state unless a license is secured; to fix the minimum license fee of $1,000.00 for camping privileges; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 517. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act to amend the act approved March 29, 1937 (Ga. Laws 1937, p. 624) by prohibitiong the operation of restaurants, cafes, trailer parks or other public eating houses (except boarding houses) in unincorpated areas without first getting authority from the county authorities; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 518. By Mr. Giddens of Calhoun:
A bill to be entitled an act to require a deposit with the clerk of $10.00 with each petition for divorce as costs in Calhoun superior court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 519. By Messrs. Greer of Lanier, Knabb of Charlton and Hinson of Ware:
A bill to be entitled an act to increase the salaries of the directors of each division in the state division of conservation; and for other purposes.
Referred to the Committee on State of the Republic.

HB 520. By Mr. McCracken of Jefferson:

WEDNESDAY, FEBRUARY 14, 1945

599

A bill to be entitled an act to amend Code section 36-801, which names the class of persons entitled to condemn property by adding persons operating a grist-mill grinding grain for the public for tolls; and for other purposes.
Referred to the Committee on State of Republic.

HB 521. By Mr. Burch of Dodge:
A bill to be entitled an act to incorporate the town of Amoskeag in the County of Dodge; to provide for a mayor and council and other officers; and for other purposes.
Referred to the Committee on Municipal Government.

HB 522. By Mr. Strickland of Upson:
A bill to be entitled an act to prohibit a licensed optometrist from conducting the practice of optometry with a person or group of persons who are not licensed optometrists; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 523. By Mr. Lewis of Hancock:
A bill to be entitled an act to provide that tax collectors and tax commissioners shall have bonds executed by a corporate surety licensed to write surety bonds in this State; and for other purposes.
Referred to the Committee on Ways and Means.

HB 524. By Mr. Harrison of Jenkins:
A bill to be entitled an act to provide a method for calling an election in counties that have legalized liquor for the purpose of voting to stop the sale in such counties; and for other purposes.
Referred to the Committee on Temperance.

HB 525. By Mr. Harrison of Jenkins:
A bill to be entitled an act to prevent the sale of wine or beer within 100 feet of any school building in this state; and for other purposes.
Referred to the Committee on Temperance.

HB 526. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus by providing a salary of $100.00 per month to the mayor in addition to a salary as a member of the city commission ; and for other purposes.
Referred to the Committee on Municipal Government.

600

JOURNAL OF THE HOUSE,

HB 527. By Mr. Williams of Appling:
A bill to be entitled an act to authorize the county authorities in Appling County to pay the salary of the judge of city court of Baxley in quarterly payments; and for other purposes.
Referred to the Committee on Counties and County l\1atters.

HB 528. A bill to be entitled an act to amend the income tax law to provide the commissioner of revenues may require corporations to file consolidated returns when in his discretion conditions warrant same; and for other purposes.
Referred to the Committee on Ways and Means.

HB 507. By Messrs. Pittman of Bartow and Ray of Warren:
A bill to be entitled an act to amend Code Section 27-901 to provide that reasonable bail shall be available to all persons held, imprisoned, or detained except as otherwise provided ; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HR 75-523A. By Messrs. Parks of Lumpkin, Hardy of Hall, Boynton of Union, Sparks of Towns, Looper of Dawson, Dorsey of White, Garrison of Habersham and Fortson of Wilkes:
A resolution to direct the state highway department to pay L. T. Garrett $149.46 to repair the truck damaged by a state highway asphalt distributor; and for other purposes.
Referred to the Committee on Special Appropriations.

HR 76-523B. By Messrs. Parks of Lumpkin, Hardy of Hall, Boynton of Union, Sparks of Towns, Looper of Dawson, Dorsey of White, Garrison of Habersham and Fortson of Wilkes:
A resolution directing the state highway department to pay Roy Beck the sum of $12.00 for repairs to a truck damaged by a state highway asphalt distributor; and for other purposes.
Referred to the Committee on Special Appropriations.

HR 78-529A. By Messrs. Harris of Richmond, Fortson of Wilkes, Phillips of
Columbia, Brumby of Cobb, Harrison of Jenkins, Mankin of Fulton, Alexander of Chatham, Ray of Warren, Gowen of Glynn, Manous of Cherokee, Moye of Randolph, Smith of Emanuel, Williams of Jones, McCracken of Jefferson, Murphy of Haralson, Hubert, McCurdy and Broome of DeKalb, Evitt of Catoosa, Connerat of Chatham, Hinson of

WEDNESDAY, FEBRUARY 14, 1945

601

Ware, Willis of Irwin, Williams of Ware, Hardy and Lancaster of Hall, Matthews of Paulding, Oden of Pierce, Holleman of Muscogee, Cheshire of Colquitt, Almand of Walton, Littlejohn of Floyd, Williams of Coffee, Herndon of Hart, Mosley of Early, Thrash of Coffee, Sheffield of Miller, Williams of Gwinnett, Brock of Carroll, Griswell of Gwinnett, Trotter of Troup, Bargeron of Burke, Lam of Troup, Overby of Stewart, Shields of Muscogee, Britton of Whitfield, Seagraves of Madison, Willoughby of Clinch, Hill of Clarke, Campbell of Newton, Lane of Polk, Pittman of Tift, Parks of Lumpkin, Giddens of Calhoun, Brooke of Whitfield, P'rice of Clarke, Boynton of Union, Sparks of Towns, Hogg of Marion, Cates of Burke, Bloodworth of Houston, Kenimer of Harris, O'Sheal of Worth, Kelly of Walker, Pettit of Bartow, Mrs. Guerry of Macon, Ritchie of Rabun, Claxton of Camden, Moye of Brooks, Hurst of Coweta, Medders of Bacon, Beddingfield of Dooly, Smith of Oglethorpe, Dupree of Pulaski, Twitty of Mitchell, Barrett of Banks, Knabb of Charlton, Dorsey of Cobb, Burch of Dodge, Hefner of Pickens, Mason of Morgan, Chance of Twiggs, Bloodworth of Bibb, Arnall of Coweta, Etheridge of Fulton, Harrison of Screven, Pittman of Bartow, Rossee of Putnam, Key of Jasper, Dykes of Bleckley, Hollis of Chattahoochee, Greene of Crisp, Mullinax of Gilmer, Riddlespurger of Colquitt, Gary of Quitman, Kendrick of Fulton, Kennon of Cook, Sapp of Dougherty, Hart of Thomas, Freeman of Upson, Hinson of Jeff Davis, Nicholson of Oconee, Johns of Brantley, Garrison of Habersham, Williams of Toombs, Whaley of Tt>lfair, Barwick of Grady, Gibson of Seminole, Gamn:age of Sumter, Holbrook of Forsyth, Cowart of Lowndes, Sears of Atkinson, Baker of Floyd, Rowland of Johnson, Black of Webster, Seagler of Crawford, Strickland of Upson, Gaskins of Berrien, Mallard of Bulloch, Crowley of McDuffie, Mann of Henry, Sills of Candler, Gavin of Clay, Witherington of Wilcox, Banks of Lamar, Arnold of Spalding, Hall of Treutlen, Harden of Turner, Ansley of Lee, Jennings of Terrell, Adams of Wheeler, Porter of Gordon, Callaway of Greene, Ramey of Chatooga, Looper of Dawson, Fowler of Douglas, Dorsey of Cobb, Wells of Ben Hill, Morrison of Montgomery, Maund of Talbot, Holley of Richmond, Swint of Spalding, Etheridge of Butts and Moore of Taliaferro, and Crow of Walker:
A resolution proposing an amendment to the Constitution of 1877 and all amendments thereto, including the amendment to be submitted by the 1945 General Assembly revising the Constitution to provide the right of the people to re-elect or defeat any or all elective state officials shall not be abrogated, denied or abridged; and for other purposes.
Referred to the Committee on Amendments to Constitution No.2.
Mr: Harrison of Jenkins moved that the following bills of the House be engrossed and the motion prevailed:
HB 524. By Mr. Harrison of Jenkins:
A bill to be entitled an act to provide a method for calling an election

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JOURNAL OF THE HOUSE,

in counties that have legalized liquor for the purpose of voting to stop the sale in such counties; and for other purposes.

HB 525. By Mr. Harrison of Jenkins:
A bill to be entitled an act to prevent the sale of wine or beer within 100 feet of any school building in this state; and for other purposes.

Mr. Arnold of Spalding 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 182. Do Pass by substitute.
HB 327. Do Pass.
HB 484. Do P'ass.
HB 395. Do Pass.
Respectfully submitted, Arnold of Spalding, Chairman.

Mr. Young of Muscogee 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 instructed me as Chairman, to report the same back to the House with the following recommendations:

$B 125. Do Pass.

HB 392. Do Pass.

HB 354. Do Pass.

HB 350. Do Pass.

HB 416. Do Pass.

HB 493. Do Pass.

Respectfully submitted, Young of Muscogee, Chairman.

WEDNESDAY, FEBRUARY 14, 1945

603

Mr. Knabb of Charlton 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 37 Do Pass.
HB 346. Do Pass.
HB 393. Do Pass.
Respectfully submitted, Knabb of Charlton, Chairman.

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 bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 283. Do Pass.
HB 290. Do Pass. Respectfully submitted, Gowen of Glynn, 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 have instructed me as Chairman, to report the same back: to the House with the following recommendations:
HB 405. Do Pass.
HB 406. Do Pass.
HB 482. Do Pass.
HB 483. Do Pass.

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JOURNAL OF THE HOUSE,

HB 485. Do Pass. HB 488. Do Pass. HB 496. Do P'ass. HB 501. Do Pass. HB 502. Do Pass as amended. HB 503. Do Pass. HB 504. Do Pass. HB 505. Do Pass. HB 506. Do Pass.
Respectfully submitted,

Sills of Candler, Chairman.

Mr. Connell of Lowndes county, Chairman of the Committee on Public Utilrties, submitted the following report:
Mr. Speaker:
Your Committee on Public Utilities 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 93. Do Pass.
HB 95. Do Pass.
Respectfully submitted, Connell of Lowndes, Chairman.

Mr. Baker of Floyd county, Chairman of the Committee on P'enitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary have had under consideration the following bills of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:
HB 433. Do Pass.
HB 430. Do Pass.
HB 426. Do Pass.

WEDNESDAY, FEBRUARY 14, 1945

605

HB 429. Do Pass.

Respectfully submitted,

Baker of Floyd, Chairman.

Mr. Lewis of Hancock 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 32. Do Pass by substitute.

Respectfully submitted,

Lewis of Hancock, Chairman.

Mr. Fortson of Wilkes 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 94. Do Pass by substitute.

HB 272. Do Not Pass.

Respectfully submitted,

Fortson of Wilkes, Chairman.

Mr. Pannell of Murray county, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary have had under consideration the follow-

ing bills and resolutions of the House and Senate and have instructed me as Chair

man to report the same back to t..e House with the following recommendations:

HB 487. D~ P'ass.

J.

HB 490. Do P,ass.

606

JOURNAL OF THE HOUSE,

HB 497. Do Pass. HB 500. Do Pass. HR 57-401B. Do Pass. HR 67-458C. Do Pass. HR 68-558D. Do Pass. SB 105. Do Pass.
Respectfully submitted, Pannell of Murray, Chairman.

Mr. Dallas of Troup county, Vice-Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following resolution of the House and have instructed me as Vice-Chairman to report the same back to the House with the following recommendations:
HR 65-458A. Do Pass. Respectfully submitted, Dallas of Troup, Vice-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:
H B 281. Do pass.
HB 436. Do Pass.

HB 450. Do Pass.

Respectfully submitted.

Hicks of Floyd,

.I

I

Chairman.

Mr. Key of Jasper county, Chairman of the Committee on Public Property,

submitted the following report:

WEDNESDAY, FEBRUARY 14, 1945

607

Mr. Speaker:
Your Committee on Public Property 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 390. Do Pass. HR 56-401A. Do Pass. HR 73-SOOA. Do Pass.
Respectfully submitted,

Key of Jasper, Chairman.

Mr. Hand of Mitchell county, Vice-Chairman of the Committee on Drainage, submitted the following report:

Mr. Speaker:
Your Committee on Drainage have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the following recommendation:

HB 391. Do Pass.

Respectfully submitted,

Hand of Mitchell, Vice-Chairman.

Mr. Price of Clarke county, Chairman of the Committee on Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Veterans Affairs have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the House with the following recommendations:

SB 84. Do Pass.

Respectfully submitted,

Price of Clarke, Chairman.

Mr. Arnall of Coweta county, Chairman of the Committee on Ways and Means, submitted the following report:

608

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Ways and Means have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the following recommendation:

HB 181. Do Pass as amended. Respectfully submitted,

Arnall of Coweta, Chairman.

Mr. Wells of Ben Hill 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 and bills of the House to wit:
HB 51. HB 81. HB 88. HB 89. HB 117. HB 130. HB 135. HB 136. HB 165. HB 167. HB 194. HB 195. HB 202. HB 205. HB 217. HB 223. HB 244.

WEDNESDAY, FEBRUARY 14, 1945

609

HB 246. HB 273. HB 22. HB 34. HB 134. HB 241. HR 44. HR 79. HR 77.

Respectfully submitted,

Wells of Ben Hill, Chairman.

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

HB 93. By Mr. Greer of Lanier:
A bill to be entitled an act to amend code section 93-309 to provide that the Georgia public service commission may prescribe the maximum and minimum rates to be observed by carriers and utilities; and for otht>r purposes.

HB 94. By Mr. Fortson of Wilkes:
A bill to be entitled an act to provide a complete and comprehensive vital statistic law; to provide compulsory registration of births; and for other purposes.

HB 95. By Mr. Greer of Lanier:
A bill to be entitled an act to provide that the Georgia public service cornmission may provide by rules and regulations the procedure for rehearing on all orders entered by the commission; and for other purposes.

HB 181. By Messrs. Battles of Decatur and Twitty of Mitchell:
A bill to be entitled an act to amend code section 92-5712 so as not to allow a property owner to pay the taxes against a part of his property that has been returned or assessed with other property and secure a release from a lien for taxes; and for other purposes.

HB 182. By Mr. Arnold of Spalding: A bill to be entitled an act to amend code section 13-201 to provide that

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JOURNAL OF THE HOUSE,

banks incorporated by the superior courts shall not be defined as "Banks"; and for other purposes.

HB 281. By Messrs. Durden of Dougherty and Hand of Mitchell:
A bill to be entitled an act to amend chapter 113-6 of the code by adding a new code section providing that if subscribing witnesses to a will are absent in the armed forces, or dead or incapable of testifying, the court may admit the will to probate upon testimony of two disinterested witnesses that the signature is in the hand writing of the person making the will; and for other purposes.

HB 283. By Messrs. Cates and Bargeron of Burke:
A bill to be entitled an act to amend the general appropriation act, effective July 1, 1945, by striking the figures $4,300,000.00 for county road construction and substitute the figures $4,810,846.70; and for other purposes.

HB 290. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend the act creating the Atlantic states marine fisheries commission by striking section 6 and substituting a new section to provide for payment of expenses of the members from Georgia; and for other purposes.

HB 327. By Messrs. Pittman of Tift and Arnold of Spalding:
A bill to be entitled an act to amend code section 13-312 to fix the salaries of the assistant superintendent, examiners and clerks in the state banking department ;and for other purposes.

HB 346. By Messrs. Gammage and Jennings of Sumter:
A bill to be entitled an act to provide all candidates for the General Assembly in Sumter county shall specify the incumbent he desires to oppose; and for other purposes.

HB 350. By Messrs. Harris of Richmond, Durden of Dougherty, and Hand of Mitchell:
A bill to be entitled an act to provide that the state board of education may accept federal and other available funds and to provide for adult education; and for other purposes.

HB 354. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and Phillips of Columbia:
A bill to be entitled an act to provide county boards of education may pro-

WEDNESDAY, FEBRUARY 14, 1945

611

vide transportation for pupils and school employees, and to repeal code section 32-919; and for other purposes.

HB 390. By Mr. Oden of Pierte:
A bill to be entitled an act to strike section 15-304 and substitute a new section giving consent of the State of Georgia to the acquisition of lands by the federal government for national forestry, wild-life sanctuaries and land on which to build roads and bridges in the Okefenokee Swamp; and for other purposes.

HB 391. By Messrs. Maund of Tolbert, Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Phillips of Columbia, Hinson of Ware, Burden of Dougherty, Miller of Decatur, Hicks of Floyd, Williams of Toombs, Moye of Randolph, Hooks of Emanuel, Greer of Lanier, Brooke and Britton of Whitfield, Holley of Richmond, Brunson of Bulloch, Littlejohn of Floyd, Mitchell of Monroe, Etheridge of Fulton, Almand of Walton, MeN all and Alexander of Chatham, Arnall of Coweta, Fortson of Wilkes, Brumby and Dorsey of Cobb, Broome, Hubert and McCurdy of DeKalb, Ennis of Baldwin, Cates of Burke, King of Richmond, Key of Jasper, Kennimer of Harris, Pannell of Murray, Swint of Spalding, Dallis of Troup, tulpepper of Fayette, Hefner of Pickens, Bargeron of Burke, Cowart of Lowndes, Wilson of Bibb, Moye of Brooks, Thompson of Meriwether, Looper of Dawson, and Overby of Stewart:
A bill to be entitled an act to direct the wild life rangers of the state to construct traps with mesh large enough to allow passage of small fish but will trap tarepins and turtles; to provide that Rangers shall shoot wildcats; and for other purposes.

HB 392. By Mr. Greer of Lanier:
A bill to be entitled an act to provide local school units may maintain classes or schools for speech corrections and teaching the deaf; and for other purposes.

HB 393. By Mr. Greer of Lanier:
A bill to be entitled an act to repeal paragraph 5 of section 40-208 and substituting a new section providing the secretary of state shall keep a book of commissions issued to all officers, civil and military; and for other purposes.

HB 395. By Mr. Arnold of Spalding:
A bill to be entitled an act to provide for the filling of vacancies on the board of directors of banks occuring between regular stockholders' meetings; and for other purposes.

612

JOURNAL OF THE HOUSE,

HB 405. By Mr. Sheffield of Miller:
A bill to be entitled an act to consolidate the offices of tax receiver and tax collector of Miller county and create the offic;e of tar commissioner; and for other purposes.

HB 406. By Mr. Sheffield of Miller:
A bill to be entitled an act to abolish the present board of commissioners of roads and revenues for the County of Miller and to create a new board; and for other purposes.
HB 416. By Messrs. Holleman, Shields and Young of M uscogee:
A bill to be entitled an act to authorize municipal corporations maintaining independent school systems to add junior colleges thereto and support the same by taxation; and for other purposes.

HB 426. By Messrs. Baker of Floyd and Price of Clarke:
A bill to be entitled an act to authorize the state department of corrections to establish and operate a commissary for emp~oyees of the state;, and for other purposes.

HB 429. By Messrs. Baker of Floyd and Price of Clarke:
A bill to be entitled an act to provide the county in which a prisoner is convicted shall pay the transportation cost of said prisoner to the Georgia state penitentiary or receiving station; and for other purposes.

HB. 430. By Messrs. Baker of Floyd and Price of Clarke:
A bill to be entitled an act authorizing the department of corrections to construct stock gaps on roads traversing state property; and for other purposes.

HB 433. By Messrs. Baker of Floyd and Price of Clarke:
A bill to be entitled an act to provide for a clothing and transportation allowance for discharged prisoners and provide the county where he served shall pay same; and for other purposes.

HB 436. By Mr. Hicks of Floyd:
A bill to be entitled an act to repeal code section 85-1803 and substitute a new section 85-1803 relating to assignment of chases in action arising upon contract, accounts receivable or open accounts; providing for the rights of such debtors; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1945

613

HB 450. By Messrs. Dorsey of Cobb and Hicks of Floyd:
A bill to be entitled an act to limit the rate of interest of small loan companies licensed by the superintendent of banks; and for other purposes.

HB 482. By Mr. Adamson of Clayton:
A bill to be entitled an act to provide for assistant sand clerks for the tax commissioner of Clayton county and fix their compensation; and for other purposes.

HB 483. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to fix the salaries of the board of commissioners of roads and revenues of Spalding county; and for other purposes.

HB.484. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to amend code section 13-2023 so as to remove the limitation as to the amount of federal farm loan bonds that may be subscribed for by any bank ; and for other purposes.

HB 485. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act to fix the salary of the clerk of the commissioner of roads and revenues of Cobb county; and for other purposes.

HB 487. By Mr. Williams of Toombs:
A bill to be entitled an act to repeal an act approved March 18, 1937 (Georgia Laws 1937, pp. 1193-1195), which amended the act establishing the city court of Lyons; and for other purposes.

HB 488. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize the authorities of Fulton cqunty to adopt regulations for the prevention of fire and protection of property and lives against loss in unincorporated areas; to provide for zoning regulations and control of storage of inflammable materials and explosives; and for other purposes.

HB 490. By Mr. Williams of Toombs:
A bill to be entitled an act to amend the act creating the city court of Lyons by fixing the salary of the judge and solicitor of said court; and for other purposes.

HB 493. By Mr. Young of Muscogee: A bill to be entitled an act to amend code section 32-903 relating to county

614

JOURNAL OF THE HOUSE,

boards of education by providing a county having less than five militia districts shall select members above the number of militia districts from the county at large to make a fixed member board; and for other purposes.

HB 496. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to 'authorize l\tluscogee county to assign identifying numbers to all dwellings, stores and other structures in the county outside of municipalities; and for other purposes.

HB 497. By Mr. Watford of Long:
A bill to be entitled an act to amend the charter of the City of Ludowici to fix the salary of the judge and solicitor of said court; and for other purposes.

HB 500. By Mr. Manous of Cherokee:
A bill to be entitled an act to change the date of holding three terms of the superior court of Cherokee county; and for other purposes.

HB 501. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to change the name of the board of trustees of public schools of Columbus to the board of education and to provide for a superintendent of education; and to provide the board of education may establish junior colleges; and for other purposes.

HB 502. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to authorize the commissioner of roads and revenues of M uscogee county to adopt zoning ordinances, to name building inspectors and require building permits; and for other purposes.

HB 503. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to fix the salary of the judge, clerk, sheriff, deputy clerk and deputy sheriff of the municipal court of the City of Augusta; and for other purposes.

HB 504. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to fix the salary of the stenographer and bailiff to the superior court judge, the bailiff and stenographer of the solicitor general of the superior court; the salary of the bailiff of the solicitor of the city court and the stenographer and secretary to the city court judge of Richmond county; and for other purposes.



WEDNESDAY, FEBRUARY 14, 1945

615

HB 505. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide for a salary for the solicitor general of the Augusta judicial circuit; and for other purposes.

HB 506. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to change from a fee basis to a salary basis all officers of Richmond county who have previously received fees, and to fix the salaries; and for other purposes.

SB 37. By Senator Grayson of the 1st and others:
A bill to be entitled an act to provide that candidates may file itemized statement of expenses with the comptroller general or clerks of the superior court; and for other purposes.

SB 84. By Senator Stone of the 15th and others:
A bill to be entitled an act to create an integrated state department of vet erans service; to provide for the employment of members thereof and for a director of the department; and for other purposes.

SB 105. By Senator Edenfield of the 2nd:
A bill to be entitled an act to provide for four terms of Mcintosh superior court; and for other purposes.

SB 125. By Senators Causey of the 46th, Harrell of the 7th, and Branch of the 47th:
A bill to be entitled an act to authorize the state board of education to receive federal and other funds for the construction and improvement of school houses; to provide for the inspection of school houses; and for other purposes.

HR 56-401A. By Mr. Massey of Dade:
A resolution authorizing the Governor to trade certain land owned by the state for 100 ac.res adjoining the state park in Dade county; and for other purposes.

HR 57-401 B. By Messrs. Bargeron and Cates of Burke:
A resolution to relieve Zuinton Rogers as surety on the bond of Tom Smith, who was apprehended; and for other purposes.

HR 65-458A. By Messrs. Kelly and Crow of Walker: A resolution directing the joint secretary, state examining boards, to pay



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B. R. Swanson $490.00 as balance on salax:y from funds of the State Board of Barber and Hairdresser Examiners; and for other purposes.

HR 67-458C. By Mr. Brook of Whitfield:
A resolution relieving Charles V. Burch as surety of Manuel Stafford m Whitfield county; and for other purposes.

HR 68-458D. By Messrs. Smith of Bryan, Smiley of Liberty, Watford of Long,
Oliver of Tattnall, and Glisson of Evans:
A resolution directing the Governor, the Agricultural and Industrial Development Board, each department head, and all state employees to work towards bringing about the return of all property comprising Camp Stewart military reservation to its original owners; and for other purposes.

HR 73-SOOA. By Mr. Claxton of Camden:
A resolution authorizing the Governor to convey a certain tract of land to Camden county; and for other purposes.

The following messages were received from the Senate through Mrs. Henry W. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House to wit:

HR 79. By Mr. Harris of Richmond:
A resolution by the House, the Senate concurring, that the General Assembly meet in joint session at 4:00 o'clock p. m. February 1, 1945, in the House of Representatives, for the purpose of listening to an address of the Honorable Howard A. Dawson on federal aid education.
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House to wit:

HB 384. By Messrs. Mankin, Etheridge and Kendrick of Fulton:
A bill to be entitled an act amending an act establishing a new charter for the City of Atlanta by adding a new paragraph dealing with the revenues of the school department; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House to wit:

WEDNESDAY, FEBRUARY 14, 1945

617

SB 165. By Senator Millican of the 52nd:
A bill to be entitled an act amending an act providing that cities having a population of more than 50,000 shall furnish pensions to all officers and employees of such cities; and for other purposes.

HB 317. By Mr. Willoughby of Clinch: A bill to be entitled an act amending an act incorporating the Town of Homerville ; and for other purposes.
HB 291. By Mr. Dorsey of White: A bill to be entitled an act amending an act creating a board of county commissioners for White county by fixing the salary of the clerk at $400.00 per year; and for other purposes.
HB 296. By Messrs. Bargeron and Cates of Burke: A bill to be entitled an act amending an act incorporating the Town of Waynesboro so as to authorize the Mayor and Council to sell and dispose of property belonging to said municipality; and for other purposes.

HB 301. By Messrs. Arnold and Swint of Spalding: A bill to be entitled an act to empower the Griffin-Spalding county hospital authority to invest monies received; and for other purposes.
HB 302. By Mr. Campbell of Newton: A bill to be entitled an act fixing the salary of the treasurer of Newton county; and for other purposes.
HB 304. By Mr. Bloodworth of Houston: A bill to be entitled an act amending an act creating a new charter for the City of Perry by defining its territorial limits; and for other purposes.
HB 323. By Messrs. Hand and Twitty of Mitchell: A bill to be entitled an act relating to the City of Pelham by authorizing the mayor and council to extend the limits thereof; and for other purposes.

HB 326. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to amend the act providing a new charter for the City _of Gainesville; and for other purposes.

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SB 184. By Senator McGinty of the 43rd:
A bill to be entitled an act amending the charter of the City of Calhoun by authorizing a levy of taxes not to exceed 1.5% on real and personal property; and for other purposes.

HB 328. By Mr. Ray of Warren:
A bill to be entitled an act amending an act creating a commissioner of roads and revenues of Warren county; and for other purposes.

HB 329. By Mr. Hefner of Pickens:
A bill to be entitled an act amending the charter of the Town of Jasper by defining the rights, powers and duties of the municipal government; and for other purposes.

HB 332. By Mr. Gaskins of Berrien:
A bill to be entitled an act amending an act creating a county tax commissioner for Berrien county by fixing his compensation; and for other purposes.

HB 334. By Mr. Fowler of Douglas:
A bill to be entitled an act to abolish the county treasurer of Douglas county by prescribing additional duties for the board of commissioners of roads and revenues; and for other purposes.

HB 345. By Mr. Matthews of Peach:
A bill to be entitled an act amending the charter of the City of Fort Valley by defining the duties of the water and light commission; and for other purposes.

HB 358. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act amending the charter of Valdosta; and for other purposes.

HB 403. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act amending an act creating the board of commissioners of roads and revenues for the County of Folk by describing the method of election thereof; and for other purposes.

HB 411. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act amending an act creating the board of commissioner of roads and revenues by providing for the election and removal of the clerk thereof; and for other purposes.

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619

HB 414. By Mr. Burch of Dodge:
A bill to be entitled an act amending an act establishing the city court of Eastman by defining its jurisdiction and powers; and for other purposes.

HB 415. By Mr. Burch of Dodge:
A bill to be entitled an act providing for the appointment of a probation officer for Dodge county; and for other purposes.

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

SB 50. By Senator Yawn of the 48th:
A bill to be entitled an act to prohibit the trapping or taking of muskrat, mink, beaver, otter, raccoon, o'possum, skunk, bobcat, fox and weasel, at any time of the year in certain counties, and to provide a penalty and punishment for a violation of this act; and for other purposes.
Referred to the Committee on Game and Fish.

SB 75. By Senators Gross of the 31st, Nix of the 32nd, Norton of the 33rd, Minchew of the 5th, Edenfield of the 2nd, Freeman of the 22nd, Bentley of the 25th, Holsenbeck of the 27th, Cook of the 42nd, and Chastain of the 41st:
A bill to be entitled an act to provide for the protection of farmers in the purchase of planting seed; to provide regulations for the packaging, labeling, sale and offering or exposing for sale of the same; to fix penalties for violation thereof; and for other purposes.
Referred to the Committee on General Agriculture No. 1.

SB 158. By Senator Yawn of the 48th:
A bill to be entitled an act to authorize and direct the county authorities
of the County of Dodge to pay J. C. Lewis, former sheriff, the sum of
$1,775.80 from the county treasury to compensate him for loss of turn key fees.
Referred to the Committee of 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 336. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide a system of pensions for employees of the board of health of Richmond county; 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 337. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to establish a budget system for the county board of education 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 105, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 422. By Mr. Burch of Dodge: A bill to be entitled an act to establish a five-man board of commissioners of roads and revenues for Dodge county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 435. By Mr. Porter of Gordon: A bill to be entitled an .act to fix the salary of the tax commissioner of Gordon 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 441. By Mr. Burch of Dodge:
A bill to be entitled an act to abolish the office of commissioner of roads and revenues for Dodge county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.

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621

The bill having received the requisite constitutional majority was passed.

HB 446. By Mr. Ramey of Chattooga:
A bill to be entitled an act to abolish the present board of commissioners of Chattooga county and create a new 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 449. By Messrs. Holleman, Shields and Young of M uscogee:
A bill to be entitled an act to authorize the board of trustees of the public schools of Columbus to sell any property, real or personal, under their control, and to invest the proceeds of such sales; and for other purposes.
The report 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 451. By Mr. Greer of Lanier:
A bill to be entitled an act to provide a method for filling vacancies of mayor or aldermen of the City of Lakeland; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 452. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick to ratify the closing of certain portions of Amherst and Wolf streets and confer additional powers upon the city 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 112, the nays 0.
The bill having received the requisite constitutional majority was passed.

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JOURNAL OF THE HOUSE,

HB 454. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide minimum salaries or wages for officers and men in the fire department of the City of Augusta; and for other purposes.
The report of the commit.tee, 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 456. By Messrs. Broome, Hubert and McCurdy of DeKalb, Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Atlanta to extend the city limits 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 114, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 457. By Messrs. Broome, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur by providing for the assessment of sanitary taxes and the method of collecting; and for other purposes.
The report 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 459. By Messrs. Holleman, Shields and Young of M uscogee:
A bill to be entitled an act to amend the charter of the City of Columbus by extending 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 116, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 463. By Mr. Almand of Walton:

WEDNESDAY, FEBRUARY 14, 1945

623

A bill to be entitled an act to amend the charter of the City of Monroe to authorize the city to establish and maintain a municipal freezer locker plant; and for other purposes.
The report 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 466. By Messrs. Brock and Alexander of Carroll:
A bill to be entitled an act to amend the charter of the City of Carrollton to provide the method of taxing property not returned, to provide closing date for registration of voters; to provide for the election of a mayor and city councilmen; and for other purposes.
The report 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 467. By Messrs. Brock and Alexander of Carroll:
A bill to be entitled an act to authorize the commissioners of Carroll county to furnish gas, oil and repairs for the car used by the sheriff of Carroll county, and charge same to court expense; and for other purposes.
The report 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 469. By Mr. Willoughby of Clinch:
A bill to be entitled an act to fix compensation for members of the board of commissioners of roads and revenues for Clinch county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, the nays 0.
The bill having received the requisite constitutional majority was passed.

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JOURNAL OF THE HOUSE,

HB 475. By Mr. Giddens of Calhoun:
A bill to be entitled an act to fix the salary and expenses of the commis. sioners of roads and revenues of Calhoun 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 121, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 476. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to provide title to a certain tract of land shall be in the City of Macon and to authorize its sale; and for other purposes.
The report 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 wnstitutional majority was passed.

HB 480. By Mr. Burch of Dodge:
A bill to be entitled an act to fix the salary of the tax commissioner of Dodge county at $4800.00 per annum for the duration of the 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 123, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 100. By Senator Bennett of the 17th:
A bill to be entitled an act to amend the charter of the City of Sylvania to create a pension fund for city employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 103. By Senator Cloud of the 19th: A bill to be entitled an act to amend the charter of the City of Crawford-

WEDNESDAY, FEBRUARY 14, 1945

625

ville, to provide a water works superintendent; to provide for a city treas urer; to fix the salary of the marshal and night watchman and to provide
for a clerk of city council; and for other purposes.
The report of the ~ommittee, 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.

SB 110. By Senator Grayson of the 1st:
A bill to be entitled an act to amend the charter of the City of Savannah by repealing 'all acts relating to pensions of city employees except the act approved February 11, 1941, with certain exemptions; and for other purposes.
The report 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.

SB 120. By Senator Greene of the 21st:
A bill to be entitled an act to amend the charter of the City of Gray to enlarge the administrative powers of 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 126, the nays 0. The bill having received the requisite constitutional majority was passed.

The following resolution was read and adopted:

HR 77. By Mr. Durden of Dougherty:
A resolution providing for a joint session of the General Assembly in the Hall of Representatives at 12:30 p. m. on Wednesday, February 14, 1945, for the purpose of hearing a message from his ex~ellency, the Governor.
The speaker appointed on the part of the House the following members of the House as a Committee of Escort to the Governcrr: Messrs. Gowen of Glynn and Hinson of Ware.

Mr. Kent of Glascock county, Chairman of the Committee on Enrollment, submitted the following report:

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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 334.

Respectfully submitted,

Kent of Glascock, Chairman.

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

HR 77. By Mr. Durden of Dougherty:
A resolution by the House, the Senate concurring, that the General Assembly convene in joint session in the Hall of the House of Representatives at 12:30 p. m. on Wednesday, February 14, 1945, for the purpose of hearing a message from his excellency, the Governor:
The president of the Senate has appointed on the part of Senate as a Committee of Escort the following members of Senate: Senators Turner of the 34th, Minchew of the 5th and Edenfield of the 2nd.

The following committee report was ordered filed:
Mr. President
Mr. Speaker
Your Joint Committee appointed to inspect the Alabama State Docks at Mobile and to report on the advisability of constructing state owned docks and terminal facilities at Georgia ports begs to submit the following report:
The inspection of the Alabama State Docks was made February 9 and 10, 1945, by your committee and representatives of the ports of Savannah and Brunswick. We made a careful inspection of the state port facilities with the engineers and officials of the state docks, a study of the harbor, shipbuilding and industrial development and interviews with the designing and construction engineers, shipping officials and operators of the facilities.
The state dock system was developed by the State of Alabama beginning in 1925. More than $12,000,000 of state funds, supplemented by federal funds for improving the channel, have been put into the improvement. There ar,. three steel and concrete piers, each 1600 feet long, which take care of berthing 22 ocean going ships. Ware-

WEDNESDAY, FEBRUARY 14, 1945

627

houses cover more than 40 acres. There are bulk material handling facilities with a capacity of over 600 tons per hour. This plant is used mainly for handling bauxite, coal and manganese. It can berth three vessels at one time.
The cold storage and quick freezing plant with 500,000 cubic feet of storage space is used most successfully for seafoods, meats, vegetables and fruits, and was added after the original construction. Berth space for two ships is provided at the cold storage plant.
A most important unit constructed later was a shipside nitrate and bulk chemical handling and sacking plant with 50,000 ton storage capacity.
The Alabama State Port covers 550 acres of reclaimed tidal swamp land served by a terminal railroad with complete equipment. The state port began operation in June, 1928. In 1943 it handled 3,000,000 net tons of cargo. Terminal charges are based on published tariffs. Export items include naval stores, pig iron, lumber and logs, iron and steel articles, tin plate, cotton and cotton goods, tobacco, kraft paper, packing house products and coal. Imports are sugar, newsprint, bauxite and iron ore, manganese, bananas, crude rubber, wood pulp, nitrates and other fertilizers. Bauxite ore from Dutch Guinea is processed in the plant on the state dock site and the alumina used in various aluminum products is then shipped by rail to the different manufacturers.
Satellite industries an the state port property in addition to the aluminum plant include several oil terminals, the nitrate sacking and storing plant, cotton compresses and the cold storage plant.
At this time plans h'ave been. prepared and arrangements made for additional facilities to be built in the immediate postwar period at a cost of $10,000,000.
Interviews with the different shipping interests, engineers and local officials provided many interesting highlights. Among those contacted were C. E. Sauls, director of the state docks; E. A. Roberts, chairman of the board, Waterman Steamship Company; G. C. Dixon, manager Mobile branch, Strachan Shipping Company; J. B. Converse, designing engineer in charge of construction; and Mayor Baumhauer of Mobile.
Most significant are the origin countries of the imports and the terminal countries of exports. Manganese is shipped from Brazil and Cuba; bauxite from Dutch Guinea on the Caribbean Sea; nitrates from Chile; copper from Chile; bananas from Central America; coffee from Brazil and Venezuela. Coal is shipped to Europe and South America; iron and steel products go throughout the world; canned goods, textiles, lumber, seafood and packing house products are shipped to Europe.
A big potential for the Georgia ports is peanut shipments to England and other foreign countries for processing into food products and oils. The cultivation of soy beans in Georgia will find a ready foreign market through the Georgia ports. Cotton and textile products, sweet potatoes, pecans, naval stores, forest products, including wood pulp, plastics, plywood, draft paper and newsprint will all flow through improved Georgia ports. With cold storage and quick freezing units, seafoods, peaches, apples, other fruits and packing house products will be marketed through the Georgia

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port facilities. The state ports will promote shipment of kaolin and clay products from central Georgia.
Many foreign products now being shipped through other ports into this country could be most economically handled through modernized facilities at the Georgia state ports. As an example, it is estimated that $5,000 and a great deal of time could be saved on a ship's cargo of manganese from Brazil if routed through Georgia's ports.
Governor Chauncey Sparks of Alabama stated, "In my opinion no single investment that Alabama has ever made has contributed as bountifully to the progress of the state as the Alabama State Docks. It is easy to see the direct results but it is impossible to measure the indirect benefits that have accrued since this great project was started."
We earnestly recommend to the General Assembly the adoption of legislation establishing an authority to construct and operate dock and terminal facilities at Georgia's ports.
We could not complete this report without expressing the thanks of the committee and its appreciation for the wonderful entertainment and cooperation which we were given on every hand. It is impossible to mention all of those who assisted us but in addition to those already mentioned in this report we are particularly grateful to Mr. William G. Hastings of the Dinkier Hotel system who did all that could possibly have been done for our comfort and convenience, and Mr. Pat Moulton, manager of the Public Relations Department of the Waterman Steamship Company, who were untiring in their efforts on our behalf.
The Lieutenant Governor of Alabama, the Honorable L. H. Ellis, and the Governor's executive secretary, the Honorable George Jones, were with us on our trip of inspection and gave us every facility at the command of the State of Alabama for a successful inspection of their docks.
Edenfield of 2nd Welsch of 39th Gould of 4th Causey of 46th Edwards of 28th Hawes of 30th, Chairman Walker of 45th Stone of l 5th
Of the Senate
Durden of Dougherty McCracken of Jefferson Jack B. Ray Geo. L. Smith Moye of Randolph Dykes of Bleckley Wayne Hinson Evitt of Catoosa

WEDNESDAY, FEBRUARY 14, 1945

629

Holleman of Muscogee Spencer Connerat Alexander of Chatham MeN all of Chatham Gilbert of Glynn Gowen of Glynn Dorsey of Cobb Fortson of Wilkes Phillips of Columbia Cheshire of Colquitt Harrison of Jenkins T. Guy Connell

Under the special and continuing order of business established by HR 71 the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 73. By Mr. Price of Clarke:
A bill to be entitled an act to create the Servicemen's Resettlement Corporation; to authorize the issuance of revenue bonds of the corporation, making such bonds legal investments and exempt from taxation; and for other purposes.
The following amendments to HB 73 were read and adopted:
Mr. Alexander of Chatham moves to amend HB 73 by adding to chapter VI, section I, the following sentence:
"However, no individual loan shall be made by said corporation in excess of the sum of four thousand ($4,000.00) dollars."
Mr. Roughton of Washington moves to amend HB 73 by adding at the end thereof a new section to be known as section - - to read as follows:
"This act shall take effiect when proclaimed by the Governor. The Governor shall proclaim this act effective when he determines that its operation is required for the benefit of the veterans of this state."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

HB 169. By Mr. Swint of Spalding: A bill to be entitled an act to regulate enrichment of flour, bread, degerm-

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JOURNAL OF THE HOUSE,

inated corn meal and/or grits, prescribe penalty for violation thereof; and for other purposes.
The following amendments to HB 169 were read and adopted:
Mr. Swint of Spalding moves to amend HB 169 as follows:
Change section 1 (b) to read as follows:
The term "bread" includes and shall be limited to the foods commonly known and described as white bread and rolls, including, but not restricted to, Vienna bread, French bread, and Italian bread and rolls of the semi-bread dough type, such as soft rolls, hamburger, hot dog, P'arker House, etc., hard, rolls, such as Vienna, Kaiser, etc., all made without fillings or icings but shall not include sweet yeastraised rolls or sweet buns, cinnamon rolls or buns, butterfly rolls, etc.
Change section 2 (c) to read as follows:
The commissioner of agriculture is empowered with the authority and may change, or add to, in his discretion, the specifications for ingredients and the amounts thereof, in order that they shall conform to the federal definition of enriched flour when promulgated or as may from time to time be amended.
Change section 3 (b) to read as follows:
The commissioner of agriculture is empowered with the authority and may change or add to, in his direction, the specifications for ingredients and the amounts thereof, in order that they shall conform to the federal definition of enriched bread when promulgated or as may fro mtime to time be amended.
Change section 4 (c) to read as follows:
The commissioner of agriculture is empowered with the authority and may change, or add to, in his discretion, the specifications for ingredients and the amounts thereof, in order that they shall conform to the federal definition of enriched degerminated corn meal or enriched degerminated grits when promulgated or as from time to time may be amended.
Amend HB 169 by striking out wherever it appears the notation commtsswner of the department of agriculture and inserting the term, "commissioner of agriculture."
Messrs. Harris of Richmond, Lovett of Laurens and Marion Ennis of Baldwin move to amend HB 169 by striking from the first paragraph of section 2 thereof the following language where it appears: "in the discretion of the commissioner of agriculture."
They move further to amend said bill by striking from the first paragraph of section 3 the following language where it appears: "in the discretion of the commissioner of agriculture."
They move further to amend said bill by striking from the first paragraph of

WEDNESDAY, FEBRUARY 14, 1945

631

section 4 wherever it appears the following language to wit: "in the discretion of the commissioner of agriculture."
Mr. Seagraves of Madison moves to amend HB 169 by adding at the end of section SD new subsection to be known as subsection E as follows:
Subsection E. That nothing in this act shall apply to mills doing custom grinding of wheat, whose capacity is 20 bushels of wheat per hour or less, and for custom mills that do not use artificial methods for bleaching flour.
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 127, the nays 4.
The bill having received the requisite constitutional majority was passed as amended.

HB 282. By Messrs. Cates of Burke, Bargeron of Burke, Harris of Richmond, ~Iason of Morgan, and others:
A bill to be entitled an act to provide a different method for the distribution of gasoline tax revenues to the various counties; and for other purposes.
This bill involving an appropnatwn, the House was resolved into a committee of the whole House to consider HB 282 with the instructions not to read the bill in its entirety, and the speaker designated Mr. Hand of Mitchell as chairman thereof.
The committee of the whole House arose, and through its chairman, reported HB 282 back to the House with the recommendation that the same be passed as amended.
The hour of convening to joint session of the General Assembly and the Senate having arrived, the Senate appeared on the floor of the House, and the joint session convened for the purpose of hearing a message from his excellency, the Governor, and was called to order by Honorable Frank Gr<?ss, president of the Senate.
The secretary of the Senate rea~ the resolution providing the joint session.
Accompanied by the committee of escort and other distinguished guests, the Governor appeared on the floor of the House and addressed the members.
Mr. Durden of Dougherty moved that the joint session of the General Assembly do now dissolve and the motion prevailed, and the joint session was dissolved.

The speaker called the House to order.

Mr. Durden of Dougherty moved that the House take a recess until 2 o'clock

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JOURNAL OF THE HOUSE,

this afternoon, the motion prevailed, and the speaker ordered the House recessed until 2 o'clock this afternoon.
The hour for reconvening having arrived, the speaker called the House to order.
The following resolution was read and adopted:

HR 79. By Mr. Harris of Richmond:
A resolution providing for a joint session of the General Assembly at 4 o'clock p. m. February 14, for the purpose of hearing an address by Honorable Howard A. Dawson.

The following committee report was read and ordered filed:
On February 2nd, the Committee on State Prison Farm visited the farm at Reidsville. Arriving at the state prison about one p. m., the Warden was called from his home and he immediately got the general supervisor of the state farm to ride with us.
We first noticed that several large tracts of the farm had been planted in winter crops but apparently were planted about two months late. The supervisor informed us that they started planting winter crops about November 15th and it took them some time thereafter to finish. The delay in starting was attributed to the fact that they were unable to obtain certain parts for some type of cultivator used in planting the seed. The winter peas certainly will do the land very little good and the oats will not make much of a crop due to the late planting.
We were informed by those in charge that the gathering of corn had been completed about January 15th. The entire hay crops raised on the farm last year will only last until about February 15th.
We found about 200 acres of peanuts and apparently nothing to eat them. If there were hogs to be turned in on these it seemed to us that the time was getting a little late to reap full benefit of the peanuts and to utilize the land for a crop this year.
A majority of the feed being given cattle had been bought, although they still had a small amount of silage feed. that they were using.
At one place we f9und approximately 50 bushels of corn piled in the woods without shelter so that it would be nearby for feeding hogs.
Traveling around the farm we noticed a large woods fire scattered over about one-half of a mile. No effort was being made to extinguish the fire, but apparently they were permitting it to destroy the woods.
It is our understanding that they have about 93 work horses and mules, 56 of which they were working the day of our inspection. Although some congestion is necessary in order to guard the prisoners while at work, there were possibly 12 or 15 plows working within a tract of about one acre. This sometimes made it necessary
that 5 or 6 plows be stopped at one time while the one in front was making a turn.

WEDNESDAY, FEBRUARY 14, 1945

633

We specifically requested to see the men that were at work. We were shown only about 75 men which includes all farm operations being carried on that day.
We particularly noticed the poor condition of the beef cattle. In one pen about 12 feet by 25 feet, with only a poor shelter, the~e were 17 apparently pure bred calves, 6 of these were blind and one was dead lying on the ground and apparently had been there for at least 12 hours. No one was giving any attention to these calves. Some of them apparently had some form of mange.
They still had on hand about 48 of the 51 milk cows for which the state paid during the past fiscal year $23,350.00. The bull costing $4,000.00 was apparently in excellent condition. We found that there were approximately 20 pure bred male calves which will be used for beef, whereas if some provisions were possible they could be sold at a high price as stock bulls. The Jersey herd of cattle included several calves were in very good condition and were apparently receiving good care. We saw one group of milk cows apparently not pure bred which we understand through good supervision and proper care the milk production had been increased from 17 gallons daily to about 100 gallons per day.
There were two service Jacks in a disgraceful condition from starvation and lack of care. We were informed that these had recently been transferred from the state experiment station. It was apparent that nothing was being done for them and certainly the condition of their feet was deplorable. The work mules were in very good condition.
Many of the board fences, barns, etc., about over the farm were being neglected and badly in need of repairs.
According to the reports, the farm had about 1500 laying pullets in October, 1943, and at that time purchased an additional 5,000. We were given to understand that only 4,400 of the 5,000 were delivered-what disposition was made of the balance we were unable to determine. This gave them approximately 5,900 laying pullets in October, 1943, but on the day of our inspection there were only about 400 laying pullets according to our count and statement by one of the men in charge of the chickens. We were also informed that at the time the 5,000 laying pullets were purchased for $4,000.00, the farm had very little provisions for taking care of them and due to this fact they had been feeding the laying pullets to the prisoners. Out of the remaining 400 they were receiving only about 12 dozen eggs daily.
We found no permanent pastures for cattle or hogs.
In traveling around without a guide, we found apparently a truck load of lime dumped in the woods in the rear of the prison. We were unable to determine whether or not the lime was dead at the time it was dumped. We found an estimated 5,000 empty, heavy cloth, cement bags dumped in the woods. Apparently no effort had been made to wash the sacks and keep them for some good use. Also it was out understanding that these sacks could have been returned to the cement company with a credit of about lOc each, or $500.00. There was a truck load of mattresses and pillows dumped in the woods which apparently could have been sterilized, cleaned and re-worked at the prison mattress factory. \Ve estimated that there

634

JOURNAL OF THE HOUSE,

were 4 or 5 box car loads of tin cans, mostly gallon size, that had been dumped in the woods instead of being utilized in the war effort as scrap metal.
Fractically all the work being done in constructing the barns and other farm buildings were being done by $1.12% per hour labor. As a matter of fact, we did not see any convict labor being used in building construction.
Those in charge of the prison and farms were very cooperative but there seems to be a great lack of proper supervision in connection with the farm and cattle raising.
We recommend :
1. That a good executive and superintendent be placed m charge of the entire prison farm operations.
2. That a good farm supervisor be provided.
3. That more prisoners be put to work on the farm.
4. That some immediate provisions be made for public sale of pure bred bulls to Georgia farmers and that such sales be restricted so that only one bull may be sold to each farmer.
Respectfully submitted, Robert L. Harrison, Member of the Committee.
Approved, February 14, 1945.
R. L. Watford, Sr., Secretary of Committee, State Prison Farm.

The House continued its consideration of HB 282.
Mr. Gowen of Glynn moved the previous question, the motion prevailed and the main question was ordered.
The following amendments were read and adopted:
Messrs. Phillips of Columbia and Smith of Emanuel moved to amend HB282 by striking from Section 1 the amount of $100,868.81 opposite the County of Burke and inserting in lieu thereof the amount of $75,000.00 and by striking the amount of $77,206.32 opposite the County of Fulton and inserting in lieu thereof the amount of $75,000.00.
Messrs. Cates of Burke, Mason of Morgan and Gowen of Glynn moved to amend HB 282 by striking sub-section (g) and (h) in their entirety and substituting in lieu thereof two new sections to read as follows:
Sub-section (g) The State Treasury shall pay to each county the amount herein provided for in twelve equal monthly installments and the amounts necessary

WEDNESDAY, FEBRUARY 14, 1945

635

to make said monthly payment to the proper officials of the various counties is hereby appropriated for the purpose and made a special and continuing appropriation.
Sub-section (h). If the budget authority of the State should fail to make available for any quarter of a fiscal year a sum sufficient to pay such appropriation in full the distribution of funds to the counties hereunder for su~h quarter of a fiscal year shall be on the basis existing prior to the adoption of this Act.

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

The bill involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were:

Almand Ansley Arnold of Spalding Baker Bargeron Barrett Barwick Battles Beddingfield Britton Brock Brooke Brumby Brunson Burch Callaway Cates Chance Cheek Cheshire Claxton Connell Cowart Crowley DeFoor Dorsey of Cobb Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt

Fortson Gammage Gary Gaskins Gibson Giddens Gilbert Glisson Gowen Greene Griswell Guyton Harden Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holley Hollis Hooks Jackson Jennings of Terrell Johns Kellev

Kendrick Kenimer Kennon Key King Lancaster Lewis Lovett McCracken Mallard Malone Mann of Henry Manous Mason :Matthews of Peach Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oliver O'Shea! Overby Parham Pennington Pettit Pittman of Bartow

636

JOURNAL OF THE HOUSE,

Porter Price Ramey Ray Riddles purger Ritchie Rossee Roughton Rowland

Sapp Seagler Seagraves Sears Sheffield Smith of Emanuel Strickland of Pike Swint Thompson

Thrash Twitty Underwood Wells of Ben Hill Whaley Williams of Appling Williams of Coffee Williams of Gwinnett

Those voting in the negative were:

Adamson Alexander of Chatham Arnall of Coweta Banks Bloodworth of Bibb Bloodworth of Houston Broome Chastain Connerat Culpepper Dallis Freeman Gavin Guerry Hardy of Hall

Hefner Holleman Hubert Hurst Knabb Lam Lane Livingston Looper Maund McNall Mann of Rockdale Massey :\<fatthews of Paulding

Oden Parks Pannell Shields Smith of Oglethorpe Sparks Strickland of Upson Trotter Weaver Wells of Lincoln Williams of Ware Wilson Witherington Young

Those not voting were:

Adams Alexander of Carroll Black Boynton Campbell Crow Dorsey of White Dupree Fowler Garrison Greer Hall Hampton

Hand Hardy of Jackson Holloway Jennings of Sumter Kent Littlejohn McCurdy Mankin Oakley Odom Fhillips Pittman of Tift Powell

Sills Smiley Smith of Bryan Sumner Thornton Watford Williams of Jones Williams of Toombs Willis Willoughby Mr. Speaker

By unanimous consent verification of the roll call was dispensed with.
On the passage of the bill as amended, the ayes were 125, the nays 43.
The bill having received the requisite constitutional majority was passed as amended.

WEDNESDAY, FEBRUARY 14, 1945

637

HB 257. By Messrs. Hinson and Williams of Ware and Brock of Carroll: A bill to be entitled an act to repeal Section 24-1601 of the Code and provide a new Section 24-1601 setting up a new schedule of fees for the justices of the peace; and for other purposes:
The following amendment was .read and adopted:
Mr. Mitchell of Monroe moves to amend HB 257 as follows: By striking lines 1 through 6 of section one and inserting in lieu thereof the following:
That Section 24-1601 relating to the fees of the justices of the peace of this State be amended to read as follows:
Section 24-1601. The following shall be the fees for Justices of the Peace of this State and it shall be lawful for said Justices of the Peace to charge and collect the same when the prinicapl amount involved exceed $100.00.
Further amends by striking in its entirety the following:
.Drawing bonds in civil or criminal cases................................$2.50 Issuing each search warrant .......................................................... 2.50 Taking testimony in criminal case ................................................ 2.00 Drawing jury and making out list .............................................. 2.00 Issuing warrant to disposess, or against intruders .................... 2.50 Each criminal warrant issued ...................................................... 2.00 Taking examination of person charged with criminal offense.... 2.00 Examining each witness in criminal cases ................................ .SO Making out commitment ............................................................ .75
The report of the committeer, 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 10.
The bill having received the requisite constitutional majority was passed as amended.

HB 278. By Messrs. Durden of Dougherty and Hand of Mitchell:
A bill to be entitled an act to provide that a written finding made by the Secretary of War or the Secretary of the Navy of a death of any person shall be received in court, office, or other place, as evidence of such person's death; and for other purposes.
The report 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.

638

JOURNAL OF THE HOUSE,

HB 284. By Messrs. Hinson and Williams of Ware, Connell of Lowndes, and Th'rash of Coffee:
A bill to be entitled an act to prevent waste and to foster, encourage and provide conservation of crude oil and natural gas and protect the vested, co-equal or correllative rights of owners of crude oil or natural gas, and to create an oil and gas commission; and for other purposes.

The speaker pro-tem recognized the presence in the gallery of Boy Scout Troop No. 59 from the Peachtree Road Methodist Church in charge of Scout Masters ]. 0. Hightower and Dr. Frank McCormack.

The time for convening the joint session of the General Assembly having arrived, the Senate appeared on the floor of the House and the joint session was called to order by Honorable Frank Gross, president of the Senate.
The resolution providi~g for the joint session was read by the secretary of the Senate.
The President of the Senate presented to the joint session, Mrs. S. C. Patterson, of Hornersville, Georgia, President of the Georgia Educational Associatoin, who introduced the guest speaker, Dr. Howard Dawson, director of rural education in the U. S. Dept. of Education.
Dr. Dawson addressed the members of the General Assembly.
Mr. Hand of Mitchell moved that the joint session do now dissolve and the motion prevailed.
The President of the Senate declared the joint session dissolved.

Mr. Hand of Mitchell moved that the House do now adjourn and the motion prevailed.
The speaker announced that the House stands adjourned until 10 o'clock tomorrow morning and HB 284 was carried over as unfinished business.

THURSDAY, FEBRUARY 15, 1945

639

Representative Hall, Atlanta, Georgia. Thursday, February 15, 1945.

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 scripture reading and prayer by Dr. Fred Smith, Pastor of the Baptist Church of Bremen, Georgia.-

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

Mr. Evitt of Catoosa, 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 busniess during the first part of the period of unanimous consent:
( 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) Third reading and passage of uncontested local bills. (6) First reading and reference of Senate bills.

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

HR 94. By Mr. Hand of Mitchell: A resolution fixing a special and continuing order of business for Thursday,
February 15, 1945.
By unanimous consent, the following bills and resolutions of the House were introduced, read for the first time, and referred to the committees:

HB 529. By Mesrs. Gilbert and Gowen of Glynn:
A bill to be entitled an act to abolish the office of justices of the peace in Glynn county and to abolish the present city court of Brunswick and establish a new city court; and for other purposes.
Referred to the Committee on Constitutional Amendments No. 1.

HB 530. By Messrs. Cheshire and Riddlespurger of Colquitt: A bill to be entitled an act to provide in all petitions for divorce in Colquitt

640

JOURNAL OF THE HOUSE,

county a deposit of $12.00 shall be made for costs; and for other purposes. Referred to the Committee on Counties and County Matters.

HB 531. By Mr. Malone of Laurens:
A bill to be entitled an act to authorize municipal and county officials in Laurens county to license coin operated machines; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 532. By Mr. Mann of Henry:
A bill to be entitled an act to amend the charter of the City of Stockbridge by extending the corporate limits; and for other purposes.
Referred to the Committee on Municipal Government.

HB 533. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of Union City by providing hours for keeping polls open; to raise the amount persons may be fined in mayor's court; to provide for ordinances regulating motor vehicles; and for other purposes.
Referred to the Committee on Municipal Government.

HB 534. By Mr. Murphy of Haralson:
A bill to be entitled an act to fix the salary and expenses of the commissioner of roads and revenues of Haralson county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 535. By Mr. Brooke of Whitfield:
A bill to be entitled an act to repeal code section 42-9910 which reqmres hotels, restaurants, and other places serving food to post signs stating that they serve oleomargarine instead of butter; and for other purposes.
Referred to the Committee on General Agriculture No. 2.

HB 536. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to increase the salary of the special criminal bailiff in Richmond county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 537. By Messrs. Harris, Holley and King of Richmond: A bill to be entitled an act to fix the salary of the court reporter, bailiff

THURSDAY, FEBRUARY 15, 1945

641

and stenographer of the solicitor general in Richmond Superior Court, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 538. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to fix the salary of the assistant solicitor of the city court of Augusta; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 539. By Mr. Sills of Candler:
A bill to be entitled an act to amend code section 34-405 providing after the word "primaries," the words "held by any political party to which such person belongs"; and for other purposes.
Referred to the Committee on State of Republic.

HB 540. By Mr. Moye of Brooks:
A bill to be entitled an act to provide that Brooks county shall pay $100.00 per month to any peace officer who is permanently disabled in line of duty; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 541. By Messrs..Gowen and Gilbert of Glynn:
A bill to be entitled an act to create the Brunswick port authority and provide the authority may develop, construct, equip and operate terminal facilities at Brunswick, and for other purposes.
Referred to the Committee on Municipal Government.

HR 80-535A. By Mr. Etheridge of Fulton:
A resolution to direct the board of regents of the University System of Georgia to pay Hal F. Hentz and the estate of Rudolph S. Adler, architects' fees for designing a building; and for other purposes.
Referred to the Committee on Special Appropriations.

HR 81-535B. By Messrs. Dorsey and Brumby of Cobb:
A resolution to pay Mrs. Dock Harrison Wooten $5,000.00 for the death of her husband caused by a power pole falling on him at the State Farmers Market; and for other purposes.
Referred to the Committee on Special Appropriations.

642

JOURNAL OF THE HOUSE,

HR 82-535C. 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 or any city or political subdivision wholly within Fulton county to incur new debts upon assent of two-thirds of the qualified voters; and for other purposes.
Referred to the Committee on Amendments to Comtitution No. I.

HR 83-535D. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A resolution to propose an amendment to article 8, section 4, paragraph of the Constitution to authorize Fulton county to levy a tax of not less than five mills nor greater than 15 mills for educational purposes; and for other purposes.
Referred to the Committee on Amendments to Constitution No. I.

HB 542. By Messrs. Hooks and Smith of Emanuel:
A bill to be entitled an act to fix the salary of the tax comm1sswner of Emanuel county at $4,500.00 per annum; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 543. By Messrs. Smith and Hooks of Emanuel:
A bill to be entitled an act to fix a new schedule of fees for the clerk and sheriff of the city court of Swainsboro; and for other purposes.
Referred to the 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 l\!Iatters 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 508. Do Pass.

HB 509. Do Pass.

HB 511. Do Pass.

HB 512. Do Pass.

HB 517. Do Pass.

HB 527. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

THURSDAY, FEBRUARY 15, 1945

643

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 Senate and have instructed me as Chairman to report same back to the House with the following recommendations:
SB 74. Do Pass.
SB 109. Do Pass as amended.
SB 75. Do Pass as amended.
Respectfully submitted, Mason of Morgan, 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 hame back to the House with the following recommendations:
HB 60. Do Pass.
HB 77. Do Pass as amended.
HB 123. Do Not Pass. HB 124. Do Pass as amended. HB 125. Do Pass. HB 126. Do Pass by Substitute. HB 101. Do Pass by Substitute. HB 267. Do Pass.
Respectfully submitted, Kendrick of Fulton, 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

644

JOURNAL OF THE HOUS~,

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 347. Do Pass.

HB 462. Do Not Pass.

HB 362. Do Pass as amended.

SB 86. Do Pass.

SB 118. Do Pass.

SB 114. Do Pass as amended.

HB 520. Do Not Pass.

HB 492. Do Pass.

Respectfully submitted, McCracken of Jefferson, 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 172. Do P'ass as amended. HB 233. Do Pass as amended. HB 242. Do Pass. HB 307. Do Pass. HB 331. Do Pass. HB 352. Do Pass.
Respectfully submitted, Phillips of Columbia, Chairman.

Mr. Swint of Spalding County, Chairman of the Committee on General Arriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 2 have had under consideration

THURSDAY, FEBRUARY 15, 1945

645

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 199. Do Not Pass.

HB 440. Do Pass.

HB 439. Do Pass.

SB 73. Do Pass.

Respectfully submitted,

Swint of Spalding, Chairman.

Mr. Oden of Pierce County, Chairman of the Committee on Pensions, submitted the following report:

Mr. Speaker:

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

HB 333. Do Pass by Substitute.

Respectfully submitted,

Oden of Pierce, Chairman.

Mr. Arnall of Coweta 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 367. Do Pass by Substitute as amended.

Respectfully submitted,

Arnall of Coweta, Chairman.

Mr. Bloodworth of Bibb County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker: Your Committee on Municipal Government have had under consideration the

646

JOURNAL OF THE HOUSE,

following bills of the House and Senate and have instructed me as Chairman to report the same back to the House with the following recommendations:

SB 166. Do Pass.

SB 164. Do Pass.

SB 163. Do Pass.

HB 521. Do Pass.

HB 526. Do Pass.

HB 510. Do Pass.

HB 498. Do Pass.

HB 499. Do Pass.

HB 494. Do Pass.

HB 461. Do Pass.

Respectfully submitted,

Bloodworth of Bibb, Chairman.

Mr. Lewis of Hancock .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 thefollowing 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 106. Do Not Pass.

HB 87. Do Pass.

Respectfully submitted,

Lewis of Hancock, 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 279. Do Pass.

THURSDAY, FEBRUARY 15, 1945

647

HB 394. Do P'ass. HB 255. Do Pass. HB 299. Do Pass. HB 280. Do Pass. SB 44. Do Pass.

Respectfully submitted,

Hicks of Floyd, Chairman.

Mr. Kelley of Walker County, Chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:

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

HB 524. Do Pass. HB 525. Do Pass. HB 322. Do Not Pass. HB 230. Do Not Pass. HB 104. Do Not Pass. HB 69. Do Not Pass.
Respectfully submitted,

Kelley of Walker, Chairman.

Mr. Fortson of Wilkes 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 522. Do Pass. HB 514. Do Pass.

Respectfully submitted, Fortson of Wilkes, Chairman.

648

JOURNAL OF THE HOUSE,

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit:

SB 173. By Senator Cloud of the 19th:
A bill to be entitled an act to amend an act relating to the board of county commissioners of Taliaferro county by providing for vacancies in said board; and for other purposes.

SB 174. By Senator Causey of the 46th:
A bill to be entitled as an act to amend an act creating a new charter for the town of Alma, now the City of Alma, so as to create a park and tree commission for said city; and for other purposes.

SB 180. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following
bills of the House to wit:

HB 259. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act amending the charter of the City of Augusta; and for other purposes.

HB 260. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act fixing the minimum salaries and wages of the
members of the police department of the City of Augusta; and for other purposes.

HB 263. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act amending the charter of the City of Augusta by providing that the mayor may be eligible to succeed himself; and for other purposes.

HB 265. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act providing a pension fund for permanent employees of the County of Richmond; and for other purposes.

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649

HB 309. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act amending the charter of the City of Augusta so as to increase the contribution of firemen and policemen to the pension fund; and for other purposes.

HB 335. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act increasing school taxes in Richmond county from twelve to fifteen mills; and for other purposes.

HB 349. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act amending the charter of the City of Augusta; and for other purposes.

HB 396. By Mr. Sparks of Towns:
A bill to be entitled an act repealing in its entirety an act authorizing the county board of registrars and the ordinary in certain counties to assist the tax collector in registering voters; and for other purposes.

HB 448. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, so as to provide for the employment of certain departments of said city in fighting fires outside the corporate limits of said city; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bills of the House to wit:

HB 261. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta so as to provide a pension fund for permanent employees of the City of Aug~sta; and for other purposes.

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

HB 60. By Messrs. Durden of Dougherty and McCracken of Jefferson:
A bill to be entitled an act to provide that the director hearing cases under the workmen's compensation act shall not sit on the full board ~n appeal of cases heard by him; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 77. By Mr. Weaver of Bibb:
A bill to be entitled an act to amend the workmen's compensation act by providing that the average weekly wage shall be one twenty-sixth of the total wages earned in the preceding twenty weeks; and for other purposes.

HB 87. By Mr. Hicks of Floyd:
A bill to be entitled an act to make legal contract marriages in this state from the beginning of the present war and to extend for three months after Congress declares hostilities have ceased; and for other purposes.

HB 101. By Messrs. Holley of Richmond and Kendrick of Fulton:
A bill to be entitled an act to authorize the commissioner of labor to promulgate rules for the prevention of accidents and occupational diseases; and for other purposes.

HB 124. By Messrs. Holley of Richmond and Kendrick of Fulton:
A bill to be entitled an act to amend the workmen's compensation act to provide the last sickness and funeral expenses shall be $250.00; and for other purposes.

HR 125. By Mr. Kendrick of Fulton:
A bill to be entitled an act to amend the workmen's compensation act by providing compensation for the loss of a thumb for sixty weeks instead of thirty; and for other purposes.

HB 126. By Mr. Kendrick of Fulton:
A bill to be entitled an act to amend the workmen's compensation act relating to hearings regarding disagreements to provide the manner and method of taking testimony of witnesses in counties other than where the hearing is held; and for other purposes.

HB 172. By Messrs. Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to amend section 56-315 of the Code relating to deposits for foreign insurance companies or agents when amount required of companies of this state by foreign states greater than imposed by this state and to provide for deposit of securities with the state treasurer instead of the insurance commissione\-; and for other purposes.

HB 233. By Messrs. Durden of Dougherty, Phillips of Columbia, Harrison of
J eiJkins and McCracken of Jefferson: A bill to be entitled an act to make it unlawful for any building and loan

THURSDAY, FEBRUARY 15, 1945

651

association, bank or other lending agency, to require a borrower to cancel any insurance on property offered as collateral; and for other purposes.

HB 242. By Messrs. Hand of Mitchell and Durden of Dougherty:
A bill to be entitled an act to amend Section 53-502 of the Annotated Code of Ga., headed . "wife's property, when separate," by adding the following language: "and in all cases where the wife's personal property is injured, damaged or destroyed by the husband, the husband shall be liable to the wife"; and for other purposes.

HB 255. By Messrs. Gowen of Glynn, Durden of Dougherty, Hicks of Floyd and Alexander of Chatham:
A bill to be entitled an act to provide for circuit probation officers in the judicial circuits of this State; to provide for clerks and deputy probation officers; to provide for their duties and compensation; and for other purposes.

HB 267. By Messrs. Durden of Dougherty, Gowen of Glynn and Kendrick of Fulton:
A bill to be entitled an act to establish a retirement system for employees of the bureau of unemployment compensation; and for other purposes.

HB 279. By Messrs. Durden of Dougherty and Hand of Mitchell:
A bill to be entitled an act to repeal paragraph 3 of Code Section 4-214 and substitute a new paragraph 3 relating to powers of attorney granted by persons serving in the armed forces and to provide said powers of attorney shall not be revoked by death of the principal where agent acts without actual notice of said death; and for other purposes.

HB 280. By Messrs. Durden of Dougherty and Hand of Mitchell:
A bill to be entitled an act to amend an act approved March 20, 1943 (Ga. Laws 1943, pp. 421-422) by adding a new sub-section (I) to provide for the acknowledgment of instruments, the attestations of documents, administration of oath, and other notorial acts, shall be legal, \'alid and binding; and for other purposes.

HB 299. By Messrs. Harrison of Jenkins and Price of Clarke:
A bill to be entitled an act to establish a standard of efficiency for shorthand reporters and provide for an examination; and for other purposes.

HB 307. By Mr. Harrison of Jenkins: A bill to be entitled an act to authorize insurance companies to 66 2/3 per

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JOURNAL OF THE HOUSE,

cent of the value on property instead of 50 per cent; and for other purposes.

HB 331. By Messrs. McCracken of Jefferson and Phillips of Columbia:
A bill to be entitled an act to require a deposit of $25,000.00 from all fire, marine, life, casualty, indemnity and inland insurance companies; and for other purposes.

HB 333. By Messrs. Barwick of Grady, Williams of Coffee, Holloway of Schley, and Alexander of Carroll:
A bill to be entitled an act to provide Confederate veterans shall receive $75.00 per month pensions; widows of veterans $50.00 per month and sons and daughters of veterans 70 years of age or over $25.00 per month; and for other purposes.

HB 347. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to repeal Code Section 92-6907 which makes it unlawful for tax assessors to hold any other office; and for other purposes.

HB 352. By Messrs. Phillips of Columbia and Durden of Dougherty: A bill to be entitled an act to provide for the conversion of fraternal benefits societies into stock life insurance or mutual life insurance companies; and for other purposes.

HB 362. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia:
A bill to be entitled an act to authorize municipalities and counties of this state, to acquire, construct, maintain and operate public parking places; and for other purposes.

HB 367. By Messrs. Williams of Coffee, Barwick of Grady, Sheffield of Miller, Herndon of Hart and Hinson of Jeff Davis:
A bill to be entitled an act to provide gasoline and kerosine used on farm operations shall be exempt from the gas tax; and for other purposes.

HB 394. By Messrs. Wilson of Bibb, Wells of Ben Hill, Witherington of Wilcox, Hubert of DeKalb, Jennings of Terrell, Dupree of Pulaski and Lovett of Laurens:
A bill to be entitled an act to be called "uniform automobile liability security act;" to provide for suspension of drivers licenses; and for other purposes.

HB 439. By Messrs. McCurdy of DeKalb and Littlejohn of Floyd:

THURSDAY, FEBRUARY 15, 1945

653

A bill to be entitled an act to repeal section 43-302 and substitute a new code section 42-302 to provide the quantity and weight of flour, grits, and corn meal which shall be packed in containers for sale; and for other purposes.

HB 440. By Mr. Nicholson of Oconee:
A bill to be entitled an act to prohibit the use of all metal clamps, tags, hooks, plates or strips on all sacks used for commercial feed; and for other purposes.

HB 461. By Messrs. Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to fix the salary of the mayor; and for other purposes.
HB 492. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend the "housing authorities law" by providing a regional or county housing authority shall have power to sell or rent dwellings outside of cities and may carry out rural housing projects, and to exempt such dwellings from taxation; and for other purposes.

HB 494. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus changing the date for holding primary elections for nominating members of the commission of the City of Columbus ;and for other purposes.

HB 498. By Mr. Watford of Long:
A bill to be entitled an act to amend the charter of the City of Ludowic by extending the city limits; and for other purposes.

HB 499. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to authorize the levy of a tax of 9 mills upon the value of property to pay current expenses of the city; and for other purposes.

HB 508. By. Mr. Dupree of Pulaski:
A bill to be entitled an act to provide a salary for the sheriff of Pulaski county in addition to fees, and for other purposes.

HB 509. By Mr. Rowland of Johnson: A bill to be entitled an act to provide the ordinary of Johnson county shall

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JOURNAL OF THE HOUSE,.

employ a certified public accountant to audit the books of the commissioners of roads and revenues as of February 28, 1945; and for other purposes.

HB 510. By Mr. Sears of Atkinson:
A bill to be entitled an act to fix the date for the election of the mayor and aldermen of the Town of Willacoochee; and for other purposes.

HB 511. By Mr. Barrett of Banks:
A bill to be entitled an act to increase the compensation of the county commiSSIOners and clerk of the board in Banks county, and for other purposes.

HB 512. By Mr. Watford of Long:
A bill to be entitled an act to provide for five road districts in Long county; to provide for five commissioners of roads and revenues, the method of electing; and for other purposes.

HB 514. By Mr. Greer of Lanier:
A bill to be entitled an act to direct the board of regents of the University System of Georgia to construct and operate a hospital for the indigent sick at the state medical college; and for other purposes.

HB 517. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act to amend the act approved March 29, 1937, (Ga. Laws 1937, p. 624) by prohibiting the operation of restaurants, cafes, trailer parks or other public eating houses (except boarding houses) in unincorporated areas without first getting authority from the county authorites; and for other purposes.

HB 521. By Mr. Burch of Dodge:
A bill to be entitled an act to incorporate the town of Amoskeag in the County of Dodge; to provide for a mayor and council and other officers; and for other purposes.

HB 522. By Mr. Strickland of Upson:
A bill to be entitled an act to prohibit a licensed optometrist from conduct-
ing the practice of optometry with a person or group of persons who are not licensed optometrists; and for other purposes.

HB 524. By Mr. Harrison of Jenkins: A bill to be entitled an act to provide a method for calling an election in

THURSDAY, FEBRUARY 15, 1945

655

counties that have legalized liquor for the purpose of voting to stop the sale in such counties; and for other purposes.

HB 525. By Mr. Harrison of Jenkins:
A bill to be entitled an act to prevent the sale of wine or beer within 100 feet of any school building in this state; and for other purposes.

HB 526. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus by providing a salary of $100.00 per month to the mayor in addition to a salary as a member of the city commission; and for other purposes.

HB 527. By Mr. Williams of Appling:
A bill to be entitled an act to authorize the county authorities in Appling county to pay the salary of the judge of city court of Baxley in quarterly payments; and for other purposes.

SB 44. By Senator Harrell of the 7th; and others:
A bill to be entitled an act to amend Code Section 22-1504 by providing that foreign corporations may own mineral rights, minerals, oil or gas on or under more than 5,000 acres of land without incorporating under the Georgia law; and for other purposes.

SB 73. By Senator Gross of the 31st; and others:
A bill to be entitled an act to provide for the appointment of fertilizer inspectors and that the tenure in office shall be at the discretion of the commissioner of agriculture; and for other purposes.

SB 74. By Senator Gross of the 31st; and others:
A bill to be entitled an act empowering the commissiOner of agriculture to assess and collect penalties from the manufacturer or mixer of feedstuffs where it is found deficient; and for other purposes.

SB 75. By Senator Gross of the 31st; and others:
A bill to be entitled an act to provide for the regulation of the packaging, labeling and sale of planting seed; and for other purposes.

SB 86. By Senator Gross of the 31st:
A bill to be entitled an act to provide for the appointment and removal of all assistant attorneys general by the attorney general instead of the governor; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 109. By Senator Holsenbeck of the 27th; and others:
A bill to be entitled an act to provide that the Governor shall appoint two outstanding conservation farmers as members of the board of directors of the Georgia Association of Soil Conservation District Supervisors; and for other purposes.

SB 118. By Senator Gross of the 31st; and others:
A bill to be entitled an act to establish a new schedule of fees to be charged by the sheriffs of this state for official duties performed; and for other purposes.

SB 144. By Senators Harrell of the 7th and Causey of the 46th:
A bill to be entitled an act to officially adopt a system of coordinates for designating the positions of points of the earth within this state; and for other purposes.

SB 163. By Senator Yawn of the 48th:
A bill to be entitled an act to amend the charter of the City of Eastman by providing city council shall not grant, renew or extend any public utility franchise in the City of Eastman without first having a referedum; and for other purposes.

SB 164. By Senator Caldwell of the 37th:
A bill to. be entitled an act to amend the charter of the City of. Hogansville by changing to a commission and city manager form of government instead of mayor and council; and for other purposes.

SB 166. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of East Point to provide for absentee ballots; to provide a salary for the mayor and aldermen; to provide the city may furnish a memorial home to the American Legion; and for other purposes.

The following report was received from the Special Investigating Committee on State Sanitorium at Alto:
Mr. Speaker:
Mr. President:
We, your special committee appointed from the Senate and the House of Representatives to investigate conditions at the State Tuberculosis Sanitorium at Alto and to make a report of such investigations and to make recommendations to improve conditions of the institution, respectively submit the following report:

THURSDAY, FEBRUARY 15, 1945

657

( 1) The Board of Health is composed of fourteen ( 14) outstanding citizens of the State of Georgia, many of whom are physicians, who are appointed by the Governor and confirmed by the Senate. This Board is a non-salaried board and under the law they select the director of the Board of Health. The law has placed the State Tuberculosis Sanitarium at Alto under the Board of Health and they in turn have placed the institution under the supervision of the director, who is Dr. T. F. Abercrombie.
(2) We find that the allocation for Alto is $400,000.00 a year and at the time this investigation began they had a surplus of about $60,000.00 which could have been used for needed repair work and the hiring of personnel for the sanitarium.
(3) We have questioned Dr. Ridley, chairman of the State Board of Health, and learned from him that the board of health depends exclusively on the director to supervise affairs at Alto and that the board of health makes few investigations of the conditions. Dr. Ridley informed this committee that the State Board of Health did not have information of the shortage of help at Alto and that they did not know that all of the beds were not filled. This is about in line with the system of all nonsalaried state boards.
(4) We have questioned Dr. T. F. Abercrombie, the director of Alto, at length. Dr. Abercrombie has been director of Alto for several years and should have known the true conditions at the institution, but his time has no doubt been taken with his arduous duties of the State Board of Health. He draws a salary of $6000.00 a year. It seems he visits the institution about two or three times a month and spends very little time there on each visit.
(5) It appears that Dr. Abercrombie delegates much of the direction of Alto to Mr. Tinsley, the auditor in the health department, who draws a salary of $5,250 a year. Mrs. Tinsley is the secretary in the same office and draws a salary of $4,360. These salaries are out of line with the salaries paid to the doctors and nurses at Alto.
(6) Dr. Horace Crow, resident physician, is only in charge of the medical department, physicians, and superintendent of nurses. We believe the medical service is very good but the physicians are overworked because of a shortage of one or more physicians. We found Dr. Crow an outstanding man in his line. He has been at Alto for about fifteen (15) years and only draws $375.00 a month.
(7) Mor.:: than two years ago there was a vacancy at Alto for a business manager and, it seems, the Governo~ and the director agreed on placing Mr. T. D. Williams in charge as business manager; but later this did not meet the approval of the director and he secured one Mr. Job who served until February 2, 1945, at a salary of $4,200.00 a year. At the same time Mr. Williams remained in charge of the farm and dairy at a salary of $4,000.00 a year. We conclude this was sheer extravagance on the part of the director. On February 2, 1945, Mr. Job was discharged and Mr. Williams was given the job as busines smanager on trial for a period of sixty (60) days.
(8) The superintendent of nurses, Mrs. Hood, has evidently done a good job under the conditions which prevail, that is, the low salaries paid the nurses, the lack of nurses' quarters, recreation facilities for the nurses, and the general war conditions prevailing.

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JOURNAL OF THE HOUSE,.

(9) The dietitian, Miss Margaret Baxley, as well as the nutntwnist, Miss Johnson, are doing a good job. However, we had some complaints about the food at times but in general the food is ample, well prepared and served, and the patients get the prescribed amount of milk daily.
( 10) The physical condition of the main building and the small nurses' home is good. The nurses' quarters located over the main kitchen is badly located but the condition of the rooms is good. The Masonic building is used for nurses' quarters and culinary help and is not satisfactorily arranged for this purpose.
( 11) The full capacity of the sanitarium today is 527 patients. We found 415 patients in the sanitarium. Forty-one beds were vacant due to the dischargement of patients and waiting the arrival of new patients. Twenty-five beds were being opened for patients. Thirty beds were still vacant due to lack of help and 16 beds in the colored section had been condemned last October. We found further that two additional cottages in the colored section had been condemned for some time, each building having a capacity of 16 beds. The Masonic building has a capacity of 75 beds and could easily be used for adult patients. The Thomas county building has a capacity of 16 beds which could be used for adult patients. These with the 30 beds that have been closed for lack of help makes a total of 169 beds which have been discontinued. The two buildings in colored section, the Thomas county building, and the school house are being used for storage and the materials stored in a "harem scarem" way that will tend to destroy this property. If these buildings were being used for patients the full capacity of the sanitarium would be 650 beds. At present there are six (6) full time doctors, twelve (12) graduate nurses, and 53 practical nurses.
( 12) The condition of the cottages for colored patients is deplorable. Most of the buildings are badly in need of repairs. There are no windows in some, curtain partitions, no heat, and they appear to have needed repairs for years. The cottages housing 16 colored patients each have no nurse duty from one to three each day and during the night.
(13) The dairy farm and other farm buildings are in much better condition than the buildings used for the colored patients. They have a fine herd of about thirty-five (35) Holstein cows and from the looks of the cows the patients should have ample milk. Some of the feed used is raised on the farm but very little farming is done. Only silage is raised for the cows. Grain and other feed is purchased.

REcoMMENDATIONS oF THE SPECIAL CoMMITTEE ON ALTo
(1) We r~commend that the director spend such time in the operation of the state tuberculosis sanitarium at Alto that will permit all beds to be filled as fast as proper help can be secured.
(2) We recommend that the director place a physician in complete charge of Alto and over all its properties and that he be accountable to the director for the full and complete operation of Alto and that he be given complete authority over all personnel, medical and operative affairs at Alto. We recommend further that the business manager, superintendent of nurses, dietitian, nutritionist, and all employees

THURSDAY, FEBRUARY 15, 1945

659

should be responsible to him and that the superintendent should receive a salary of not less than $4800.00 a year.
(3} We recommend that the doctor who has charge of field units that go over the state making X-ray pictures diagnosing tubercular conditions forward reports of all cases that he thinks curable to the superintendent at Alto and also notify the family physician that this pat~ent should be sent to Alto immediately.
( 4} We recommend that as soon as possible a storage building be constructed out of the material on hand sufficient to relieve the storage conditions at Alto.
( 5) We recommend that the colored cottages be repaired immediately and made suitable for the occupancy of human beings who are confined there with tuberculosis. This can be done at a relatively small cost by putting windows in these cottages in the place of the open wire screen partitions that do not afford adequate protection against the weather and by the installing of stoves or other heating appliances to give these people the warmth and comfort necessary in the mountainous climate in which Alto is situated. And further that proper provision be made to put a practical nurse on duty for the colored patients at all times.
(6} We recommend that the Thomas county cottage and the school building be arranged into rooms suitable for nurses' quarters.
( 7) We recommend that steps be taken to build a permanent nurses' home adequate for all the nurses when the hospital is operating at full capacity.
(8) We do not believe that it would be practical and proper to convert the :Masonic building into a nurses' home but we recommend that it be used for patients as soon as nurses' quarters are avallable.
(9) We suggest that all building and changes be under the direction of the architect who is now employed by the department of natural resources.
(10} We realize that it is harder to keep employees and help at the tuberculosis sanitarium than it is at other institutions and we therefore recommend .that their salaries be increased sufficiently to keep the proper help at all times.
( 11) This committee has found that there are thousands of cases of tuber-
culosis in Georgia that need immediate treatment. It is our belief and information that by proper treatment through adequate facilities that tuberculosis can be eradicated in our state. Therefore we recommend that the General Assembly, the executive department, and the board of health devote much thought and study on a program of expanded treatment for this destructive disease that is causing such a human and economic loss in our state. We believe that more hospitals for the treatment of tuberculosis must be constructed and operated by the state within the next few years. We believe that a state as rich in resources and a state as progressive as Georgia can maintain and operate enough tuberculosis hospitals to adequately take care of every person in Georgia that needs the treatment for this disease. We call on not only the state agencies and the legislature, but we urge every citizen in Georgia to join with us in promoting such a program that will be of untold benefit to our state.

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JOURNAL OF THE HOUSE,

(12) We recommend that the director and the state board of health and the Governor see that these recommendations are enforced.
Respectfully submitted,
Senator Norton,. Chairman Senator Brown Senator Bennett Representative Boynton, Secretary Representative Greer Representative Smith of Bryan Representative Garrison Representative Sumner

By unanimous consent the following bills of the House were taken up for consideration, read the third time, and placed upon their passage:

HB 346. By Messrs. Gammage and Jennings of Sumter:
A bill to be entitled an act to provide all candidates for the General Assembly in Sumter county shall specify the incumbent he desires to oppose; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 405. By Mr. Sheffield of Miller:
A bill to be entitled an act to consolidate the offices of tax receiver and tax
collector of Miller 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 406. By Mr. Sheffield of Miller:
A bill to be entitled an act to abolish the present board of commissioners of roads and revenues for the County of Miller and to create a new board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 15, 1945

661

On the passage of the bill, the ayes were 106, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 482. By Mr. Adamson of Clayton:
A bill to be entitled an act to provide for assistants and clerks for the tax commissioner of Clayton county and fix their 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 107, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 483. By Messrs. Arnold and Swint of Spalding: A bill to be entitled an act to fix the salaries of the board of commissioners of roads and revenues of Spalding 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.

HB 485. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act to fix the salary of the clerk of the commissioners of roads and revenues of Cobb county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 487. By Mr. Williams of Toombs:
A bill to be entitled an act to repeal an act approved March 18, 1937 ( Georgia Laws 1937, pp. 1193-1195), which amended the act establishing the city court of Lyons; and for other purposes.
The report 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.

662

JOURNAL OF THE HOUSE,

HB 490. By Mr. Williams of Toombs:
A bill to be entitled an act to amend the act creating the city court of Lyons by fixing the salary of the judge and solicitor of said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 497. By Mr. Watford of Long:
A bill to be entitled an act to amend the act creating the city court of Ludowici to fix the salary of the judge and solicitor of said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 501. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to change the name of the Board of Trustees of Public Schools of Columbus to the Board of Education and to provide for a superintendent of education; and provide the board of education may establish junior colleges; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 503. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to fix the salary of the judge, clerk, sheriff, deputy clerk and deputy sheriff of the municipal court 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 114, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, FEBRUARY 15, 1945

663

HB 505. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide for a salary for the solicitor general of the Augusta 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 115, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 506. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to change from a fee basis to a salary basis all officers of Richmond county who have previously received fees, and to fix the 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 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent the following bills of the Senate were introduced, read the first time, and referred to the committees:

SB 165. By Senator Millican o~ the 52nd:
A bill to be entitled an act to amend an act approved August 20, 1927 (Georgia Laws 1927, page 265), 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 of such cities; and for other purposes.
Referred to the Committee on Municipal Government.

SB 173. By Senator Cloud of the 19th:
A bill to be entitled an act to amend the act of 1939 (Acts 1939, p. 734) relating to the board of county commissioners of Taliaferro county, by striking sections 3 and 4 of said act and substituting in lieu thereof two new sections providing in case of vacancy on said board, remaining members shall elect; providing salary of chairman and compensation of other members; etc. ; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 174. By Senator Causey of the 46th: A bill to be entitled an act to amend an act approved August 21, 1906 (Acts

664

JOURNAL OF THE HOUSE,

1906, pp. 496-507), creating a new charter for the Town of Alma, now City of Alma, in the County of Bacon, and the several acts amendatory thereof, so as to create a park and tree commission for the City of Alma, etc.; to provide for a referendum; and for other purposes.
Referred to the Committee on Municipal Government.

SB 180. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
Referred to the Committee on Municipal Government.

SB 184. By Senator McGinty of the 43rd:
A bill to be entitled an act to amend the charter of Calhoun, Gordon county, approved August 20, 1918, repealing section 100 of charter, and all acts amending said section, enacting in lieu of section 100 a new section that the mayor and aldermen of Calhoun are authorized to levy a tax annually, not to exceed 1.5% on real and personal property for purposes of establishing and maintaining system of public schools; and for other purposes.
Referred to the Committee on Municipal Government.

Under unfinished business the following bill of the House was again taken up for consideration and placed upon its passage:

HB 284. By Messrs. Hinson and Williams of Ware, Connell of Lowndes, and Thrash of Coffee:
A bill to be entitled an act to prevent waste and to foster, encourage and provide conservation of crude oil and natural gas and protect the vested, co-equal or correlative rights of owners of crude oil or natural gas, and to create an oil and gas commission; and for other purposes.
The following amendment was read and adopted:
Mr. Hinson of Ware moves to amend HB 284 by adding at the end of the second sentence of section 23 on page 17 of said bill and at the end of said section the following sentence to read as follows:
"Provided, however, that the drilling of shot-holes and core-holes for geophysical and geological explorations shall not be considered to be the drilling of a well within the meaning of this act."
Mr. Bloodworth of Bibb moved the previous question on the bill and all amendments.

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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 108, the nays 10.
The bill having received the requisite constitutional majority was Jlassed as amended.
Mr. Hinson of Ware moved that HB 284 be immediately transmitted to the Senate, the motion prevailed, and the bill was ordered immediately transmitted.

The following resolution was read and adopted:

HR 85. By Messrs. Kendrick of Fulton, Hand of Mitchell, Harris of Richmond, and Thrash of Coffee:
WHEREAS, William Anderson Alexander has become director of athletics at the Georgia School of Technology after loyally serving his alma mater as head football coach for twenty-five years, and
WHEREAS, through his unmatched knowledge of the game, his great skill as a teacher, and his extraordinary ability as a wise and modest leader of men, he has done a great service for the Georgia School of Technology and for the State of Georgia, not merely in the remarkable quality of the teams which he has trained but rather in the emphasis upon those standards of right living and good character which he has impressed upon hundreds of young men, and
WHEREAS, his courage, forthrightness, and high sense of honor have made him a powerful influence in maintaining in college athletics that high tradition of good sportsmanship and honorable conduct of which he is himself a notable example,
THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that William Anderson Alexander be heartily commended for his accomplishments in behalf of die young men of this state, and
BE IT FURTHER RESOLVED that he be presented with a copy of this resolution as a testimonial of the appreciation and good wishes of his fellow citizens.

The following committee report was read:
Mr. Speaker:
Your Committee on Rules having had under consideration the resolution fixing the calendar of business for Thursday, February 15, 1945, reports the same back with recommendations that HR 84 do pass.
Hand of Mitchell.

The following resolution was read and adopted:

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HR 84. By Mr. Hand of Mitchell:

A RESOLUTION

Be it resolved by the House that the following bills be set as a special and continuing order of business beginning immediately after the period of unanimous consents on Thursday, February 15, 1945:

SB 28. Welfare Director.

HB 234. Senatorial District.

SB 35. General Bill, local applications, Walker county. SB 56. Superior Court, Barrow county.

SB 66. Salary Solicitor General Northern Circuit.

SB 90. General Bill, local applications, City of Atlanta.

SB 119. County Lines.

HR 18-19A. Appropriation to A. S. Roach.

HB 18. Appropriation, T. W. Erickson.

HB 305. Terms of Court, Taylor and Harris counties.

HB 312. General Bill, local application, Gwinnett county.

HB 313. General Bill, local application, Jones county.

HB 314. Local application to Dawson county.

HB 316. Local application, Chattooga county.

HR 46-326A. Fixing Title in Board of Regents.

HB 339. Local application Fulton county.



HB 341. Local application, Fulton county.

HB 343. Constitutional Amendment, Fulton county.

HB 344. Constitutional Amendment, Fulton county.

HR 52-344A. Constitutional Amendment, Fulton county.

HB 351. Terms of Court, Hancock county.

HB 397. Local application, Warren county.

HR 58-402A. Alton Cogdell Memorial.

HB 407. Local application, Muscogee county.

HB 408. Local application, Muscogee county.

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667

HB 409. Local application, Cherokee county. HB 410. Local application, Cherokee county. HB 431. Reporter, Oconee Circuit. HB 438. Local application, Bleckley county. HB 442. Local application, Dodge county. HB 443. Local application, Fulton county. HB 187. Brunswick Judicial Circuit. HR 29-225A. Ratifying Tax on Crabmeat. HR 30-225B. Repealing resolution regarding State Frison Board. HB 252. Elections, Warren county. HB 264. Local application, Richmond county. HB 269. Local application, Meriwether county. HB 271. Local application, Brooks county. HB 276. Local application, Atkinson county. HB 286. Local application, Cobb county.

Under the special and continuing order of business fixed by HR 84, 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 28. By Senator Shedd of the 3rd:
A bill to be entitled an act to require the state merit council to remove from office any county welfare director who has falsified her application for examination in any particular; and for other purposes.
The report 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 7.
The bill having received the requisite constitutional majority was passed.

SB 35. By Senator Mavity of the 44th: A bill to be entitled an act to authorize the levy of a tax of one mill in Walker county to establish public libraries; and for other purposes.
The following amendment was read and adopted: The Committee on Counties and County Matters of the House amends SB 35

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by striking the words and figures, "having a population of not less than 29,000 and not more than 35,000" wherever the same appear in said bill and inserting in lieu thereof the words and figures, "having a population of not less than 31,000 and not more than 31,050."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
. On the passage of the bill as amended, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

SB 56. By Senator Holsenbeck of the 27th: A bill to be entitled an act to provide for a change of time of holding the superior court of Barrow county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the' ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 66. By Senator Hawes of the 30th: A bill to be entitled an act to increase the salary of the solicitor general of the northern 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 108, the nays 0. The bill having received the requisite constitutional majority was passed.

SB 90. By Senator Millican of the 52nd:
A bill to be entitled an act to amend code section 36-606, Georgia code, 1933, so as to provide that in condemnation of property a municipal corporation having a population of more than 250,000 shall acquire fee simple title; and for other purposes.
The report 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 119. By Senator Wall of the 9th:

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669

A bill to be entitled an act to provide for the method of changing count} lines within limits of incorporated towns and cities having a population of not less than 1,000 nor more than 1,500; and for other purposes.
The report 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 speaker presented the following distinguished visitors from the State of Florida who are visiting in Atlanta for the purpose of working out reciprocal agreement with this state relative to fishing laws: Honorable Buck Hancock, Honorable Bill Henry, Honorable T. Bone Smith, Honorable Harry McDonald, member of the Florida House of Representatives from Tampa, and Honorable Buck Nelson of Deland.

The following bill of the House was taken up for the purpose of considering a Senate substitute thereto:

HB 261. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to provide for a pension fund for permanent employees of the city; and for other purposes.
The following substitute for HB 261 was read:
By Senator Peebles of the 18th.
Substitute for HB 261.
A BILL
To be entitled an act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, by an act approved January 31, 1798 (Georgia Laws 1798), and the several amendatory acts thereof, as amended by an act as appears in Georgia Laws 1943, pages 1256 to 1258, inclusive, designated "Augusta Charter Amendments," and as amended by an act appearing in Georgia Laws 1943, pages 1259 to 1263, inclusive, designated "Augusta Officers and Employees-Furloughs"; to amend, ratify and confirm said charter and the amendments thereto approved December 31, 1937, designated as "Augusta Officers and Employees Tenure," appearing in Georgia Laws Extra-Session 1937-38, pages 938 to 943, inclusive, as amended by an act approved February 19, 1941, appearing in Acts of General Assembly of Georgia, 1941 (Georgia Laws, 1941, pages 1071-1072), and designated "Augusta City Attorney"; so as to: provide a permanent city employee pension fund for permanent employees of the City of Augusta; define permanent employees, totally and permanently disabled

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and other terms; require that three (3%) per cent of the salary, wage or remuneration of each employee of said city be deducted from his pay check and paid into said fund as part thereof; require said city, each three months, to pay into said fund as part thereof, a sum equal to the amount deducted from its employees' salaries, wages or remuneration; to provide authority to the City Council of Augusta to increase or reduce from time to time such withholdings from such employees' salary, wage or remuneration and to increase or reduce from time to time the sum to be paid by said City Council of Augusta in matching said withholdings from such employees' salary, wage or remuneration; exclude from provisions of this act certain officers and employees of said city; require said city and certain employees and officials thereof to perform duties and obligations in connection with said fund; provide for payments to a permanent employee from said fund; a retirement pension when his total service amounts to twenty-five ( 25) years; a retirement pension upon his reaching 65 ; a retirement pension when after twenty years service he is separated therefrom; a total permanent disability pension for total and permanent disability incurred while in discharge of his duties; a temporary disability pension; to provide for a refund of 50% of deductions from said salary, wage or remuneration in event of voluntary separation from service or separation from service by discharge, less deductions provided; to provide a refund upon separation from service by death of 100% of deductions from said salary, wage or remuneration, less deductions; to further provide all retirement pensions and total disability pensions shall increase in proportion to salary, wages or remunerations held; to declare the city attorney a permanent employee of the City Council of Augusta; to further provide punishment under the criminal law for persons who violate the terms of this act; and for other purposes; and to repeal the following acts amending the charter of the City of Augusta, to wit:
An act appearing in Georgia Laws of 1923, pages 443 to 445, inclusive, designated "Augusta City of; payment of retired employees"; and an act appearing in Georgia Laws of 1924, pages 450 and 451, amending said act of 1923, designated "Augusta, Pension of Retired Employees, additional increase of"; and an act appearing in Georgia Laws of 1933, pages 868 and 869, designated "Augusta; Retirement of Employees"; provided specifically, however, that the repeal of the above designated acts shall in no way affect the Augusta firemen's pension fund or the Augusta policemen's pension fund and the several laws and amendments relating to said funds or either of them; nor any way affect any pension from the City Council of Augusta now being paid or due or that becomes due before the effective date of this act by reason of any existing ordinances or act; and to repeal all laws and parts of laws in conflict with this act; and for other purposes.
Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City Council of Augusta as amended by an act of the extra session of the General Assembly of Georgia, Extra Session Georgia Laws 1937-38, pages 938-43, designated as "Augusta Officers and Employees Tenure Act," as amended by the act approved February

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19, 1941, Georgia Laws 1941, pages 1071-1072, designated as "Augusta City Attorney," and as amended by an act as appears in Georgia Laws of 1943, pages 1256 to 1258, inclusive, providing for recall to duty of any officer or employee who may have retired from service under the various pension acts applying to the City Council of Augusta, and for other purposes, and as amended by an act appearing in Georgia Laws of 1943, pages 1259 to 1263, inclusive, providing for furloughs for all officers and employees of the City Council of Augusta, including all regular firemen and policemen while in the armed forces of the United States during the present war, and providing for their tenure of office during their absence, and providing that the time they are in the armed forces be included as time served with said City of Augusta in computing the time of employment for retirement purposes, and for other purposes, is hereby amended by providing as hereinafter set forth, a "City Employees' Pension Fund" for the permanent employees of the City of Augusta, from which fund shall be paid retirement pension, total permanent disability, temporary disability pension; a refund upon death before retirement, a refund upon separation from the services as hereinafter provided, and there is hereby repealed the following acts, to wit: An act appearing in Georgia Laws of 1923, pages 443 to 445, inclusive, designated "Augusta City of; payment of retired Employees"; and an act appearing in Georgia Laws of 1924, pages 450 and 451, amending said act of 1923, designated, "Augusta; Pension of Retired Employees, Additional Increase of"; and an act appearing in Georgia Laws of 1933, pages 868 and 869, designated "Augusta; Retirement of Employees"; providing specifically, however, that the repeal of the above designated acts shall in no way affect the Augusta firemen's pension fund or the Augusta policemen's pension fund and the several laws and amendments relating to said funds or either of them, nor any way affect any pension from the City Council of Augusta now being paid or due or that becomes due before the effective date of this act by reason of any existing ordinances or act.
Section II. Definitions. As used in this act, the following terms and phrases shall have the following meaning, to wit:
(A) "Employee" shall include all employees; casual employees, temporary employees, permanent employees, and officers of the City of Augusta elected by City Council, appointed by the mayor, a council committee or committee chairman, or commission, upon the authority of the City Council, not excluded m Section III of this act.
(b) "City" and "City Council" shall mean the City Council of Augusta.
(c) The masculine shall include the feminine, and the singular shall include the plural, wherever the context requires it.
(d) "Effective date" shall meanthe first day of the first month following the approval of this act by the Governor.
(e) The term "year" as used herein, defining the probationary period of any employee, shall mean two hundred and seventy-five (275) working days of twelve (12) consecutive months period of continuous employment, including such period as may have been or may be allowed for annual vacation.
(f) "Continuous Employment" shall mean employment unbroken by discharge

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or resignation. Re-election or re-appointment at the end of a term shall be regarded ~s continuous employment.
(g) "A permanent employee" is an employee as above defined, who has continuous employment for the requisite probationary period, as provided by the terms of this act.
(h) "Temporary Employee" is defined as one who has not been employed for the requisite probationary period provided by this act so as to become a pe,rmanent employee, or employees who now are, or who hereafter substitute for a permanent employee in the armed forces under the terms of the act of the General Assembly, 1943, pages 1259-63, inclusive, designated "Augusta Officers and Employees-Furloughs."
(i) "Casual employee" shall mean an employee who is employed at definite times and periods for special or temporary work and whose employment is not under the terms of this act, continuous for the probationary period herein provided for.
Section III. There is excluded from the provisions of this act the employees of the University Hospital, employees of the Auditorium Commission and the Sinking Fund Commission, except that they be now permanent employees, or hereafter permanent employees of the City of Augusta, by virtue of Georgia Laws, 1943, pages 1256-1258, inclusive, designated "Augusta Charter Amendments," in which act "University Hospital Employees" (section three) is referred to; officers elected by vote of the electorate; members of the city fire department and members of the city police department; provided, however, any person who has served, or who may hereafter serve, as a member of the City Council of Augusta, and is now, or may hereafter become, a permanent employee under the terms of this act, or the officers and employees tenure act as amended, shall have the time that said person was a member of council computed and made a part of the time of employment. with the Cicy Council of Augusta in determining the time said employee has been so employed.
Section IV. The probationary period is hereby fixed at one ( 1) year of continuous employment either before the effective date of this act or after the effective date of this act, or total continuous employment for one year, part of which is prjor to the effective date of this act and part of which is after the effective date of this act.
Section V. There is created a permanent pension fund for the benefit of every permanent employee covered by this act, and said fund shall be known as the "City Employees' Pension Fund," and shall be kept in a separate account earmarked "City Employees' Pension Fund" with a separate permanent record thereof, which record shall be kept by the comptroller of said city, and no warrant shall be drawn on said fund except as provided in this act, except that flt any time said fund exceeds the sum of five thousand dollars ($5,000.00) on deposit in any one bank, said comptroller shall purchase bonds for the benefit of the said pension fund with all excess above five thousand dollars ($5,000.00), provided said bonds are approved by the Georgia laws for purchase by trustees of trust estates in Georgia. The comptroller shall at no time have in any one bank more than five thousand dollars ($5,000.00) of said pension funds, and all such depositories shall be in Richmond county, Georgia. The said comptroller's voucher, when countersigned by the mayor of the city, shall be

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the method of withdrawal from said pension fund; acting comptroller, or acting mayor, when properly designated as such in accordan<;e with the ordinances of the City Council of Augusta, shall have authority to perform all acts and duties, and shall perform all acts and duties conferred by this act on said comptroller or mayor, hereinafter provided for, shall likewise include and cover anyone acting in his stead as acting comptroller or mayor.
Section VI. It shall be the duty of the city to see that the provisions of this act are carried out strictly in conformity with this act.
Section VII. Said City Employees' Pension Fund shall be kept separate from all municipal monies.
Section VIII. All decisions of council in regard to said pension fund, or any withdrawal therefrom, shall be entered on a separate pension record kept by the comptroller, and shall also be kept on the minutes of said council and all entries appearing on the minutes of council shall be transcribed by said comptroller upon his permanent record book as to said pens~n fund, in order to readily determine the status of said fund, and each of the said records shall be a legal record thereof, and it shall be the duty of said council to see that said records conform one to the other at all times.
Section IX. The sum of three ( 3) per centum shall be deducted by the said comptroller from the salary, wages or remuneration of each employee of the city, whether temporary, casual, or permanent, not specifically excluded by this act, as and when paid, by pay vouchers, or other forms of payment, for services rendered. This deduction shall be deposited by said comptroller in the "City Employees' Pension Fund" in conformity with this act, and he, the said comptroller, is designated as custodian of such fund. Each three (3) months after the effective date of this act, the city shall pay over to said comptroller for said City Employees' Pension Fund, and which shall become a part thereof and be the property of such fund, a sum equal to the amount deducted by the comptroller from the salaries, wages or remuneration, and it is hereby made the duty of said comptroller to collect and receive said equal sum from the city, and the city shall pay it over to him as herein directed, and he shall collect the same promptly and deposit it in said City Employees' Pension Fund; provided, however, the city shall have authority from time to time to increase the contributions by said employees up to five ( 5%) per centum of such salary. wage or remuneration, but upon each such increase on the part of such increase on the part of such employees, then and in that event the city shall make its contributions correspond to the percentage deduction from such employee's salary, wage or remuneration, provided, however, that before said city shall be authorized to increase said contributions by itself and said employees, said pension fund shall have been depleted so that there shall not be in the fund an amount sufficient to pay the pensions of those on the pension roll for a period of twelve months; provided, however, should in the judgment of said city, said pension fund shall have grown to such an extent as to reduce the contributions to this fund down to as low as three per centum, then and in that event, said city shall have authority so to do.
Section X. The comptroller shall keep a full and complete record of receipts for and deductions from said fund, and of deductions from the salaries, wages and

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compensation of employees; and of the payments made into said fund. Such records of the comptroller, together with any records furnished him by the city, shall be open to inspection at all regular business hours.

Section XL The said "Fund" is hereby declared not to be the property of said city, and this includes any sum paid in or directed to be paid in by said city, and it shall reserve no property in any sum raised or due by virtue of this act.

Section XII. That when a pension is properly allowed as herin provided, and

becomes a charge on said pension fund, if there is not sufficient money in said pension

fund to pay said pension promptly at the time it falls due, and from time to time,

then the city shall provide by appropriation a sufficient sum to meet any such deficiency

in payment of such pension or pensions, so that any and all pensions shall be paid

when due.

'

Section XIII. Any person who becomes an employee after the effective date of this act, in order to come under any of the benefits of this act, or be entitled to any of the benefits of this act as a permanent employee, shall not be over thirty-five years of age when employed, and shall furnish to said city proof of his age and a health certificate to its satisfaction as to his age and to its satisfaction as to his good health at the time of such employment and at the time of his employment shall file the proof of his age and certificate of his health with the clerk of council of said city and said certificate shall be from a reputable practicing physician in the City of Augusta, designated for that purpose by said city; provided that the age limitation of thirtyfive years shall not apply to any employee holding now or hereafter an office or position with said city, which positions are named as official positions by ordinances of council, within thirty days from the effective date of this act.

Section XIV. That every permanent employee in active service and employment at the time of the effective date of this act, or hereafter, whose total service as a permanent employee shall at any time amount to twenty-five (25) years, may retire on his own motion, and this shall include any permane(lt employee who shall have served twenty-five ( 25) years prior to the effective date of this act, and any permanent employee who shall serve his twenty-five (25) years after the effective date of this act, and also include any permanent employee who serves twenty-five (25) years regardless of whether part of said service is before the effective date of this act and part of the service is after the effective date of this act; such permanent employee shall be retired at one-half of the highest salary or wage or remuneration he has received as a permanent employee within the period of seventy-two months immediately preceding his retirement, plus two (2) per centum for each year's service beyond said twenty-five years, however, at no time shall any pension exceed sixty (60) per centum of the highest salary, or wage or remuneration paid to said permanent employee within the period of seventy-two months immediately preceding his retirement.

Section XV. That each permanent employee in active service and employment at- the time of the effective date of this act, or hereafter, whose total services as a permanent employee which amounts to at least twenty years, that is permanently separated from the service involuntarily hv action of said city will constitute a

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retirement of such employee if he so elects. Such permanent employee so retired shall be retired at two (2) per centum of his salary times the number of years he has served as a permanent employee, at the highest salary, wage or remuneration he has received as a permanent employee within the period of seventy-two months immediately preceding his retirement; the years of service shall be twenty or more years before the effective date of this act, or twenty or more years after the effective date, or twenty or more, part of which was served prior to the effective date of this act and part of which was served after the effective date of this act, provided, however, no permanent employee shall draw any benefits under this section if his involuntary separation from the services of the city is found by the city to have been caused by the permanent employee's wilful misconduct, or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication or wilful miscondtfct, or due to the commission of crime under the laws of this state, or any other state of the United States.
Section XVI. Any permanent employee when he is sixty-five years of age, whether he became sixty-five years of age prior to the effective date of this act, or bcomes sixty-five on or after the effective date of this act, may retire at will at two per centum of the highest salary, or wage or remuneration he has received as a permanent employee within seventy-two months immediately preceding his retirement, times the number of years served, not to exceed sixty per centum of the highest of such salary, or wage or remuneration received, provided that said permanent employee has at least ten or more years of service as a permanent employee; and, provided further that during the first five years from the effective date of this act, the foregoing provisions shall not apply unless such voluntary retirement is approved by a majority of said City Council, anything in this act to the contrary notwithstanding.
Section XVII. Any permanent employee who is permanently and totally disabled while in the discharge of his duties, and arising out of and in the course of his employment for said city, whether said disability is caused by injury or disease, shall be placed on the pension list, provided he has, prior to said permanent and total disability, continuously, actively performed the duties of his employment for one year after the effective date of this act, and shall be paid while so permanently and totally disabled one-half of the highest salary or wage or remuneration that he has received as a permanent employee within the period of seventy-two months immediately preceding his said permanent and total disability. Provided, however, that should such employee receive any workmen's compensation while so disabled, such workmen's compensation so received, excluding medical, doctor, nursing and hospitalization, shall be subtracted from any pension voucher paid said employee, and he shall receive only the excess of any pension due him after the subtraction of the amounts of workmen's compensation received by him, less any other indebtedness due the city by said employee, and it shall be the duty of said city to determine the cause and manner of the claimed permanent and total disability and to declare in its findings whether or , not such disability is permanent and total. Totally and permanently disabled shall mean that the permanent employee is not able, on account of disability received in the discharge of his duties, to adequately discharge the duties of his job or office, nor ever will be, and no permanent employee shall be declared to be totally and permanently disabled to discharge the duties of his job or office, except upon the recom-

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mendation of three reputable physicians, after examination, who shall consider the case and make their findings. One of said physicians shall be selected by said city, one by the permanent employee, and these two shall select the third. The recommendations of the physicians shall state that they "find him totally and permanently disabled from performing the duties of his job or office" and/ or that they "do not find him totally and permanently disabled from performing the duties of his job or office," and the majority report of the physicians shall govern. Should the report of the physicians state that they "find the employee totally and permanently disabled from performing the duties of his job or office," then said employee shall be declared totally and permanently disabled, and entitled to draw the pension hereinbefore set out, and his right to draw said pension shall date back to the time of injury; provided, however, that' no permanent employee shall draw any benefits under this section if his disability is found by the city to have been caused by the permanent employee's wilful misconduct, or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication or the wilful misconduct, or due to the commission of crime under the laws of this state, or any other state or the United States; and provided further it shall be the duty of said city to make frequent investigations of the disability of such employee, and in the event it determines that he is no longer totally and permanently disabled and is able to actively perform his duties or services that he was employed to perform at the time of his injury that resulted in the claimed permanent and total disability, to order said pensioner to return to work and remove him from the pension list; provided, however, after said employee is declared permanently and totally disabled and he desires to accept other employment with the city that he is able to perform that is offered him by said city, as long as he performs such duty he shall be paid at least as much as he would receive from his pension but shall not receive a pension, and in such cases the employee may leave such employment at any time he sees fit and be immediately rturned to the pension list at the surri that he was retired on, and the city may strike him from the pay roll and return him to the pension list at any time it sees fit.
Section XVIII. Any permanent employee who after one year from the effective date of this act that shall become disabled and cannot perform the duties of his employment and who has to his credit twelve years of employment as a permanent employee, whether such twelve years be before the effective date of this act, or be after the effective date of this act (or be after the effective date of this act), or part of such years are before the effective date of this act, and part after the effective date of this act, and who, after four weeks continuous unbroken disability, makes application in person or by his authorized representative, to City Council, and is found by City Council disabled and cannot perform the duties of his employment, shall be placed on the pension list and receive, while so disabled, excluding first four (4) weeks, a pension of two (2) per centum of the highest salary or wage or remuneration he has received as a permanent employee within seventy-two (72) months immediately preceding such disability times the number of years served, during the continuance of his disability. Provided, it shall be the duty of the city to make frequent investigations of such cause and return such employee to active duty or service as soon as he is able to return, at which time his pension, by virtue of this section, will stop. provided, that should such employee receive any workmen's

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677

compensation, while so disabled, such workmen's compensation so received, excluding medical, doctors, nursing and hospitalization, shall be subtracted f-om any pension voucher paid said employee and he shall receive only the excess of any pension due him after the subtraction of the amounts of workmen's compensation, as well as any other indebtedness that he may be due the city; provided, further, that no permanent employee shall draw any benefits under this section if his disability is found by the city to have been caused by the permanent employee's wilful misconduct or selfinflicted injury, or growing out of his attempt to injure another, or due to intoxication, or wilful misconduct, or due to the commission of a crime under the laws of this state or any other state or the United States.
Section XIX. Any permanent employee who, before retirement, voluntarily, absolutely separates from the service, or who is discharged, or whose office or position is abolished as provided by the "Augusta Officers and Employees Tenure Act" appearing in Georgia Laws, Extra Session 1937-38, pages 938-943, inclusive, as amended by the acts of the General Assembly of Georgia, approved February 19, 1941, Georgia Laws 1941, pages 1071-1072, hereafter amended, shall have returned to him or his estate, within ninety (90) days of the date of application after he is absolutely separated or his discharge becomes final, fifty (50) per centum of the amount of deductions from his salary, wages or remuneration by virtue of this act, without interest, less any disability payments he has received, also less any indebtedness whatever that he may be due the city, provided such permanent employee has, after becoming such permanent employee and after the effective date of this act, continued in continuous employment as provided by this act for twelve months, and when said fifty (50) per centum is returned to said employee, he shall not have any further claim or rights to receive any fund, or payments whatsoever of any kind or character from said fund.
Section XX. If a permanent employee is separated from the service of his employment, as defined in this act, by death, there shall be returned to his or her surviving spouse, if one and if not, then to his or her next of kin upon application therefor, one hundred ( 100) per centum of the deductions from his or her salary, wages or remuneration, less any payments, made to him or her by rea'!ion of any other provisions of this act, and less any sum that might be due by him or her to the city, which amount so due shall be paid to the city; and when said one hundred (100) per centum less authorized deductions, if any, is returned to said employee, or his or her estate, or his or her personal representative shall receive from said fund, no other sums whatsoever.
Section XXI. Any permanent employee, who before retirement, or who voluntarily separates from the service, or is discharged or his office or position abolished as provided by the "Augusta Officers and Employees Tenure Act" appearing in Georgia Laws, Extra Session 1937-38, pages 938-943, inclusive, as amended, and is thereafter re-employed by the city, and upon the presentation to city council of a certificate from a doctor designated by the City Council of Augusta, certifying that such permanent employee is in good health and able to perform actively the duties of his employment by the city, his services prior to such separation or discharge shall be counted in his length of service with the city, provided he shall, before he completes

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said twelve months continuous permanent employment after being so re-employed by the city, pay back into the pension fund, by paying to the comptroller of said city, the amount refunded to such permanent employee by reason of such separation or discharge.
Section XXII. There shall not be paid to any person whomsoever more than one benefit at a time under this act.
Section XXIII. None of the retirement provisions of this act shall be construed to repeal the act of the General Assembly of Georgia, Extra Session, 1937-38 ( Georgia Laws, Extra Session, 1937-38, pages 938-943, inclusive), designated as "Augusta Officers and Employees Tenure Act," as amended by an act of the General Assembly, approved February 19, 1941 (Georgia Laws 1941, pages 1071-1072), designated as "Augusta City Attorney," but to the contrary both of said acts are hereby ratified and confirmed and the city attorney of said city is hereby declared to be a permanent employee under the terms of sai? acts herein enumerated as well as this act.
Section XXIV. That whenever any permanent employee of the city is properly placed on the pension list to draw a pension from said pension fund, his pension shall be increased in proportion as the salary, wage or remuneration of the job or position that he retired on at the time of retirement shall be increased. Provided that reduction shall be made in the pension in proportion with the salary, wage or remuneration decreased from time to time for such job or position that said permanent employee so pensioned retired on, however, said pension shall never be reduced to less than the original pension granted.
Section XXV. All applications for pension shall be made to the clerk of council on forms prescribed by City Council and printed for use in such cases, and it shall be the duty of the City Council to provide said forms at all times and the clerk of council shall immediately transmit such application to the city attorney for his approval as to form and procedure, and upon his approval, same shall then be presented to council.
Section XXVI. At the close of each year the comptroller shall make a written report to City Council of funds on hand and liabilities of said pension, both accrued and contingent. This report shall be published in the City Year Book of annual reports as a part of the financial report of the city.
Section XXVII. Each section of this act and every part of each section are declared to be independent sections and the holding of any section or part of any section to be void, shall not affect the other sections or parts of such sections, and it is declared that the other sections not so held to be void, or parts of sections not held to be void, would have been enacted regardless of any section or part of any section being held void.
Section XXVIII. This act constitutes a contract between the City of Augusta and each permanent employee now and hereafter from the date it becomes effective.
Section XXIX. Any person whomsoever covered by this act, or administering the provisions of this act that violates the provisions of this act shall be guilty of a

THURSDAY, FEBRUARY 15, 1945

679

misdemeanor and shall be punished, if found guilty, as provided for the punishment of a misdemeanor in this state.
Section XXX. That the first day of the first month after the approval of this act by the Governor of Georgia shall be the "Effective Date" of this act, and beginning with said Effective Date this act is declared to be effective and an existing law of the State of Georgia.
Section XXXI. All laws and parts of laws, acts and ordinances in conflict with this act are hereby repealed.
Mr. Holley of Richmond moved that the House agree to the Senate substitute to HB 261.
On the motion to agree to the Senate substitute, the ayes were 112, the nays 0.
The motion prevailed and the Senate substitute to HB 261 was agreed to.
Under the special and continuing order of business fixed by HR 84, the following resolution of the House was taken up for consideration, read the third time and placed upon its passage:

HR 8-19A. By Mr. Alexander of Chatham:
To direct payment of a judgment obtained by A. S. Roach against the State Board of Barber and Hairdresser Examiners.
This resolution involving an appropriation, the House was resolved into a committee of the whole House to consider HR 8-19A with the instructions not to read the resolution in its entirety, and the speaker designated Mrs. Guerry of Macon as the chairman thereof.
The committee of the whole House arose and, through its chairman, reported the resolution back to the House with the recommendation that same be adopted as amended.
The following amendment of HR 8-19A was read and adopted:
Mr. Alexander of Chatham moves to amend HR 8-19A by striking the last two paragraphs thereof and inserting in lieu thereof the following:
Therefore, be it resolved, by the House of Representatives, the Senate concurring, that there is hereby appropriated from any lawful funds in the treasury of the State of Georgia not otherwise appropriated the sum of four hundred seventy-two dollars and fifty cents ($472.50) to be paid to A. S. Roach, a citizen of the State of Georgia, in payment of said judgment.
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:

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Those voting in the affirmative were:

Adamson Alexander of Chatham Arnall of Coweta Arnold of Spalding Barrett Barwick Battles Black Bloodworth of Bibb Bloodworth of Houston Brock Broome Brunson Callaway Campbell Chance Cheek Claxton Connell Connerat Crow Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Ennis, J. H. Ennis, Marion Etheridge of Butts Evitt Fortson Fowler Freeman Garrison Gary Gaskins Gavin Giddens Gowen Greene Greer

Griswell Guerry Guyton Hand Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hefner Herndon Hinson of Jeff Davis Hinson of Ware Holbrook Holleman Holley Hubert Hurst Jackson Jennings of Terrell Johns Kendrick Kenimer Key King Lam Lancaster Lane Livingston McCracken McCurdy McNall Mallard Mankin Mann of Henry Mann of Rockdale Manous Mason Moye of Brooks Moye of Randolph Mullinax

Those voting in the negative were:

Crowley Culpepper

Maund

Murphy Nicholson Oliver Overby Parham Parks Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Price Ramey Ray Ritchie Roughton Rowland Seagraves Sears Shields Sills Smiley Smith of Oglethorpe Sparks Strickland of Pike Sumner Swint Thompson Thrash Trotter Twitty Underwood Weaver Wells of Ben Hill Williams of Appling Williams of Coffee Willaims of Jones Williams of Ware Wilson
O'Shea!

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681

Those not voting were :

Adams Alexander of Carroll Almand Ansley Baker Banks Bargeron Beddingfield Boynton Britton Brooke
Bru~pby
Burch Cates Chastain Cheshire Cowart Durden Dykes Etheridge of Fulton Gammage Gibson Gilbert Glisson Hall Hampton Harden

Hart Hatchett Herrin Hicks Hill Hogg Hollis Holloway Hooks Jennings of Sumter Kelley Kennon Kent Knabb Lewis Littlejohn Looper Lovett Malone Massey Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Morrison

Mosley Oakley Oden Odom Pannell Powell Riddlespurger Rossee Sapp Seagler Sheffield Smith of Bryan Smith of Emanuel Strickland of Upson Thornton Watford Wells of Lincoln Whaley Williams of Gwinnett Williams of Toombs Willis Willoughby Witherington Young Mr. Speaker

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

On the adoption of the resolution as amended, the ayes were 122, the nay 4.
The resolution having received the requisite constitutional majority was adopted as amended.

The following resolutions of the House were read and apoted:

HR 86. By Mrs. Mankin of Fulton:
A resolution commending our Jewish fellow-citizens for memorializing the name of this State on the soil of Palestine.

HR 87. By Messrs. Connell of Lowndes, Twitty and Hand of Mitchell, Fortson of Wilkes, Williams and Hinson of Ware, Harris of Richmond, Gilbert of Glynn and Weaver of Bibb:

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JOURNAL OF THE HOUSE,

A resolution memorializing the Congress to enact SB 181 and HB 1296, relative to federal aid to education.

Mr. Hand of Mitchell moved that the House do now adjourn until 10:00 o'clock Monday morning and the motion prevailed.

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

MONDAY, FEBRUARY 19, 1945

683

Representative Hall, Atlanta, Georgia. Monday, February 19, 1945.

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 scripture reading and prayer by the chaplain.

By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, 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 consent:
( 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) Third reading and passage of uncontested local bills and resolutions. (6) First reading and reference of Senate bills and resolutions.

The following resolutions was read and referred to the Committee on Rules:

HR 91. By Mr. Durden of Dougherty:
A resolution fixing a special and continuing order of business for February 19, 1945.
By unanimous consent, the following bills and resolutions of the House were introduced, read for the first time, and referred to the committees:

HB 544. By Mesrs. Gammage and Jennings of Sumter:
A bill to be entitled an act to provide for a salary for the coroner of Sumter county; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 545. By Mr. Evitt of Catoosa: A bill to be entitled an act to amend the charter of the City of Ringgold

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JOURNAL OF THE HOUSE,

by extending the city limits; by exempting farm lands within city limits and all livestock and domestic animals from taxation; and for other purposes.
Referred to the Committee on Municipal Government.

HB 546. By Mr. McCracken of Jefferson:
A bill to be entitled an act to extend the city limits of the Town of Wadley; and for other purposes.
Referred to the Committee on Municipal Government.

HB 547. By Mr. Gary of Quitman:
A bill to be entitled an act to abolish the county court of Quitman county; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 548. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of College Park by extending the city limits; and for other purposes.
Referred to the Committee on Municipal Government.

HB 549. By Messrs. Holley, Harris and King of Richmond:
A bill to be entitled an act to provide a clerk in the office of the solicitor of the city court of Augusta; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 550. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide that the sheriff and clerk of the municipal court of Augusta shall be appointed by the judge of the court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 551. By Messrs. Glisson of Evans, Harrison of Wayne, Smiley of Liberty and Hooks of Emanuel:
A bill to be entitled an act to provide a method of selling livestock and swine belonging to the state to the farmers of the state; and for other purposes.
Referred to the Committee on General Agriculture No. 1.

HB 552. By Messrs. Wilson, Weaver and Bloodworth of Bibb:

MONDAY, FEBRUARY 19, 1945

685

A bill to be entitled an act to amend code section 74-9902 to provide for the commission of the offense of abandonment by a mother, and for the competency of witnesses; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 553. By Messrs. Wilson, Weaver and Bloodworth of Bibb:
A bill to be entitled an act to propose an amendment to Article 7, Section 6, Paragraph 2, of the Constitution to provide Bibb county may levy a tax to create a retirement fund for county employees; and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

HB 554. By Messrs. Wilson, Weaver and Bloodworth of Bobb:
A bill to be entitled an act to amend the charter of the City of Macon to provide all elections for city officials shall be held from 7 A. M. to 7 P. M. on election day; and for other purposes.
Referred to the Committee on Municipal Government.

HB 555. By Messrs. Ray of Warren, Smith of Emanuel, Harrison of Jenkins and
Hinson of Ware:
A bill to be entitled an act to amend the banking laws by changing the amount a bank may invest in other than government securities from 25 per cent to 50 per cent; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 556. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to empower Musogee county to construct and extend public sewers and charge rates and fees for the maintenance thereof; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 557. By Mr. Barwick of Grady:
A bill to be entitled an act to provide for the payment from county funds for the official bond of the sheriff of Grady county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 558. By Mr. Guyton of Effingham: A bill to be entitled an act to increase the salary of the judge of the city

686

JOURNAL OF THE HOUSE,

court of Springfield and provide for a referendum; and for other purposes. Referred to the Committee on Special Judiciary.

HR 88-558A. By Mr. Barwick of Grady:
A resolution requesting the budget commtsston to provide sufficient funds to match federal funds available to Georgia for old age assistance; and for other purposes.
Referred to the Committee on Public Welfare.

HB 559. By Mr. Evitt of Catoosa:
A bill to be entitled an act to provide that the clerk of the superior court of Catoosa county shall attend all trials in the court of the ordinary for violation of traffic laws; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 560. By Mr. Mann of Rockdale:
A bill to be entiteld an act to provide for two advisors to the county commissioner of Rockdale county from districts other than the district of the commission; to provide for competitive bids on the purchase of supplies and materials in excess of $1,000.00; and for other purposes.
Referred .to the Committee on Counties and County J\!Iatters.

HB 561. By Mr. McCurdy of DeKalb:
A bill to be entitled an act to provide that an officer who receives a salary as compensation shall remit any sums to the county or municipality from which he receives compensation by virtue of the seizure and condemnation of any vehicle for violating the state laws; and for other purposes.
Referred to the Committee on Ways and Means.

HB 562. By Messrs. Holleman, Shields and Young of M uscogee:
A bill to be entitled an act to provide a pension fund for employees of M uscogee county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 89-562A. By Mr. Kennimer of Harris:
A resolution to appropriate $5,000.00 to compensate Mr. and Mrs. ]. W. McDonald for permanent injuries received by their infant son when struck by a truck owned by the State Highway Department; and for other purposes.

MONDAY, FEBRUARY 19, 1945

687

Referred to the Committee on Special Appropriations.

Mr. Arnall of Coweta 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:

HB 357. Do Pass.

HB 453. Do Pass.

HR 53-382A. Do Pass.

Respectfully submitted,

Arnall of Coweta, 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 Chairman, to report the same back to the House with the following recommendations:

HR 48-326-C. Do Not Pass. HR 66-458-B. Do Pass. HR 81-535-B. Do Pass. HR 49-326-D. Do Pass by Substitute.
Respectfully submitted,

Ennis of Baldwin, 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:

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JOURNAL OF THE HOUSE,

HB 53i. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Bloodworth of Bibb 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 533. Do Pass. SB 180. Do P'ass. SB 165. Do Pass. HB 532. Do Pass.
SB 184. Do Pass. SB 174. Do Pass.
Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Bloodworth of Bibb 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 541. Do Pass.

Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Wells of Ben Hill County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined, found properly engrossed and

MONDAY, FEBRUARY 19, 1945

689

ready for transmiSSIOn to the Senate the following resolutions and bills of the House, to wit:
HB 115. HB 121. HB 139. HB 141. HB 142. HB 143. HB 145. HB 150. HB 161. HB 277. HB 336. HB 337. HB 441. HB 435. HB 446. HB 449. HB 451. HB 452. HB 454. HB 456. HB 457. HB 422. HB 39. HB 67. HB 73. HB 144. HB 162. HB 459.

690

JOURNAL OF THE HOUSE,

HB 463. HR 85. HR 86. HR 87. HB 147. HB 169. HB 278. HB 466. HB 467. HB 469. HB 475. HB 476. HB 480. HR 8. HB 257. HB 282.

Respectfully submitted, Wells of Ben Hill, Chairman.

Mr. Wells of Ben Hill 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 284. HB 346. HB 405. HB 406. HB 482. HB 483. HB 485.

HB 487. HB 490. HB 497. HB 501. HB 503.
HB 505.
HB 506. HB 133.

MONDAY, FEBRUARY 19, 1945

691

Respectfully submitted, Wells of Ben Hill, Chairman.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqUlstte constitutional majority the following bills and resolution of the Senate, to wit:
SR 29. By Senator Deal of the 49th:
A resolution expressing the appreciation to the Governor, the Members of the Committee who prepared the new Constitution, the Atlanta Constitution and the Atlanta Journal for the work they have performed in preparing the new Constitution.
SB 189. By Senator Hawes of the 30th:
A bill to be entitled an act amending an act providing for a board of commissioners for Elbert county, so as to raise the salary of said commissioner; and for other purposes.

SB 190. By Senator Hawes of the 30th:
A bill to be entitled an act amending an act providing a board of commissioners for Elbert county, so as to provide additional salary for the clerk thereof; and for other purposes.

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

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JOURNAL OF THE HOUSE,

HB 399. By Messrs. Lam, Trotter, and Dallis of Troup:
A bill to be entitled an act to amend the charter of the City of Hogansville by changing the form of government of said city to a city manager form of government, and for other purposes.

HB 400. By Mr. Ansley of Lee:
A bill to be entitled an act to provide for five members of the board of commissioners of roads and revenues for Lee county; and for other purposes.

HB 421. By Messrs. Weaver, Bloodworth and Weaver of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon, in order to fix the salary of the board of tax appeals; and for other purposes.

HB 423. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act authorizing Bibb county authorities to levy occupational taxes outside incorporated towns in Bibb County; and for other purposes.

HB 447. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the act creating a board of tax assessors for the City of Macon, so as to provide reassessment of property for taxation; and for other purposes.
Mr. Speaker: The Senate insists on its position on the following bill of the House, to wit:

HB 39. By Messrs. Price of Clarke, Harris of Richmond; and others: A bill to be entitled an act to amend an act providing for expenditures of certain sums to assist in the education of orphans of veterans of World War I so as to provide identical aid to orphans of veterans of World War II.
And the president has appointed as a conference committee on the part of the Senate the following:
Senators Stone of the 15th, Edwards of the 28th, Slaughter of the 50th.
By unanimous consent the following bills and resolutions of the House and Senate were favorably reported and read the second time:
HB 357. By Messrs. Harris of Richmond,Durden of Dougherty, Hand of Mitchell and Phillips of Columbia:

MONDAY, FEBRUARY 19, 1945

693

A bill to be entitled an act to amend code section 92-3118 by striking subsection (g) thereof and substituting a new sub-section relating to the method of computing income tax of persons who die during a taxable year; and for other purposes.

HB 453. By Messrs. Wilson of Bibb and Hubert of DeKalb:
A bill to be entitled an act to amend the homestead exemption law by providing a member of the family or friend of a person in the armed forces may acquire for a homestead exemption for such absent person; and for other purposes.

HB 531. By Mr. Malone of Laurens:
A bill to be entitled an act to authorize municipal and county officials in Laurens county license coin operated machines; and for other purposes.

HB 532. By Mr. Mann of Henry:
A bill to be entitled an act to amend the charter of the City of Stockbridge by extending the corporate limits; and for other p~rposes.

HB 533. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act.to amend the charter of Union City by providing hours for keeping polls open; to raise the amount persons may be fined in mayor's court; to provide for ordinances regulating motor vehicles; and for other purposes.

HB 541. By Messrs. Gowen and Gilbert of Glynn:
A bll to be entitled an act to create the Brunswick port authority and provide the authority may develop, construct, equip and operate terminal facilities at Brunswick; and for other purposes.

HR 49-326D. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A resolution directing the payment. to the Lord Electric Company, Inc., the balance due for installations of electric equipment at the New York World's Fair; and for other purposes.

HR 53-382A. By Messrs. Arnall of Coweta, Smith of Emanuel and Phillips of Columbia:
A resolution directing and authorizing the state revenue commissioner to sell contraband articles which the law requires him to seize, at ceiling prices formulated under federal laws; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 66-458B. By Mr. McCracken of Jefferson:
A resolution directing payment of balance due Riches, Piver Company, for calcium arsenate purchased in the years 1921 through 1925; and for other purposes.

HR 81-535B. By Messrs. Dorsey and Brumby of Cobb:
A resolution to pay Mrs. Dock Harrison Wooten $5,000.00 for the death of her husband caused by a power pole falling on him at the State Farmers Market; and for other purposes.

SB 165. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the pension system of the City of Atlanta to make to apply to all officers and employees and provide for payment of a arrearage by members on military leave; and for other purposes.

SB 174. By Senator Causey of the 46th:
A bill to be entitled an act to amend an act approved August 21, 1906 (Acts 1906, pp. 496-507) creating a new charter for the Town of Alma, now the City of Alma and the County of Bacon, so as to create a park and tree commission for the City of Alma; and for other purposes.

SB 180. By Senator Millican of the 52nd:
A bill to be entitled an act to create the office of deputy recorder to preside in recorder's court and to fix his salary; and for other purposes.

SB 184. By Senator McGinty of the 43rd:
A bill to be entitled an act to amend the charter of the City of Calhoun to authorize the levy of a tax of 1.5 per cent on real and personal property for school purposes.

By unanimous consent, the following bills of the House and Senate were taken up for considerations, read the third time and placed upon their passage:

HB 494. By Messrs. Holleman, Shields and Young of Musc<?gee:
A bill to be entitled an act to amend the charter of the City of Columbus changing the date for holding primary elections for nominating members of the commission of the City of Columbus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 19, 1945

695

On the passage of the bill, the ayes were 104, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 498. By Mr. Watford of Long: A bill to be entitled an act to amend the charter of the City of Ludowici by extending 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 105, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 499. By Messrs. Holleman, Shields and Young of M uscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to authorize the levy of a tax of 9 mills upon the value of property to pay current expenses 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 106, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 509. By Mr. Rowland of Johnson:
A bill to be entitled an act to provide the ordinary of Johnson county shall employ a certified public accountant to audit the books of the commissioners of roads and revenues as of February 28, 1945, and for other purposes,
The report 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 510. By Mr. Sears of Atkinson:
A bill to be entitled an act to fix the date for the election of the mayor and aldermen of the Town of Willacoochee; and for other purposes.
The report 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.

696

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.

HB 511. By Mr. Barrett of Banks:

A bill to be entitled an act to increase the compensation of the county commissioners and clerk of the board in Banks 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 512. By Mr. Watford of Long:
A bill to be entitled an act to provide for five road districts in Long county; to provide for five commissioners of roads and revenues; the method of electing; and for other purposes.
The report 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 521. By Mr. Burch of Dodge:
A bill to be entitled an act to incorporate the Town of Amoskeag in the County of Dodge; to provide for a mayor and council and other officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 526. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus by providing a salary of $100.00 per month to the mayor in addition to a salary as a member of the city 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 112, the nays 0.
The bill having received the requisite constitutional majority was passed.

MONDAY, FEBRUARY 19, 1945

697

HB 527. By Mr. Williams of Appling:
A bill to be entitled an act to authorize the county authorities in Appling county to pay the salary of the judge of the city court of Baxley in quarterly payments; and for other purposes.
The report 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 163. By Senator Yawn of the 48th:
A bill to be entitled an act to amend the charter of the City of Eastman by providing city councii shall not grant, renew or extend public utility franchise in the City of Eastman without first having a referendum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 164. By Senator Caldwell of the 73rd:
A bill to be entitled an act to amend the charter of the City of Hogansville by changing to a commission and city manager form of government instead of 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 115, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 166. By Senator Millican of the 52nd:

A bill to be entitled an act to amend the charter of the City of East P'oint to provide for absentee ballots; to provide a salary for the mayor and aldermen; to provide the city may furnish a memorial home to the American Legion; and for other purposes.

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

e bill,

On the passage of the bill, the ayes were 116, the nays 0.

The bill having received the requisite constitutional majority was passed.

698

JOURNAL OF THE HOUSE,

By unanimous consent the following bills of the Senate were introduced, read for the first time, and reported to the committees:

SB 189. By Senator Hawes of the 30th:
A bill to be entitled an act to fix the salary of the commissiOner of roads and revenues of Elbert county; and for other purposes.
Referred to the Committee on Counties and County lVlatters.

SB 190. By Senator Hawes of the 30th:
A bill to be entitled an act to fix the salary of the clerk of the commissioner of roads and revenues of Elbert county; and for other purposes.
Referred to the Committee on Counties and County Matters.

The following message from the Governor was read and ordered filed:

Hon. Roy V. Harris, Speaker House of Representatives State Capitol, Atlanta, Georgia.

Office of the Governor, Atlanta, Georgia. February 19, 1945.

Dear lHr. Speaker and Members of the House of Representatives:

I officially hand you herewith a letter to me from the Director of the State Department of Corrections. The subject matter of this letter is of such serious moment that it should be officially brought to the attention of the General Assembly.
There is now pending in the General Assembly legislation which, if enacted into law, will alleviate the situations referred to in the letter of the Director of Corrections.
If the juveniles at the State Prison are moved to the Training School, additional facilities will have to be provided. If the tubercular are removed to the State Tuberculosis Sanitorium, it will be necessary to provide some type facilities where the prisoners can be guarded. If the insane are removed to Milledgeville, it will be necessary to provide a separate building for the criminally insane. If the pregnant women are removed to some hospital or- institution, it will probably be necessary to have them guarded since they are still technically inmates of the State Prison System.
It is easy to see that the problems posed are deserving of the attention of the General Assembly.
Respectfully submitted, Ellis Arnall, Governor.

MONDAY, FEBRUARY 19, 1945

699

Honorable Ellis Arnall Governor of Georgia, State Capitol Atlanta Georgia.

Atlanta Georgia, February 15, 1945.

Dear Governor Arnall:

I wish to furnish you with the factual information concerning four of our major problems at the Georgia State Prison which require immediate action unless we are to incur public displeasure. I refer to the problem of juveniles housed in the same institution with the most vicious criminals Georgia has ever had at any one time in any institution; with tubercular cases, with mental cases and pregnant women.
We started the year 1945 with the following situation relative to juveniles incarcerated in the prisons of Georgia under the supervision of the State Department of Corrections: males 330; females, 35-a total of 365 eighteen years and under. Of this number, 143 males were first offenders and 26 females were first offenders. It is our conviction that many of these should be immediately transferred to a training school where they could be reclaimed under much more favorable conditions than could ever exist at the Georgia State Prisons.
As to tuberculosis, there was a total of seven deaths from tuberculosis at the Georgia State Prison from January 1, 1944 to December 31, 1944, and there are at the present time ten active tubercular cases now hospitalized at the male prison.
There are now at the Georgia State Prison nine males and one female who have been pronounced mentally defective or definitely psychotic by the Psychiatric Board and have been recommended for admittance to the Georgia State Prison mental hospital by this board. In addition to these there is at the women's prison another female who showed definite symptoms of mental derangement and two males who likewise showed pronounced symptoms of mental derangement.
During the year 1944 there were five babies born at the female institution and one miscarriage. In 1945 to date which is a period of SIX weeks, two babies have already been born.
I feel sure that should these facts be presented to the General Assembly, pending legislation would immediately receive approval as the situation is not only intolerable from a humanitarian standpoint but is of grave concern to the prison population, as they are adversely affected by every indication on the part of the state officials to neglect any phase of prison welfare that should have attention.
I respectfully request your active support in seeing that this situation is remedied at this session of the General Assembly.
With kindest personal regards, I am,
Sincerely yours,
F. R. Hamrick, Director.

700

JOURNAL OF THE HOUSE,

The following committee report was read from the Committee on Rules:
Mr. Speaker:
Your Committee on Rules having had under consideration the attached resolution, recommend that the same do pass.
Durden of Dougherty, Vice-Chairman.

The following resolution was read and adopted:

HR 91. By Mr. Durden of Dougherty:

A RESOLUTION
BE IT RESOLVED by the House of Representatives that the following bills and resolutions be SPt as a special and continuing order of business beginning immediately after the special calendar of business, to wit: HB 212. Recording security deed. HB 319. Oil leases. HB 460. State port bill. HB 365. Ground water bill. HB 402. Dissolution of corporations. HB 193. School census. HB 32. Peace officers.
HB 355. Federal aid school houses.
HB 474. Consequential damages. HB 465. Condemnations of rights of way. HB 471. 200 feet for public highways. HB 472. Authorization of highway department to build airports. HB 303. Dentist bill. HR 65. Appropriation Ralph Swanson. HR 56. Dade county bill. HR 70. Anti rabies. HB 266. Unemployment insurance. HB 101. Labor department.

MONDAY, FEBRUARY 19, 1945

701

HB 198. Appropriation R. D. Brown. SB 44. Corporations owning land. HB 524. Vote on liquor, beer and wine. HB 525. Prohibit sale of beer, and wine within 100 feet of schoolhouses.

Mr. Kent of Glascock 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 148.

Respectfully submitted,

Kent of Glascock, Chairman.

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 passages:

HB 234. By Messrs. Bloodworth, Weaver and Wilson of Bibb, Mitchell of Monroe, Strickland of Pike and Banks of Lamar.
A bill to be entitled an act to rearrange the counties composing the 22nd, . 26th, 35th and 36th Senatorial Districts of the State; and for other purposes.
The following amendment was read and adopted:
Mr. Bloodworth of Bibb moves to amend HB 234, by striking from the caption thereof the words "Twenty-six and Thirty-fifth" so that said caption will eliminate all reference to the Twenty-sixth and Thirty-fifth Senatorial Districts.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 132, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

HB 18. By Mr. Alexander of Chatham:
A bill to be entitled an act to reimburse T. W. Brickson for damages caused in a collision with a state highway patrol car; and for other purposes.

702

JOURNAL OF THE HOUSE,

The bill involving an appropriation, the House was resolved into a committee of the whole House to consider HB 18 with instructions not to read the bill in its entirety and the speaker designated the speaker pro-tern, Mr. Hand of Mitchell, as chairman thereof:
The committee on the whole House arose and through its chairman, reported HB 18 back to the House with recommendations that the same do pass.

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

The bill being an appropriation measure, the roll call was ordered, and the vote was as follows:

The voting in the affirmative were:

Alexander of Chatham Ansley Arnold of Spalding Banks Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Broome Brunson Burch Campbell Cates Chance Cheek Cheshire Claxton Connerat Cowart DeFoor Dorsey of Cobb Dorsey of White Dupree Dykes Ennis, Marion Etheridge of Butts

Etheridge of Fulton Fortson Fowler Freeman Gammage Gaskins Gavin Giddens Glisson Gowen Greene Griswell Guerry Guyton Hall Harden Hardy of Hall Harrison of Jenkins Hart Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Hooks Hubert Jackson

Jennings of Sumter Jennings of Terrell Johns Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lewis Littlejohn Lovett Maund McCracken McCurdy
~IcNall
Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Medders Miller Mitchell
~Morrison
Mosley Moye of Brooks

MONDAY, FEBRUARY 19, 1945

703

.Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Overyby Parham Parks Pannell Phillips Pittman of Bartow Pittman of Tift Porter Price Ramey

Ray Sapp Seagler Seagraves Sears Sheffield Shields Sills Smiley Smith of Emanuel Smith of Oglethorpe Strickland of Pike Strickland of Upson Swint Thornton Thrash

Trotter Twitty Underwood Weaver Wells of Ben Hill Wills of Lincoln Whaley Williams of Appling Williams of Jones Williams of Ware Willis Willoughby Wilson Witherington Young

Those not voting were:

Adams Adamson Alexander of Carroll Almand Arnall of Coweta Raker Boynton Brumby Callaway Chastain Connell Crow Crowley Culpepper Dallis Durden Ennis,]. H. Evitt Garrison Gary

Gibson Gilbert Greer Hampton Hardy of Jackson Harrison of Screven Harrison of Wayne Hatchett Hefner Holloway Hurst Lane Livingston Looper Massey :Vlatthews \lf Paulding Matthews o{ Pe:~ch Moore Odom Oliver

O'Sheal Pennington Pettit Powell Riddlespurger Ritchie Rossee Roughton Rowland Smith of Bryan Sparks Sumner Thompson Watford Williams of Coffee Williams of Gwinnett Williams of Toombs 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.

The speaker presented to the House Captain Elmo Thrasher of Coffee County, former assistant to the speaker of the House.

704

JOURNAL OF THE HOUSE,

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

HR 305. By Messrs. Underwood of Taylor and Kenimer of Harris:
A bill to be entitled an act to fix the time for holding the superior court in Taylor and Harris counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 312. By Mr. Griswell of Gwinnett:
A bill to be entitled an act to provide a salary for the sheriff of Gwinnett county 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 313. By Mr..Williams of Jones;
A bill to be entitled an act to provide a salary for the sheriff of Jones county in addition to fees; and for other purposes.
The following amendment was read and adopted:
Mr. Williams of Jones moved to amend HB 313 by adding to section 1 the following language: "The authorities having control of expenditures of county funds in said county may in their discretion provide compensation for the clerk of the superior court in addition to the fees allowed by law as provided herein for sheriffs in such co~nties" and that the caption be amended accordingly.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill as amended, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

HB 314. By Mr. Looper of Dawson:
A bill to be entitled an act to provide a salary for the sheriff of Dawson county in addition to fees; and for other purposes.

MONDAY, FEBRUARY 19, 1945

705

The report 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 316. By Mr. Ramey of Chattooga:
A bill to be entitled an act to provide that a second primary shall be held in Chattooga county where a candidate for any county office does not receive a majority of the votes cast; and for other purposes.
The report 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.

HR 46-326A. By Mr. Marion Ennis of Baldwin:
A resolution vesting the title to ''The Jarrett Spring Lot" in the board of regents of the University System of Georgia, said lot being located in Milledgeville; 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 resolution having received the requisite constitutional majority was adopted.

HB 339. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to fix the amount of fees to be collected and held by the coroner of Fulton county and to provide for an office and clerical 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 116, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 341. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide for the civil service system in the Fulton county probation office; and for other purposes:
The report of the committee, which was favorable to the passage of the bill, was agreed to.

706

JOURNAL OF THE HOUSE,

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 resolution was read and adopted:

HR 89. By Messrs. Gowen of Glynn, Alexander of Chatham, Williams of Ware, Connerat of Chatham, Evitt of Catoosa, Hinson of Ware, Claxton of Camden, and Young of M uscogee:
A RESOLUTION
WHEREAS, word has reached us giving the sad news of the death of the infant son of Representative John J. Gilbert and Mrs. Gilbert of Brunswick, Glynn county, Georgia, and
WHEREAS, Representative John J. Gilbert is an honored, loved and respected member of this body, and
WHEREAS, we, the members of this General Assembly, have learned with sincere regret and deep sorrow of the passing of John J. Gilbert, Jr., and are desirous of expressing as a body our sympathy and condolence to Representative and Mrs. Gilbert and other relatives,
NOW THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Georgia express to the bereaved parents our deepest sympathy and most sincere condolence, and
BE IT FURTHER RESOLVED, That these resolutions be spread upon the records of this body and that a copy of the same, suitably inscribed, be presented to Representative and Mrs. Gilbert.

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

HB 343. By Messrs. Etheridge,. Kendrick and Mrs. Mankin of Fulton:
A BILL
To be entitled an act to propose to the qualified voters of Georgia an amendment to Article VII, Section VII, Paragraph I of the Constitution
of Georgia so as to authorize the Cit of Atlanta to incur bonded indebted-
ness for school purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same ,that Article VII, Section VII, Paragraph I of the Constitution of Georgia, which has heretofore been amended, shall be further amended by 'adding at the end thereof a new paragraph as follows, to wit:

MONDAY, FEBRUARY 19, 1945

707

"And except that the City of Atlanta may, from time to time, incur indebtedness for school purposes when authorized by the affirmative vote of a majority of those voting at an election held for that purpose, and the bonds are thereafter validated in the manner provided by law. Only residents of the City of Atlanta who are qualified and registered as voters under the constitution and laws of this state shall be permitted to vote at such an election."

SECTION 2. Be it further enacted that when this amendment shall have been agreed to by the requisite two-thirds of the members of each House, with the "ayes" and "nays" entered thereon, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election, at which constitutional amendment may be voted on. 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 the amendment to Article VII, Section VII, Paragraph I of the Constitution authorizing the City of Atlanta to incur indebtedness for school 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 VII, Section VII, Paragraph I ot the Constitution authorizing the City of Atlanta to incur indebtedness for school purposes." If adopted, the result shall be declared and said amendment shall become a part of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, and the Governor shall make a proclamation therefor, as provided by law.
SECTION 3. All laws and parts of laws in conflict with this act be and the same are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, this being a constitutional amendment which requires a two-thirds constitutional majority vote, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were:

Adams Alexander of Chatham
Almand Ansley Arnall of Coweta Arnold of Spalding
B~rgeron
Barrett Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton

Britton Brock Brooke Broome Brumby Brunson Burch Campbell Cates Chance Cheek Cheshire Claxton Connerat

Cowart DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Gammage Garrison

708

JOURNAL OF THE HOUSE,

Gaskins Gavin Gibson Giddens Glisson Gowen Greene Greer Griswell Guerry Guyton
Hand Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Hart Herndon Herrin Hicks Hill Hinson of Jeff Davis Hogg Holbrook Holleman Holley Hollis Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kelley Kendrick Kenimer

Kennon Kent Key King Knabb Lancaster Lewis Littlejohn Looper Lovett McCracken
McCurdy McNall Mallard Malone Mankin Maim of Henry Mann of Rockdale Manous Mason Matthews of Peach Medders
Miller Mitchell Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson
Oakley Overby Parham Parks Pannell Pettit

Phillips Pittman of Bartow Pittman of Tift
Porter Price Ramey Ray Ritchie Roughton Sapp Seagler
Seagraves Sears Sheffield Shields Sills Smiley Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson
Swint Thrash Trotter Twitty Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling
Williams of Coffee Williams of Jones Willoughby Wilson Witherington Young

Those not voting were :

Adamson Alexander of Carroll Baker Banks Barwick Callaway Chastain

Connell Crow Crowley Culpepper Dallis Dykes Ennis, J. H.

Freeman Gary Gilbert Hall Hampton Hardy of Jackson Harrison of Wayne

MONDAY, FEBRUARY 19, 1945

709

Hatchett Hefner Hinson of Ware Holloway Lam Lane Livingston Maund Massey Matthews of Paulding Moore

Oden Odom Oliver
O'Shea! Pennington Powell Riddlespurger Rossee Rowland Smith of Bryan

Sumner Thompson Thornton Underwood Watford Williams of Gwinnett Williams of Toombs Williams of Ware Willis Mr. Speaker

By unanimous consent verification of the roll call was dispensed with. On the passage of the bill, the ayes were 153, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 344. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A BILL
To be entitled an act to amend paragraph 2 of section 6 of article 7 of the Constitution of the State of Georgia so as to authorize the General Assembly to enact laws providing in Fulton county for the payment of pensions or the continuance of retirement pay to surviving widows and minor children of county employees; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
SECTION 1. That the Constitution of the State of Georgia is hereby amended as follows, to wit: By adding to paragraph 2 of section 6 of article 7 thereof, the following words, to wit:
"The General Assembly shall have authority, however, to enact laws authorizing the County of Fulton and the governing authorities of the schools of said county to pay pensions, or to continue retirement pay, to the surviving widow or the surviving minor children of employees of such county or to the surviving widow or the surviving children of school employees of such county, and to levy taxes for such purposes. All pensions heretofore granted to widows or minor children of officers, deputies and employees of Fulton county and all contributions made by officers, deputies and employees of Fulton county from their salaries pursuant to laws heretofore passed by the General Assembly or to rules and regulations adopted by the pension board for Fulton county relating to pensions for widows and minor 'Children are hereby ratified, confirmed and made lawful."
SECTION 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General As-

710

JOURNAL OF THE HOUSE,

sembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this state, for two months next preceding the time of holding the next general election.
SECTION 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this state at the next general election to be held after the publication as provided for in the second section of this act, in the several election districts of this state at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to paragraph 2 of section 6 of article 7 of the Constitution authorizing the legislature to enact laws providing in Fulton county for the payment of pensions to surviving widows and minor children of county employees and of county school employees"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to paragraph 2 of section 6 of article 7 of the Constitution authorizing the legislature to enact laws providing in Fulton county for the payment of pensions to surviving widows and minor children of county employees and of county school employees." 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 of elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

SECTION 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be, and the same are, hereby repealed.

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

On the passage of the bill, this being a constitutional amendment which requires a two-thirds constitutional majority vote, the roll call was ordered and the vote was as follows:

Those voting m the affirmative were:

Adams Adamson Alexander of Carroll Alexander of Chatham Ansley Arnall of Coweta Arnold of Spalding Banks Bargeron

Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton

Brooke Broome Brumby Brunson Burch Campbell Cates Chance Cheek

MONDAY, FEBRUARY 19, 1945

711

Cheshire Claxton Connerat Cowart DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Gammage Gaskins Gavin Giddens Glisson Gowen Greene Greer Griswell Guerry Guyton Hand Harden Hardy of Hall Harrison of Jenkins Hart Hefner Herndon Herrin Hicks Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis

Hooks Hubert Hurst Jackson Jennings of Terrell Johns Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lancaster Lewis Littlejohn Livingston Looper Lovett Maund McCracken McCurdy McNall Mallard Mankin Mann of Henry Mann of Rockdale Manous Matthews of Peach Medders Miller Mitchell Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden O'Shea! Overby

Those not voting were :

Almand Baker Brock

Callaway Chastain Connell

Parham Parks Pannell Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray Ritchie Rossee Sapp Seagler Sears Sheffield Shields Sills Smiley Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Swint Thornton Thrash Trotter Twitty Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling . Williams of Coffee Williams of Jones Williams of Ware Wilson Witherington Young
Crow Crowley Culpepper

712

JOURNAL OF THE HOUSE,

Dallis Ennis,J. H. Fowler Freeman Gary Garrison Gibson Gilbert Hall Hampton Hardy of Jackson Harrison of Screven Harrison of Wayne Hatchett Hill

Holloway Jennings of Sumter Lam Lane Malone Mason Massey Matthews of Paulding Moore Morrison Mosley Odom Oliver Pennington

Riddlespurger Roughton Rowland Seagraves Smith of Bryan Sumner T"ompson Underwood Watford Williams of Gwinnett Williams of Toombs Willis Willoughby Mr. Speaker

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

On the passage of the bill, the ayes were 155, the nays 0.

The bill having received the requisite constitutional majority was passed.

HR 52-344A. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A resolution to propose to the people of Georgia an amendment to article 7, section 6, paragraph 2 of the Constitution of Georgia, by adding thereto a new paragraph to authorize the county commissioners of Fulton county to levy and collect a license tax from all persons doing business in unincorporated areas; and further authorizing said commissioners to regulate the conduct of business~s in said areas; and for other purposes:
SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that article 7, section 6, paragraph 2 of the Constitution of Georgia, which has heretofore been amended, be further amended by adding thereto a new paragraph in the following language, to wit:
"The County Commissioners of Fultor;t county shall have the right to assess and collect a license tax from all persons, firms or corporations maintaining a place of business or doing business in any unincorporated area of Fulton county; and for such purpose shall have the right to classify ~usiness enterprises, and to assess different license taxes against different classes of business. Such commissioners shall also have the right to regulate all such business enterprises in the interest and to the welfare of the citizens of Fulton county, and to prescribe rules and regulations for the government of same in said unincorporated areas. Violations of any regulation adopted by the county commission pursuant to this section, or failure to pay the license tax prescribed for any business, shall constitute a misdemeanor, punishable as prescribed in the General Laws of this state."
SECTION 2. Be it further enacted by the General Assembly that when said am!'ndment shall be agreed to by two-thirds vote of the members of each house, it

MONDAY, FEBRUARY 19, 1945

713

shall be entered upon the journal of each house with the "ayes" and the "nays" thereon and published in one or more newspapers in each congressional district in this state for the two months previous to the time of 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 said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to article 7, section 6, paragraph 2 of the Constitution of Georgia, authorizing Fulton county to assess and collect license taxes and regulate business in unincorporated areas," and all persons opposed to the adoption of said amendment shall have printed or written on their ballots: "Against ratification of amendment to article 7, section 6, paragraph 2 of the Constitution of Georgia, authorizing Fulton county to assess and collect license taxes and regulate business in unincorporated areas," and if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, the said amendment shall become a part of article 7, section 6, paragraph 2 of the Constitution of this state, and the Governor shall make a proclamation therefor as provided by law.

SECTION 3. All laws or parts of laws in conflict herewith are hereby repealed.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, this being a constitutional amendment which requires a two-third majority vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Adamson Alexander of Carroll Alexander of Chatham Ansley Arnold of Spalding Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brooke Broome

Brumby Brunson Burch Callaway Campbell Cates Chance Cheek Cheshire Claxton Connerat Cowart DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Ennis, Marion

Etheridge of Butts Etheridge of Fulton Evitt Fortson Freeman Gammage Gaskins Gavin Giddens Gowen Greene Greer Griswell Guerry Guyton Hall Hampton Hand

714

JOURNAL OF THE HOUSE,

Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kenimer Kennon Kent Key King Knabb Lam

Lancaster Lewis Littlejohn Livingston Looper Lovett Maund McCurdy McNall Mallard Malone
~lankin
Mann of Henry .Mann of Rockdale Manous Mason Matthews of Peach Medders Miller Mitchell Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Overby Parham Parks Pannell Pettit Phillips Pittman of Tift

Porter Price Ramey Ray Rossee Seagler Seagraves Sears Sheffield Shields Sills Smiley Smith of Emanuel Smith of Oglethorpe Strickland of Pike Strickland of Upson Swint Thornton Thrash Trotter Twitty Underwood Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Ware Willis Willoughby Wilson Witherington Young

Those not voting were :

Arnall of Coweta Baker Banks Chastain Connell Crow Crowley Culpepper Dallis Dykes

Ennis, J. H. Fowler Garrison Gary Gibson Gilbert Glisson Hatchett Kelley Kendrick

Lane McCracken Massey Matthews of Paulding Moore Morrison Mosley Odom Oliver O'Shea}

MONDAY, FEBRUARY 19, 1945

715

Pennington Pittman of Bartow Powell Riddlespurger R_itchic Roughton

Rowland ' Sapp Smith of Bryan Sparks Sumner Thompson

Watford Williams of Gwinnett . Williams of Jones Williams of Toombs Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 158, the nays 0. The resolution having received the requisite constitutional majority was adopted.

HB 351. By Mr. Lewis of Hancock: A bill to be entitled an act to provide for four terms each year of Hancock 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 136, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 397. By Mr. Ray of Warren:
A bill to be entitled an act to provide for compensation for a deputy clerk of the superior court of Warren 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 123, the nays 0. The bill having received the requisite constitutional majority was passed.

HR 58-402A. By Messrs. Phillips of Columbia, Harrison of Jenkins, Gowen of Glynn, and McCracken of Jefferson:
A resolution creating the Alton Cogdell.Memorial Association Commission; 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 122, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

HB 407. By Messrs. Holleman, Shields and Young of Muscogee:

716

JOURNAL OF THE HOUSE,

A bill to be entitled an act to increase the fees of coroner jurors m Muscogee county; and for other purposes.
The following amendment was read and adopted:
The Committee of the House on Counties and County Matters amends HB 1{>7 by striking the words and figures, "not less than 74,000 and not more than 100,000" wherever they appear in this bill and substituting in lieu thereof the words and figures, "not less than 75,484 and not more than 75,504."
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.

H B 408. By Messrs. Holleman, Shields and Young of M uscogee :
A bill to be entitled an act to increase fees of the coroner of Muscogee county; and for other purposes.
The following amendment was read and adopted:
Mr. Holleman of Muscogee moves to amend HB 408 by striking the words and figures, not less than 74,000, and not more than 100,000, and substituting in lieu thereof the words and figures, not les sthan 75,484, and not more than 75,504.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, as amended, the ayes were 123, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

HB 409. By Mr. Manous of Cherokee:
A bill to be entitled an act to provide that the Fiscal Authority of Cherokee . county shall pay the cost in misdemeanor cases to county officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, .the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 410. By Mr. Manous of Cherokee:

MONDAY, FEBRUARY 19, 1945

717

A bill to be entitled an act to provide a deposit of $10.00 as costs in all divorce suits filed in Cherokee 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 125, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 431. By Messrs. Whaley of Telfair, Adams of Wheeler, Morrison of Montgomery, Hall of Truetlen, DuPree of Pulaski, Dykes of Bleckley, and Burch of Dodge:
A bill to be entitled an act to fix the salary for the court reporter of the Oconee judicial circuit for reporting and transcribing criminal cases; and for other purposes.
The following amendment was read and adopted:
Mr. Hall of Truetlen amends HB 431 by striking $20.00 wherever the same appears in said bill with reference to the County of Truetlen and substituting in lieu $15.00.
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 117, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

HB 438. By Mr. Dykes of Bleckley:
A bill to be entitled an act to authorize the next grand jury to increase the pay of the sheriff of Bleckley county by paying a salary of $100.00 a 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 116, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 442. By Mr. Burch of Dodge:
A bill to be entitled an act to provide for the appointment of special deputy sheriff for Dodge county and to fix his compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

718

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were.115, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 443.. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize the board of education of Fulton county to call elections on the issuing of school bonds without the necessity of a petition signed by one-fourth of the registered 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 122, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 187. By Messrs. Hinson of Jeff Davis, Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend article 6, section 13, of the Constitution of the State of Georgia by adding after paragraph 2 a new paragraph to be known as paragraph 3 of section 13 of article. 6 of said Constitution, providing that the General Assembly may authorize and direct the counties composing the Brunswick judicial circuit to pay to the present and any future judge of the superior courts of the said circuit, the sum of $100.00 per month in addition to the salary paid by 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 I. That the Constitution of the State of Georgia is hereby amended as follows, to wit: By adding a new paragraph to section 13 of article 6 of said constitution to follow paragraph 2 and to be known as paragraph 3, which shall provide:
"Paragraph 3. The General Assembly may authorize and direct the counties composing the Brunswick judicial circuit to pay to the present and any future judge of the superior courts of the said judicial circuit, the sum of $100.00 per month in addition to the salary paid by the State of Georgia, and apportion such additional compensation among such counties."
SECTION II. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with the ayes and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this state, for two months next preceding th~ time of holding the next general election.

MONDAY, FEBRUARY 19, 1945

719

SECTION III. Be it further enacted by the authority. aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this state at the next general election to be held after the publication as provided for in the second section of this act, in the several election districts of this state, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words:
"For ratification of amendment to Article VI, S~ction XIII of the Constitution of Georgia by adding a new paragraph, providing that the General Assembly may authorize and direct the counties composing the Brunswick judicial circuit to pay to the present and any future judge of the superior courts of the said circuit, the sum of $100.00 per month in addition to all salary paid by the State of Georgia." 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 VI, Section XIII of the Constitution of Georgia by adding a new paragraph, providing that the General Assembly may authorize and direct the counties composing the Brunswick judicial circuit to pay to the present and any future judge of the superior courts of the said circuit, the sum of $100.00 per month in addition to all salary paid by the State of Georgia." If, the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this state. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the secretary of state to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
SECTION IV. 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.
On the passage of the bill, this being a constitutional amendment which requires a two-third majority vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adamson Alexander of Carroll Alexander of Chatham Ansley Arnall of Coweta Arnold of Spalding Bargeron Barrett Barwick

Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Br.:toke Broome

Brumby Brunson Campbell Cates Chance Cheek Cheshire Connerat Cowart

720

JOURNAL OF THE HOUSE,

Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Ennis, Marion Etheridge of Fulton Evitt Fortson Freeman Gammage Gavin Giddens Glisson Gowen Greer Griswell Guerry Guyton Hall Hand Harden Hardy of Hall Harrison of Jenkins Hart Herndon Herrin Hill Hinson of Jeff Davis Hogg Holbrook Holleman Holley Hollis Hooks Hubert Hurst Jackson

Jennings of Sumter Jennings of Terrell Johns Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lewis Littlejohn Livingston Lovett Maund McCracken McCurdy McNall Mallard Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Mitchell Morrison Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oliver

Those not voting were:

Adams Almand
Baker Banks Battles Burch

Callaway Chastain Claxton Connell Crow Crowley

O'Sheal Overby Parham Parks Pannell Pettit Pittman of Tift Porter Price Ray Ritchie Rossee Seagler Seagraves Shields Sills Smiley Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thornton Thrash Trotter Twitty Watford Weaver Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Ware Willis Wilson Witherington Young
Culpepper Dykes Ennis, J. H. Etheridge of Butts Fowler Garrison

MONDAY, FEBRUARY 19, 1945

721

Gary Gaskins Gibson Gilbert Greene Hampton Hardy of Jackson Harrison of Screven Harrison of Wayne Hatchett Hefner Hicks Hinson of Ware Holloway Lane

Looper Malone Medders Miller Moore Mosley Oden Odom Pennington Phillips Pittman of Bartow Powell Ramey Riddlespurger

Roughton Rowland Sapp Sears Sheffield Smith of Bryan Thompson Underwood Wells of Ben Hill Wells of Lincoln Williams of Gwinnett Williams of Toombs Willoughby Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 144, the nays 0. The bill having received the requisite constitutional majority was passed.

Mr. Durden of Dougherty moved that the House recess until 2:00 o'clock and the motion prevailed.
The speaker announced the House recessed until 2 :00 o'clock.

The speaker called the House to order.

2:00 o'Clock P. M.

The following resolution was read and adopted:

HR 111. By Messrs. J. H. Ennis and Marion Ennis of Baldwin:
A RESOLUTION
WHEREAS the A Capella Choir, composed of students of the Georgia State College for Women and Georgia Military College of Milledgeville, Georgia, will be in Atlanta on February 26th.
WHEREAS, for the past several years this fine choir has entertained the General Assembly when on their annual trip to Atlanta,
NOW THEREFORE BE IT RESOLVED by the House, the Senate concurring, that the House and Senate extend an invitation to this choir to sing to the House and Senate in joint session at 10:30 a. m. on Monday, February 26, 1945, and that the General Assembly convene in joint session in the Hall of the House of Representatives at 10:30 a. m. on Monday, February 26, 1945, for the purpose.

722

JOURNAL OF THE HOUSE,

Under the special and continuing 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 29-225A. By Messrs. Gowen and Gilbert qf Glynn:
A resolution ratifying and confirming the order of Governor Arnall pertaining to the collection of a tax of one-eighth of one cent per pound on edible crab meat; 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 resolution having received the requisite constitutional majority was adopted.

HB 276. By Mr. Sears of Atkinson: A bill to be entitled an act to pay the sheriff of Atkinson county a salary 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 121, the nays 0. The bill having received the requisite constitutional majority was passed.

The speaker presented to the House a former Representative from Troup. county, Hon. R. M. Ware of Hogansville.
Under the special and continuing order of business, the following bills and resolutions were taken up for consideration, read the third time and placed upon their passage:

HB 286. By Messrs. Dorsey and Brumby of Cobb: A bill to be entitled an act to fix the salary of the coroner 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 106, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 288. By Messrs. Alexander, MeN all and Connerat of Chatham, Gilbert and Gowen of Glynn:

MONDAY, FEBRUARY 19, 1945

723

A bill to be entitled an act to repeal existing laws relating to pilotage and to provide for the creation of pilotage commissions in the several ports in this state; to provide for licensing and retirement of pilots; and for other purposes.
The report of the corJmittee, 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 342. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton, Hubert and Broome of DeKalb:
A bill to be entitled an act to provide for the condemnation and sale of any vehicle used to transport lottery tickets; and for other purposes.
The following amendment was read and adopted:
Mr. McCurdy of DeKalb moves to amend HB 342 by adding to paragraph (b) of section 2 the following language :
"Where such officers are paid a salary, the fiscal authority of the county or municipality paying such salary may require the officer making such seizure to remit the sum to the treasury of such county or municipality."
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.

HR 30-225B. By Messrs. Thrash of Coffee, Hatchett and Thompson of Meriwether, and Fortson of Wilkes:
A resolution repealing a resolution adopted at the extra-ordinary session of 1944 to the effect that two members of the state prison board should not be employed by the department of corrections; 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 resolution having received the requisite constitutional majority was adopted.

HB 252. By Messrs. Ray of Warren and Smith of Emanuel: A bill to be entitled an act to provide where there are two or more militia

724

JOURNAL OF THE HOUSE,

districts in an incorporated town or city electors may vote in a militia district other than the one in which he 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 120, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 264. By Messrs. Holley, King and Harris of Richmond: A bill to be entitled an act to provide a minimum salary for members of the fire department of the City of Augusta; and for other purposes.
By unanimous consent, HB 264 was tabled.

HB 269. By Messrs. Thompson and Hatchett of Meriwether:
A bill to be entitled an act to provide that the clerk of the superior court of Meriwether county shall be paid a salary 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 116, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 271. By Dr. Moye of Brooks: A bill to be entitled an act to pay the sheriff of Brooks county a salary 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 119, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 353. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and Phillips of Columbia:
A bill to be entitled an act to amend paragraph 5 of code section 40-208, to
provide that the secretary of state shall keep a book of commissions showing the dates when issued for all officers, civil and military; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 19, 1945

725

On the passage of the bill, the ayes were 114, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 360. By Mr. McNall of Chatham:

A bill to be entitled an act to repeal code section 45-503 and substitute a new section providing that each peddler of fresh water fish shall obtain a license in each county where he sells fish; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Mr. MeN all of Chatham moved the ayes and nays. The motion prevailed and the roll call was ordered. The vote was as follows:

Those voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Arnall of Coweta Arnold of Spalding Bargeron Barrett Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Broome Chance Cheshire Claxton Culpepper Dallis Dorsey of Cobb Dorsey of White Dupree Durden Ennis, Marion Evitt Fortson Freeman Gammage Garrison Gary Gavin

Giddens Glisson Gowen Greene Greer Griswell Guerry Guyton Harden Hardy of Hall Harrison of Jenkins Hart Hefner Herndon Herrin Hill Hinson of Jeff Davis Hogg Hollis Hubert
Hurst Kelley Kendrick Kenimer King Lam Lancaster Lewis Maund McCracken McCurdy

McNall Mallard Mankin Mann of Henry Mann of Rockdale Mason Matthe~s of Faulding Matthews of Peach Mitchell Moore Morrison Moye of Randolph Murphy Nicholson Oliver O'Shea! Parks Pannell Phillips Ray Ritchie Rossee Seagler Sears Sheffield Sills Sparks Strickland of Upson Swint Thornton Thrash

726

JOURNAL OF THE HOUSE,

Trotter Twitty Watford Weaver

Wells of Lincoln Whaley Williams of Jones Williams of Ware

Willis Willoughby Wilson Young

Those voting in the negative were:

Adamson Almand Barwick Campbell Cheek DeFoor Etheridge of Butts Gaskins Holbrook

Hooks Jackson Jennings of Terrell Kennon Manous Massey Miller Moye of Brooks Oakley

Parham Pittman of Bortow Porter Seagraves Smith of Oglethorpe Strickland of Pike Underwood Williams of Appling Williams of Coffee

Those not voting were:

Adams Ansley Baker Banks Battles Boynton Brumby Brunson Burch Callaway Cates Chastain Connell Conner at Cowart Crow Crowley Dykes Ennis, J. H. Etheridge of Fulton Fowler Gibson Gilbert Hall Hampton

Hand Hardy of Jackson Harrison of Screven Harrison of Wayne Hatchett Hicks Hinson of Ware Holleman Holley Holloway Jennings of Sumter Johns Kent Key Knabb Lane Littlejohn Livingston Looper Lovett Malone Medders Mosley Mullinax Oden

Odom Overby Pennington Pettit Pittman of Tift Powell Price Ramey Riddlespurger Roughton Rowland Sapp Shields Smiley Smith of Bryan Smith of Emanuel Sumner Thompson Wells of Ben Hill Williams of Gwinnett Williams of Toombs Witherington Mr. Speaker

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

On the passage of the bill, the ayes were 105, the nays 27.

The bill having received the requisite constitutional majority was passed

MONDAY, FEBRUARY 19, 1945

727

HB 366. By Mr. McNall of Chatham:

A bill to be entitled an act to amend the game and fish law by providing that the state game and fish commission shall employ and have control over all employees of the department, and fixing the salary of the director; and for other purposes.

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

On the passage of the bill, Mr. MeNall moved the ayes and nays. The motion prevailed, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander of Carro.U Alexander of Chatham Almand Arnall of Coweta Arnold of Spalding Bargeron Barrett Beddingfield Black Bloodworth of Bibb Britton Brooke Broome Brumby Campbell Cheek Cheshire Claxton Conner at Culpepper Dallis
Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, Marion Evitt Fortson Fowler Freeman Gammage Garrison Gary

Gaskins Gavin Giddens Glisson Gowen Greene Greer Griswell Guerry Guyton Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Hefner Herndon Hill Hinson of Jeff Davis Hogg Holbrook Hollis
Hubert Hurst Jackson Jennings of Terrell Kelley Kendrick Kennimer Kennon Key King Knabb Lam Lancaster

Littlejohn Looper Maund McCracken McCurdy McNall Mallard Mankin Mann of Henry Mann of Rockdale Manous Mason Hassey Matthews of Paulding Matthews of Peach Medders Mitchell Moye of Randolph Mullinax Murphy Nicholson Oakley Oden O'Shea! Parham Parks Pettit Phillips Pittman of Bartow Pittman of Tift Porter Ramey Ray Ritchie

728

JOURNAL OF THE HOUSE,

Rossee Rowland Sapp Seagraves Sears Sheffied Sills Smiley

Smith of Emanuel Smith o Oglethorpe Sparks Strickland of Upson Swint Thornton Thrash Trotter

Twitty Watford Weaver Williams of Jones Williams of Ware Willis Wilson Young

Those voting in the negative were:

Adamson Ansley DeFoor

Underwood Williams of Appling

Williams of Coffee Witherington

Those not voting were :

Adams Baker Banks Barwick Battles Bloodworth of Houston Boynton Brock Brunson Burch Callaway Cates Chance Chastain Connell Cowart Crow Crowley Ennis, J. H. Etheridge of Butts Etheridge of Fulton Gibson Gilbert Hall

Hampton Hand Hardy of Jackson Harrison of Wayne Hart Hatchett Herrin Hicks Hinson of Ware Holleman Holley Holloway Hooks
Jennings of Sumter Johns Kent Lane Lewis Livingston Lovett Malone Miller Moore Morrison

Mosley Moye of Brooks Odom Oliver Overby Pannell Pennington Powell Price Riddlespurger Roughton Seagler Shields Smith of Bryan Strickland of Pike Sumner Thompson Wells of Ben Hill Wells of Lincoln Whaley Williams of Gwinnett Williams of Toombs Willoughby 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 7. The bill having received the requisite constitutional majority was passed.

HB 383. By Mr. Price of Clarke:

MONDAY, FEBRUARY 19, 1945

729

A bill to be entitled an act to amend code section 32-937 so as to provide veterans of World War II may attend the public schools 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 113, the nays 0.

The bill having received the requisite constitutional majority was passed.

HR 59-407A. By Messrs. Durden of Dougherty, Hand of Mitchell and Gowen of Glynn:
A resolution authorizing the state administration to cooperate fully with the Council of State Governments; and for other purposes.

The resolution involving an appropriation, the House was resolved into a committee of the whole House to consider HR 59-407A with instructions not to read the resolution in its entirety, and the speaker designated Mr. Connerat of Chatham as chairman thereof.

The committee of the whole House arose and through its chairman reported HR 59-407A back to the House with the recommendaion that the same do pass.

The report of the committee which was favorable to the adoption of the resolution, 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:

Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Bargeron Barrett Barwick Beddingfield Black Bloodworth of Bibb Britton Brooke Brumby Campbell

Chance Cheek Cheshire Dallis DeFoor Dorsey of White Dupree Durden Ennis, Marion Evitt Fortson Freeman Gammage Garrison Gary Gavin Giddens

Glisson Gowen Greene Greer Guerry Guyton Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Hart Hefner Herndon Hill Hinson of Jeff Davis Hogg Holbrook

730

JOURNAL OF THE HOUSE,

Hollis Hooks Hubert Jennings of Terrell Kelley Kendrick Kenimer Kennon Key King Knabb Lam Lancaster Littlejohn Looper McCracken McCurdy McNall :\fallard Mankin Manous Mason Massey Matthews of Paulding

Medders Mitchell :Vloye of Brooks Moye of Randolph :VIullinax Murphy Nicholson Oakley Oden Oliver O'Shea! Parham Parks Pannell Pettit Phillips Pittman of Bartow Pittman of Tift Porter Ramey Ray Ritchie Rossee Rowland

Those not voting were:

Adams Baker Banks Battles Bloodworth of Houston Boynton Brock Broome Brunson Burch Callaway Cates Chastain Claxton Connell Conner at Cowart Crow Crowley Culpepper Dorsey of Cobb

Dykes
Ennis, J. H.
Etheridge of Butts Etheridge of Fulton Fowler Gaskins Gibson Gilbert Griswell Hall Hampton Hand Hardy of Jackson Harrison of Wayne Hatchett Herrin Hicks Hinson of Ware Holleman Holley Holloway

Sapp Seagler Seagraves Sears Sheffield Smiley Smith of Ogletharpe Sparks Strickland of Upson Swint Thrash Trotter Twitty Underwood Watford Weaver Wells of Lincoln Williams of Appling Williams of Coffee Williams of Jones Williams ot Ware Wilson Witherington Young
Hurst Jackson Jennings of Sumter Johns Kent Lane Lewis Livingston Lovett Maund Malone Mann of Henry Mann of Rockdale Matthews of Peach Miller Moore Morrison Mosley Odom Overby Pennington

MONDAY, FEBRUARY 19, 1945

731

Powell Price Riddlespurger Roughton Shields Sills Smith of Bryan

Smith of Emanuel Strickland of Pike Sumner Thompson Thornton Wells of Ben Hill Whaley

Williams of Gwinnett Willaims of Toombs Willis Willoughby Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the p~ssage of the bill, the ayes were 123, the nays 0. The bill having received the requisite constittutional majority was passed.

Mr. Durden of Dougherty moved that the House recess until tomorrow morning and the motion prevailed.

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

732

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, February 20, 1945.

The House met pursuant to adjournment this day at 10:00 A. M., was called to order by the speaker and opened with scripture reading and prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with. The journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consent:
( 1) Introduction of bills and resolutions. (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) Third reading and passage of uncontested local bills and resolutions. (6) First reading and reference of Senate bills and resolutions.

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

HR 92. By Mr. Durden of Dougherty: A resolution fixing a special order of business for February 20, 1945.

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

HB 563. By Dr. Witherington of Wilcox:
A bill to be entitled an act to require a deposit of $10.00 as costs in all divorce petitions filed in Wilcox county; and for other matters.
Referred to the Committee on Counties and County Matters.

HB 564. By Messrs. Williams and Hinson of Ware:

A bill to be entitled an act to raise the limit of tax in Waycross for school

purposes from 10 to 15 mills; and for other purposes.

.

Referred to the Committee on Municipal Government.

TUESDAY, FEBRUARY 20, 1945

733

HB 565. By Messrs. Weaver and Bloodworth of Bibb and Gilbert of Glynn:
A bill to be entitled an act to provide for the construction of the place of execution of a registrable instrument shall be construed to have been attested by the officer in the city, county, state or country iJ which he had authority to act; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 566. By Messrs. Hill and Price of Clarke, Kendrick of Fulton and Hicks of Floyd:
A bill to be entitled an act to amend an act approved March 19, 1943 (Ga. Laws 1943, pp. 640-670) establishing a retirement system for teachers by repealing sub-section 6 of section 4 and substitutiong a new sub-section 6 to provide restoration of beneficiaries to membership, and provide for contributions during period beneficiary is not a member; and for other purposes.
Referred to the Committee on Pensions.

HB 567. By Messrs. Harrison of Screven and Harrison of Jenkins:
A bill to be entitled an act to amend the charter of the City of Sylvania to create a public school system in said city; to provide a board of trustees; to provide for levying a tax and the issuance of bonds; and for other purposes.
Referred to the Committee on Municipal Government.

HB 568. By Messrs. Harrison of Screven and Harrison of Jenkins:
A bill to be entitled an act to establish public schools for the Sylvania district; to define the boundaries of same; to provide a board of trustees; to authorize the levy of a tax and the issuance of bonds for school improvements; and for other purposes.
Referred to the Committee on Municipal Government.

HB 569. By Mr. Harrison of Jenkins:
A bill to be entitled an act to fix the salary of the tax commissioner of Jenkins county; and for other purposes. Referred to the Committee on Counties and County Matter~

HB 570. By Mr. Rossee of Putnam:
A bill to be entitled an act ~o fix the salary of the deputy clerk of the county court to be paid by the county; and for other purposes. Referred to the Committee on Counties and County Matters.

734

JOURNAL OF THE HOUSE,

HR 93-568A. By Messrs. Durden and Sapp of Dougherty:

A resolution to authorize the Governor to deed back to the City of

Albany certain property deeded to the state by the city; and for other

purposes.



Referred to the Committee on l\1 unicipal Government.

HR 94-5688. By Messrs. Durden and Sapp of Dougherty:
A resolution to confirm the action of the Governor in suspending the tax on motor fuels used in the training of air pilots; and for other purposes.
Referred to the Committee on Ways and Means.

HR 95-568C. By Mr. Harris of Richmond:
A resolution to direct the budget commission to reimburse the department of law for expenses incurred in freight rate litigation in the Supreme Court of the United States; and for other purposes.
Referred to the Committee on Appropriations.

HR 96-568D. By Mr. Etheridge of Butts:
A resolution to authorize the state librarian to furnish the clerk of the superior court of Butts county certain copies of reports of the supreme court and court of appeals; and for other purposes.
Referred to the Committee on Public Library.

HB 571. By Messrs. Chastain and Hart of Thomas:
A bill to be entitled an act to authorize the City of Thomasville to open or close streets or alley ways, or parts thereof; and for other purposes.
Referred to the Committee on Municipal Government.

HB 572. By Messrs. Chastain and Hart of Thomas:
A bill to be entitled an act to amend the charter of the City of Thomasville to raise the amount of tax for school purposes from seven-tenths of one per cent to one per cent; and for other purposes.
Referred to the Committee on Municipal Government.

HB 573. By Messrs. Chastain and Hart of Thomas:
A bill to be entitled an act to amend the charter of the City of Thomasville to provide for zoning and planning ordinances; and for other purposes:
Referred to the Committee on Municipal Government.

TUESDAY, FEBRUARY 20, 1945

735

HB 574. By Messrs. Chastain and Hart of Thomas:
A bill to be entitled an act to amend the charter of the City of Thomasville to clarify the terms of office of the board of education and provide for the election of their successors; and for other purposes.
Referre& to the Committee on Municipal Government.

Mr. Almand of Walton County, Chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:

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

HB 64. Do Pass.

Respectfully submitted, Almand of Walton, Chairman.

Mr. Arnall of Coweta 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, the report the same back to the House with the following recommendations:

HB 371. Do Pass.

Respectfully submitted,

Arnall of Coweta, Chairman.

lHr. 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 House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 539. Do Pass.

Respectfully submitted, McCracken of Jefferson, Chairman.

736

JOURNAL OF THE HOUSE,

Mr. Smith of Oglethorpe County, Chairman of the Committee on P'ublic 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 72-498A. Do Pass. Respectfully submitted, Smith of Oglethorpe, Chairman.

Mr. Bloodworth of Bibb 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 548. Do Pass.

HB 546. Do Pass.

H B 545. Do Pass.

HB 554. Do Pass.

Respectfully submitted,

Bloodworth of Bibb, Chairman.

Mr. Dallis of Troup County, Vice-chairman of the Committee on Special Appropriations, submitted the following report:

Mr. Speaker:

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

HR 89-562A. Do Pass.

HB 444. Do Pass.

HR 76-523B. Do Pass.

HR 75-523A. Do Fass.

Respectfully submitted,

Dallis of Troup, Vice Chairman.

TUESDAY, FEBRUARY 20, 1945

737

Mr. Arnold of Spaulding County, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 555. Do Pass.
Respectfully submitted, Arnold of Spaulding County, Chairman.

Mr. Pannell of Murray 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:
SB 93. Do Pass. HB 486. Do Not Pass. HB 518. Do Pass. HB 544. Do Pass. HB 549. Do Pass.
HB 550. Do Pass.
HB 558. Do Pass.
Respectfully submitted, Pannell of Murray, 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 538. Do Pass. HB 530. Do Pass.

738

JOURNAL OF THE HOUSE,

HB 534. Do Pass. HB 536. Do Pass. HB 537. Do Pass. HB 540. Do Pass. HB 542. Do Pass. HB 543. Do Pass. HB 556. Do Pass. HB 557. Do Pass. HB 559. Do Pass. HB 560. Do Pass. HB 562. Do Pass. SB 158. Do Pass. SB 173. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

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

SB 168. By Senator Millican of the 52nd:
A bill to be entitled an act amending an act creating a civil service board in Fulton county so as to provide a merit system; and for other purposes.

SB 186. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

SB 193. By Senator Cook of the 42nd:
A bill to be entitled an act amending an act incorporating the City of Summerville by adding a new section thereto; and for other purposes.

TUESDAY, FEBRUARY 20, 1945

739

SB 194. By Senator Minchew of the 5th:
A bill to be entitled an act amending an act creating the Town of Willacoochee as as to provide the method of election of mayor and councilmen;
and for other purposes.

SB 195. By Senator Bentley of the 25th:
A bill to be entitled an act amending an act providing for the election of the chairman of the board of commissioners of roads and revenues of Upson county, so as to provide that no member may serve as the mayor of the City of Thomasville while serving; and for other purposes.

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

HB 64. By Mrs. Mankin and Mr. Etheridge of Fulton:
A bill to be entitled an act to provide that railroads and other corporations may pay the wife of an employee adjudged insane the wages due said employee not to exceed $200.00; and for other purposes.

HB 371. By Messrs. Arnall of Coweta, Smith of Emanuel and Phillips of Columbia:
A bill to be entitled an act to amend the income tax law by providing for interest at 6 per cent on refunds of taxes erroneously or illegally paid; to provide for filing claims within three years; to repeal code sections 92-3308 and 92-3310 in their entirety; and for other purposes.

HB 444. By Mr. Burch of Dodge:
A bill to be entitled an act to appropriate the sum of $1,841.07 to a judgment in favor of Forehand S. Bass against the state highway department, rendered at the May term, 1944, of Dodge superior court.

HB 518. By Mr. Giddens of Calhoun:
A bill to be entitled an act to require a deposit with the clerk of $10.00 with each petition for a divorce as costs in Calhoun superior court; and for other purposes.

HB 530. By Messrs. Cheshire and Riddlespurger of Colquitt:
A bill to be entitled an act to provide in all petitions for divorce in Colquitt county a deposit of $12.00 shall be made for costs; and for other purposes.

HB 534. By Mr. Murphy of Haralson: A bill to be entitled an act to fix the salary and expenses of the com-

740

JOURNAL OF THE HOUSE,

missioner of roads and revenues of Haralson county; and for other purposes.

HB 536. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to increase the salary of the specail criminal bailiff in Richmond county; and for other purposes.

HB 537. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to fix the salary of the court reporter, bailiff and stenographer of the solicitor general in Richmond superior court; and for other purposes.

HB 538. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to fix the salary of the assistant solicitor of the city court of Augusta; and for other purposes.

HB 539. By Mr. Sills of Candler:
A bill to be entitled an act to amend code section 34-405 providing after the word "primaries," the words "held by any political party to which such person belongs"; and for other purposes.

HB 540. By Mr. Moye of Brooks:
A bill to be entitled an act to provide that Brooks county shall pay $100.00 per month to any peace officer who is permanently disabled in line of duty; and for other purposes.

HB 542. By Messrs. Hooks and Smith of Emanuel:
A bill to be entitled an act to fix the salary of the tax commissioner of Emanuel county at $4,500.00 per annum; and for other purposes.

HB 543. By Messrs. Smith and Hooks of Emanuel:
A bill to be entitled an act to fix a new schedule of fees for the clerk and sheriff of the city court of Swainesboro; and for other purposes.

HB 544. By Messrs. Gammage and Jennings of Sumter:
A bill to be entitled an act to provide for a salary for the coroner of Sumter county; and for other purposes.

HB 545. By Mr. Evitt of Catoosa:
A bill to be entitled an act to amend the charter of the City of Ringgold

TUESDAY, FEBRUARY 20, 1945

741

by extending the city limits; by exempting farm lands within city limits and all livestock: and domestic animals from taxation; and for other purposes.

HB 546. By Mr. McCracken of Jefferson:
A bill to be entitled an act to extend the city limits of the Town of Wadley; and for other purposes.

HB 548. By Messrs. Etheridge, Kendrick: and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of College Park: by extending the city limits; and for other purposes.

HB 549. By Messrs. Holley, Harris and King of Richmond:
A bill to be entitled an act to provide a clerk: in the office of the solicitor of the city court of Augusta; and for other purposes.

HB 550. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide that the sheriff and clerk: of the municipal court of Augusta shall be appointed by the judge of the court; and for other purposes.

HB 554. By Messrs. Wilson, Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to provide all elections for city officials shall be held from 7 A. M. to 7 P. M., on election day; and for othf'r purposes.

HB 555. By Messrs. Ray of Warren, Smith of Emanuel, Harrison of Jenkins
and Hinson of Ware:
A bill to be entitled an act to amend the banking laws by changing the amount a bank: may invest in other than government securities from 25 per cent to 50 per cent; and for other purposes.

HB 556. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to empower Muscogee county to construct and extend public sewers and charge rates and fees for the maintenance thereof; and for other purposes.

HB 557. By Mr. Barwick: of Grady:
A bill to be entitled an act to provide for the payment from county funds for the official bond of the sheriff of Grady county; and for other purposes.

742

jOURNAL OF THE HOUSE,

HB 558. By Mr. Guyton of Effingham:
A bill to be entitled an act to increase the salary of the judge of the city court of Springfield and provide for a referendum; and for other purposes.

HB 559. By Mr. Evitt of Catoosa:
A bill to be entitled an act to provide that the clerk of superior court of Catoosa county shall attend all trials in the court of ordinary for violation of traffic faws; and for other purposes.

HB 560. By Mr. Mann of Rockdale:
A bill to be entitled an act to provide for two advisers to the county commissioners of Rockdale county from districts other than the districts of the commission; to provide for competitive bids on the purchase of supplies and materials in excess of $1,000.00; and for other purposes.

HB 562. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to provide a pension fund for employees of M uscogee county; and for other purposes.

HR 72-498A. By Mr. Harrison of Montgomery:
A resolution authorizing the state librarian to furnish the ordinary of Montgomery county certain volumes of the supreme court reports and court of appeals reports; and for other purposes.

HR 75-523A. By Messrs. Parks of Lumpkin, Hardy of Hall, Boynton of Union, Sparks of Towns, Looper of Dawson, Dorsey of White, Garrison of Habersham and Fortson of Wilkes:
A resolution to direct the state highway department to pay L. T. Garrett $149.46 to repair the truck damaged by a state highway asphalt distributor; and for other purposes.

HR 76-523B. By Messrs. P'arks of Lumpkin, Hardy of Hall, Boynton of Union, Sparks of Towns, Looper of Dawson, Dorsey of White, Garrison of Habersham and Fortson of Wilkes:
A resolution directing the state highway department to pay Roy Beck the sum of $12.00 for repairs to a truck damaged by a state highway asphalt distributor; and for other purposes.

HR 89-562A. By Mr. Kennimer of Harris:
A resolution to appropriate $5,000.00 to compensate Mr. and Mrs. J. W.
McDonald for permanent injuries received by their infant son when struck

TUESDAY, FEBRUARY 20, 1945

743

by a truck owned by the state highway department; and for other purposes.

SB 93. By Senator Hawes of the 30th:
A bill to be entitled an act to fix a salary for the deputy clerk of Elbert superior court; and for other purposes.

SB 158. By Senator Yawn of the 48th:
A bill to be entitled an act to direct county authorities of Dodge county
to pay J. C. Lewis, former sheriff, the sum of $1,775.80 to compensate
him for loss of turnkey fees; and for other purposes.

SB 173. By Senator Cloud of the 19th:
A bill to be entitled an act to relate to the board of county commissioners of Taliaferro county by striking sections 3 and 4 of said act and substituting in lieu thereof two new sections providing in case of vacancy on said board, remaining members shall elect; providing salary of chairman and compensation of other members; and for other purposes.

By unanimous consent the following bills of the Senate were introduced, read the first tin;te, and referred to the committees:

SB 168. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act entitled "an act to create a civil service board in Fulton county; and for other purposes, so as to provide a complete merit system for employees of Fulton county" (Ga. Laws 1943, p. 971), and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 186. By Senator Millican of the 52nd:
A bill to be entitl~d an act to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
Referred to the Committee on Municipal Government.

SB 193. By Senator Cook of the 42nd:
A bill to be entitled an act to amend an act approved August 16, 1909, (Ga. L. 1909, pp. 1366-1380) as amended; the same relating to the incorporation of the City of Summerville, defining the city limits thereon, and
a prescribing the election of officers, etc., by adding thereto new section to
be known as Section 3 (a), etc.; and for other purposes.
Referred to the Committee on Municipal Government.

744

JOURNAL OF THE HOUSE,

SB 194. By Senator Minchew of the 5th:
A bill to be entitled an act to amend the charter of the Town of Willacoochee to change the time of electing the mayor and councilmen; and for other purposes.
Referred to the Committee on Municipal Government.

SB 195. By Senator Bentley of the 25th:
A bill to be entitled an act to provide that no member of the board of commissioners of roads and revenues of Upson county shall be mayor of the City of Thomasville while serving as a member of said board; and for other purposes.
Referred to the Committee on Counties and County Matters.
The following message was received from the Senate through M~s. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit:

SB 199. By Senator Caldwell of the 37th:
A bill to be entitled an act amending an act establishing the city court of LaGrange so as to provide that the clerk of said court shall receive the same fees and costs as are paid the clerk of the superior court in Troup county; and for other purposes.

SB 205. By Senator Drinkard of the 29th:
A bill to be entitled an act amending an act providing for compensation for certain officials in Lincoln county by raising the salary of the sheriff; and for other purposes.

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 470. By Mr. Willoughby of Clinch:
A bill to be entitled an act to fix compensation for members of the board of commissioners of roads and revenues for Clinch county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill was agreed to.

TUESDAY, FEBRUARY 20, 1945

745

On the passage of the bill, the ayes were 104, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 532. By Mr. Mann of Henry: A bill to be entitled an act to amend the charter of the City of Stockbridge by extending 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 533. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of Union City by providing hours for keeping polls open; to raise the amount persons may be fined in mayor's court; to provide for ordinances regulating motor vehicles; and for other purposes. The following amendment was read and adopted:
Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton move to amend HB 533 as follows:
To amend the caption by inserting the words "and to reduce the age qualification for voting from 21 years to 18 years" following the words "to hold office therein" and immediately preceding the first semicolon in the said caption. To amend Section II of the bill by inserting the words "and the number 21 and inserting in lieu thereof the number 18" immediately following the word "male" in line two so that as amended Section 4 shall read as follows:
"Any resident of said city who shall be eighteen years of age, etc." 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 541. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to create the Brunswick port authority and provide the authority may develop, construct, equip and operate terminal facilities at 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 107, the nays 0.

746

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.

SB 174. By Senator Causey of the 46th:
A bill to be entitled an act to amend an act approved August 21, 1906 (Acts 1906, pp. 496-507), creating a new charter for the Town of Alma, now City of Alma, in the County of Bacon, so as to create a park and tree commission for the City of Alma; and for other purposes.
The report 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 180. By Senator Millican of the 52nd:
A bill to be entitled an act to create the office of deputy recorder to provide in recorder's court and to fix his 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.

Mr. Etheridge of Fulton gave notice that at the proper time he would ask the

House to reconsider its action on SB 180.



SB 184. By Senator McGinty of the 43rd:
A bill to be entitled an act to amend the charter of the City of Calhoun to authorize the levy of a tax of 1.5 per cent an real and personal property for school purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following report was received from the Committee on Rules: Mr. Speaker:
Your Committee on Rules has had under consideration HR 92 and recommends that same be adopted and that the order of business therein be established to take effect beginning immediately.
Durden of Dougherty, Chairman.
The following resolution was read and adopted:

TUESDAY, FEBRUARY 20, 1945

747

HR 92. By Mr. Durden of Dougherty: BE IT RESOVED by the House that the following order of business be established to take effect immediately and to displace all other business during the consideration of the following bills to wit:
HB 461. Local bill Bibb county.
SB 114. Local bill Hall county. BE IT FURTHER RESOLVED, that the debate on said bills be limited to ten minutes to the side and that after the conclusion of the debate the main question be ordered.
Under the special order of business established by HR 92, the following bills ot the House and Senate were taken up for consideration, read the third time and placed upon their passage:

HB 461. By Messrs. Weaver and Bloodworth of Bibb: A bill to be entitled an act to amend the charter of the City of Macon, to fix 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 118, the nays 5.
The bill having received the requisite constitutional majority was passed.
SB 114. By Senator Norton of the 33rd: A bill to be entitled an act to amend the charter of the City of Gainesville by providing for incorporation into said city the various suburbs continguous to corporate limits of said city: and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, the nays 9.
The bill having received the requisite constitutional majority was passed.-
The speaker recognized the presence in the gallery of the St. Elmo Grammar School, Columbus, Geo:rgia, along with the Mary Persons Chapter of the Future Farmers of America, Forsyth, Georgia.
The speaker presented to the House Hon. J. P" Allen, President of the Georgia
Retail Association, and head of the ]. P. Allen Company, who briefly addressed the House.

The speaker presented to the House Hon. Oliver Mixon, former member of the House from Irwin county, now of Augusta, Georgia.

748

JOURNAL OF THE HOUSE,

The speaker recognized the presence in the gallery of the Walker Park High School, Monroe, Georgia.
Under the special and continuing order of business previously fixed by the House, the following bills of the House, were taken up for consideration, read the third time and placed upon their passage:

HB 419. By Messrs. Gowen of Glynn, Bloodworth and Weaver of Bibb, and Mrs. Mankin of Fulton:

A bill to be entitled an act to repeal chapter 84-3 of Title 84 of the Code (Acts of 1941, pp. 310-312) relating to architects and rewrite said chapter beginning at section 84-301 through 84-321, to establish a state board of examination and registration of architects; and for other purposes.

Mr. Hicks of Floyd moved that HB 419 be tabled. On the motion to table Mrs. Mankin of Fulton called for the ayes and nays and call was sustained. On the motion to table HB 419 a roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Adamson Alexander of Carroll Ansley Barrett Barwick Battles Black Bloodworth of Houston Brunson Chance Cheek Crowley Culpepper DeFoor Dupree Durden Gary Gaskins Gavin Gibson Giddens Glisson Greene Griswell Hall Harden Hardy of Jackson

Harrison of Screven Hart Herndon Herrin Hogg Holbrook Holloway Hooks Jackson Jennings of Sumter Johns Kelley Kennon Kent Knabb Lancaster Lane Livingston Looper Lovett Maund Mallard Malone Manous Matthews of Peach Medders Miller Morrison

Mosley Moye of Brooks Moye of Randolph
Mullinax Oakley Oden Oliver O'Sheal Overby Parham Parks Pannell Powell Ramey Ritchie Rowland Sapp Seagler Seagraves Sears Sheffield Sills Smith of Oglethorpe Sparks Strickland of Upson Thrash Twitty

TUESDAY, FEBRUARY 20, 1945

749

Underwood Watford

Williams of Appling Williams of Jones

Witherington

Those voting in the negative were:

Alexander of Chatham Arnold of Spalding Beddingfield Bloodworth of Bibb Britton Brock Brooke Brumby Campbell Cheshire Claxton Connell Connerat Cowart Dallis Dorsey of Cobb Dorsey of White
Ennis, J. H.
Ennis, Marion Etheridge of Bqtts Etheridge of Fulton Evitt

Fortson Fowler Guerry Hardy of Hall Harrison of Jenkins Hicks Hill Hinson of Ware Holleman Hubert Hurst Kenimer Key King Lam Lewis McCracken McCurdy Mankin Mason Mitchell Nicholson

Pittit Phillips Pittman of Bartow Pittman of Tift Porter Price Rossee Shields Swint Thompson Trotter Weaver Wells of Ben Hill Wells of Lincoln Williams of Coffee Williams of Gwinnett Williams of Ware Willis Wilson Young

Those not voting were:

Almand Arnall of Coweta Baker Banks Bargeron Boynton Broome Burch Callaway Cates Chastain Crow Dykes Freeman Gammage Garrison Gilbert Gowen

Greer Guyton Hampton Hand Harrison of Wayne Hatchett Hefner Hinson of Jeff Davis Holley Hollis Jennings of Terrell Kendrick Littlejohn McNall Mann of Henry Mann of Rockdale Massey Matthews of Paulding

Moore Murphy Odom Pennington Ray Riddlespurger Roughton Smiley Smith of Bryan Smith of Emanuel Strickland of Pike Sumner Thornton Whaley Williams of Toombs Willoughby Mr. Speaker

750

JOURNAL OF THE HOUSE,

By unanimous conseint, verification of the roll call was dispensed with.
On the motion to table HB 419 the ayes were 88, the nays 64, the motion prevailed and HB 419 was tabled.

HB 231. By Messrs. McNall of Chatham and Watford of Long:
A bill to be entitled an act to require common carriers by railroad to equip their trainmen with electric hand lanterns; and for other purposes.
:Mr. MeN all of Chatham asked unanimous consent that HB 231 be withdrawn from further consideration of the House, the request was granted and HB 231 was withdrawn.

HB 250. By Messrs. MeN all, Alexander and Connerat of Chatham:
A bill to be entitled an act to provide the manner and method of handling and shipping of oysters in the shell; and for other purposes.
The report 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 183. By Messrs. Arnold and Swint of Spaulding and Holbraok of Foysyth:
A bill to be entitled an act to provide that the commissioner of agriculture may assess and collect penalties from the manufacturer of mixer feedstuffs where it is found deficient; and for other purposes,.
By unanimous consent HB 183 was tabled.

HB 298. By Messrs. Weaver and Bloodworth of Bibb and Marion Ennis of Baldwin:
A bill to be entitled an act to provide for the release or relinquishment of powers of appointment, general or special, whether exercisable by deed, will or otherwise, whether reserved by the. holder of such power are conferred upon such holder by another; and for other purposes.
The report of the committee, which was favo~able 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 recess until 2:00 o'clock and the motion prevailed.

TUESDAY, FEBRUARY 20, 1945

751

The speaker announced the House recessed until 2:00 o'clock P. M.

2:00 o'clock P. M.

The speaker called the House to order.

The following report was received and read to the House:

February 19, 1945.
Mr. Roy Harris, Speaker House of Representatives
House committee on game and fish appointed to investigate conditions in and around Savannah, beg to make the following report:
The committee left Atlanta Thursday night, arrived in Savannah Friday, morning; had breakfast in the Savannah Hotel, then visited the Atlantic Coast Line docks, Southeastern Shipyards, then to Thunderbolt and inspected some of the fish houses located there. We particularly inspected the shrimp and crab build-
ing which are operated by J. 0. Mageoni and found it to be very clean and well
kept. Afterwards, we were guests of Joe Cafiero at an oyster roast which was enjoyed by all present.
Friday, we were taken on two boats, operated by the Tidewater Commission, and were shown the various locations of oyster beds ap.d shucking house at Tybee. This shucking house is operated by a Negro, and was up to par in all respects. We particularly noted in this shucking plant all the oysters were all very large. There was one more shucking house at Tybee which we could not see into, and [ understand from Mr. Andrews that this particular house will have to make some improvements along sanitary lines. We found that a great deal of the oyster beds are in polluted areas in this section. One large location was privately owned and not operated commercially.
We are informed by the Tidewater Commissioner that there are very few State owned oyster beds along the coast.
In our opinion, the State Health Department and the Tidewater Commissioner are doing a very good job, when we take into consideration that they started from scratch just two years ago.
We recommend that the various bills introduced in the House to clear some flaws in the oyster laws be given consideration, and passed at this session. By doing so, our oyster people in the State of Georgia will be in a position to ship oysters interstate movements next season.
Respectfully yours,
SUB-COMMITTEE IN GAME AND FISH,
F. A. MeN all of Chatham, Chairman, ]. B. Glisson of Evans,

752

JOURNAL OF THE HOUSE,

A. J. Moye of Randolph,
Claud Boynton of Union,
J. L. Block of Webster,
W. H. Herrin of Echols,
J. I. Hefner of Pickens,
J. D. Mullinax of Gilmer,
W. A. Sparks of Towns,
C. F. Griswell of Gwinnett, H. 0. Overby, Jr., of Stewart, Chas. L. Hardy of Hall.

The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 35. By Messrs. Gowen of Glynn, Harris of Richmond, Connell of Lowndes, Hand of Mitchell, Ray of Warren, Smith of Emanuel, Key of Jasper, Cheshire of Colquitt, and Evitt of Catoosa:
A bill to be entitled an act to provide for the retirement of superior court judges; and for other purposes.
The following Senate amendments were read:
Senator Branch of the 47th moves to amend HB 35 ( 1) by striking from section two as amended the words and figures "12," and inserting in lieu thereof the words and figures "20," and" (2) by striking from the third line of section two the words "either (a)." and (3) by striking from section two as amended the following words and figures: "or (b) shall have attained the age of sixty-five 65) years and shall have been in continuous service as a judge of the superior court of this state for twenty (20) years," so that section two as amended shall read as follows: "Anv judge of the superior courts of the State of Georgia, who shall have attained the age of seventy (70) years and shall have been in continuous service as a judge of the superior court of this state for twenty (20) years shall be eligible for appointment to the office of judge of the superior courts, emeritus."
Senator Harrell o! the 12th moves to amend HB 35 by striking from section (3) the words, Provided, however, that any judge of the superior courts of this state who offers for re-election, and is defeated in a primary election or regular election, shall not be eligible to apply for or accept appointment as a judge of the superior courts, emeritus, etc.
Senator Turner of the 34th moves to amend section 4 by striking the figures "213" and the words "two-thirds" wherever the same appear and substitute the figures "1 /2" and the words "one-half" in lieu thereof.
Senator Freeman of the 22nd moves to amend HB 35 by adding the following sections to be appropriately numbered:
SECTION 8. Under this act there is hereby created the Superior Court Judges Retirement Fund of Georgia. The trustees of said fund shall be the Governor

TUESDAY, FEBRUARY 20, 1945

753

of Georgia, the treasurer of the State of Georgia and the attorney general of Georgia. All payments to this fund shall be made to the treasurer of said state.
SECTION 9. All judges of the superior court of this State of Georgia who qualify under this act shall be eligible to participate in said fund.
SECTION 10. All judges of the superior court shall be permitted to pay into said fund the amount of five per cent of the salaries paid to said judges by the State of Georgia and any of said judges who makes payment to this fund shall be eligibl~ to retire from office as judge emeritus at a salary of one half of the salary paid to said judge by the State of Georgia provided he mP"t~ thl' follmvin~ turn c:ondition (a) He has reached the age of seventy years and (b) he has for a continuous period of twenty years made payments to said fund at the rate herein specified. However, all judges who are over fifty years of age shall be eligible to retire at the age of seventy years at one-half the salary paid by the state to said judges, provided said judge~ shall have served twenty continuous years and shall have made payments to said fund at the rate herein specified until they reach the age of seventy years, said payments to commence from the effective date of this act.
SECTION 11. All judges of the superior court who have now passed the age of seventy years and who possessed twenty years of continuous service at the time they became seventy years of age shall be eligible to retire at their pleasure and shall be eligible to receive one-half the salary paid to them by the State of Georgia, provided that said judges make payments to said fund from the effective date of this act until they exercise their privilege of retirement.
SECTION 12. No judge shall be eligible for benefits under this act unless he shall have served twenty continuous years as a superior court judge upon reaching the age of seventy years. In computing twenty continuous years the entire year in which a judge becomes seventy years of age shall be counted as a part of said twenty years.
SECTION 13. Judges making payments to this fund shall make their payments at such time and at such regular intervals, not exceeding six months, as may be fixed by the trustees of said fund.
SECTION 14. Any judge may after thirty days written notice to the trustees of this fund withdraw his total payments, without interest, from said fund and his right to participate in the benefits under this act shall cease, unless the age of such judge be such that he could resume payments for a period of twenty continuous years.
SECTION 15. Any judge who resigns or otherwise becomes disqualified to hold said office shall be entitled to withdraw the total amount, without interest, which he has paid to said fund; or if any judge dies the total amount, without interest, paid by him to said fund shall be paid to his widow and if no widow to his personal representative. However, in the case of any judge receiving benefits from this fund at the time of his death has not received the total amount, without interest, paid by him to said fund, his widow, and if there be no widow his personal representative, shall receive from said fund the remainder of his payments to said fund.
SECTION 16. The State of Georgia shall pay to all judges who are eligible

754

JOURNAL OF THE HOUSE,

for retirement under this act the benefits herein provided without regard to the sufficiency of said fund to pay said benefits.
~ECTION 17. The trustees of this fund are authorized to make such rules and regulations not inconsistent with this act for the proper administration of this act.
SECTION 18. The trustees of this fund shall have authority to invest any of the monies received under this act in any investments which are legal investments of trust funds under the laws of the State of Georgia.
SECTION i9. The state auditor is authorized to make an annual audit of the Superior Court Judges Retirement Fund of Georgia.
By unanimous consent, the Senate amendments to HB 35 were disagreed to.

The speaker appointed on the part of the House the following members of the House as a Committee on Conference: Messrs. Hicks of Floyd, Gowen of Glynn, and Bloodworth of Bibb.

The following Senate resolution was read and adopted:

SR 29. By Senator Deal of the 49th:
A resolution commending the Governor, the commission to revise the Constitution, the Atlanta Constitution, and Atlanta Journal, for their work in revising the Constitution.
The following bill of the House was taken up for the purpose of considering a Senate substitute thereto:

HB 384. 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 adding a new paragraph dealing with revenues of the school department; and for other purposes.
The following Senate substitute to H B 384 was read: Senate substitute for HB 384:
A BILL ENTITLED
An act to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY of the State of Georgia as follows:
SECTION 1. The act approved February 28, 1874, establishing a new charter

TUESDAY, FEBRUARY 20, 1945

755

for the City of Atlanta and the several acts amendatory thereof are further amended as follows:
The charter of the City of Atlanta as set forth in the official code of the C of Atlanta of 1942 is amended by adding a new paragraph, which is to be known as paragraph "a" of section 14-108 of said code, which shall read as follows:
"14-108a. If by reason of the transfer of the public hospitals of the City of Atlanta to a Hospital Authority, there is a reduction in the amount of gross income to the city because of the lowering of the millage rate or for any other reason because of the transfer of said hospitals, the mayor and general council of Atlanta shall make up from other funds or tax sources and deliver to the board of education the amount said board of education would have received under the provisions of section 14-108 of said code, if there had not been a reduction in the millage rate or said gross income."
SECTION 2. Any and all laws or parts of laws in conflict herewith are hereby repealed.
Mr. Kendrick of Fulton moved that the House agree to the Senate substitute for HB 384.
On the motion to agree to the Senate substitute, the ayes were 107, the nays 0.
The motion prevailed and the Senate substitute to HB 384 was agreed to.

The following bill of the House was taken up for the purpose of considering a Conference Committee report thereto:

HB 39. By Messrs. Price of Clarke, Harris of Richmond, Moye of Randolph, Hardy of Hall, Connell of Lowndes, Hand of Mitchell, Durden of Dougherty, and Ray of Warren:
A bill to be entitled an act to provide a fund to assist in the education of orphans of members of the armed forces killed in action in World War II; and for other purposes.

The following Conference Committee report to HB 39 was read:

Mr. Speaker:

Your Committee on Conference appointed with a like committee of the Senate to consider HB 39 makes the following recommendation:
That the House recede from its position in refusing to accept the Senate substitute to HB 39 and that the House do accept the Senate substitute.

Respectfully submitted,

Price of Clarke. Connell of Lowndes. Cheshire of Colquitt.

756

JOURNAL OF THE HOUSE,

The following Senate substitute to HB 39 was read: Substitute to HB 39 by Senator Stone of the 15th:
A BILL
To be entitled
An act to amend an act approved August 7, 1931, amending an act approved April 10, 1926, which provided for the expenditure of certain sums to assist in the education of children of soldiers, sailors and marines killed in action in World War I, by providing identical aid to children of members of the armed forces of the United States killed in World War II, or who have died subsequent to discharge from disabilities suffered as a result of service; 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. This act shall be cited: "The Major General Peter C. Harris Act," to recognize the magnanimity of the great Georgian and war-time Adjutant General of the army (1917-1918) who devoted his well-earned leisure in retirement to the orphans of men who fell in the battles of their country.
Section 2. Said amendatory act is amended by striking section 2 in its entirety and adding in lieu thereof a new section, to be designated section 2, and to read as follows:
"Section 2. From and after the passage of this act the State Department of Veterans Service is hereby authorized to expend from any funds which may hereafter be appropriated, or donated such sums as might, in its discretion, be necessary to pay matriculation fees, tuition, subsistence, books, supplies for the use and benefit of children not under sixteen nor over twenty-one years of age, and who have, for a period of time not l!!ss than twelve months in duration immediately preceding the application for benefits hereunder, had their domicile in the State of Georgia, of members of the armed forces of the United States of America who were killed in action or died from other causes during a war period as defined in Public Law No. 2, 73rd Congress, and by Public Law No. 246, 78th Congress, or who died as a result of such service, which child or children are attending, or may attend any educational or training institution of a secondary or college grade located in this state. Such child or children shall be admitted to state institutions of secondary or college grade free of tuition."
Section 3. Section 3 of said amendatory act is amended by striking therefrom the words "Director of the Veterans Service Office" and the words "Director" wherever the same occur and inserting in lieu thereof the words "State Department of Veterans Service," so that said section, when amended, will read as follows:
"Section 3. Such amounts as might become due to any educational or trammg institution under this authority shall be payable to such institution from funds
~ferred to in section 2 of this act on vouchers approved by the State Department of

TUESDAY, FEBRUARY 20, 1945

757

Veterans Service. Said department shall determine the eligibility of applicants for benefits under this act, and shall satisfy itself of the attendance, good record and deportment of selectees, and of the accuracy of any representation against such made by the authorities of any such institution."
Section 4. Section 4 of said amendatory act is amended by striking the character and figures, to wit: "$150.00" appearing in the first line of said section and inserting in lieu thereof the character and figures "$300.00," so that, when amended, said section will read as follows:
"Section 4. It is provided that not more than $300.00 shall be paid under this law for any one child for any one year."
Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be, and the same are hereby repealed.
Mr. Price of Clarke moved that the House adopt the report of the Committee of Conference on HB 39.
On the motion to adopt the Conference Committee report on HB 39, the ayes were 111, the nays 0.
The motion prevailed and the Conference Committee report on HB 39 was adopted.
Under the special and continuing order of business, the following bills of the House were taken up for consideration, read the third ti~~~;e and placed upon their passage:

HB 191. By Messrs. Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to amend code section 56-104 so as to repeal the proviso exempting farmers assessment cooperative fire insurance companies in not more than four counties from examination; and for other purposes.
The report 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 163. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia, and McCracken of Jefferson:
A bill to be entitled an act to provide for the filing of tax returns from January 1st to April 1st instead of February 1st to May 1st; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

758

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 113, the nays 1. The bill having received the requisite constitutional majority was passed.

HB 170. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia, and McCracken of Jefferson:
A bill to be entitled an act to provide that tax receivers shall present tax returns to county boards of tax assessors by April lOth 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 115, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 207. By Messrs. Harris of Richmond, Durden and Sapp of Dougherty, Hand of Mitchell, and Gowen of Glynn:

A bill to be entitled an act to provide for the marking of graves of soldiers of the Confederacy buried in Georgia; and for other purposes.

This bill involving an appropriation, the House was resolved into the Committee of the Whole House for the consideration of HB 207, with instructions not to read the bill in its entirety and the speaker designated Mr. Ray of Warren as chairman thereof.

The Committee of the Whole House arose and through its chairman reported HB 207 back to the House with the recommendation that the same do pass.

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

On the passage of the bill, which involved an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adamson

Bloodworth of Bibb

Alexander of Carroll

Britton

Alexander of Chatham

Brooke

Ansley Arnall of Coweta

Broome Brumby

Arnold of Spalding

Brunson

Bargeron

Campbell

Barrett

Cates

Barwick Battles

Chance Chastain

Beddingfield Black

Cheek Cheshire

Claxton Connerat Cowart Culpepper Dallis DeFoor Dorsey of Cobb Dupree Durden Dykes Ennis, Marion Etheridge of Butts

TUESDAY, FEBRUARY 20, 1945

759

Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Gaskins Gavin Gibson Giddens Glisson Gowen Greene Griswell Guerry Guyton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Hart Hatchett Hefner Herndon Hicks Hill Hinson of Ware Holbrook Holleman Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Johns Kelley

Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Lewis Littlejohn Livingston Maund McCracken McNall Mallard Mankin Manous Massey Medders Mitchell Moore Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Oliver O'Shea! Overby Parham Parks Pannell Pennington Pettit

Those not voting were:

Adams Almand Baker Banks Bloodworth of Houston Boynton

Brock Burch Callaway Connell Crow Crowley

Phillips Pittman of Tift Porter Powell Price Ramey Ray Ritchie Rossee Rowland Sapp Seagraves Sears Sheffield Shields Sills Smiley Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Upson Swint Thompson Thornton Thrash Trotter Twitty Underwood Watford Wells of Ben Hill Wells of Lincoln Whaley Williams of Jones Williams of Ware Willoughby Wilson Witherington Young
Dorsey of White Ennis, J. H. Garrison Gary Gilbert Greer

760

JOURNAL OF THE HOUSE,

Hall Hampton Harrison of Wayne Herrin Hinson of Jeff Davis Hogg Holley Hollis Jennings of Terrell Looper Lovett McCurdy

Malone Mann of Henry Mann of Rockdale Mason Matthews of Paulding Matthews of Peach Miller Morrison Odom Pittman of Bartow Riddlespurger Roughton

Seagler Smith of Bryan Strickland of Pike Sumner Weaver Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Toombs Willis 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 0.

The bill having received the requisite constitutional majority was passed.

HB 224. By Messrs. Rossee of Putnam, Hubert, McCurdy and Broome of DeKalb, Harrison of Jenkins, Arnall of Coweta, Phillips of Columbia, and Gowen of Glynn:
A bill to be entitled an act to amend the act creating the Milk Control Board and to extend the life of the board to January 1, 1951 ; and for other purposes.
The following amendments were read and adopted to HB 224:
Mr. Harrison of Jenkins moves to amend section 1 of HB 224 by striking the words and figures "Ten ($10.00) Dollars" and inserting in lieu thereof the words and figures "Six ($6.00) Dollars."
Mr. Harrison of Jenkins moves to amend section 2 of HB 224 by striking the words and figures "Five Thousand ($5,000.00) Dollars" and inserting in lieu thereof the words and figures "Four Thousand ($4,000.00) Dollars."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, as amended, the ayes were 119, the nays 1.
The bill having received the requisite constitutional majority was passed as amended.
Mr. DeFoor of Mcintosh requested that he he recorded as voting against H B 224 as amended.

HB 175. By Messrs. Rossee of Putnam, Oden of Pierce, and Moye of Brooks: A bill to be entitled an act to amend the Uniform Narcotic Drug Act by

TUESDAY, FEBRUARY 20, 1945

761

including insonipecaine and giving a definition 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 116, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 171. By Mr. Arnold of Spalding:
A bill to be entitled an act to amend the banking laws to provide .that no bank shall lend more than thirty per cent of its capital and unimpaired surplus on the stock of any corporation; and for other purposes.
The following amendment was read and adopted:
The Committee on Banks and Banking moves to amend HB 171 relating to loans by banks on collateral by adding to code section 13-2017 as it appears in section 1 of said House Bill the following sentence:
No bank shall make a loan secured by the stock of any other bank if by the making of such loan the total amount of such bank stock held by it as collateral will exceed in the aggregate thirty-five (35) per cent of the capital stock of such bank, whose stock is so held as collateral.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, as amended, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

HB 164. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey ot Cobb, and McCracken of Jefferson:

A bill to be entitled an act to provide that county boards of tax assessors

shall complete their revision of returns of taxpayers by June 1st instead ot

July 1st and file a copy with the state revenue commissioner instead of the

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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adamson Alexander of Carroll

Alexander of Chatham Almand

Ansley Arnall of Coweta

762

JOURNAL OF THE HOUSE,

Arnold of Spalding Banks Bargeron Barrett Barwick Battles Beddingfield
Black Bloodworth of Bibb Bloodworth of Houston Britton Brooke Broome Brumby Brunson Campbell Cates Chance Cheek Cheshire Conner at Cowart Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dupree Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Gaskins Gavin Gibson Giddens Glisson Gowen Greene

Griswell Guerry Guyton Hand Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Hart Hatchett Herndon Hill Hinson of J ~ff Davis Holbrook Holleman Hooks Hubert Hurst Jackson Jennings of Sumter Johns Kelley Kendrick Kenimer Kennon Key Lam Lancaster Lane Lewis Livingston Maund McCracken McCurdy McNall Mallard Mankin Manous Massey Mitchell Moore Mosley Moye of Brooks

Those not voting were:

Adams Baker

Boynton Brock

Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Oliver O'Shea! Overby Parham Pannell Pennington Pettit Phillips Pittman of Tift Porter Powell Ramey Ray Ritchie Rossee Rowland Sapp Seagraves Sears Smiley Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Upson Swint Thrash Trotter Twitty Underwood Watford Wells of Lincoln Williams of Appling Williams of Ware Willoughby Wilson Witherington
Burch Callaway

TUESDAY, FEBRUARY 20, 1945

763

Chastain Claxton Connell Crow Dorsey of White Durden Dykes
Ennis, J. H.
Garrison Gary Gilbert Greer Hall Hampton Hardy of Jackson Harrison of Wayne Hefner Herrin Hicks Hinson of Ware Hogg Holley

Hollis Holloway Jennings of Terrell Kent King Knabb Littlejohn Looper Lovett Malone Mann of Henry Mann of Rockdale Mason Matthews of Paulding Matthews of Feach Medders Miller Morrison Odom Parks Pittman of Bartow Price

Riddlespurger Roughton Seagler Sheffield Shields Sills Smith of Bryan Strickland of Pike Sumner Thompson Thornton Weaver Wells of Ben Hill Whaley Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Willis Young Mr. Speaker

By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 135, the nays 0. The bill having received the requisite constitutional majority was passed.

The speaker presented to the House Representative Alpach, member of the House of Representatives of Pennsylvania since 1939.

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

HB 212. By Mr. 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 restrict such severi year limitation to instruments covering personal property only; and for other purposes.
The report 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.

764

JOURNAL OF THE HOUSE,

HB 319. By Mr. Gowen of Glynn:
A bill to be entitled an act to create a petroleum oil and gas commission; to authorize the commission to deal with state lands; and for other purposes.
The following amendment was read and adopted to HB 319:
Messrs. Gowen of Glynn and Williams and Hinson of Ware move to amend HB 319 by striking the words "Petroleum, Oil and Gas Commission" wherever the same appears in said bill and substituting in lieu thereof the words "Mineral Leasing Commission."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, as amended, the ayes were Ill, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

HB 460. By Messrs. Gowen and Gilbert of Glynn, Durden of Dougherty, McNall, Alexander and Connerat of Chatham, Hand of Mitchell, Smith of Emanuel, Holleman of Muscogee, Ray of Warren, Evitt of Catoosa, Cheshire of Colquitt, Harrison of Jenkins, and Dykes of Bleckley:
A bill to be entitled an act creating the State Ports Authority to promote, develop, construct, equip, maintain and operate state docks and terminal facilities; and for other purposes.
The report 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 365. By Messrs. McNall, Alexander and Connerat of Chatham:
A bill to be entitled an act to authorize the governing authority of the several counties to conserve the ground water of the state by limiting the number and size of wells ; and for other purposes.
Mr. Durden of Dougherty moved that the House adjourn until tomorrow morning at 9:00 o'clock and the motion prevailed.
HB 365 went over as unfinished business of the day.
Leave of absence was granted to Mr. Trotter of Troup from February 22 until March 2.
The speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

WEDNESDAY, FEBRUARY 21, 1945

76.5

Representative Hall, Atlanta, Georgia. Wednesday, February 21, 1945.

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 scripture reading and prayer by the chaplain.

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

Mr. Evitt of Catoosa, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
1. Introduction of bills and resolutions. 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. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills.

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

HR 97. By Mr. Durden of Dougherty:
A resolution fixing a special and continuing order of business for February 21, 1945.

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

HB 575. By Messrs. Harris of Richmond and Durden of Dougherty:
A bill to be entitled an act to create a merit system to regulate employment in the classified service of the State of Georgia; to create a state personal department and establish a state personal board; and for other purposes.
Referred to the Committee on State of Republic.

HB 576. By Mr. Bloodworth of Bibb:

766

JOURNAL OF THE HOUSE,

A bill to be entitled an act to create a "Redevelopment Companies Law"; to provide for redevelopment companies in any municipality to plan, clear, construct, reconstruct housing projects and buildings; to provide for issuance of stocks, bonds, debentures and notes; to provide for condemnation and for tax adjustments; and for other purposes.
Referred to the Committee on Municipal Government.

HB 577. By Messrs. Price of Clarke and Hicks of Floyd: A bill to be entitled an act to provide for business license to veterans with 10% or more disability shall be free; and for other purposes.
Referred to the Committee on Ways and Means.
HB 578. By Mr. Young of Muscogee:
A bill to be entitled an act to amend an act approved March 19, 1943 .(Georgia Laws 1943, pp. 640-670), by providing those serving in the armed forces shall continue to be eligible for retirement without contributing; and for other purposes.
Referred to the Committee on Education No. 1.
HB 579. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an act to provide for a stenographer to be present and report proceedings before the grand jury in Fulton county; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 580. By Messrs. Hatchett and Thompson of Meriwether, Mrs. Guerry of Macon, Lam of Troup, and Kenimer of Harris:
A bill to be entitled an act to repeal code section 32-1006 and substitute a new section to provide county superintendents of schools shall be classified and certified under the provision of an act of 1937, pp. 882-885; to provide the state board of education shall fix their salaries; and for other purposes.
Referred to the Committee on Education No. 2.

HB 581. By Messrs. Gammage and Jennings of Sumter:
A bill to be entitled an act to extend the corporate limits of the City of Americus; and for other purposes.
Referred to the Committee on Municipal Government.

HB 582. By Mr. Baker of Floyd:

WEDNESDAY, FEBRUARY 21, 1945

767

A bill to be entitled an act to provide for wardens recommendations on parole; to provide for construction of an incorrigible prison; to provide for service of the minimum sentence; and for other purposes.
Referred to the Committee on Penitentiary.

HB 583. By Mr. Bloodworth of Bibb:
A bill to be entitled an act to provide that any municipality, municipalities, county, counties, or combination of them may adopt a plan for development of any area; to provide for development boards; to provide for zoning regulations; and for other purposes.
Referred to the Committee on Municipal Government.

HB 584. By Messrs. Holbrook of' Forsyth, Harrison of Habersham, Dorsey of White, and Manous of Cherokee:
A bill to be entitled an act to require all hatcheries, persons, firms or corporations shipping baby chicks to have same tested for pullorum; to require foreign corporations or firms shipping baby chicks to register with the commissioner of agriculture and file a certificate showing their chicks are tested for pullorum; and for other purposes.
Referred to the Committee on General Agriculture No. 2.

HB 585. By Messrs. Alexander and Brock of Carroll:
A bill to be entitled an act to amend the teacher retirement act to provide a person 60 years of age and having taught 35 years and retired prior to the time the act became effective shall be deemed a member of the retirement system; and for other purposes.
Referred to the Committee on Pensions.

HB 586. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide that Atlanta and Decatur, Fulton and DeKalb counties may build, lease or acquire joint ownership in frade and vocational schools to be located within or without the limits of such municipalities; and for other purposes.
Referred to the Committee on Municipal Government.

HB 587. By Messrs. Smith and Hooks of Emanuel, McCracken of Jefferson, and Sills of Candler:
A bill to be entitled an act to provide a salary for the court reporter of the Middle Judicial Circuit in lieu of other compensation; and for other purposes.

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JOURNAL OF THE HOUSE,

Referred to the Committee on Special Judiciary.

HR 98-584A. By Messrs. McCurdy of DeKalb and Durden of Dougherty:
A resolution to authorize the Governor to appoint a commission to study retirement and pension fund systems in other states and accumulate statistics and actuarial data and report its recommendations to the next General Assembly; and for other purposes.
Referred to the Committee on Pensions.

HB 588. By Messrs. Brumby of Cobb and Fowler of Douglas:
A bill to be entitled an act to provide that teachers in the University System of Georgia that receive retirement allowance through the regents of the university shall not be disqualified from being members of the retirement system provided by the act approved March 19, 1943, known as "The Teachers Retirement System; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 589. By Messrs. Gowen of Glynn and Phillips of Columbia:
A bill to be entitled an act to repeal code sections 24-4301, 24-4302 and 24-4303 relating to shorthand writers in the supreme court and substituting a new section 24-4301 relating to law assistants, their duties, and salaries; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 590. By Messrs. Gowen of Glynn and Phillips of Columbia:
A bill to be entitled an act to repeal code section 24-3508 relating to shorthand writers in the court of appeals and to provide a new section 24-3508 relating to law assistants, their duties and salaries; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 591. By Mr. Price of Clarke:
A bill to be entitled an act to provide for the appointment by the ordinary of a conservator, under certain circumstances, for property of persons serving with the armed forces who are listed as missing or prisoners of war where no power of attorney was executed; and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 592. By Messrs. McCurdy, Hubert and Broome of DeKalb, Etheridge, Kendrick and Mrs. Mankin of Fulton, and Mann of Rockdale:

WEDNESDAY, FEBRUARY 21, 1945

769

A bill to be entitled an act to create the Stone Mountain Confederate Memorial Authority; to authorize the authority to construct and operate self liquidating projects by carving a memorial on Stone Mountain and operate parts, recreational grounds, pleasure, housing, amusement and other projects, authorized the issuance of revenue bonds; providing for condemnation; and for other purposes.
. Referred to the Committee on State of Republic.

HB 593. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend the laws creating the office of tax commissioner for Monroe county so as to fix a salary for the tax commissioner; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 594. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick to authorize the commission to close portions of Cleborn street, Bartow street, Johnson street, Gordon street, Lee street, and Stonewall street lying in what is known as the "Mitchell and Jones Tract"; to provide the city may convey to Hercules P'owder Company certain property in exchange with the company for other lands; and for other purposes.
Referred to the Committee on Municipal Government.

HB 595. By Mr. Dorsey of Cobb:
A bill to be entitled an act to exempt manufacturers using wine in manufacturing beverages, medicines, flavoring extracts or confections from payment of the tax imposed on wine where they pay occupation or license taxes; and for other purposes.
Referred to the Committee on State of Republic.

Mr. Price of Clarke county, Chairman of the Committee on Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Veterans 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 491. Do Not Pass. Respectfully submitted, Price of Clarke, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Bloodworth of Bibb 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 564. Do Pass.
Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Oden of Pierce County, Chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker:
Your Committee on Pensions have had under consideration the following biU 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,
Oden of Pierce,

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 back to the House with the following recommendaions:
SB 98. Do Pass.
HB 481. Do Not Pass.
Respectfully submitted, McCracken of J e:fferson, Chairman.

Mr. Lewis of Hancock County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. Speaker:

WEDNESDAY, FEBRUARY 21, 1945

771

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 565. Do Pass. HB 356. Do Pass. HB 320. Do Pass. HB 427. Do Not Pass. SB 107. Do Pass. SB 69. Do Pass.
Respectfully submitted, Lewis of Hancock, Chairman.

Mr. Fowler of Douglas County, Chairman of the Committee on Aviation, submitted the following report:
Mr. Speaker:
Your Committee on Aviation have had under consideration the following bill of the House and have instructed me as Charman to report the same back to the House with the following recommendations:
HB 359. Do Pass.
Respectfully submitted,
Fowler of Douglas, Chairman.

Mr. Bloodworth of Bibb County, Chairman of the Committee on Municipal Government submitted the following report:
Mr. Speaker: Your Committee on Municipal Government have had under consideration
the following bills and resolutions of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:
HB 571. Do P'ass. HB 572. Do Pass.
HB 573. Do Pass. HB 574. Do Pass.

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JOURNAL OF THE HOUSE,

HR 93-568A. Do Pass. Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Pittman of Bartow 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 bills of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:

HB 553. Do Pass.

Respectfully submitted,
Pittman of Bartow, Chairman.

Mr. Fortson of Wilkes County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation have 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 516. Do Not Pass.
Respectfully submitted,
Fortson of Wilkes, 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 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 by substitute.
HB 495. Do Not P'ass.

WEDNESDAY, FEBRUARY 21, 1945

773

HB 418. Do Not Pass. HB 477. Do Not Pass.
Respectfully submitted, Adams of Wheeler, 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 have instructed me as Chairman to report the same back to the House with the following recommendations:
HB 563. Do Pass. HB 569. Do Pass. HB 570. Do Pass.
Respectfully submitted, F. H. Sills of Candler, Chairman.

Mr. Wells of Ben Hill 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 35. HB 39. HB 293. HB 187. HB 269. HB 271. HB 276. HB 286. HB 305.

774
HB 339. HB 341. HB 342. HB 351. HB 383. HB 397. HB 408. HB 431. HB 438. HB 442. HB 443. HB 509. HB 313. HR 30. HR 58. HR 59. HB 18. HB 234. HB 252. HB 288. HB 312. HB 314. HB 316. HB 343~ HB 353. HB 360. HB 366. HB 407. HB 409 HB410

JOURNAL OF THE HOUSE,

WEDNESDAY, FEBRUARY 21, 1945

775

HB 494. HB 498. HB 499. HB 510. HB 511.

Respectfully submitted, Wells of Ben Hill, Chairman.

Mr. Wells of Ben Hill 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 512. HB 526.

HB 532.
HR 29. HR 46.

Respectfully submitted, Wells of Ben Hill, Chairman.

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

HB 320. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide for the appointment of a substitute for an executor, trustee or guardian named in a will who is unable to qualify because of war service; and for other purposes.

HB 356. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell and Phillips of Columbia:
A bill to be entitled an act to describe, define and officially adopt a system of coordinates for designating and stating the positions of points on the earth's surface in this State; and for other purposes.

776

JOURNAL OF THE HOUSE,

HB 359. By Messrs. Hand and Twitty of Mitchell and Hart of Thomas:
A bill to be entitled an act to empoyer and direct municipalities and other political subdivisions, to promulgate, administer, and enforce airport zoning regulations, and to provide for the aquisition of airports; and for other purposes.

HB 455. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend code section 295-303 by providing coroners shall receive a fee of $10.00 for investigating and reporting each death cause by motor vehicles; and for other purposes.

HB 553. By Messrs. Wilson, Weaver and Bloodworth of Bibb:
A bill to be entitled an act to propose an amendment to Article 7, Section 6, Paragraph 2 of the Constitution to provide Bibb county may levy a tax to create a retirement fund for county employees; and for other purposes.

HB 563. By Dr. Witherington of Wilcox:
A bill to be entitled an act to require a deposit of $10.00 as costs in all divorce petitions filed in Wilcox county; and for other purposes.

HB 564. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to raise the limit of tax in Waycross for school purposes from 10 to 15 mills; and for other purposes.

HB 565. By Messrs. Weaver and Bloodworth of Bibb and Gilbert of Glynn:
A bill to be entitled an act to provide for the construction of the place of execution of a registrable instrument shall be construed to have been attested by the officer in the city, county, state or country in which he has had authority to act; and for other purposes.

HB 566. By Messrs. Hill and Price of Clarke, Kendrick of Fulton and Hicks of Floyd:
A bill to be entitled an act to amend an act approved March 19, 1943 (Ga. Laws 1943, pp. 640-670) establishing a retirement system for teachers by repealing sub-section 6 of section 4 and substituting a new sub-section 6; to provide for contributions during period beneficiary is not a member; and for other purposes.

HB 569. By Mr. Harrison of Jenkins:
A bill to be entitled an act to fix the salary of the tax commissioner of Jenkins county; and for other purposes.

WEDNESDAY, FEBRUARY 21, 1945

777

HB 570. By Mr. Rossee of Putnam:
A bill to be entitled an act to fix the salary of the deputy clerk of the county court to be paid by the county; and for other purposes.

HB 571. By Messrs. Chastain and Hart of Thomas:
A bill to be entitled an act to authorize the City of Thomasville to open or close streets or alley ways, or parts thereof; and for other purposes.

HB 572. By Messrs. Chastain and Hart of Thomas:
A bill to be entitled an act to amend the charter of the City of Thomasville to raise the amount of tax for school purposes from seven-tenths of one per cent to one per cent; and for other purposes.

HB 573. By Messrs. Chastain and Hart of Thomas:
A bill to be entitled an act to amend the charter of the City of Thomasville to provide for zoning and planning ordinances ; and for other purposes.

HB 574. By Messrs. Chastain and Hart of Thomas:
A bill to be entitled an act to amend the charter of the City of Thomasville to clarify the terms of office of the board of education and provide for the election of their successors; and for other purposes.

HR 93-568A. By Messrs. Durden and Sapp of Dougherty:
A resolution to authorize the Governor to deed back to the City of Albany certain property deeded to the State by the city; and for other purposes.

SB 69. By Senator Freeman of the 22nd:
A bill to provide for the deposit of $10.00 m all divorce cases instituted in this state; and for other purposes.

SB 98. By Senator Causey of the 46th:
A bill to be entitled an act to authorize the operation of moving pictures within certain hours on the Sabbath day; to provide elections upon petition of ten per cent of the registered voters objecting to the showing of moving pictures on the Sabbath day; and for other purposes.

SB 107. By Senator Wellborn of the 40th:
A bill to be entitled an act to provide a method of showing a person has been restored to sanity after being committeed to the state hospital of the insane; and for other purposes.

778

JOURNAL OF THE HOUSE,

The following messages were received from the Senate through Mrs. 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 11. By Messrs. Harris of Richmond, Durden of Dougherty and others:
A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes.

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

HB 459. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus by extending the city limits ; and for other purposes.

The Senate insists on its position to the following bill of the House, to wit:

HB 35. By Messrs. Harris of Richmond, Gowen of Glynn; and others:
A bill to be entith;d an act providing for the creation of the office of judge of the superior courts, emeritus; and for other purposes.
The president has appointed on the part of the Senate as a conference committee the following members:
Senators Freeman of the 22nd; Harrell of the 7th; Grayson of the lst.
Mr. Speaker: The Senate has passed by the requisite constitutional majortiy the following
bills of the House, to wit:
HB 130. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend an act to provide a salary for the sheriff of Telfair county in addition to fees; and for other purposes.
HB 135. By Messrs. Dorsey and Brumby of Cobb: A bill to be entitled an act requiring the tax rece1ver of Cobb county to

WEDNESDAY, FEBRUARY 21, 1945

779

list tax payers in alphabetical order regardless of Militia districts; and for other purposes.

HB 165. By Mr. Oakley of Barrow:
A hill to he entitled an act entitled "an act to provide for holding four .:erms a year of the superior court of Barrow county; providing the time for holding the same and when and how grand juries shall he required to attend said court; and for other purposes.

HB 217. By Mr. Bloodworth of Houston:
A hill to he entitled an act to amend an act providing for two regular terms each year of superior court of Houston county, changing the terms from the first and second Mondays in April and December to the first and second Mondays in April and October; and for other purposes.

HB 223. By Mr. Ray of Warren:
A hill to he entitled an act amending an act creating the Toombs circuit and changing the term in Warren county from the first Mondays in April, July, October and January to the first Mondays in April, July, October and the third Monday in January; and for other purposes.

By unanimous consent the following hills of the Senate were introduced, read the first time, and referred to the committees:

SB 199. By Senator Caldwell of the 37th:
A hill to he entitled an act to regulate fees of ex-officio clerk of city court of LaGrange, Georgia, Troup county; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 205. By Senator Drinkard of the 29th:
A hill to he entitled an act to amend an act entitled an act. to provide for the compensation of the ordinary, sheriff and clerk of the superior court of Lincoln county, approved August 24, 1881 (Ga. L. 1880-81, p. 527) by changing the salary of the sheriff from $100.00 per annum to $700.00 per annum; and for other purposes.
Referred to the Committee on Special Judiciary.

The following report was received from the Committee on Rules: Mr. Speaker:
Your Committee on Rules has had under consideration HR 97, and recom-

780

JOURNAL OF THE HOUSE,

mends that the same be adopted and that the order of business set forth therein be established beginning at the conclusion of the present calendar.
By Durden of Dougherty, Vice-Chairman.

The following resolution was read and adopted:

HR 97. By Mr. Durden of Dougherty:

A RESOLUTION Be it resolved by the House that the following bills and resolutions be set as a special and continuing order of business beginning immediately after the conclusion of the present established calendar of business, to wit:
SB 73. Fertilizer inspectors. HB 140. Banking bill. HB 232. Cost in divorce cases. HB 233. Insurance. HR 33-238A. Presbyterian church, Milledgeville. HB 242. Wives' private property. HR 35-242A. Vivian L. Stanley. HB 249. Fishing bill. HB 279. Powers of attorney. HB 280. Commissioned officers ex-officio N. P. HB 281. Proving of wills. HB 289. Public works reserve fund. HB 290. Fisheries compact. HB 297. Insurance companies. HB 225. Examining witnesses. . HB 321. Joint bank accounts. HB 350. Board of education. HB 357. Computing income tax. HR 53-382A. Sale of contraband articles. HB 371. Income taxes.

WEDNESDAY, FEBRUARY 21, 1945

781

HB 394. Suspending drivers' licenses. HB 385. Forrestry department.
HB 386.. Forrestry 'department.
HB 387. Forrestry department. HB 420. Georgia Citizens Council. HB 426. Department of corrections. HB 430. Stock gaps. HB 434. Building and loan associations. HR 68-458D. Camp Stewart. HB 453. Homestead exemption. HB 444. Appropriation F. S. Bass. HB 83. Insurance bill. HB 94. Vital statistics. HB 95. Procedure public service commission. HB 151. Insurance directors. HB 174. Drug inspector. HB 181. Proration of taxes. HB 192. Bonded live stock weigher. HB 228. Retirement system for welfare, health and labor departments. HB 450. Small loan companies.

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 534. By Mr. Murphy of Haralson: A bill to be entitled an act to fix the salary and expenses of the commissioner of roads and revenues 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

782

JOURNAL OF THE HOUSE,

HB 540. By Mr. Moye of Brooks:
A bill to be entitled an act to provide that Brooks county shall pay $100.00 per month to any peace officer who is permanently disabled in line of duty; and for other purposes.
The report 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 542. By Messrs. Smith and Hooks of Emanuel.
A bill to be entitled an act to fix the salary of the tax commtsswner of Emanuel county at $4,500.00 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 106, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 543. By Messrs. Smith and Hooks of Emanuel:
A bill to be entitled an act to fix a new schedule of fees for clerk and sheriff of the city court of Swainsboro; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 545. By Mr. Evitt of Catoosa:
A bill to be entitled an act to amend the charter of the City of Ringgold by extending the city limits; by exempting farm lands within city limits and all livestock and domestic animals from taxation; and for other purposes.
The following amendment was read and adopted to HB 545:
Mr. Evitt of Catoosa, moves to amend HB 545 by adding a new section to be numbered appropriately and to read as follows:
"Section 1. The mayor and council of the Town of Ringgold shall cause to be published as of March 1st of each year a full and complete statement showing the revenues of the town in detail and a like statement of all expenditures. Such statement shall be a full and complete audit of the fiscal affairs of the town for the

WEDNESDAY, FEBRUARY 21, 1945

783

twelve months preceding," and that the caption of said bill be amended accordingly.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

HB 546. By Mr. McCracken of Jefferson: A bill to be entitled an act to extend the city limits of the Town of Wadley; and for other purposes.
The report 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 548. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
il. bill to be entitled an act to amend the charter of the City of College Park by extending 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 110, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 550. By Messrs. Holley, Harris and King of Richmond:
A bill to be entitled an act to provide that the sheriff and clerk of the municipal court of Augusta shall be appointed by the judge of the court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, wa!f 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 554. By Messrs. Wilson, Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to provide all elections for city officials shall be held from 7 a. m. to 7 p. m., on election day; and for other purposes.

784

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 112, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 556. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to empower Muscogee county to construct, and extend public sewers and charge rates and fees for the maintenance 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 113, .the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 558. By Mr. Guyton of Effingham:
A bill to be entitled an act to increase the salary of the judge of the city court of Springfield and provide for a referendum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 560. By Mr. Mann of Rockdale:
A bill to be entitled an act to provide for two advisors to the county commissioner of Rockdale county from districts other than the district of the commission; to provide for competitive bids on the purchase of supplies and materials in excess of $1,000.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were' 115, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 557. By Mr. Barwick of Gady:
A bill to be entitled an act to provide for the payment from county funds for the official bond of the sheriff of Grady county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 21, 1945

785

On the passage of the bill, the ayes were 116, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 562. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to provide a pension fund for employees of Muscogee county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 0. The bill having received the requisite constitutional majority was passed.

SB 93. By Senator Hawes of the 30th:
A bill to be entitled an act to fix the salary for the deputy clerk of Elbert 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 118, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 158. By Senator Yawn of the 48th:
A bill to be entitled an act to direct county authorities of Dodge county to
pay J. E. Lewis, former sheriff, the sum of $1,775.80 to compensate him for
loss of turn key 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 119, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 173. By Senator Cloud of the 19th:
A bill to be entitled an act to relate to the board of county commissioners of Taliaferro county by striking sections 3 and 4 of said act and substituting in lieu thereof two new sections providing in case of vacancy on said board, remaining members shall elect; providing salary of chairman and compensation of other members; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

786

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 120, the nays 0. The bill having received the requisite constitutional majority was passed.

The following report was received from the Committee on Penitentiary and ordered filed:
Mr. President and Mr. Speaker:
Your Committee of the Senate and of the House on Penitentiary have made jointly an investigation of the conditions of the State Prison and the State Farm at Reidsville, and have instructed us as chairmen to report back to the Senate and House our findings and recommendations as follows:
The Committee met in joint session at the State Prison in Tattnall county on the 15th and 16th days of February, 1945 and made a thorough and painstaking investigation with reference to present conditions and progress made since the creation of the present department of penal corrections.
On arriving at the prison your Committee was impressed with the general atmosphere around the place. It was immediately apparent that considerable improvement had been in sanitary conditions in both the men's and women's divisions of the prisob and that the inmates were practically all engaged in some worthwhile task around the institution, which was to us quite a reverse of conditions previopsly observed by us when we had found such great numbers of prisoners wandering around the prison in idleness. It was definitely apparent that most of the inmates had developed a spirit of cooperativeness and contentment. The conditions with reference to sanitation and cleanliness were so completely changed as to dispel all evidence of prison odors. In fact, the conditions we found were such that we could readily see that it had not been done for the purpose of our visit.
In the men's prison, particularly, we found an up-to-date system of records with reference to general activities around the prison, from which we could readily determine where each prisoner was during each given day, what task he performed, the number of the detail, and the guard under whom he worked, together with the number of prisoners in each detail. We also found that an accurate system of check on all prisoners during all hours of the day and night had been introduced under the new directorship which will enable the officer in charge to determine instantly from which cell block a prisoner was missing or attempted to escape. This system greatly reduces the possibility of breaks in the prison, in our opinion.
Security measures and devices adopted around the prison were found to be greatly improved. A modern heavy-duty wire fence approximately 15 feet high and at a distance of approximately 25 feet from the prison buildings had been erected, together with 3 modern guard towers in addition to those already there had been built at a safe distance from the main fence and prison buildings. A system of new and modern locks had been installed throughout the prison. Iron doors with safety locks had been placed on the doors of each of the elevators of the prison, making it impossible for anyone to enter an elevator until someone from the other side unlocked the door. No one is admitted to any part of the prison until prop-

WEDNESDAY, FEBRUARY 21, 1945

787

erly identified and his right of entry ascertained. This rule seemed to be definitely enforced as some of the Committee had trouble gaining entrance.
We found roads in process of construction at the main prison and between the women's prison and the men's prison, which has long been a great need at the prison. The general grounds on the outside of the prisons and between the men's and women's prison had been greatly improved by the building of roads and fences and the sowing of grass on the lawns, which gave the place a very striking appearance.
We found completed and in process of construction, approximately 25 buildings designed for use by the official personnel of the prison which will enable officials and guards to reduce their living expenses and live within easy reach of the prison at all times.
Your Committee made a thorough inspection of the prison farm which embraces 3,500 acres now in cultivation. Considerable work had been done with reference to winter crops and from best sources of information, much of this work had been done under handicap. Approximately 1,500 acres of winter grain and legumes were growing on the farm. There being approximately 1,300 acres of small grain and 200 acres of Austrian peas and other legumes. All of the small grain being planted in October and November of 1944 with the exception of about 400 acres which had been purposedly sown in January for hay.
On the 16th day of February while your Committee was present at the prison, there were a number of tractors and 90 mules actually engaged in plowing. A number of those breaking ground while others were planting potatoes and other early crops. In fact, most of the land not at present sowed in grains or legumes was actually in process of preparation for the spring crops. Quite a number of varieties of vegetables were growing in considerable quantities in the garden area which included turnips, turnip greens, collard greens, English peas of various ages and stages of growth, and approximately 15 acres of onions.
Your Committee paid special attention to the fences around the farming area and found them in better condition by far than they were a year ago. In fact, we saw none of the places down at all and few places where major repair was needed. We found them in better condition than those on the average well-kept farm.
We visited the pure-bred dairy and found the cows to be in excellent condition. There being 48 in number of the pure-bred herd. Most of them were being milked at the present time and producing 90 gallons of milk on an average per day. There were 28 heifer calves from the pure-bred herd in excellt>nt condition and direct off-spring from the original pure-bred herd born last year. Many of these young heifers were practically ready for breeding. There were approximately 18 young males from the pure-bred herd, none of which were to be used for beef purposes. We were told by the manager of the dairy barn of the pure-bred herd that arrangements had already been made to sell some of the young males for breeding purposes this spnng.
We next visited the grade herd. We found this herd to be in good condition, however, we were advised that there had been a small amount of bangs disease

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among the grade herd but were advised that this had been practically eradicated. The condition around the dairy barn of the grade herd was very bad for the reason that it had been necessary to use an old shed without proper sanitary devices for the care of this herd, however, a new dairy barn was complete at the time of our visit with the exception of wiring for lights and a few minor details, which barn was completely modern and sanitary and will accommodate 30 cows at a time. This barn will be in use within a week or ten days.

A new barn is already in the state of completion for the pure-bred herd, which when completed, from a standpoint of sanitation and convenience, will be second to none for the accommodation of the pure-bred herd.

We found 96 milk cows in the grade herd producing approximately 135 gallons of milk per day. The offspring from the grade herd consisted of 20 heifers and 61 small calves. Some 6 or 8 of this group were affected with what we were told was pink eye. We were advised by the dairy manager that each of these calves had been treated under the supervision of a competent venternarian and that the condition was greatly improved.

We further found that 54,598 pounds of fresh pork had been slaughtered and fed to the prisoners in the institution from hogs grown on the farm since June 30, 1944 and until January 1, 1945.

We traveled over the entire farm in search of the herd of hogs, finding them in various divisions of the farm. There being approximately 930, which included pure-bred and ordinary hogs. We inspected the pure-bred hog herd and found 83 pure-bred sows all in fine condition and a total of 136 all grades on the farm.

The beef herd consisting of 325 head, total 145 cows, 7 bulls, 54 calves, 119

yearlings were found to be in good condition. Although not fat, they were in average

condition for the season of the year.



We found poultry division greatly improved over our last visit to the prison, however, there were only 580 laying hens on our visit as against 2,765 on the 30th day of June, 1944. We were advised that the reason for the reduction in the number of hens was that they had become pullorum infected and that these hens had been continued in service during the laying season, at the of which time they were slaughtered for use in feeding the prisoners. There were on hand 4,950 Rhode Island Red baby chicks for which there had been constructed 24 modern rain shelters
with 5 modern brooder houses.

There were 93 mules, 21 horses including several brood mares and 6 colts. A total of 120 head of horses and mules. We found 2 jacks on the farm which were not state property, and which had been loaned to the state for service by the Coastal Experiment Station. These jacks were not fat but in good condition for service.

We found a general program of construction and repair going on at the prison and at the farm, including such buildings as dairy barns, houses for the prison officials and their families, repairs to all buildings on the farm and in the prison, two new implement sheds for the housing of tools, the construction of a commissary building. A new garage removed from the prison and enclosed by high modern safety fence all of which building and repairs were being completed throughout by the

WEDNESDAY, FEBRUARY 21, 1945

789

use of material produced on the farm and at the prison, including building blocks made from cement, lumber sawed from the farm by the prison saw mill with dressing of the lumber by the prison planing plant. In fact, all of the material used were produced at the prison with exception of the electric equipment, steel and cement with only a minimum amount of paid labor used which was necessary because of the fact that few men in the prison were capable of doing first-class carpentering or supervising such work.
Your Committee concludes that the overall picture of operation of the State Prison and Prison Farm showed decided improvement over conditions existing a year ago and wishes to commend the Director of the Department of the Penal Corrections and his staff for instituting and putting in progress a splendid program and it is our recommendaion that further criticism of the Department of Penal Correction cease except where based on actual facts rather than rumors and that those who desire to criticise either determine before such criticism, from the records in the Department of Penal Corrections or by visiting the Prison and Prison Farm before criticizing, and that the Director of the Department of Penal Corrections and his staff be left alone and given a fair opportunity to complete the prot~ram now in progress.
Respectfully submitted,
John L. Mavity, Chairman,
Frank L. Baker, Chairman
M.G. Hicks A. D. Littlejohn L. Olin Pierce E. L. Almand E. H. Kelley Max R. Looper C.Z. Harden Render Dallis Joseph Mann A. M. Campbell James C. Mann A. F. Seagraves G. L. Thompson R. N. Etheridge Ford Porter Lamar Adamson 0. T. Giddens Clark Mosley Garland H. Williams J. M. Medders J. Z. Holbrook Grey C. Dorsey Paul S. Etheridge, Jr.

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The following resolution of the House was taken up for the purpose of considering Senate amendments thereto:

HR 11-19C. By Messrs. Harris of Richmond, Durden of Dougherty, Culpepper of Fayette, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, and Arnold of Spalding:
A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes.
By unanimous consent the Senate amendments were disagreed to and the speaker appointed the following members of the House as a Committee of Conference: Messrs. Culpepper of Fayette, Gowen of Glynn, and Durden of Dougherty.

Under the special order of business fixed by HR 91 the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 402. By Messrs. Weaver and Bloodworth of Bibb:
A bill to be entitled an act. to amend section 35 of the corporation act approved January 28, 1939, to make it apply to any corporation incorporated under an act of the General Assembly authorizing superior courts to grant charters; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were ll5, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 193. By Mr. Hatchett of Meriwether:
A bill to be entitled an act to provide it shall be the duty of the state board of education to adopt rules and regulations for taking a school census; and for other purposes.
The report 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 32. By Messrs. Key of Jasper and Livingston of Polk:
A bill to be entitled an act to provide for the paying of annmt1es and benefits to the peace officers of the state; and for other purposes.

WEDNESDAY, FEBRUARY 21, 1945

791

This bill involving an appropriation, the House was resolved into a Committee of the Whole House for the consideration of HB 32 with instructions not to read the bill in its entirety and the speaker designated Mr. Gowen of Glynn as chairman thereof.
The Commitee of the Whole House arose and through its chairman reported HB 32 back to the House with the recommendation that the same do pass by substitute as amended.
The following committee substitute to HB 32 was read: Committee substitute to HB 32:
A BILL
To be entitled an act to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; to provide for a commission to receive and disburse such funds; to provide for a method of payment of such fund to beneficiaries thereof; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that in order to carry out the provisions of this act and to perform the duties fixed by this act, there is hereby created a board to be known as the Board of Commissioners of the Peace Officers Annuity and Benefit Fund of Georgia, and hereinafter referred to as the Board or Board of Commissioners, said Board shall consist of the Governor, attorney general, comptroller general, president of the Peace Officers Association of Georgia and three members of the Peace Officers Association of Georgia. To complete the organization of the Board in the first instance, the three peace officers shall be appointed by the executivt> committee of the Peace Officers Association of Georgia, and the three so appointed shall serve until their successors are elected by the Peace Officers Association of Georgia at its next regular convention. The members elected by the Peace Officers Association at its regular convention shall take office January 1st next after their election. The three members so elected by the Peace Officers Association of Georgia shall be as follows: one from the sheriff's, one from the state highway patrol, and one from the police officers, all of whom shall be commissioned by the Governor. The term of office of the members of the board except the Governor, attorney general, comptroller general and president of the Peace Officers Association shall be for a period of two years and all of said members shall serve without pay. Provided all board members shall be reimbursed for their actual expenses in attending the meeting of the board.
Section 2. That within thirty days after the passage of this act, or as soon thereafter as is practical, the organization of said board shall be perfected by the election from its members of a chairman and vice chairman. A majority of the members of said board shall constitute a quorum for the purpose of transacting all business that may come before the board.
Section 3. There is hereby created an office to be known as director-treasurer, of the P'eace Officers Annuity and Benefit Fund of Georgia, who shall be selected

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and appointed by the board, and he shall serve during the pleasure of the board. He shall receive such compensation for his services as shall be fixed by the board. Said director-treasurer as elected shall have such power and authority as may be given him by the board and shall perform such services as the board may direct.
Section 4. The Board of Commissioners, as provided herein, shall have such control of the funds provided for in this act, not inconsistent with the provisions of this act and with general state laws. All funds received by the Board of Commissioners shall be deposited in a special account to be known as the Peace Officers Annuity and Benefit Fund of Georgia. The said board shall have authority to expend the funds in accordance with provisions of this act, and to invest any of the funds so received in any investments, which are legal investments, or trust funds under the laws of the State of Georgia.
Section 5. The Board of Commissioners hereby created and established are given the following powers and duties: To provide for the collection of all money provided in this act; To provide for the payment of all administrative expenses not inconsistent with the state budget law and other laws of general application; To hear and decide all applications for annuities and benefits provided for under this act; To provide for the payment of all benefits and annuities that may be determined to be due under the rules and regulations as adopted by the board; To make all necessary rules and regulations for its government and for the government of the employees, employed to administer the provisions of this act; To determine and fix rules of eligibility of persons to receive benefits and annuities under the provisions of this act; To make provisions of refunds and repayments to persons who may be entitled to receive same; to keep records of all its meetings and proceedings; and all other powers necessary for the proper administration of the provisions of this act.
Section 6. It shall further be the duty of said board to keep permanent records of all its acts in granting of annuities and/or benefits. Such records shall give the name, date of beginning of his or her service as a peace officer, date of his or her incapacity and the reason therefor, together with such other information as shall be deemed necessary by the board to a proper determination of such application. All records ,papers and other data shall be carefully preserved and turned over to the succeeding officers or board members.
Section 7. That the board may take by gift, grant, devise or bequest any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of said fund in accordance with the provisions of this act.
Section 8. The term "Peace Officer," as used in this act, shall mean all peace officers of the State of Georgia, or any subdivision, or municipality thereof, who are required by the term of their employment, whether by election or appointment, to give their full time to the preservation of public order, or the protection of life and property, or the detection of crime in the State of Georgia, or any political subdivision of municipality thereof, or receive for their services fees provided for under the laws of the State of Georgia, and who are members in good standing in the Peace Officers' Association of Georgia. Provided that any person coming within the meaning of the word Peace Officer as herein defined shall be eligible to membership in the

WEDNESDAY, FEBRUARY 21, 1945

793

Peace Officers Association of Georgia. The word "income," as the term shall be used in this act, shall be construed to mean any and all income received by such peace officer for service rendered as fixed salary and/ or subsistence, or fixed salary and fees, or fees only, as the case may be. The word "Service," as the term shall be used in this act to determine the amount of benefits due the beneficiary under the provisions of this act, shall be construed to mean the total number of years in the aggregate actually served by the said peace officer computed from the date that said officer began his or her duties for the State of Georgia, political subdivision, or municipality thereof.
Section 9. Peace Officers as herein defined and who are eligible to receive benefits under this act, shall make application to the Peace Officers Annuity and Benefit Fund of Georgia upon blanks to be furnished for that purpose by the board of commissioners, giving such information as may be required by the board, and shall pay a monthly sum into the Peace Officers Annuity and Benefit Fund of Georgia equal to 3% of the money received as their fixed salary and/or subsistence, or fixed salary and fees, or fees only. Provided, that no member shall pay more than $7.50 per month. All applicants shall furnish the Board under oath with a statement of their monthly earnings and shall remit to the said board not later than the lOth of each subsequent month the amount due hereunder. And provided further that any peace officer in the State of Georgia as defined in section 8 hereof, shall be eligible for membership in the Peace Officers Annuity and Benfit Fund of Georgia.
Section 10. The State Budget Bureau is hereby authorized to make allotment of such funds as may be available in the emergency fund to assist in the operation of this act, and for the payment of benefits hereunder, to be withdrawn from the state treasury in the same manner as all other funds are withdrawn. This section shall become operative upon the passage of a constitutional amendment authorizing expenditure of tax funds for the pur'poses provided in this act and upon the budget bureau certifying by resolution that funds are available on the part of the state to aid in the operation of this act. All funds allotted by the state shall be retained in the appropriation account in the state treasury and disbursed therefrom only upon need as approved by the budget bureau. The amount contributed by the State of Georgia to the annuity and benefit fund in this act provided shall not exceed the amount of $3.00 per month for each peace officer eligible for benefits under this act. But nothing herein shall prohibit a department of said state employing peace officers as defined by this act from making a like contribution.
Section 10-a. The counties and municipalities of the State of Georgia are hereby authorized to contribute to the benefit funds established under this act in the same amount equal to that of the state, for each of their peace officers participating in the benefits of this act, who are, or were, full time employees of the respective municipalities or counties. If any county or municipality fails to contribute in whole or in part to said benefit fund, then the amount of benefits paid under this act to the peace officer of such county or muncipality shall be proportionately reduced.
Section 11. That the money so paid into the hands of the treasurer of the board of commissioners of the Peace Officers Annuity and Benefit Fund of Georgia

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herein provided, shall be used for the following purposes: Upon proper application being presented upon a form to be provided by the said board for annuities and/or benefits and upon the same having been duly and properly passed on and approval thereof granted by the board, the treasurer of the board shall thereupon pay to such applicant a monthly sum of 60% of the average monthly salary or income received by such applicant over a period of five years immediately prior to making application therefor; provided, however, that said applicant has had twenty (20) years' service as a peace officer in Georgia; the sum of 70% of the average monthly salary or income received by applicant over the five years period immediately prior to making such application, provided such applicant shall have served twenty-five (25) years as a peace officer in the State of Georgia; and the sum of 80% of the average monthly salary or income received by such applicant over the five years period immediately prior to making application therefor, provided said applicant has had thirty (30) years of service as a peace officer in the State of Georgia. No person shall be eligible for benefits hereunder until his or her official duties shall have terminated unless otherwise provided for in this act, and unless he or she shall file application within ninety (90) days, or as soon thereafter as possible, from the time of termination of his or her official duties as such officer in the State of Georgia and is
at least 55 years of age at the time such application is made, and provided further
that in no case shall the annuity payable under this section exceed the sum of one hundred dollars per month.
Section 12. Any peace officer, subject to the provisions of this act, upon becoming totally or permanently disabled after having served continuously for a period of one year or more as a peace officer in the State of Georgia, next preceding the date of such disability, shall be entitled to be paid monthly as such disability continues, by the treasurer of the board of commissioners, upon proper application being made therefor, a percentage of the average monthly salary or income received by such officer over a period of time as hereinafter provided. Such percentage shall be based upon the number of years of continuous service rendered by the applicant as a peace officer in the State of Georgia as follows:
For continuous service of one ( 1) year and less than two (2) years, twelve ( 12) per cent of such average monthly salary or income;
For continuous service of two (2) years and less than three (3) years, twentyfour (24) per cent of such average monthly salary or income;
For continuous service of three (3) years and less than four (4) years, thirtysix 36) per cent of such average monthly salary or income;
For continuous service of four (4) years and less than five (5) years, fortyeight (48) per cent of such average monthly salary or income;
For continuous service of at least five (5) years or more, sixty (60) per cent of such average monthly salary or income;
Any peace officer disabled in line of duty during the first year as a peace officer shall receive 12% of his average monthly salary during such period of disability.
Provided, however, that in no case shall the disability benefits under this section exceed the sum of one hundred dollars ($100) per month, and provided further that the board shall fix the minimum amounts to be paid under this act.

WEDNESDAY, FEBRUARY 21, 1945

795

Section 13. Any peace officer who shall have served continuously as an active peace officer in the State of Georgia for a period of at least one ( 1) year and who shall be otherwise subject to the provisions of this act, shall be issued a certificate by the board of commissioners upon application therefor, whereby the board shall agree to pay a sum of money to designated beneficiary, upon the death of such officer. The amount agreed to be paid shall be based upon the number of years of continuous service rendered by such peace officer in Georgia, as follows:
For continuous service of one ( 1) year and less than two (2) years, the sum of two hundred dollars ($200);
For continuous service of two (2) years and less than three {3) years, the sum of four hundred dollars ($400);
For continuous service of three {3) years and less than four {4) years, the sum of six hundred dollars ($600);
For continuous service of four (4) years and less than five ( 5) years, the sum of eight hundred dollars ($800) ;
For continuous service of five (5) years or more, the sum of one thousand dollars ($1000).
PROVIDED HOWEVER, that no amount shall be paid upon the death of such officer unless at the time such officer is in active service as a peace officer of Georgia, or is an annuitant under the provisions of this act.
"Provided further that any officer killed in the discharge of duty shall be eligible to $2,000 death benefit, regardless of the time of service."
Section 14. In the event that the amount derived from the different sources provided in this act shall not be sufficient at any time to enable the said board to pay each person determined to be entitled to the benefits thereof, in full, the annuities and benefits provided, then the prorated percentage of such monthly payment or payments shall be made to each beneficiary to continue until said fund shall be replenished sufficiently to warrant the resumption thereafter of such annuities or benefits to each of said beneficiaries in accordance with the scale herein set forth; provided, however, that in no such event shall the board, or any member thereof, be liable to any beneficiary or the representatives of any beneficiary for any deficiencies in payments made as provided by this section.
Section 15. The state auditor is hereby authorized and directed to make an annual audit of the acts and doings of this board and to make a complete report of same to the legislature of Georgia. Said report shall disclose all monies received by the board, and all expenditures made by the board including administrative expense and payments made as annuities and benefits. He shall also make an audit of the said affairs of the board at any time requested by a majority of the board of commissioners.
Section 16. The treasurer of the board shall give a good and sufficient surety bond in such an amount as may be determined by the board and such surety bond shall be conditioned upon the proper and faithful performance of his duties as such treasurer. That the treasurer shall make quarterly reports to the board of commissioners showing the total amount of money in his hands at the time of making such report,

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and also show a full accounting of receipts and expenditures since his last quarterly report.
Section 17. The provisions for benefits and annuities herein contained shall not become operative until after the funds necessary to carry out the provisions of this act shall have been provided. All claims for annuities or benefits arising before sucl1 funds are made available shall not be covered by this act and the board is hereby directed not to pay any annuities or benefits based upon any such claim, but for the purpose of computing the length of service under this act the board shall be authorized to include the period of time elapsing between the effective date of this act and the date that it becomes operative.
Section 18. All rights and benefits provided herein shall be subject to future legislative change or revision and no beneficiary herein provided for shall be deemed to h~ve any vested right to any annuities or benefits provided herein.
Section 19. FUNDS NOT ASSIGNABLE. Be it further enacted that none of the funds herein mentioned and provided for shall be subject to attachment, garnishment, or judgments rendered against the beneficiary entitled to receive the same; nor shall the same be assignable; but shall be paid directly to the beneficiary herein provided for.
Section 20. PARTIAL INVALIDITY. If any clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court or competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or part thereof, directly involved in the controversy in which such judgment shall have been rendered.
Section 21. All laws and parts of laws in conflict herewith be and the same are hereby repealed.
Section 22. This act shall take effect upon its passage by the General Assembly and approval by the Governor.

The following amendments to the committee substitute to HB 32 were read and adopted:
Messrs. Harris of Richmond and Key of Jasper move to amend committee substitute to HB 32 by adding between the words "presented" and "upon" in line 4 of
section 11 the words "by a member" and by striking from line 5 beginning with the
word "and" after the word "benefits" the following: "and upon which same having fieen duly and properly passed on," and by adding after the comma" which follows the word "made" and between the word "and" in line 21 of said section 11 the following language: "and has complied with the requirements of section 9 of this act," so that said section as amended will read as follows:
Section 11. That the money so paid into the hands of the treasurer of the board of commissioners of the Peace Officers Annuity and Benefit Fund of Georgia herein provided, shall be used for the following purposes: Upon proper application being

WEDNESDAY, FEBRUARY 21, 1945

797

presented by a member upon a form to be provided by the said board for annmt1es and/or benefits and approval thereof granted by the board, the treasurer of the board shall thereupon pay to such applicant a monthly sum of 60% of the average monthly salary or income received by such applicant over a period of five years immediately prior to making application therefor; provided, however, that said applicant has had twenty (20) years' service as a peace officet in Georgia; the sum of 70% of the average monthly salary or income received by applicant over the five years period immediately prior to making such application, provided such applicant shall have served twenty-five (25) years as a peace officer in the State of Georgia; and the sum of 80% of the average monthly salary or income received by such applicant over the five years' period immediately prior to making application therefor, provided said applicant has had thirty (30) years of service as a peace officer in the State of Georgia. No person shall be eligible for benefits hereunder until his or her official duties shall have terminated unless otherwise provided for in this act, and unless he or she shall file application within ninety (90) days or as soon thereafter as possible, from the time of termination of his or her official duties as such officer in the State of Georgia and is at least 55 years of age at the time such application is made and has complied with the requirements of section 9 of this act, and provided further that in no case shall the annuity payable under this section exceed the sum of one hundred dollars per month.
Mr. Harris of Richmond moves to amend section 9 by striking therefrom in lines 2 and 4 wherever it appears the word "shall" and insert the word "may."
Messrs. Harris of Richm~nd and Key of Jasper move to amend committee substitute to HB 32 by adding between the words "regulations" and "for" in line 8 of section 5 the following language: "not inconsistent with law."
Messrs. Harris of Richmond and Key of Jasper move to amend committee substitute to HB 32 by placing a period after the word "Georgia" in line 7 of section 8 and by striking the following words:
"And who are members in good standing in the Peace Officers Association of Georgia. Provided that any person coming within the meaning of peace officers as herein defined shall be eligible to membership in the Peace Officers Association of Georgia."
Messrs. Harris of Richmond and Key of Jasper move to amend committee substitute to HB 32 by striking the "period" where the same appears after the word "Georgia" at the end of section 9 and substituting in lieu thereof a "comma," and by adding to section 9 the following language:
"When such member has contributed the assessments herein above provided for into the peace officers annuity benefit fund within eighteen months after the benefits herein provided for have been provided and/or thereafter within six months after his appointment or election and qualification as a peace officer of the state or its sub-division as defined in section 8 of this act."
Mr. Matthews of Peach moves to amend HB 32 by adding to section 8 the following language:
"No peace officer who is eligible to participate in any pension fund or pension plan by the federal government, the state or any of its political subdivisions shall be

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eligible to participate in the annuity and benefit fund created in this act."

Mr. Key of Jasper moved the adoption of the substitute as amended and the motion prevailed.

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

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

Those voting in the affirmative were:

Adamson Almand Ansley Banks Bargeron Barrett Barwick Beddingfield Black Bloodworth of Houston Britton Brooke Brumby Campbell Chastain Cheek Cheshire Claxton Cowart Crow Crowley Dallis Dorsey of Cobb Ennis, J. H. Evitt Fortson Fowler Gammage Giddens Greer Griswell

Guerry Harden Harrison of Screven Harrison of Wayne Hatchett Hicks Hinson of Ware Hogg Holbrook Holley Hubert Johns Kenimer Kennon Key Lancaster Lane Lewis Livingston Maund McCracken McCurdy Mallard Mann of Henry Mason Massey Matthews of Peach Miller Mitchell Moore

Mosley Moye of Brooks Moye of Randolph Oakley O'Shea! Overby Parks Pettit Pittman of Bartow Pittman of Tift Porter Price Ray Riddlespurger Ritchie Rossee Sears Sills Smith of Emanuel Thornton Thrash Twitty Wells of Ben Hill Whaley Williams of Appling Williams of Gwinnett Williams of Ware Willis Willoughby Wilson

Those voting in the negative were:

Adams Alexander of Chatham Arnall of Coweta

Baker Battles Bloodworth of Bibb

Boynton Brock Brunson

WEDNESDAY, FEBRUARY 21, 1945

7Y9

Cates Chance Connerat Culpepper DeFoor Dorsey of White Dupree Durden Ennis, Marion Etheridge of Butts Gary Gaskins Gavin Gibson Glisson Gowen Greene Guyton Hall

Hardy of Jackson Harrison of Jenkins Hart Herrin Hinson of J e:ff Davis Holleman Holloway Jackson Jennings of Sumter Jennings of Terrell Lovett McNall Mankin Manous Matthews of Paulding Medders Mullinax Oden Parham

Pennington Phillips Powell Rowland Sapp Seagler Sheffield Shields Smiley Smith of Bryan Swint Trotter Watford Weaver Wells of Lincoln Williams of Coffee Williams of Jones Williams of Toombs Witherington

Those not voting were :

Alexander of Carroll Arnold of Spalding Broome Burch Callaway Connell Dykes Etheridge of Fulton Freeman Garrison Gilbert Hampton Hand Hardy of Hall Hefner Herndon

Hill Hollis Hooks Hurst Kelley Kendrick Kent King Knabb Lam Looper Malone Mann of Rockdale Morrison Murphy Nicholson

Odom Oliver Pannell Ramey Roughton Seagraves Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Thompson Underwood 'toung 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 92, the nays 66.
The bill having failed to receive the requisite constitutional majority was lost. The following resolution was read and adopted:

800

JOURNAL OF THE HOUSE,

HR 99. By Messrs. Harris and Holley of Richmond and Phillips of Columbia:

A RESOLUTION
WHEREAS, word has reached us giving the sad news of the death of Mr. E. Walter King, brother of Representative G. Pierce King, Augusta, Richmond county, Georgia, and
WHEREAS, Representative G. Pierce King is an honored, loved and respect~d member of this body, and
WHEREAS, we, the members of this General Assembly have learned with sincere regret and deep sorrow of the passing of Mr. E. Walter King, and are desirous of expressing as a body our sympathy and condolence to Representative G. Pierce King and other relatives,
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Georgia express to Representative G. Pierce King our deepest sympathy and most sincere condolence, and
BE IT FURTHER RESOLVED, That these resolutions be spread upon the records of this body and that a copy of the same, suitably inscribed, be presented to Representative G. Pierce King.

Under the special and continuing 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 355. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and Phillips of Columbia:
A bill to be entitled an act to authorize the state board of education to receive federal and other funds for the construction and improvement of school houses, and to provide for the inspection of school houses; and for other purposes.

The report 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.

HR 474. By Messrs. Thompson of Meriwether, Matthews of Peach, Littlejohn of Floyd, Crowley of McDuffie, King of Richmond, Hubert of DeKalb, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to repeal code sections ,36-504, 36-506, and 36-507 and enacting three new sections relating to "assessment of value and damages" and "consequential damages" and "finding of assessors, how and where entered"; and for other purposes.

WEDNESDAY, FEBRUARY 21, 1945

801

Mr.. Harris of Richmond asked unanimous consent that HB 474 be stricken from the calendar and the consent was gr!lnted.

Mr. Harrison of Jenkins moved that the House recess until 2:00 o'clock and the motion prevailed.
The speaker announced the House recessed until 2:00 o'clock.

The speaker called the House to order.

2:00 o'Clock P. M.

The following resolution was read and adopted:

HR 100. By Messrs. Gowen of Glynn, Alexander and Connerat of Chatham:
A resolution requesting the Governor and director of state parks to investigate the feasibility of establishing a state park on the coast of Georgia; and for other purposes.

Under the special and continuing 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 465. By Messrs. Thompson of Meriwether, Seagler of Crawford, King of Richmond, Littlejohn of Floyd, Crowley of McDuffie, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to establish an optional method to condemn rights of way by the state highway department and/or counties of the state; and for other purposes.
Mr. Gowen of Glynn asked unanimous consent that HB 465 be tabled and the consent was granted.

HB 472. By Messrs. Thompson of Meriwether, Littlejohn of Floyd, King of Richmond, Crowley of McDuffie, Matthews of Peach, Hubert of DeKalb, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to amend the act approved March 27, 1941 (Georgia Laws 1941, pp. 237-238), to provide the director of the state highway department shall have the right to acquire, build, equip, maintain and operate airports; to provide he may contract with counties and municipalities for the maintenance of airports; and for other purposes.

Mr. Gowen of Glynn moved that HB 472 be tabled. On the motion to table, the ayes were 103, the nays 14, and the bill was tabled.

802

JOURNAL OF THE HOUSE,

HB 303. By Messrs. Nicholson of Oconee, Hefner of Pickens, MeNall of Chatham, Greer of Lanier, DuPree of Pulaski, and Chance of Twiggs:
A bill to be entitled an act to provide a veteran of World War I who was in the final semester of his senior dental college and a member of the Georgia National Guards may be licensed as a dentist upon recommendation of the board; and for other purposes.
By unanimous consent, HB 303 was stricken from the calendar.

HR 65-458A. By Messrs. Kelly and Crow of Walker:
A resolution directing the joint secretary, state exammmg boards, to pay B. R. Swanson $490.00 as balance on salary from funds of the State Board of Barber and Hairdresser Examiners; and for other purposes.

This resolution involving an appropriation, the House was resolved into a Committee of the Whole House for the consideration of HR 65-458A with instructions not to read the resolution in its entirety and the speaker designated Mr. Twitty of Mitchell as chairman thereof.
The Committee of the Whole House arose and through its chairman reported HR 65-458A back to the House with the recommendation that the same do pass as amended.

The following amendments were read and adopted:
Mr. Kelly of Walker moves to amend HR 65-458A by striking from said resolution wherever it occurs the name of B. R. Swanson and inserting m lieu thereof the name D. R. Swanson.

Mr. Kelly of Walker moves to amend HR 65-458A by striking the last two paragraphs thereof and inserting in lieu thereof the following:
"Therefore be it resolved by the House of Representatives, the Senate concurring, that there is hereby appropriated by lawful funds in the treasury of the State of Georgia, not otherwise appropriated, the sum of $490.00 to be paid to D. R. Swanson, a citizen of the State of Georgia, in payment in full satisfaction of said claim."

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution as amended, which involved an appropriation, the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative wert;!

Alexander of Carroll Alexander of Chatham Almand

Ansley Arnall of Coweta Arnold of Spalding

Baker Banks Barrett

WEDNESDAY, FEBRUARY 21, 1945

803

Battles Beddingfield Bloodworth of Bibb Boynton Britton Brooke Broome Brumby Brunson Chance Connerat Cowart Crow Crowley Dallis Dorsey of Cobb Dorsey of White Dupree Ennis, J. H. Ennis, Morgan Etheridge of Butts Evitt Fortson Gary Glisson Gowen Greene Greer Griswell Guyton Hand Harden

Harrison of Jenkins Hart Hatchett Herndon Hill Hinson of Jeff Davis Hinson of Ware Holleman Hubert Jackson Jennings of Sumter Jennings of Terrell Kelley Kendrick Kenimer Kennon Key Knabb Lam Lane Looper Maund McCurdy McNall Mankin Manous Matthews of Paulding Medders Moore Morrison Moye of Brooks Moye of Randolph

Those voting in the negative were:

Brock Cheek Claxton Culpepper DeFoor Durden Gavin

Gibson Giddens Hurst Mosley Pennington Sapp Sheffield

Those not voting were:

Adams Adamson Bargeron

Barwick Black Bloodworth of Houston

Murphy Overby P'arham Parks Pannell Pittman of Bartow Pittman of Tift Price Ramey Ray Ritchie Rowland Seagler Seagraves Sears Sills Smith of Emanuel Smith of Oglethorpe Strickland of Upson Thornton Thrash Trotter Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln Williams of Appling Williams of Gwinnett Williams of Ware Willoughby Young
Sparks Twitty Whaley Williams of Jones Williams of Toombs Wilson Witherington
Burch Callaway Campbell

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JOURNAL OF THE HOUSE,

Cates Chastain Cheshire Connell Dykes Etheridge of Fulton Fowler Freeman Gammage Garrison Gaskins Gilbert Guerry Hall Hampton Hardy of Hall Hardy of Jackson Harrison of Screven Harrison of Wayne Hefner Herrin Hicks Hogg Holbrook

Holley Hollis Holloway Hooks Johns Kent King Lancaster Lewis Littlejohn Livingston Lovett McCracken Mallard Malone Mann of Henry Mann of Rockdale Mason Massey Matthews of Peach Miller Mitchell Mullinax

Nicholson Oakley Oden Odom Oliver O'Shea! Pettit Phillips Porter Powell Riddlespurger Rossee Roughton Shields Smiley Smith of Bryan Strickland of Pike Sumner Swint Thompson Williams of Coffee Willis Mr. Speaker

J:Sy unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, as amended, the ayes were 105, the nays 21.
The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 56-401A. By Mr. Massey of Dade:
A resolution authorizing the Governor to trade certain land owned by the state for 100 acres adjoining the state park in Dade county; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 113, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

HB 70. By Messrs. Britton and Brooke of Whitfield:
A bill to be entitled an act to require the inoculation of dogs against rabies; to create the office of County Rabies Inspector; and for other purposes.

WEDNESDAY, FEBRUARY 21, 1945

805

The following amendment was read and adopted:
Mr. Ennis of Baldwin moves to amend HB 70, section 7, by adding a new sentence at the end thereof to read as follows: "If the owner is unknown the rabies inspector shall run a notice in the official organ for two weeks, giving a full description of the dog, and if the owner redeems said dog, he shall pay the cost of advertisement.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, as amended, the ayes were 116, the nays 5.
The bill having received the requisite constitutional majority was passed as amended.

HB 266. By Messrs. Durden of Dougherty, Gowen of Glynn, Kendrick of Fulton, and Trotter of Troup:
A bill to be entitled an act to amend the Unemployment Compensation Act by changing the name to The Employment Security Agency; by amending, changing and clarifying the provisions of the law as to experience rating; and for other purposes.
The following amendment was read and adopted:
Mr. Kendrick of Fulton, Durden ~f Dougherty, and Arnold of Spalding move to amend "subparagraph F" of paragraph l3 of section 1 of HB 266 by striking from the first sentence of said "subparagraph F" the words "and also" and substituting in lieu thereof the word "or" and by adding the words "whichever is greater" at the end of the first sentence of said "subparagraph F" so that when amended, paragraph 13 of section 1 of said bill shall read as follows:
"Paragraph 13. By adding to the end of section 7 (c) (6) (i) of said act of 1937, as amended (Georgia Ann. Code 54-622) (6) (i), a new subparagraph to be known and designated as subparagraph (F), namely:
(F) Provided, however, that for the calendar year 1945 and the calendar 1946 an employer's contribution rate shall be 2.7 per centum of that part of the wages paid by him during each such calendar year which is in excess of 300 per centum of his total taxable payroll for the calendar year 1941 plus that of his predecessor, if any, or in excess of $150,000.00, whichever is greater. Provided further that an employer who did not have a taxable payroll during the calendar year ending December 31, 1941, and is not a successor to one who had such payroll, but who shall be otherwise entitled to a reduced contribution rate under the terms of section 7 (c) of this act shall have a contribution rate of 2.7 per centum on that portion of wages paid by him which exceeds a total of $150,000.00 during each of the calendar years 1945 and 1946."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

8J6

JOURNAL OF THE HOUSE,

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 message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker: The Senate insists on its position to the following resolution of the House to wit:

HR 11. By Messrs. Harris of Richmond, Durden of Dougherty, and others:
A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes:
The president has appointed on the part of the Senate a Conference Committee of the following members: Senators Harrell of the 7th, Freeman of the 22nd, and Edwards of the 28th.

Mr. Etheridge of Fulton asked unammous consent that the following bill of the Senate be reconsidered:

SB 180. By Senator Millican of the 52nd:
A bill to be entitled an act to create the office of deputy recorder to preside in recorder's court and to fix his salary; and for other purposes.
The request was granted and SB 180 was placed in its proper place on the calendar.
The following bill of the House was taken up for the purpose of considerine; a Senate amendment thereto:

HB 293. 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.
The following Senate amendment was read:
Senator Harrell of the 12th moves to amend section 2 of HB 293 by striking from said section 2 the words "shall in no case $720.00 per annum and may be named from time to time by the commissioner of roads and revenues within the maximum of $720.00 per annum" and inserting in lieu thereof the following section "shall be seven hundred twenty dollars ($720) per annum."
Mr. Overby of Stewart moved that the House agree to the Senate amendment to HB 293.

WEDNESJ:?AY, FEBRUARY 21, 1945

807

On the motion to agree, the ayes were 106, the nays 0, and the Senate amendment was agreed to.

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:

HB 365. By Messrs. McNall, Alexander and Connerat of Chatham:
A bill to be entitled an act to authorize the governing authority of the several counties, to conserve the ground water of the state by limiting the number and size of wells; and for other purposes.
The following amendments were read and adopted:
Mr. Culpepper of Fayette moves to amend HB 365 as follows:
Add a new section before the repealing clause to be numbered section 3a and to read as follows:
Section 3a. The provisions of this act shall not apply to Fayette county. Also amend caption by adding before the words "and for other purposes" the following words :
"To provide for exemption of Fayette county."
Messrs. Matthews of P'each, Thrash of Coffee, and Lovett of Laurens move to amend HB 365 as follows:
Add a new section before the repealing clause providing:
"The provision of this act shall not apply to Peach, Talbot, Coffee, Sumter and Laurens county and to amend the caption accordingly."
By unanimous consent, HB 365 and amendments were tabled.

HB 101. By Messrs. Holly of Richmond and Kendrick of Fulton:
A bill to be entitled an act to authorize the commissioner of labor to promulgate rules for the prevention of accidents and occupational diseases; and for other purposes.

Mr. Harris of Richmond moved that the House adjourn until tomorrow morning at 9:00 o'clock.

HB 101 with its committee substitute was carried over as unfinished business of the day.

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

808

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, February 22, 1945.

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 scripture reading and prayer by the chaplain.

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

Mr. Evitt of Catoosa, 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. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills.

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

HB 596. By Mr. Young of Muscogee:
A bill to be entitled an act to repeal code section 32-1006 and substitute a new section to provide the state board of education shall classify county school superintendents and fix their salaries; and for other purposes.
Referred to the Committee on Education No. 2.

HB 597. By Mr. McCracken of jefferson:
A bill to be entitled an act to amend the act creating a city court of Lewisville by providing for the trial of civil and criminal cases before the judge without a jury; and for other purposes.
,Referred to the Committee on Counties and County Matters.

HR 102-596A. By Mr. Looper of Dawson:

THURSDAY, FEBRUARY 22, 1945

809

A resolution directing the state board of pardons and paroles to consider applications fo,r pardons and paroles from misdemeanor prisoners the same as from felony prisoners; and for oth.er purposes.
Referred to the Committee on Penitentiary.

HB 598. By Mr. Giddens of Calhoun:
A bill to be entitled an act to provide a salary to the sheriff of Calhoun county in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 105-598B. By Messrs. Cheshire and Riddlespurger of Colquitt:
A resolution proposing that certain described property which was conveyed to the State of Georgia by Colquitt county now be re-conveyed by the State of Georgia to Colquitt county; and for other purposes.
Referred to the Committee on Public Property.

HR 106-598A. By Messrs. Cheshire and Riddlespurger of Colquitt:
A resolution proposing that the State of Georgia re-convey certain property in Colquitt county to the Georgia Northern Railway Company.
Referred to the Committee on Public Property.

Mr. Oden of Pierce county, Chairman of the Committee on Pensions, submitted the following report:

Mr. Speaker:

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

HB 585. Do P'ass.

Respectfully submitted,

Oden of Pierce, Chairman.

Mr. Cheshire of Colquitt 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:

810

JOURNAL OF THE HOUSE,

HR 88-558A. Do Pass. Respectfully submitted,

Cheshire of Colquitt, Chairman.

Mr. Pittman of Bartow county, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report:

Mr. Speaker:

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

HB 529. Do Pass.

Respectfully submitted, Pittman of Bartow, Chairman.

Mr. Pittman of Bartow county, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report:

Mr. Speaker:

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

HR 83-535D. Do Pass.

HR 82-535C.

Do Pass. Respectfully submitted,

Pittman of Bartow, Chairman.

Mr. Price of Clarke county, Chairman of the Committee on Veterans Affairs, submitted the following report:

Mr. Speaker:

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

HB 591. Do Pass.

Respectfully submitted,

Price of Clarke, Chairman.

THURSDAY, FEBRUARY 22, 1945

811

Mr. Arnall of Coweta 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 resolution of the Senate and House and have instructed me as Chairman to report the same back to the House with the following recommendations:

HR 94-568B. Do Pass.

SB 91: Do Pass by substitute

HB 204. Do Pass.

HB 254. Do Pass.

HB 523. Do Pass.

H B 561. Do Pass.

Respectfully submitted,

Arnall of Coweta, Chairman.

Mr. Bloodworth of Bibb county, Chairman of the Committee on Municip_al Government, submitted the following report:

Mr. Speaker:

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

HB 594. Do Pass.

Respectfully submitted,

Bloodworth of Bibb, 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 580. Do Pass.

Respectfully submitted, Hatcher of Meriwether, Chairman.

812

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 bill of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:

HB 593. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Swint of Spalding 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 584. Do Pass.

Respectfully submitted,

Swint of Spalding, 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 479. Do Pass.

HB 507. Do Pass.

HB 552. Do Pass.

Respectfully submitted,

Hicks of Floyd, Chairman.

Mr. Bloodworth of Bibb county, Chairman of the Committee on Municipal Government, submitted the following report:

THURSDAY, FEBRUARY 22, 1945

813

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 581. Do Pass. HB 586. Do Pass.

Respectfully submitted,

Bloodworth of Bibb, 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 579. Do Pass. SB 168. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Thrash of Coffee county, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:

Your Committee on University System of Georgia have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the following recommendation:

HB 588. Do Pass.

Respectfully submitted,

Thrash of Coffee, Chairman.

Mr. Smith of Oglethorpe 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

814

JOURNAL OF THE HOUSE,

resolution of the House and have instructed me as Chairman to report the same back to the House with the following recommendation:
HR 96-568D. Do Pass.
Respectfully submitted, Smith of Oglethorpe, Chairman.

Mr. Fowler of Douglas County, Chairman of the Committee on Aviation, submitted the following report: Mr. Speaker:

Your Committee on Aviation have 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 308 Do Pass.

HB 413 Do Pass.

Respectfully submitted,

Fowler of Douglas, Chairman.

Mr. Pannell of Murray 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:
SB 199. Do Pass.
SB 205. Do Pass. HB 587. Do Pass.
Respectfully submitted,
Pannell of Murray, 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

THURSDAY, FEBRUARY 22, 1945

815

following resolutions . of the House and have instructed me as Chairman to report the same back to the House with the following recommendations:
HR 80-535A. Do Pass by substitute.
HR 47-326B. Do Not Pass. Respectfully submitted,
Ennis of Baldwin, Chairman.

Mr. Wells of Ben Hill 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 resolution and bills of the House, to wit:
HB 163. HB 164. HB 1'70. HB 171. HB 175. HB 191. HB 193. HB 207. HB 212. HB 250. HB 298. HB 319. HB 344. HB 355. HB 402. HB 461. HB 470. HB 471.

816
HB 527. HB 533. HB 556. HB 557. HB 562. HR 52. HR 100.

JOURNAL OF THE HOUSE,
Respectfully submitted, Wells of Ben Hill, Chairman.

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

HB 204. By Hessrs. Harris of Richmond and Gowen of Glynn:
A bill to be entitled an act to amend the unemployment compensation act, to exempt certain commissioned agents of common carriers.; and for other purposes.
HB 254. By Messrs. Adamson of Clayton and Giddens of Calhoun:
A bill to be entitled an act to provide that ad valorem taxes due on all motor vehicles for the preceding taxable year must be paid before a license tag can be issued; and for other purposes.

HB 479. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide that a plea of Nolo Contenders may be entered in all criminal cases in this state and to provide for the effect of such a plea; and for other purposes.

HB 507. By Messrs. Pittman of Bartow and Ray of Warren:
A bill to be entitled an act to amend the code section 27-901 to provide that reasonable bail shall be available to all persons held, imprisoned or detained, except as otherwise provided; and for other purposes.

HR 523. By Mr. Lewis of Hancock:
A bill to be entitled an act to provide that tax collectors and tax commissioners shall have bonds executed by a corporate surety licensed to write surety bonds in this State; and for other purposes.

THURSDAY, FEBRUARY 22, 1945

817

HB 529. By Messrs. Gilbert and Gowen of Glynn:
A bill to be entitled an act to abolish the offices of justices of the peace in Glynn county and to abolish the present city court of Brunswick and establish a new city court; and for other purposes.

H B 552. By Messrs. Wilson, Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend code section 74-9902 to provide for the commission of the offense of abandonment by a mother, and for the competency of witnesses, and for other purposes.

HB 561. By Mr. McCurdy of DeKalb:
A bill t<i be entitled an act to provide that an officer who receives a salary as compensation shall remit any sums to the county or municipality from which he receives compensaiton by virtue of the seizure and condemnation of any vehicle for violating state laws; and for other purposes.

HB 579. By Mes~rs. Etheridge; Kendrick arid Mrs. Mankin of Fulton.
A bill to be entitled an act to provide for a stenographer to be present and report proceedings before the Grand Jury in Fulton county; and for other purposes.

HB 580. By Messrs. Hatchett and Thompson of Meriwether, Mrs. Guerry of

Macon, Lam of Troup and Kenimer of Harris.



A bill to be entitled an act to repeal code section 32-1006 and substitute a new section to provide county superintendents of schools shall. be classified and certified under the provision of an act of 1937, pp. 882-885; to provide the state board of education shall fix their salaries; and for other purposes.

HB 581. By Messrs. Gammage and Jennings of Sumter:
A bill to be entitled an act to extend the corporate limits of the Ci~y of Americus, and for other purposes.

HB 584. By Mesrs. Holbrook of Foysyth, Harrison of Habersham, Dorsey of White and Manous of Cherokee:
A bill to be entitled an act to require all hatcheries, persons, firms or corporations shipping baby chicks to have same tested for pullorum; to require foreign corporations or firms shipping baby chick to register with the commission of agriculture and file a certificate showing their chicks are tested for pullorum, and for other purposes.

HB 585. By Messrs. Alexander and Brook of Carroll:

818

JOURNAL OF THE HOUSE,

A bill to be entitled an act to amend the teacher retirement act to provide a person 60 years of age and having taught 35 years and retired prior to the time the act became effective shall be deemed a member of the retirement system; and for other purposes.

HB 586. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide that Atlanta and Decatur, Fulton and DeKalb counties may build, lease or acquire joint ownership in trade and vocational schools to be located within or without the limits of such municipalities; and for other purposes.

HB 588. By Messrs. Brumby of Cobb and Fowler of Douglas:
A bill to be entitled an act to provide that teachers in the University System of Georgia that receive retirement allowances through the regents of the University shall not be disqualified from being members of the retirement system provided by the act approved March 19, 1943, known as "The Teachers Retirement System"; and for other purposes.

HB 591. By Mr. Price of Clarke:
A bill to be entitled an act to provide for the appointment by the ordinary of a conservator, under certain circumstances, for property of persons serving with the armed forces who are listed as missing or prisoners of war where no power of attorney was executed; and for other purposes.

HB 593. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend the laws creating the office of tax commissioner for Monroe County so as to fix a salary for the tax commissioner; and for other purposes.

HB 594. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick to authorize the commission to close portions of Cleborn Street, Bartow Street, Johnson Street, Lee Street and Stonewall Street, lying in what is known as the "Mitchell and Jones Tract"; to provide the city may convey to Hercules Powder Company certain property in exchange with the company for other lands; and for other purposes.

HR 47-326B. By Mr. Etheridge of Fulton:
A resolution to appropriate $5,000.00 to compensate Lamar Jamerson for injuries received while a member of the Georgia National Guard; and for other purposes.

THURSDAY, FEBRUARY 22, 1945

819

HR 80-535A. By Mr. Etheridge of Fulton:
A resolution to direct the board of regents of the University System of Georgia to pay Hal F. Hentz and the estate of Rudolph S. Adler architects fees for designing a building; and for other purposes.

HR 83-535C. 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 or any city or political subdivision wholly within Fulton county to incur new debts upon assent of two-thirds of the qualified voters; and for other purposes.

HR 83-535D. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A resolution to propose an amendment to article 8, section 4, paragraph 1 of the Constitution to authorize Fulton County to levy a tax of not less
than 5 mills nor greater than 15 mills for educational purposes; and for
other purposes.

HR 88-558A. By Mr. Barwick of Grady.
A resolution requesting the budget commiSSIOn to provide sufficient funds to match federal funds available to Georgia for old age assistance; and for other purposes.

HR 94-568~. By Messrs. Durden and Sapp of Dougherty:
A resolution to confirm the action of the Governor in suspending the tax on motor fuels used in the training of air pilots; and for other purposes.

HR 96-568D. By Mr. Etheridge of Butts:
A resolution to authorize the state librarian to furnish the clerk of the superior court of Butts county certain copies of reports of the supreme court and courts of appeals; and for other purposes.

SB 91. By Senator Millican of the 52nd:
A bill to be entitled an act to amend title 92, division 1, part 9 of the Code of Georgia of 1933, as amended; and for other purposes.

SB 168. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act creating a civil service board for Fulton county by fixing the salary of the secretary of the board; to provide all officers and employees of the police and fire department. shdl be under civil service ; and for other purposes.

820

JOURNAL OF THE HOUSE,

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

HR 101. By Mr. Durden of Dougherty:
BE iT RESOLVED by the House that the following resolution be set as a special and continuing order of business displacing all other business on the calendar, to wit: HR 22-114A.

By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their p-assage:

HB 564. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to raise the limit of tax in Waycross for school purposes from 10 to 15 mills; and for other purposes.
The report 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 569. By Mr. Harrison of Jenkins:
A bill to be entitled an act to fix the salary of the tax commissioner of 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 pass~e of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 570. By Mr. Rossee of Putnam:
A bill to be entitled an act to fix the salary of the deputy clerk of the county court to be paid by the county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 572. By Messrs. Chastain and Hart of Thomas: A bill to be entitled an act to amend the charter of the City of Thomas-

THURSDAY, FEBRUARY 22, 1945

821

ville to raise the amount of tax for school purposes from seven-tenths of one per cent to one per cent; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 573. By Messrs. Chastain and Hart of Thomas:
A bill to be entitled an act to amend the charter of the City of Thomasville to provide for zoning and planning ordinances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 574. By Messrs. Chastain and Hart of Thomas:
A bill to be entitled an act to amend the charter of the City of Thomasville to clarify the terms of office of the board of education and provide for the election of their successors; and for other purposes.
The report 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 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:

HB 101. By Messrs. Holley of Richmond and Kendrick of Fulton:
A bill to be entitled an act to authorize the commissioner of labor to promulgate rules for the prevention of accidents and occupational diseases; and for other purposes.
The following committee substitute was read and adopted:
A bill to be entitled an act to amend an act approved March 25, 1937, entitled an act to provide for the establishment of a department of labor, and for other purposes, by transferring to the commissioner of labor the duty of making rules, or changing rules, for the purpose of preventing

822

JOURNAL OF THE HOUSE,

accidents and occupational disease in employment and places of employment in this state; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1,. Section 9 of an act of the General Assembly of Georgia approved March 25, 1937 Acts of 1937, pp. 230, et seq.) is amended by striking subsection (d) in its entirety and inserting in lieu thereof another subsection, to be designated subsection (d), and to read as follows:
" (d). To make and promulgate such rules, or changes in rules, as he may reem advisable for the prevention of accidents or the prevention of industrial of occupational diseases in every employment or place of employment; and such rule, or changes in rules, for the construction, repair and maintenance of places of employment, places of public assembly, and public buildings as he may deem advisable to render them safe. The commissioner may appoint committees composed of employers, employees and experts to suggest rules or changes therein."
Section 2. Section 2. Section II of said act approved March 25th, 1937, is amended by striking therefrom the words "Industrial B.oard" wherever the same occur, and substituting in lieu thereof the words "Commissioner of Labor," so that said section section, when amended, will read as follows:
"Section II. Public Hearings on P"roposed Rules. Before any rule is adopted, amended or repealed, there shall be a public hearing thereon, notice of which shall be published at least once not less than ten days prior to such hearing in such newspaper or newspapers as the Commissioner of Labor may prescribe."
Section 3. Section 12 of said act approved March 25th, 1937, is amended by striking the word "Board" wherever the same occurs in said section and inserting in lieu thereof the words "Commissioner of Labor," so that said section, when amended, shall read as follows:
"Section 12. Effective Date of Rules; Publication. (a) The rules and all amendments and repeals thereof shall unless otherwise prescribed by the Commissioner of Labor, take effect twenty days after the first publicaion thereof and certified copies thereof shall be filed in the office of the Secretary of State.
" (b) Every rule adopted and every amendment or repeal thereof shall be pub"lished in such manner as the Commissioner of Labor may determine and the Commissioner of Labor shall deliver a copy to every person making application therefor. The Commissioner of Labor shall include the text of such rule, or amendment thereto, in an appendix to the annual report of the Department of Labor next following the adoption or amendment of such rule."
Section 4. Section 13 of said act approved March 25th, 1937, is amended by striking the words "Industrial Board" wherever they occur, and by inserting in lieu thereof the words "Commissioner of Labor"; and by striking the word "Board" wherever the same occurs and inserting in lieu thereof the word "Commissioner," so that said section, when amended, will read as follows:

THURSDAY, FEBRUARY 22, 1945

823

"Section 13. Variations. If there shall be practical difficulties or unnecessary hardships in carrying out a rule of the Commissioner of Labor, the Commissioner, after public hearing, may make a variation from such requirements if the spirit of the rue and law shall be observed. Any person affected by such rule, or his agent, may petition the Commissioner for such variation stating the grounds therefor. The Commissioner shall fix a day for the hearing on such petition and give reasonable notice thereof to the petitioner. A properly kept index of all variations shall be kept in the office of the Department of Labor and open to public inspection."
Section 5. Section 14 of said act approved March 25th, 1937, is amended
by striking the word "Board" wherever the same occurs and inserting in lieu thereof the words "Commissioner of Labor," so that said section, when amended, will read as follows:
"Section 14. Petition and Hearing. (a) Any person interest, or his authorized agent may petition the Commissioner of Labor for a review of the validity or reasonableness of any rule made under the provisions of this act.
(b) The petition shall be verified, shall be filed with the Commissioner of Labor and shall state the rule proposed to be reviewed and in what respect it is claimed to be invalid or unreasonable. The Commissioner of Labor may join in one proceeding all petitions alleging invalidity or unreasonableness of substantially similar rules. The filing of such petition shall operate to stall all proceedings under such rule until the determination of such review.
(c) The Commissioner of Labor shall order a hearing if necessary to determine the issue raised, or if the issues have been considered in a prior proceeding, the Commissioner of Labor, without hearing, may confirm his previous determination. Notice of the time and place of hearing shall be given to the petitioner to such other persons as the Commissioner of Labor may determine.
(d) If the Commissioner of Labor finds that the rule is invalid, or unreasonable, he shall revoke or amend same."
Section 6: Section 15 of the said act approved March 25th, 1937, is amended by striking therefrom the word "Board" wherever the same occurs and inserting in lieu thereof the words "Commissioner of Labor"; by striking therefrom the words "Department of Labor" wherever the same occur and inserting in lieu thereof the words "Commissioner of Labor," so that said section, when amended, will read as follows:
"Section 15. Review of Rules. (a) Any employer, owner, or other person in interest being dissatisfied with any rule of the Commissioner of Labor may commence an action in the Superior Court of the county wherein such employer, owner, or other person in interest resides, or has his pricipal place of business, against the Commissioner of Labor as defendant to enjoin and set aside any such rule on the ground that the rule is unlawful, or that such rule is unreasonable, in which action the defendant shall be served with a copy of the complaint. Service of the complaint may be made by serving a copy of a second original by the sheriff, or any deputy sheriff of any county wherein the Commissioner of Labor may be found."

824

JOURNAL OF THE HOUSE,

Be it enacted by the authority aforesaid 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, 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, hy substitute.

HB 198. By Mr. Greene of Crisp:
A bill to be entitled an act to appropriate funds to pay Corporal R. D. Brown and wife for injuries sustained in a collision with a car of the Department of Public Safety; and for other purposes.
The bill involving an appropriation, the House was resolved into a committee of the whole House for consideration of HB 198 with instructions that the bill would not be read in its entirety in the committee of the whole House, and the speaker designated Mr. Connerat of Chatham as chairman thereof.
The committee of the whole House arose and through its chairman reported HB 198 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.

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

Those voting in the affimative were:

Adamson Alexander of Carroll Alexander of. Chatham Almand Arnall of Coweta Arnold of Spalding Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Rrooke

Broome Brumby Brunson Campbell Cates Chance Chastain Cheshire Claxton Connerat Cowart Crowley Dallis DeFoor Dorsey of Cobb Dupree Durden Ennis, Marion

Etheridge of Butts Evitt Fortson Freeman Gammage Garrison Gavin Gibson Giddens Glisson Gowen Greene Greer Griswell Guerry Guyton Harden Hardy of Jackson

THURSDAY, FEBRUARY 22, 1945

825

Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Hollis Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Kelley Kendrick Kenimer Kennon Key Lancaster Lewis Livingston Looper

Lovett Maund McCracken McCurdy Mallard Mankin Mann of Henry Mason Massey Miller Moore Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Oakley O'Shea! Overby Parham Parks Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ray Ritchie

Those voting in the negative were:

Cheek Williams of Toombs

Culpepper

Those not voting were:

Ansley Baker Banks Burch Callaway Connell Crow Dorsey of White Dykes Ennis, J. H. Etheridge of Fulton

Fowler
Gary Gaskins Gilbert Hall Hampton Hand Hardy of Hall Herrin Hicks Holley

Roughton Rowland Sapp Seagraves Sears Shields Sills Smiley Smith of Bryan Smith of Oglethorpe Strickland of Upson Swint Thompson Thornton Thrash Twitty Underwood Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Jones Williams of Ware Willoughby Wilson Witherington Young
Williams of Coffee
Holloway Johns Kent King Knabb Lam Lane Littlejohn McNall Malone Mann of Rockdale

826

JOURNAL OF THE HOUSE,

Manous Matthews of Paulding Matthews of Peach Medders Mar rison Nicholson Mitcrell Oden Odom

Oliver Pannell Pennington Pettit Ramey Riddlespurger Rossee Seagler Sheffield

Smith of Emanuel Sparks Strickland of Pike Sumner Trotter Williams of Appling Williams of Gwinnett Willis Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 140, the nays 4. The bill having received the requisite constitutional majority was passed.

SB 44. By Senator Harrell of the 7th; and others:
A bill to be entitled an act to amend code section 22-1504 by providing that foreign corporations may own minieral rights, minerals, oil or gas on or tinder more than 5,000 acres of land without incorporating under the Georgia law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0. The bill having received th~ requisite constitutional majority was passed.
Mr. Lovett of Laurens asked unanimous consent that the following resolution of the House be withdrawn from further consideration by the House:

HR 22-114A. By Messrs. Jennings of Sumpter, Lovett of Laurens, Pennington of Wilkerson, Chance of Twiggs, Rowland of Johnson, Dupree of P'ulaski, Alexander of Carroll, Gammage of Sumter, Lewis of Hancock, Williams Jones, Hall of Treutlen, Roughton of Washington, Adams of Wheeler, Hinson of Jeff Davis, Overby of Stewart, Marrison of Montgomery, Black of Webster, Eears of Atkinson, Herrin of Echols, Medders of Bacon, O'Sheals of Worth, Strickland of Pike, Dallis of Troup, Twitty of Mitchell, Sumner of Worth, Hooks of Emanuel, Jackson of Washington, Moye of Randolph, DeFoor of Mcintosh, Battles of Decatur, Gary of Quitman, Greene of Crisp, Ansley of Lee, Jennings of Terrell, Gavin of Clay, Hefner of Pickens, Malone of Laurens, Brunson and Mallard of Bulloch, and Whaley of Telfair.
A resolution proposing a new section to the Constitution providing "The right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union, or labor organization"; and for other purposes.

THURSDAY, FEBRUARY 22, 1945

827

By unanimous consent the request was granted and HR 22-ll4A was withdrawn from further consideration by the House.
Mr. Lovett of Laurens arose on the point of personal privilege and addressed the House.
Under the special 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:

HB 524. By Mr. Harrison of Jenkins:
A bill to be entitled an act to provide a method for calling an election in counties that have legalized liquor for the purpose of voting to stop the sale in such
counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 9.
The bill having received the requisite constitutional majority was passed.

HB 525. By Mr. Harrison of Jenkins:
A bill to be entitled an act to prevent the sale of wine or beer within 100 feet of any school building in this state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 2.
The bill having received the requisite constitutional majority was passed.

SB 73. By Senator Gross of the 31st; and others:
A bill to be entitled an act to provide for the appointment of fertilizer inspectors and that the tenure in office shall be at the discretion of the commissioner of agriculture; and for other purposes.
The following amendment was read and adopted:
Mr. Twitty moves to amend SB 73 by adding the following at the end of said bill, to wit:
"Provided however that the Commissioner shall not obligate the State of Georgia for any sums beyond the annual appropriations for his department, and provided further that no inspector shall be appointed for any term beyond the term of the Commissioner who appointed him."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

828

JOURNAL OF THE HOUSE,

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.

The following resolution of the House was taken up for the purpose of considering the report of the committee on conference, and Senate amendments thereto:

HR 11-19C. By Messrs. Harris of Richmond, Durden of Dougherty, Culpepper of Fayette, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson and Arnold of Spalding:
A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes.

The following report of the committee on conference was read:
Mr. President and Mr. Speaker:
Your committee on conference on HR 11-19C have agreed as follows, to wit:
( 1) That the House agree to the Senate amendment numbered 1, striking Paragraph III of Section III of Article I.
(2) That the Senate recede from its position on the Senate amendment numbered 2, amending Paragraph I of Section V of Article II, and that the House recede from its position and that a new Paragraph I of Section V of Article II be inserted to read as follows, to wit:
"Paragraph I. The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in the area in which such election is held and prescribe punishment for any violation of the same."
(3) That the Senate recede from its position on the Senate amendment numbered 3, re-writing Paragraph VI of Section IV of Article III and that the said amendment be rejected.
(4) That the House recede from its position on amendment numbered 4, and that the Senate amendment numbered 4 to Paragraph II of Section V of Article III be be adopted.
(S) That the House recede from its position on the Senate amendment numbered S to Paragraph XIII of Section VII of Article III and that the Senate amendment be adopted.
(Sa) That the Senate and House both recede from their positions on the Senate amendment numbered Sa and that the first sentence on Paragraph XV of Section VII of Article III be stricken and the following sentence in lieu thereof, to wit:
"No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriff's advertise-

THURSDAY, FEBRUARY 22, 1945

829

ments for the locality affected are published, once a week: for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly."
(6) That the House recede from its position on the Senate amendment numbered 6 to Paragraph I of Sec.tion VIII of Article III and that the Senate amendment be adopted.
(7 )That the House recede from its position on the Senate amendment numbered 7 to Paragraph I of Section IX of Article III and that the Senate amendment be adopted.
(8) That the House recede from its position on the Senate amendment numbered 8 to Paragraph I of Article III and that the Senate amendment be adopted.
(9) That the House recede from its position to the Senate amendment numbered 9 to Paragraph I of Section I of Article IV and that the Senate amendment be adopted.
( 10) That the Senate recede from its position on the Senate amendment numbered 10 to Paragraph III of Section IV of Article IV and that said amendment be rejected.
( 11) That the Senate recede from its position on the Senate amendment numbered 11 and that the said amendment be rejected.
( 12) That the House recede from its position on the Senate amendment 12 to Paragraph III of Section I of Article V and that the said amendment be rejected.
( 13) That the House recede from its position on the Senate amendment numbered 13 to Paragraph IV of Section I of Article V and that the said amendment be adopted.
( 14) That the House recede from its position on the Senate amendment numbered 14 to Paragraph VII of Section I of Article V and that the said amendment be adopted.
(15) That the House recede from its position on the Senate amendment numbered 15 to Paragraph VIII of Section I of Article V and that the said amendment be adopted.
(16) That the Senate recede from its position on the Senate amendment numbered 16 to Paragraph X of Section I of Article V and that the said amendment be rejected.
( 17) That the Senate recede from its position on the Senate amendment numbered 17 to Paragraph XV of Section I of Article V and that the said amendment be rejected.
( 18) That the House recede from its position on the Senate amendment numbered 18 to Paragraph V of Section II of Article V and that the said amendment be adopted.
(19) That the Senate recede from its position on the Senate amendment numbered 19 striking Section IV of Article V in its entirety and that the said amendment be rejected.

830

JOURNAL OF THE HOUSE,

(20) That the Senate recede from its position on the Senate amendment numbered 20 to Paragraph I of Section V of Article V and that the said amendment be rejected.
(21) That the House recede from its position on the Senate amendment numbered 21 to Paragraph I of Section VI of Article V and that the said amendment be adopted.
(22) That the Senate recede from its position on the Senate amendment numbered 22 adding a new section to Article V and that the said amendment be rejected.
(23) That the Senate recede from its position on the Senate amendment numbered 23 and that the said amendment be rejected.
(24) That the House recede from its position on the Senate amendment numbered 24 to Paragraph IV of Section II of Article VI and that the said amendment be adopted.
(25) That the House recede from its position on the Senate amendment numbered 25 to Paragraph VIII of Section II of Article VI and that the said amendment be adopted.
(25a) That the Senate recede from its position on the Senate amendment numbered 25a to Paragraph VIII of Section IV of Article VI and that the said amendment be rejected.
(26) That the Senate recede from its position on the Senate amendment numbered 26 amending P'aragraph II of Section VI of Article VI and that the said amendment be rejected.
(27) That the Senate recede from its position on the Senate amendment numbered 27 to Paragraph I of Section X of Article VI and the said amendment be rejected.
(28) That the House recede from its position on the Senate amendment numbered 28 to Paragraph I of Section XII of Article VI and that the said amendment be adopted.
(29) That the House recede from its position on the Senate amendment numbered 29 to Paragraph I of Section XII of Article VI and that the said amendment be adopted.
(30) That the House recede from its position on the Senate amendment numbered 30 to Paragraph II of Seeton XII of Article VI and that the said amendment be adopted.
( 31) That the Senate recede from its position on the Senate amendment numbered 31 to Paragraph II of Section XVI of Article VI and that the said amendment be rejected.
(32) That the Senate recede from its position on Senate amendment numbered 32 to Paragraph IV of Section I ofArticle VII and that the said amendment be rejected.
(33) That the Senate recede from its position on the Senate amendment num-

THURSDAY, FEBRUARY 22, 1945

831

bered 33 to Paragraph IV of Section I of Article VII and that said amendment be rejected.
(34) That the House and Senate both recede from their positions on the Senate amendment numbered 34 and that Paragraph IV of Section I of Article VII be and the same is hereby amended by striking from the third numbered paragraph of said Paragraph IV the first sentence in its entirety and inserting in lieu thereof the following language, to wit:
"The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, county and school purposes, except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house own a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract."
(35) That the Senate recede from its position on the Senate amendment numbered 35 to Section 1 of Article VII and that the said amendment be rejected.
(36) That the Senate recede from its position on the Senate amendment numbered 36 inserting a new P'aragraph V in Section II of Article VII and that the said amendment be rejected.
(37) That the Senate recede from its position on the Senate amendment numbered 37 to Paragraph I of Section IV of Article VII and that the said amendment be rejected.
(38) That the Senate recede from its position on the Senate amendment numbered 38 to Paragraph I of Section IV of Article VII and that the said amendment be rejected.
(39) That the House recede from its position on the Senate amendment numbered 39 to Paragraph I of Section V of Article VII and that the said amendment be adopted.
(40) That the House recede from its position on the Senate amendment numbered 40 to Paragraph I of Section VII of Article .VIII and that the said amendment be adopted.
(41) That the House recede from its position on the Senate amendment numbered 41 to Paragraph V of Section VII of Article VII and that the said amendment be adopted.
(42) That the House and Senate both recede from their positions on the Senate amendment numbered 42 to Paragraph V of Section VII of Article VII, that the same be rejected and that the following be added at the end of Paragraph V of Section VII of Article VII as amended, to wit:
"Provided that after an election has been held as set forth above, municipalities and counties shall be permitted to purchase and operate such electric or gas utility plants with revenue certificates, but shall confine their services within the confines

832

JOURNAL OF THE HOUSE,

of the county and shall not extend their services beyond said limits, without being subject to taxation and regulations as are privately owned and operated utilities."
(43) That the House recede from its position on the Senate amendment numbered 43 to Paragraph I of Section X of Article VII and that the said amendment be adopted.
(44) That the Senate recede from its position on the Senate amendment numbered 44 to Paragraph I of Section V of Article VIII and that the said amendment be rejected.
(45) That the House and Senate both recede from their positions on Senate amendment numbered 45, that said amendment be rejected and that the following be substituted. Paragraph I of Section VII of Article VIII is hereby stricken in its entirety and the following Paragraph I is hereby insterted in lieu thereof, to wit:
"Paragraph I. INDEPENDENT SYSTEMS CONTINUED, NEW SYSTEMS PROHIBITED. Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established."
(46) That the Senate recede from its position on Senate amendment numbered 46 to Paragraph I of Section X of Article VIII and that the said amendment be rejected.
(46a) That the Senate recede from its position on the Senate amendment numbered 46a to Paragraph I of Section I of Article XIII and that the said amendment be rejected.
(47) That the House recede from its position on the Senate amendment numbered 47 to Paragraph II of Section I of Article XIV and tha tthe said amendment be adopted.
(48) That the House and Senate both recede from their positions on the Senate amendment numbered 48, that the same be rejected and that Paragraph I of Section I of Article XV be stricken in its entirety and tha tthe following be inserted in lieu thereof:
"Paragraph I. The General Assembly shall provide for uniform systems of county and municipal government, and provide for optional plans of both, and shall provide for systems of initiative, referendum and recall in some of the plans for both county and municipal governments. The General Assembly shall provide a method by which a county or municipality may select one of the optional uniform systems or plans or reject any or all proposed systems or plans."
(49) That the House recede from its position on the Senate amendment numbered 49 to Section II of the Resolution and that the said amendment be adopted.
This February 22, 1945.
Respectfully submitted,
Senators: Harrell of 7th,

THURSDAY, FEBRUARY 22, 1945

833

Freeman of 22nd, Edwards of 28th,
Conferees on the Part of the Senate.
Messrs.: Culpepper of Fayette, Gowen of Glynn, Durden of Dougherty, Conferees on the Part of the House.

Mr. Durden of Dougherty moved that the House recess until 2:00 o'clock P. M., and the motion prevailed.
The speaker announced the House recessed until 2:00 o'clock P. M.

2:00 o'clock P. M.

The speaker pro-tem. called the House to order.

The House took up further consideration of HR 11-19C.

Mr. Harris of Richmond moved that the House disagree to the report of the Committee on Conference, the motion prevailed and the report of the Committee on Conference was disagreed to.

Under the ruling of the speaker the following Senate amendments to HR 11-19C were read and considered separately:

Senate Amendment No. 1:

Senator McGinty of the 43rd moves to strike Paragraph 3 of Section 3, Article 1.

On agreeing to Senate amendment 1, a roll call was ordered and the vote was as follows:

Tho-se voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Ansley Arnall of Coweta Arnold of Spalding Baker Bargeron Barrett Barwick Battles

Beddingfield Black Bloodworth of Bibb Boynton Britton Brooke Broome Brumby Brunson Burch

Campbell Chance Chastain Cheek Cheshire Claxton Connerat Crowley Culpepper Dallis

834

JOURNAL OF THE HOUSE,

DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Freeman Gammage Garrison Gary Giddens Gowen Greene Greer Griswell Guerry Guyton Hand Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Harrison of Wayne Hatchett Hefner Herndon Herrin Hill Hinson of Jeff Davis Hogg Holleman Holley Hollis Holloway Hubert

Jackson Jennings of Sumter Jennings of Terrell Kendrick Kennon Key Knabb Lam Lancaster Lane Littlejohn Livingston Looper Lovett Maund McCracken McCurdy Mallard Malone Mankin ~1ann of Rockdale Macon Massey Matthews of Paulding Matthews of Peach Medders Mitchell Moye of Brooks :Vloye of Randolph Mullinax Murphy Oakley Oliver O'Sheal Overby Parham Farks Pannell Pennington Pettit

Those not voting were:

Adams Adamson Almand Banks Blood\\orth of Houston

Brock Callaway Cates Connell Cowart

Phillips Pittman of Bartow Pittman of Tift Powell Ramey Ray Ritchie Rossee Roughton Rowland Sapp Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Sparks Strickland of Upson Sumner Swint Thompson Thornton Twitty Underwood Watford Wells of Ben Hill Wells of Lincoln Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young
Crow Ennis, J. H. Fowler Gaskins Gavin

THURSDAY, FEBRUARY 22, 1945

835

G:!>son Gilbert Glisson Hall Hampton Hardy of Jackson Hart Hicks Hinson of Ware Holbrook Hooks Hurst Johns Kelley

Kenimer Kent King Lewis McNall Mann of Henry Manous Moore Morrison Mosley Nicholson Oden Odom

Porter Price Riddlespurger Seagler Smith of Oglethorpe Strickland of Pike Thrash Trotter Weaver Whaley Williams of Appling Williams of Gwinnett Mr. Speaker

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

On agreeing to Senate Amendment 1, the ayes were 149, the anys 0, and the Senate amendment was agreed to.

Senate Amendment No. 2:
Senator Millican of the 52nd District, McGinty, 43rd District, and Freeman,
22nd District, moves to amend Article 2, Paragraph 1 of Section 5 by striking same in
its entirety and inserting a new Section 5, Paragraph 1, and reading as follows:
"The General Assembly shall by law forbid the sale or distribution of intoxicating drinks in this state on all days for holding general, special or other electionsState, County or Municipal, and prescribe punishment for any violations of the same."
By unanimous consent, Senate amendment 2 was disagreed to.

Senate Amendment 3:
Senator Millican of the 52nd District, moves to amend Article 3, Section 4, Paragraph 6 by striking same in its entirety and inserting in lieu thereof the following:
Paragraph 6. No person holding a military commiSSIOn or other appointment, or office, having any emolument, or compensation annexted thereto, under this State
or the United States or either of them, except Justices of the Peace ond officers of the militia, nor any defaulter for public money, or for any legal taxes required of him, shall have a seat in either house; nor shall any Senator or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice or consent of the Senate, to any officer or appointment having any emolument annexed thereto, during the time for which he shall have been elected.
By unanimous consent, Senate amendment 3 was disagreed to.

836

JOURNAL OF THE HOUSE,

Senate Amendment 4:
Senators Freeman of the 22nd District; Edenfield, 2nd District; Minchew, 5th; and others, move to amend Paragraph II of Section V of Article III by striking said paragraph in its entirety and substituting in lieu thereof the following paragraph II:
"Paragraph II. The presiding officer of the Senate shall be the Lieutenant Governor, who shall be elected at the same time, in the same manner and for the same term as the Governor. In event of a vacancy in the office of Governor, the Lieutenant Governor shall fill the unexpired term. The salary of the Lieutenant Governor shall be $4,000.00 per annum. The Lieutenant Governor shall exercise the executive powers in the absence of the Governor from the State, when authorized by the Governor. The qualifications of the Lieutenant Governor shall be those provided for the Governor. The President of the Senate in office at the time of the adoption of this Constitution shall serve as Lieutenant Governor until his successor is elected and qualified."
By unanimous consent, Senate amendment 4 was disagreed to.
Senate Amendment No. 5:
Senator Harrell of the 7th moves to amend paragraph XIII of Section VII of Article III by striking therefrom the words "P'resident of the Senate" and substituting in lieu thereof the words "Presiding Officer of the Senate."
By unanimous consent Senate amendment No. 5 was disagreed to.

Senate Amendment No. 5A:
Senator Causey of the 46th and Senator Edwards of the 28th move to amend Paragraph XV, Section VII, Article III by striking the first sentence of said paragraph and inserting in lieu thereof the following:
"No local or special bill shall be passed, unless notice of the intention to apply therefore shall have been published in the newspaper in which the sheriff's advertisements for the locality affected are published, for three successive weeks Immediately preceding the introduction of said bill into the General Assembly."
By unanimous consent, Senate amendment No. 5A was disagreed to.

Senate Amendment No. 6:
Senator Harrell of the 7th moves to amend Paragraph I of Article III, Section VIII, by striking Paragraph I in its entirety and substituting in lieu thereof the following Paragraph I: "Paragraph I. The officers of the two Houses, other than the lieutenant governor and speaker, shall be a president pro tern and secretary of the Senate, and speaker pro tern and clerk of the House of Representatives, and such other assistants as may be provided for."
By unanimous consent, Senate amendment No. 6 was disagreed to.

THURSDAY, FEBRUARY 22, 1945

837

Senate Amendment No. 7:
Senator Harrell of the 7th moves to amend Paragraph I of Section IX of Article III by striking out the words "President of the Senate" and substituting in lieu thereof the words "The President P'ro Tem of the Senate, when serving as presiding officer thereof."
By unanimous consent, Senate amendment No. 7 was disagreed to.

Senate Amendment No. 8:
Senator Harrell of the 7th moves to amend Paragraph I of Section X of Article III by striking the words "President of the Senate" and inserting in lieu thereof the words "The Lieutenant Governor."
By unanimous consent, Senate amendment No. 8 was disagreed to.

Senate Amendment No. 9:
Senator Harrell of the 7th moves to amend Paragraph I of Section I of Article IV by striking the period at the end thereof and substituting a semi-colon and by adding after the semi-colon the following language:
"except as provided in this Constitution."
On agreeing to Senate amendment No. 9 a roll call was ordered and the vote was as follows :

Those voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Ansley Arnall of Coweta Arnold of Spalding Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Britton Brooke Broome Brumby Brunson Burch Campbell Chance Chastain

Cheek Cheshire Conner at Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Freeman Gammage Garrison Gary

Giddens Gowen Greene Greer Guerry Guyton Hand Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Harrison of Wayne Hatchett Hefner Herrin Hinson of Jeff Davis Hogg Holleman Holley Holloway Hubert

838

JOURNAL OF THE HOUSE,

Jackson Jennings of Terrell Kelley Kennon Key Lam Lancaster Lane Livingston Lovett Maund McCracken McCurdy Mallard Mann of Rockdale Mason Massey Matthews of Paulding Matthews of Peach Medders Mitchell Moye of Brooks

Moye of Randolph Mullinax O'Shea! Overby Parham Pannell Pettit Phillips Pittman of Bartow Ramey Ray Riddlespurger Ritchie Rossee Roughton Rowland Sapp Seagraves Sears Sheffield Shields Smiley

Those not voting were:

Adams Adamson Almand Baker Banks Bloodworth of Houston Boynton Brock Callaway Cates Claxton Connell Cowart Crow Ennis, J. H. Fowler Gaskins Gavin Gibson Gilbert Glisson Griswell Hall

Hampton Hardy of Jackson Hart Herndon Hicks Hill Hinson of Ware Holbrook Hollis Hooks Hurst Jennings of Sumter Johns Kendrick Kenimer Kent King Knabb Lewis Littlejohn Looper McNall Malone

Smith of Brvan Smith of Emanuel Sparks Strickland of Upson Sumner Thompson Thornton Twitty Underwood Watford Weaver Wells of Lincoln Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willoughby Wilson Witherington Young
Mankin l\llann of Henry Manous :Miller Moore Morrison Mosley Murphy Nicholson Oakley Oden Odom Oliver Parks Pennington Pittman of Tift Porter Powell Price Seagler Sills Smith of Oglethorpe Strickland of Pike

THURSDAY, FEBRUARY 22, 1945

839

Swint Thrash Trotter

Wells of Ben Hill Whaley Williams of Appling

Williams of Gwinnett Willis Mr. Speaker

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

On agreeing to Senate amendment No .9 the ayes were 127, the nays 0. The Senate amendment having failed to receive the necessary two-thirds constitutional majority was therefore disagreed to.

The following resolution of the House was read and adopted:

HR 104. By Messrs. Williams of Toombs, Harrison of Jenkins, Hand of Mitchell, Smith of Emanuel, Mitchell of Monroe, and Kelley of Walker:
A resolution expressing appreciation from the General Assembly to Hon. Pat McCutchen, Jr., and Hon. Harry Maugans for their entertainment of February 21st, 1945.

Mr. Culpepper of Fayette moved that the House adjourn until tomorrow morning at 9:00 o'clock and the motion prevailed.

Leaves of absence were granted to Messrs. Mullinax of Gilmer and Mosley of Early.

The speaker announced the House adjourned until tomorrow morning at 9:00 o'clock and HR ll-19C was carried over to Friday, February 23rd, as unfinished business.

840

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Friday, February 23, 1945.

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 scripture reading and prayer by the chaplain.

By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa, 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. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills. By unanimous consent, the following bills and resolutions of the House were introduced, read for the first time, and referred to the committees:

HB 599. By Mr. Campbell of Newton:
A bill to be entitled an act to require posting of notice on the courthouse for ten days of any application of a felony prisoner before granting a parole or pardon by the board of pardons and paroles; to provide no pardon or parole may be granted without first having the written consent of the judge and solicitor general of the superior court from which the prisoner was sentenced; and for other purposes.
Referred to the Committee on State of Republic.

HB 600. By Mr. Malone of Lawrence:
A bill to be entitled an act to amend the charter of the City of Dublin to provide for the levy of a tax of 10 mills for school purposes and not exceeding 8% mills for general government; and for other purposes.
Referred to the Committee on Counties and County Matters.

FRIDAY, FEBRUARY 23, 1945

841

HB 601. By Mr. Culpepper of Fayette:
A bill to be entitled an act to provide for the admission and maintenance of widows of Confederate veterans at the Confederate soldiers' home; to provide maintenance at said home to be in lieu of pensions; and for other purposes.
Referred to the Committee on Pensions.

HB 602. By Mr. Sills of Candler:
A bill to be entitled an act to amend an act providing compensation for the sheriff of Candler county; and for other purposes.

HR 107-601A. By Mr. Maund of Talbot:
A resolution requesting the Governor, the state school superintendent and the state board of education to suspend the rigid enforcement of the numerical attendance requisite for accrediting of grammar schools until more normal conditions return; and for other purposes.
Referred to the Committee on Education No. 2.

HR 108-601B. By Mr. Gowen of Glynn:
A resolution to appropriate $2500.00 to pay Paul M. Strickland for injuries incurred while in line of duty as a member of the Georgia National Guard; and for other purposes.
Referred to the Committee on Special Appropriations.

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 House and have instructed me as Chairman to report the same back to the House with the following recommendation:

HB 473. Do Pass.

Respectfully submitted,

Adams of Wheeler, Chairman.

Mr. Bloodworth of Bibb 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:

842

JOURNAL OF THE HOUSE,

SB 193. Do Pass.

Respectfully submitted,
Bloodworth of Bibb, Chairman.

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

HR 106-598A. Do Pass.

HR 105-598B. Do Pass.

Respectfully submitted,

Key of Jasper, 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 have instructed me as Chairman to report the same back to the House with the following recommendations:
H B 592. Do Pass.
HB- 23. Do Not Pass.
HB 575. Do Pass.
HB 519. Do Not Pass. Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Pannell of Murray county, Chairma~ of the Committee on Special Judicillry, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the following recommendation:

HB 547. Do Pass.

Respectfully submitted,
Pannell of Murray, Chairman.

FRIDAY, FEBRUARY 23, 1945

843

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 597. Do Pass.

HB 598. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

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

HB 473. By Messrs. Thompson of Meriwether, Matthews of Peach, Littlejohn of Floyd, Crowley of McDuffie, King of Richmond, Hubert of DeKalb, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to provide that any stop signs erected at intersections of roads by the state highway department shall be legal signs; and for other purposes.

HB 547. By Mr. Gary of Quitman:
A biU to be entitled an act to abolish the county court of Quitman county; and for other purposes.

HB 575. By Messrs. Harris of Richmond and Durden of Dougherty:
A bill to be entitled an act to create a merit system to regulate employment in the classified service of the State of Georgia; to create a state personal department and establish a state personal board; and for other purposes.

HB 592. By Messrs. McCurdy, Hubert and Broome of DeKalb, Etheridge, Kendrick and Mrs. Mankin of Fulton, and Mann of Rockdale:
A bill to be entitled an act to create the Stone Mountain Confederate Memorial Authority; to authorize the authority to construct and operate selfliquidating projects by carving a memorial on Stone Mountain and operate parts, recreational grounds, pleasure, housing, amusement and other projects; authorize the issuance of revenue bonds; providing for condemnation; and for other purposes.

HR 105-598B. By Messrs. Cheshire and Riddlespurger of Colquitt:

844

JOURNAL OF THE HOUSE,

A resolution proposing that certain described property which was conveyed to the State of Georgia by Colquitt county now be re-conveyed by the State of Georgia to Colquitt county; and for other purposes.

HR 106-598A. By Messrs. Cheshire and Riddlespurger of Colquitt:
A resolution proposing that the State of Georgia re-convey certain property in Colquitt county to the Georgia Northern Railway Company.

SB 194. By Senator Minchew of the 5th:
A bill to be entitled an act to amend the charter of the Town of Willacoochee to change the time of electing the mayor and councilmen; and for other purposes.

HB 597. By Mr. McCracken of Jefferson:
A bill to be entitled an act to amend the act creating a city court of Louisville by providing for the trial of civil and criminal cases before the judge without a jury; and for other purposes.

HB 598. By Mr. Giddens of Calhoun:
A bill to be entitled an act to provide a salary to the sheriff of Calhoun county in addition to fees; and for other purposes.

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

HR 62. By Mr. Young of Muscogee:
A resolution memorializing the legislature of Tennessee for liberalizing the statutes prescribing the size and weight limitations of motor vehicles.

J-1 R 38. By Messrs. Battles and Miller of Decatur:
A resolution extending sympathy of the General Assembly to the family of Honorable Gordon Bowers, former member of the GeFneral Assembly, on his death.

HR 44. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A resolution nominating Sidney Lanier to the Hall of Fameof New York University.

FRIDAY, FEBRUARY 23, 1945

R45

HR 63. By Mr. Williams of Ware and others:
A resolution that the General Assembly express their deepest sympathy to the bereaved loved ones of Lt. David Atkinson, Jr., killed in action in the Philippines.

Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills
and resolution of the Senate and House to wit:
SR 33. By Senator Smith of the 24th: A resolution by the Senate, the House concurring, that the state revenue commissioner be authorized and directed to sell contraband articles which law requires him to seize; and for other purposes.
HB 88. By Messrs. Holleman, Shields and Young, Jr., of Muscogee: A bill to be entitled an act to increase the salary of the soliictor general of the Chattahoochee circuit; and for other purposes.
HB 89. By Mr. Holleman of Muscogee: A bill to be entitled an act to amend the code of Georgia 1911, so as to provide that judges of superior courts in certain counties may appoint a secretary in lieu of a bailiff; and for other purposes.
HB 136. By Messrs. Hubert, Broome and McCurdy of DeKalb: A bill to be entitled an act to amend the code of Georgia of 1933 so as to provide that coroners in certain counties shall receive a salary in lieu of fees; and for other purposes.
HB 167. By Messrs. Lane and Livingston of Polk: A bill to be entitled an act requiring all applicants for divorce in certain counties to deposit the sum of ten dollars before filing petition; and for other purposes.
HB 194. By Mr. Oden of Pierce: A bill to be entitled an act authorizing certain counties to pay the sheriff of said county the sum of one hundred dollars per month in addition to fees; and for other purposes.
HB 195. By Messrs. Strickland and Freeman of Upson. A bill to be entitled an act increasing the fees of coroners in certain counties, and for other purposes:

846

JOURNAL OF THE HOUSE,

HB 202. By Mr. Ennis of Baldwin:
A bill to be entitled an act providing for four terms each year of the Baldwin superior court; and for other purposes.

HB 205. By Mr. Greer of Lanier:
A bill to be entitled an act amending an act so as to provide four terms each year of Lanier superior court; and for other purposes.

HB 244. By Mr. Hefner of Pickens:
A bill to be entitled an act authorizing certain counties to pay county officials fifty dollars per month in addition to fees; and for other purposes.

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

SB 214. By Senators Bennett of the 17th, Stone of the 15th, and Gillis of the 16th:
A bill to be entitled an act amending an act incorporating the City of Sylvania to create a new charter and municipal government for said city; and for other purposes.

SB 216. By Senator Millican of the 52nd:
A bill to be entitled an act to establish a parks and recreation commission in Fulton county; and for other purposes.

SB 215. By Senator Bennett of the 17th:
A bill to be entitled an act establishing a system of public schools for the Sylvania school district, defining the bourtdaries; and for other purposes.

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

HB 246. By Mr. Seagraves of Madison:
A bill to be entitled an act providing for four terms of the superior court of Madison county; and for other purposes.

H B 273. By Messrs. Gowen and Gilbert of Glynn and others: A bill to be entitled an act to apportion the salary of the judge of the

FRIDAY, FEBRUARY 23, 1945

847

Brunswick judicial circuit among the several counties of said circuit; and for other purposes.

HB 336. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide for a system of pensions for the employees of the board of health of Richmond county; and for other purposes.

HB 337. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act establishing a budget system for the board of education of Richmond county,. and for other purposes.

HB 346. By Messrs. Gammage and Jennings of Sumter:
A bill to be entitled an act to require candidates in primary elections for the General Assembly to specify the particular incumbent which they desire to oppose or succeed; and for other purposes.

HB 435. By Mr. Porter of Gordon:
A bill to be entitled an act abolishing the office of tax collector and office of tax receiver and creating in lieu thereof the office of tax commissioner of Gordon county; and for other purposes.

H B 449. By Messrs. Holleman, Shields and Young of M uscogee:
A bill to be entitled an act authorizing the board of trustees of public schools of Columbus to sell certain properties under their control; and for other purposes.

HB 452. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act amending the charter of the City of Brunswick so as to close certain streets; and for other purposes.

HB 454. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act providing that the minimum salaries and wages of the members of the fire department of the City of Augusta shall not be less than those fixed on July 1st, 1944; and for other purposes.

HB 456. By Messrs. Broome, Hubert and McCurdy of DeKalb:
A bill to be entitled an act amending an act establishing a new charter of the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

848

JOURNAL OF THE HOUSE,

HB 457. By Messrs. Broome, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend an act establishing a new charter of the City of Decatur; and for other purposes.

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

HB 463. By Mr. Almand of Walton:
A bill to be entitled an act amending the charter of the City of Monroe so as to provide for the establishment of a municipal freezer locker plant; and for other purposes.
HB 466. By Messrs. Brock and Alexander of Carroll:
A bill to be entitled an act establishing a new charter for the City of Carrollton so as to provide for the election and qualification of the mayor; and for other purposes.

HB 506. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to fix the salary of the county officers of Richmond county; and for other purposes.
HB 467. By Messrs. Brock and Alexander of Carroll:
A bill to be entitled an act authorizing the commissioners of roads and revenues of Carroll county to furnish gas, oil and repairs for the sheriff's car in said county; and for other purposes.

HB 503. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act fixing the salary of the judge of the municipal court of the City of Augusta; and for other purposes.

HB 469. By Mr. Willoughby of Clinch:
A bill to be entitled an act amending an act creating a board of commissioners of roads and revenues in Clinch county so as to provide that the members shall receive an increase in pay; and for other purposes.

HB 475. By Mr. Giddens of Calhoun:
A bill to be entitled an act amending an act increasing the number of commissioners of roads and revenues for the County of Calhoun to provide that they shall be elected by popular vote; and for other purposes.

FRIDAY, FEBRUARY 23, 1945

849

HB 476. By Messrs. Weaver, Bloodworth 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 sale of certain land; and for other purposes.

HB 482. By Mr. Adamson of Clayton:
A bill to be entitled an act amending an act creating a tax commissioner of Clayton county; and for other purposes.

HB 483. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act fixing the compensation of the members of the board of commissioners of roads and revenues of Spalding county; and for other purposes.

HB 485. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act amending an act creating a commissiOner of roads and revenues of Cobb county; and for other purposes.

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

HB 487. By Mr. Williams of Toombs:
A bill to be entitled an act repealing an act establishing the city court of Lyons; and for other purposes.

HB 501. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus so as to provide that the toard of education may establish and maintain junior colleges in said city; and for other purposes.

Mr. Speaker:
The Senate has agreed to the House amendments to the following bills of the Senate to wit:

SB 10. By Senator Harrell of the 7th and others:
A bill to be entitled an act to provide for the holding of bar examinations in this state; and for other purposes.

SB 12. By Senator Harrell of the 7th and others:

850

JOURNAL OF THE HOUSE,

A bill to be entitled an act creating a judicial council for the State of Georgia; and for other purposes.

Mr. Speaker:
The Senate has agreed to the House amendment to the following resolution of the Senate to wit:

SR 17. By Senators Norton of the 33rd and Wellborn of the 40th:
A resolution providing for a committee from the General Assembly to investigate the conditions of the tuberculosis sanatorium at Alto; and for other purposes.

Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate to wit:

SB 35. By Senator Mavity of the 44th:
A bill to be entitled an act to authorize certain officials of certain counties to levy an annual tax of not more than one mill; and for other purposes.

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

SB 78. By Senator Grayson of the 1st and others:
A bill to be entitled an act fixing the duties, bond and compensation of the
.. adjutant general; and for other purposes.
SB 85. By Senator Wellborn of the 40th:
A bill to be entitled an act amending the code of Georgia so as to require an elector to state his political party affiliation; and for other purposes.

SB 94. By Senator Gillis of the 16th and others:
A bill to be entitled an act amending the code of 1933 relating to license fees on commercial fishing boats; and for other purposes.

SB 95. By Senator Gillis of the 16th and others:
A bill to be entitled an act requiring permits for oyster gatherers; and for other purposes.

FRIDAY, FEBRUARY 23,-1945

851

SB 96. By Senator Gillis of the 16th and others:
A bill to be entitled an act authorizing the game and fish comm1ss1on to purchase an airplane to patrol coastal waters; and for other purposes.

SB 97. By Senator Gillis of the 16th and others:
A bill to be entitled an ~ct amending an act regulating sanitation of oyster beds; and for other purposes.

SB 124." By Senator Gross of the 31st and others:
A bill to be entitled an act repealing chapter 101-1 of the code and enacting a new chapter so as to provide a department of state library; and for other purposes.

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

SB 214. By Senators Bennett of the 17th, Stone of the 15th, and Gillis of the 16th:

A bill to be entitled an act to amend an act entitled an act to amend, con-

solidate, and supersede the several acts incorporating the City of Sylvania;

to create a new charter and municipal government for said city; and for

other purposes.

.

Referred to the Committee on Municipal Government.

!;B 215. By Senators Bennett of the 17th, Stone of the 15th, and Gillis of the 16th:
A bill to be entitled an act to establish a. system of public schools for the Sylvania school district; to define the boundaries of same; to provide for a board of trustees; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 216. By Senator Millican of the 52nd:
A bill to be entitled an act to establish a parks and recreation commission in Fulton county; to prescribe the powers and duties of the commission; and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 33. By Senator Smith of the 24th:
A resolution by the Senate, the House concurring, that the state revenue commissioner be authorized and directed to sell contraband articles which law requires him to seize; and for other purposes.
Referred to the Committee on Ways and Means.

852

JOURNAL OF THE HOUSE,

Mr. Kent of Glascock 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 72. HB 127. HB 131. HB 196. HB 218. HB 243. HB 245. HB 248. HB 253. HB 258. HB 259. HB 260. HB 263. HB 265. HB 268. HB 274. HB 285. HB 291. HB 292. HB 294. HB 296. HB 301. HB 302. HB 304. HB 309.

FRIDAY, FEBRUARY 23, 1945

853

HB 310. HB 311. HB 317. HB 318. HB 323. HB 328. HB 335. HB 349. HB 396. HB 411. HB 414. HB 415. HB 448. HR 23. HR 28. HB 261.

Respectfully submitted,

Kent of Glascock, Chairman.

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 529. By Messrs. Gilbert and Gowen of Glynn:
A bill to be entitled an act to abolish the office of justices of the peace in Glynn county and to abolish the present city court of Brunswick and establish a new city court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 581. By Messrs. Gammage and Jennings of Sumter:
A bill to be entitled an act to extend the corporate limits of the City of Americus; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 593. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend the l.i'ws creating the office of tax commissioner for Monroe county so as to fix a salary for the tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, ''Vas 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 594. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick to authorize the commission to close portions of Celborn street, Bartow street, Johnson street, Gordon street, Lee street and Stonewall street lying in what is known as the "Mitchell and Jones Tract"; to provide the city may convey to Hercules Powder Company certain property m exchange with the company for other lands; and for other purposes.
The report 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 199. By Senator Caldwell of the 37th: A bill to be entitled an act to provide that the clerk of the city court of LaGrange shall receive the same fees and costs as paid to the clerk of Troup 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 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 205. By Senator Drinkard of the 29th:
A bill to be entitled an act to fix the salary for the sheriff of Lincoln county in addition to fees; and for other purposes.

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855

The following House substitute was read and adopted to SB 205:
A BILL
To be entitled an act to amend an act entitled an act to provide for the compensation of the ordinary, sheriff and clerk of the superior court of Lincoln county, approved August 24, 1881 (Georgia Laws 1880-81, page 527), by changing the salary of the ordinary from $150.00 per annum to $600.00 per annum and by changing the salary of the sheriff from $100.00 per annum to $700.00 per annum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME.
SECTION 1
That the act approved August 24, 1881 (Georgia Laws 1880-81, page 527), providing for compensation of the ordinary, sheriff and clerk of the superior court of Lincoln county be and the same is hereby amended by striking the following: "and sheriff of Lincoln county" in the sixth line thereof, and the word "each" in the seventh line thereof, and by placing a semi-colon after the words "per annum" in the eighth line thereof and adding the following thereafter: "the sheriff of Lincoln county shall receive as extra compensation the sum of $700.00 per annum," and by striking the words "$150.00 per annum" and inserting in lieu thereof the words "$600.00 per annum to be paid in lieu of any and all other salary authorized by law to the ordinary or to the superintendent of roads and bridges heretofore enacted," so that said section 1 of the act approved August 24, 1881, will read as follows:
"Section 1. Be it enacted by the General Assembly of Georgia, that, from and after the passage of this act, the ordinary of Lincoln county shall receive from the treasury of said county the sum of $600.00 per annum to be paid in lieu of any and all other salary authorized by law to the ordinary or to the superintendent of roads and bridges heretofore enacted for services rendered in attending to the county business of said county, and that the clerk of the superior court shall receive as extra compensation the sum of $100.00 per annum; the sheriff of Lincoln county shall receive as extra compensation the sum of $700.00 per annum."
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 109, the nays 0.
The bill having received the requisite constitutional majoriyt was passed by substitute.

The following bill of the House was taken up for the purpose of considering a Senate substitute thereto:

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HB 459. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus by extending the city limits; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED
An act to amend the charter of the City of Columbus in the County of Muscogee; to extend the present corporate limits of said city so as to include therein certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast and south thereof; defining the boundaries of such territory; providing for a referendum to be held in said city and in the territory proposed to be annexed to determine whether this act shall go into effect; fixing the qualifications of voters in said referendum and providing for the declaration of the result thereof; providing penalties for illegal voting; providing that prior to the date when said territory would become a part of said city the proper city authorities may make assessments of property located in such territory for purposes of taxation so that taxation may become effective upon said territory actually becoming a part of said city, enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city; providing the voting qualifications of the inhabitants of said territory in general, special and primary elections held in said city next before the date of the actual inclusion of said territory within the corporate limits of the city; 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 Columbus in the County of M uscogee be, and it is, hereby amended as follows:
Section 1.
That the present corporate limits of the City of Columbus, hereinafter designated as "city," be, and they are, hereby extended so as to include within said cor porate limits that certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast and south of such present corporate limits as is comprised within the following boundary lines to wit:
Beginning at a point on the present city limit line located at the southeast corner of Second avenue and Thirty-eighth street, which is the northwest corner of block 15 of the North Highlands Land Improvement and Manufacturing Company survey, and running thence north, along the east side of Second avenue, to the north side of Fortieth street, which is the southeast corner of block 17 of said North Highlands Land Improvement and Manufacturing Company survey; thence west side of Second avenue, on the north side of Fortieth street, to the southeast corner of block 7 of said North Highlands Land Improvement and Manufacturing Company survey;

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thence north, along the west side of Second avenue, to the southeast corner of lot 13 in block 7 of said North Highlands Land Improvement and Manufacturing Company survey; thence west, along the south side of said lot 13 in block 7, to an alley;
thence north, along the east side of said alley, to the south side of Forty-second street; thence west, along the south side of Forty-second street, to a point, which point is due south of the southwest corner of lot 1 of block 18 of said North Highlands Land Improvement and Manufacturing Company survey; thence due north, along the west side of said lot 1 in block 18, to the northwest corner thereof; thence northeasterly, along the west side of block 10 of Sharp-Horne, North Highlands P'ark survey, to Forty-third street; thence northeasterly, across Forty-third street
and northeasterly along the west line of lots 5 and 6 in block 5 in said Sharp-Horne
survey, to Forty-fourth street; thence west, along the south side of Forty-fourth street, to a point south of the southeast corner of lot 1 in block 1 of the said SharpHorne survey; thence north, along said line, across Forty-fourth street to the southeast corner of lot 1 in block 1 of the said Sharp-Horne survey; thence west, along the south line of said lot 1 in block 1 of the said Sharp-Horne survey, to the southwest corner thereof; thence north, along the west or rear line of block 1 of the said SharpHorne survey, to the northwest corner thereof, which line is the south line of a 50-foot street known as Forty-fifth street; thence north 50 feet; thence east on a line 50 feet north of the south line of 45th street, to a point 1,150 feet east of the center line of Seventeenth avenue extended, which point is 50 feet north of the south line of the Yarbrough road (a prolongation of Forty-fifth street) and immediately northwest of the east intersection of the south line of the Yarbrough road and the east line of the Woodruff road; thence southeasterly in a straight line, to the point where lots 52, 53, 48 and 49 in the eighth district of M uscogee county corner; thence east, along the line between said lots 48 and 49, for a distance of 2,230 feet, to a point; thence south 2,230 feet to a point; thence west 1,050 feet, more or less, to a point, which point is 1,200 feet east of the center line of Hilton avenue; thence south to the south line of lot 50 in said eighth district, which point is also 1,200 feet east of the center line of Hilton avenue; thence southeasterly, in a straight line, to an iron on the south side of the Macon road, which is the northermost corner of the Briarwood Subdivision; thence south forty-nine degrees, thirty minutes east, 700 feet, more or less, to the east line of lot 93 of the Coweta Reserve; thence south along the continuation of the lot line aforesaid, to a point where the east line of lot 89 of the Coweta Reserve intersects the north line of Andrews road; thence along the north line of Andrews road in a southwesterly direction, following the general curve of the north line of Andrews road, to where same intersects the south side of the rightof-way of the Seaboard Airline; thence in a southeasterly direction along the general curve of the south side of the Seaboard Airline Railroad right-of-way, to a point where said south side of said Seaboard Airline Railroad right-of-way meets the mean high water mark line on the east bank of Bull Creek; thence southerly with the meanderings of said creek and along the mean high water mark line on the east bank of Bull Creek, to the south side of the Cusseta road highway bridge, said point being in lot 102 of the Coweta Reserve; thence westerly by south to a point where the east mean high water mark line of Weracoba Creek meets the north side of the ''Super Highway" to Fort Benning; thence with the meanderings of said Weracoba

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Creek along the mean high water mark line on the south bank rhereof to its meeting point with the north mean high water mark line on the north bank of Bull Creek; thence directly across Bull Creek to the mean high water mark line on the south bank of Bull Creek; thence with the meanderings of said Bull Creek and along the mean high water mark line on the south bank of Bull Creek to the Chattahoochee River; thence directly across the Chattahoochee River to the mean high water mark line on the west bank thereof; thence northwesterly and westerly, along the mean high water mark line on the west (or south) bank of the Chattahoochee River, to a point where it meets a line extended south from the east line of Tenth avenue, which point is the present city limit line corner; thence, starting north and following the present city limit line in its various directions, to the point of beginning at the southeast corner of Second avenue and Thirty-eighth street.
Section 2.
That the inclusion within the corporate limits of said city of the territory above described shall not become effective until referendum elections held in said city and in said territory, in accordance with the provisions hereinafter set forth, have resulted in a vote favoring such annexation.
Section 3.
That the commission of the City of Columbus, at a regular or special meeting, shall, by adoption of a resolution to be effective immediately upon passage, submit to the qualified voters of the city, at a referendum election to be held as hereinafter provided and upon a day named in said resolution, the question of the inclusion of said described territory within the corporate limits of said city. Said election called by said commission shall be held under the same rules and regulations governing general and special elections, and at the same place, as elections for members of said commission are held.
Section 4.
That the ordinary of Muscogee county shall submit to the qualified voters residing within the territory above described, by giving the notice provided for in section 9 hereof, the question of the inclusion of said territory within the corporate limits of said city by ordering a referendum election to be held on the same day as the city election above provided for. The ordinary shall provide two polling places for voters in said territory, so located in said territory as the ordinary may deem convenient for the voters therein. In locating said polling places the ordinary shall designate a boundary line, and voters residing north of said line shall vote at the northernmost polling place, and voters residing south of said line shall vote at the southernmost polling place. He shall appoint three managers for each ballot box at said polling places, the managers to be sworn by the ordinary or a notary public to manage said election. Voting booths shall be used at said polling places and the l~ws and regulations applicable to general county elections, and which are not in conflict with specific provisions of this act, shall apply to said election.
Section 5.
At said election in said territory proposed to be annexed, only qualified voters of

FRIDAY, FEBRUARY 23, 1945

859

said county who have continuously resided in said territory for at least three months next preceding the day of said election shall be permitted to vote.
Section 6.
That lists of the qualified voters in said territory proposed to be annexed shall be prepared, purged and supplemented in accordance with the provisions relating to general and special elections, as contained in code of Georgia of 1933, chapter 34-4, and other applicable statutes of Georgia; provided, that the preparation, purging and supplementing of said voters' lists shall be limited to voters residing in said territory proposed to be annexed. No person shall be a qualified voter in said election held in the territory proposed to be annexed whose name does not appear upon said list of registered voters in this section provided for.
Section 7.
In cases of challenge of any voter, or upon their own motion, the said managers or either of them may require any voter to swear that he has resided within the territory where he offers to vote continuously for three months next preceding the date of said election, and for this purpose said managers are hereby empowered to administer oaths.
Section 8.
The managers of said election in said territory proposed to be annexed shall, immediately upon the closing of the polls, count the ballots cast at the election, and shall deliver to the ordinary the sealed ballot boxes, ballots, tally sheets and lists of voters. At or before noon of the day following said election, or as soon thereafter as practicable, the managers shall certify to the ordinary the result of the election.
Section 9.
The two elections herein provided for shall be held within not less than ninety (90) days and not more than one hundred and fifty ( 150) days from the date of the approval of this act by the Governor. The polls within the city and in the territory proposed to be annexed shall open at six (6) o'clock a. m. and close at seven (7) o'clock p. m., Central War Time. After the passage of this act and its approval by the Governor, and prio'r to the date of said elections, the city clerk of said city shall cause the entire act to be published one time in the newspaper in said city in which advertisements of sheriff's sales in Muscogee county are published. Notice of said election shall be published in said newspaper once a week for four weeks on any dates prior to the date of said elections. Said notice shall be a joint notice, signed by the ordinary and the city clerk of said city, and shall set forth the date of the elections, the hours for voting and the location of the polling places. A detailed description of the territory proposed to be annexed need not be set forth in said notice, but certified copies of this act shall be kept on file by the ordinary and the city clerk prior to said elections, and such certified copies of the act shall be subject to public inspection at all reasonable times.
Section 10.
The general form of ballot and the method of voting to be used m said two

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elections shall comply as nearly as practicable with the form and method set forth in the act of the General Assembly of Georgia approved March 20, 1943, contained in Georgia Laws 1943, pages 290 and 291. The ballot shall show the purpose of the elections by general reference to this act, and shall have plainly printed thereon the words "For Annexation" and "Against Annexation." Voters favoring annexation shall strike from the ballot the words "Against Annexation," and voters opposing annexation shall strike from the ballot the words "For Annexation."
Section 11.
The managers of the election held in the City of Columbus shall at noon of the day following said election, or as soon thereafter as practicable, certify to the commission of the City of Columbus, at a regular or special meeting, the result of said election in the city; and the mayor and ordinary shall consolidate the total vote cast in said elections both inside the city and in the territory proposed to be annexed as hereinbefore provided, and if it shall appear that a majority of the total number of votes cast in said election (adding all votes cast inside and all votes cast outside the city together) favor annexation, then the ordinary and mayor shall make a joint proclamation of such results, and thereupon the corporate limits of the City of Columbus shall be extended on December 31, 1948, so as to include the territory within the boundaries hereinbefore described, and said territory shall on December 31, 1948, become a part of said City of Columbus and subject to all the laws and ordinances governing the same. The consolidation of the votes in said election and the proclamation of the mayor shall be entered on the minutes of the commission of said city and on the minutes of the court of ordinary of Muscogee county.
Section 12.
That at the primary election and at the general election to be held in said city, for the nomination and election of members of the commission of the City of Columbus, as well as any special election, held next before the date upon which said territory proposed to be annexed becomes part of the City of Columbus, those residents of said territory proposed to be annexed shall be qualified voters in said primary, in said general and special elections, upon the same terms and conditions, as to residence, registration and otherwise, as if said territory were on the days of said primary, general or special elections actually a part of said city. The city registrars in making up the list of qualified voters in said primary, in said general and special elections, upon the same terms and conditions as to residence, registration and otherwise, as if said territory were on the days of said primary, general or special elections actually a part of said city. The city registrars in making up the list of qualified voters in said elections shall include the residents of said territory so qualified to vote as above set forth.
Section 13.
That the entire expense of the two elections herein provided for, to be held within the city and in the territory proposed to be annexed, shall be paid by the City of Columbus. The ordinary shall certify to the treasurer of the city the cost of holding the election in the territory proposed to be annexed, including reasonable compensation to the managers of said election and to the board of county registrars

FRIDAY, FEBRUARY 23, 1945

861

in purging and compiling the list of qualified voters in said territory, together with other reasonable expenses usually incident to elections.
Section 14.
That should any person vote in said election who is not registered and qualified to vote, or shall vote at more than one polling place, or (in case of those voting in the proposed extension,) who has not continuously resided in the territory where he votes for at least three months next preceding the day of the election, he shall be deemed guilty of illegal voting, and upon conviction thereof shall be punished as prescribed in section 27-2506 of the code of Georgia of 1933.
Section 15.
That if the combined vote of the two elections provided for herein is in favor of said annexation, then between the date of the proclamation of the result of said elections, and the date when said territory actually becomes part of said city, the proper city authorities may make assessments of property located in such territory for purposes of taxation, so that taxation may become effective upon said territory actually becoming a part of said city; enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city.
Section 16.
That all laws or parts of laws in conflict with this act be, and they are, hereby repealed.
Mr. Holleman of Muscogee moved that the House agree to the Senate substitute for HB 459.
On the motion to agree to the Senate substitute, the ayes were 103, the nays 0, and the Senate substitute was agreed to.

The following resolution of the House was taken up as unfinished business for the purpose of further consideration of Senate amendments thereto:

HR II-19C. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Culpepper of Fayette, Gowen of Glynn, McCracken of Jefferson, and Arnold of Spalding:
A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto; and for other purposes.
The following Senate amendments were read:
Senate Amendment No. 10:
Senator Harrell of the 12th moves to amend Article IV, Section IV, Paragraph III by striking from line 11 the figure 6 years and insert 4 years.

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JOURNAL OF THE HOUSE,

Senate Amendment No. 11 :
Senator Norton of the 33rd moves to amend HR 11 by striking Paragraph V of Section VI of Article IV (Revised Constitution page 25), and insert in lieu thereof a new paragraph to be known as Paragraph V, Section VI, Article IV, which shall read as follows:
"The General Assembly shall compel all insurance companies in this state or doing business therein, under proper penalties, to make annual reports to the comptroller general, and upon demand by the comptroller general or the Governor to furnish an additional semi-annual report. Said reports to be printed at the expense of the insurance companies for the information and protection of the citizens of this state."
Senate Amendment No. 12:
Senator Harrell of the 17th moves to amend Paragraph III of Section I of Article V by striking from lines three and four the words "the President of the Senate," and inserting in lieu thereof "the Presiding Officer of the Senate."
Senate Amendment No. 13:
Senator Harrell of the 7th moves to amend Paragraph IV of Section I of Article V by striking therefrom the words "the President of the Senate" and substituting in lieu thereof the words "the Presiding Officer of the Senate."
Senate Amendment No. 14:
Senator Harrell of the 7th moves to strike Paragraph VII of Section I of Article V in its entirety and substitute in lieu thereof the following Paragraph VII to read as follows:
"Paragraph VII. DEATH, RESIGNATION, OR DISABILITY OF GOVERNOR. In case of death, resignation, or disability of the Governor, the Lieutenant Governor shall exercise the executive powers of the Governor during the remainder of the Governor's term or until such disability be removed. And in case of the death, resignation, or disability of the Lieutenant Governor, the speaker of the House of Representatives shall exercise the executive powers of the Governor during the remainder of the Governor's term or until the removal of the disability."
Senate Amendment No. 15:
Senator Harrell of the 7th moves to amend Paragraph VIII of Section I of Article V, by striking the period at the end of said pa.ragraph and inserting in lieu thereof a comma and adding the following to wit:
"except as provided in this Constitution."
Senate Amendment No. 16:
Senator Harrell of the 12th moves to amend Article V, Section I, Paragraph X by adding the following at the end of Paragraph X:

FRIDAY, FEBRUARY 23, 1945

863

"Provided that the Governor shall not have the authority or power to call out or use the militia, or other military power whatever, or other force to remove from office, or obstruct by force, the free exercise of the duties of any constitutional officer of this state and any Governor who shall violate the provisions as stated herein may be impeached in the manner provided by this Constitution."
Senate Amendment No. 17:
Senator Sabados of the lOth moves to amend Paragraph XV, Section I, Article V by adding a new sentence at the end of said paragraph to read as follows:
"The Governor, however, shall not have authority to veto any local bill, without the consent of the members of the legislature introducing same."
Senate Amendment No. 18:
Senator Caldwell of the 37th moves to amend Paragraph V, Section II, Article V by striking said paragraph in its entirety and substituting in lieu thereof the following:
"Paragraph V. FEES AND PERQUISITES DENIED. No state official named in Paragraph I of this section shall be allowed any fee, perquisite or compensation other than their salaries as prescribed by law, except their necessary expenses when absent from the seat of government on business for the state.
Senate Amendment No. 19:
Senator Harrell of the 12th moves to amend Article V, Section IV, by striking the entire Section IV of said article and renumbering the resolution accordingly.
Senate Amendment No. 20:
Senator Millican of the 52nd moves to amend Section V, Paragraph V by striking the word "five" in line 3 and inserting in lieu thereof the words "three."
Further amends by striking the words "The first appointment shall be for terms of one, two, three, four and five years" and inserting the following, "The first appointment shall be for terms of one, two, and three years."
Further amends line 11 by striking the word "five" and inserting in lieu thereof the words "three."
Senate Amendment No. 21:
Senator Stone of the 15th moves to amend Paragraph I of Section VI of Article V at page 33 of HR ll-19C, by striking out said paragraph in its entirety, and by substituting in lieu thereof a new paragraph to read as follows:
Section VI. STATE DEPARTMENT OF VETERANS SERVICE, Paragraph 1. VETERANS SERVICE BOARD: HOW COMPOSED: DIRECTOR.
"There shall be a State Department of Veterans Se.rvice and a Veterans Service Board composed of seven members, who shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law.

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JOURNAL OF THE HOUSE.

Said board shall appoint a director who shall be the executive officer of the department. Members of the board shall be appointed by the Governor with the advice and c~nsent of the Senate and all members of the board and the director shall be veterans of some war in which the United States has engaged.
"The first appointment shall be for terms of one, two, three, four, five, six and seven years. Thereafter all terms and appointments, except in case of vacancy, shall be for seven years. Vacancies shall be filled by appointment of the Governor."
Snate Amendment No. 22: Senator Freeman of the 22nd, moves to amend Article 5 by adding a new section to be known as Section 7, and to read as follows:
Section 7, Paragraph l. The General Assembly shall have the authority to reduce the members and fix the compensation of the members of any board or commission created in this article.
Senate Amendment No. 23:
Senator Stone of the 15th, moves to amend Article 6, Paragraph 1 by adding the following:
Provided however that the General Assembly shall not increase or decrease the membership of the Veterans Service Board.
Senate Amendment No. 24:
Senator Harrell of the 7th, moves to amend HR 11-19C by adding at the end of Paragraph 4, Section 2 of Article 6 as contained therein the following:
The Supreme Court shall also have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the determination of cases.
Senate Amendment No. 25:
Senator Harrell of the 7th, moves to amend HR 11-19C by adding at the end of Paragraph 8 of Section 2 or Article 6 thereof the following:
In the event of an equal division of Judges on any case when the court is sitting as a body, the case shall be immediately transferred to the Suprme Court.
Senate Amendment No. 25A:
Senator Sabadas of the lOth, moves to amend Paragraph 8, Section 4, on page 42, by adding at end of paragraph the following:
"Provided said Judge is required to hold such hearing in the County where the defendant resides."
Senate Amendment No. 26:
Senator Welsch of the 39th, moves to amend Article 6, Section 6, Paragraph 2, by adding at the end of said paragraph the following language:

FRIDAY, FEBRUARY 23, 1945

865

"P'rovided the defendant waives a jury trial."
Senate Amendment No. 27:
Senator Harrell of the 7th, moves to amend HR 11 by adding to Article VI, Section X, Paragraph I, relating to the Attorney General, at page 48, a new sentence to read as follows:
"The Attorney General shall appoint Assistant Attorneys General, not exceeding ten in number, and shall appoint and name such other personnel as may be necessary. Assistant Attorneys General and other personnel in the Department of Law shall serve until removed by the Attorney General.
Senator Millican of the 5th, amends amendment by striking the words "not exceeding ten in number" and substituting the words "the number to be designated by the General Assembly."
Senate Amendment No. 28:
Senators Causey of the 46th, Cloud of the 19th, and others, moves to amend Article VI, Section XII, Paragraph 1, appearing on page 45 of the printed bill, as follows:
1. By. inserting between the words "per annum" appearing on line 5, and the word "with" appearing on line 5 of said paragraph, the following language, to wit: "and the Solicitors General shall each have out of the treasury of the State a salary of $250.00 per annum."
2. By inserting between the word "Court" appearing on said line of said paragraph the following language to wit: "and Solicitor General"; so that when amended, said Article VI, Section XII, Paragraph I, shall read as follows:
"Paragraph 1. SALARIES OF JUSTICES AND JUDGES AND SOLICITOR GENERAL. The justices of the Supreme Court each shall have out of the treasury of the State salaries of $8,000 per annum; the judges of the Court of Appeals each shall have out of the treasury of the State salaries of $8,000 per annum, the Judges of the Superior Courts each shall have out of the treasury of the State salarie of $6,000 per annum and the Solicitors General shall each have out of the treasury of the State a salary of $250.00 per annum with the right of the General Assembly to authorize any county to supplement the salary of a judge of the Superior Court and Solicitor General of the Judicial Circuit in which such county lies, out of county funds, provided, however, where such salary is, at the time of the adoption of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly.
Senate Amendment No. 89:
Senator Peebles of the 18th moves to amend Paragraph I, Section XII, Article VI by adding the following at the end of the paragraph:
"Provided further, that the Board of County Commissioners of Richmond

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County, or the Ordinary, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said county's treasury, the salary of the Judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of two thousand ($2,000) dollars per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said county, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such salary from the County treasury as above provided."
Senate Amendment No. 30:
The Committee moves to amend HR ll-19C by striking from the 6th and 7th lines of Paragraph II of Section XII of Article VI, relating to fees or salary of the Solictor General, the words "in addition to the salaries prescribed in Paragraph I of this Section."
Senate Amendment No. 31:
Senator Sabados of the lOth moves to amend Paragraph II, Section XVI, Article VI by striking in line 2 and line 3 of Paragraph II the word ~'men" and inserting in lieu thereof the word "citizens," and by striking the last sentence in said paragraph II of Section XVI.
Senate Amendment No. 32:
Amendment to Article VII, Sec. I, Paragraph 4 of the Constitution by adding the words "such subsiding" on line 29, page 51 the following inserted in Article VII, Section 1 (Section 2-5002):
"All intangible personal property owned by, or irrevocably held in trust for the exclusive benefit of religious, educational and charitable institutions, no part of the gross or net profits from the operation of which can inure to the benefit of any private person; all property irrevocably held under a pension, retirement or profitsharing plan if no part of the income or corpus thereof can be used for or diverted to anv purpose other than the exclusive benefit of employees or their beneficiaries."
Senate Amendment No. 33:
Senator Millican of the 52nd, moves to amend Article 7, Section I, Paragraph IV, line 10, page 50 of the Constitution by adding at the end of said line the following after the word "production": "Provided further there shall be exempt from all ad valorem taxes in this state, municipal, county, state, real estate owned by any t"s;tablished church and used by such church as a parsonage.
Senate Amendment 34:
Senator Smith of the 24th, moves to amend Article VII, Section I, Paragraph IV, by striking from line 21, page 50, the words "except for school purposes" and also striking the word "and" which is the first word in line 22 of same page.

FRIDAY, FEBRUARY 23, 1945

867

Senate Amendment No. 35:
Senator Millican of the 52nd, moved to amend HR - - by adding to Article VII, Section I, a new paragraph to be numbered Paragraph VI thereunder, as follows:
"Ad valorem taxation by the State, Counties, Municipalities, School or other taxing units upon real or personal property in areas in this State developed to clear slums may be adjusted to the extent that the taxes thereon for each taxing unit shall be a sum equal to the amount of taxes assessed by each taxing unit against the property at the time such property was acquired or for each taxing unit its proportionate part of a sum equal to five per centu~ of the gross rental income, whichever is the greater, upon such conditions as may be prescribed by the General Assembly."
Senate Amendment No. 36:
Senators Freeman of the 22nd, Harrell of 7th, Causey of 46th, and Gross of 31st, moves to amend Article VII, Section II, by inserting a new paragraph to bf' known as Paragraph V to read as follows:
Paragraph V. PEACE OFFICERS ANNUITY AND BENEFIT SYSTEM-TAXATION FOR. The powers of taxation may be exercised by the Statf' through the General Assembly and by counties and municipalites for, the purpose of paying annuities and benefits and other costs under a Peace Officers' Annuity and Benefit system; provided no indebtedness against the State or County or M unicipality shall ever be created for the purpose herein stated in excess of the taxs lawfully levied each fiscal year under acts of the General Assembly authorized hereunder.
Senate Amendment No. 37:
Senator Caldwell of the 37th moved to amend HR 11 by adding to Article VII, Section IV, Paragraph I, and subsection 10 thereunder, at page 61, authorizing the General Assembly delegate to any county the right to levy a tax "To pay county agricultural and home demonstration agents." by striking the period after the word agents and substituting a comma therefor and adding words thereto as follows: "including contributions for retirement benefits therefor."
Senate Amendment No. 38:
Senator Peebles of the 18th, moved to amend Section IV as follows:
By adding to Article 7, Section 4, Paragraph 1, a new subparagraph to read as follows:
"17. The amendment to the Constitution of 1877 (Georgia Laws 1943, p. 48) granting the General Assembly authority to enact such laws authorizing Richmond County to create a retirement or pension fund is hereby preserved and there is further included among those entitled to retirement or pension pay under said amendment to said Constitution, the court reporter of the Augusta circuit as to sal<~ry received by him out of the treasury of Richmond County, Georgia, the

868

JOURNAL OF THE HOUSE,

assistant solicitor general of the Augusta circuit for Richmond County, and the stenographer authorized for and appointed by the solicitor general of the Augusta circuit and employees under county officers of Richmond County elected by the people and paid from the treasury of Richmond County. The employees named are hereby declared to be included in, covered by and entitled to all of the provisions of any pension act of the General Assembly enacted by the 1945 or any future session of the General Assembly, without any further legislative enactment, as fully as if said officers had been named in the aforesaid constitutional amendment of 1943 and included in the said act of the General Assembly of 1945."
Senate Amendment No. 39:
Senator Millican of the 52nd, moves to amend by striking the last sentence m Section V, Paragraph I, Article VII.
Senate Amendment No. 40:
Senator McGinty of the 43rd moves to amend Paragraph I, Section VII of Article VII of HR 11 by striking from said paragraph the sixth, seventh and eighth lines and the word "voters" on the ninth line of page 65 of said resolution and inserting in lieu thereof the following:
"Without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law."
Senate Amendment No. 41:
Senators Gross of the 31st, Daves of the 14th, and Baggett of the 51st,
move to amend HR 11 by striking Article 7, Section 7, Paragraph 5 by striking same in its entirety and substituting a new paragraph 5 to read as follows:
"Paragraph 5. REVENUE ANTICIPATION OBLIGATIONS: Revenue anticipation obligations may be issued by any County, Municipal Corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such County, Municipal Corporation or political subdivisions in authorized by the Act of this General Assembly approved March 31, 1937, known as the "Revenue Certificate Laws 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 and to buy, construct, extend, operate and maintain gas or electric generating and distributing systems, together with all necessary appurtenances thereto. Such revenue anticipation obligations sall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivision and shall not be deemed debts of, or to create debts against, the issuing political subdivision within the meaning of the paragraph or nay other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair, or improvement of such facilities authorized and enumerated by said Act of 1937, as amended by said Act of l939;

FRIDAY, FEBRUARY 23, 1945

869

and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereto requisite for supplying gas or electric service within such County, municipal corporation or political subdivision; provided further that before any revenue certificates can be issued to buy, construct, extend or operate and maintain gas or electric generating and distribution systems, they shall first be submitted to and authorized by the affirmative vote of a majority of the qualified voters of the County, municipal corporation or political subdivision at an election called for the purpose to be held in the same manner as prescribed by law for the authorization of the issuance of bonds of such County, municipal corporaion or political subdivision: Said elections shall be called and provided for by the mayor and council, or officers in charge of the fiscal affairs of said County, municipal corporation or political subdivision affected; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof.

Senate Amendment No. 42:
Senator Grayson of the 1st moves to amend by adding at the end of Paragraph V. Section 7, Article 7, the following:
"Provided that after an election has been held as set forth above, municipalities shall be permitted to purchase and operate such utility plants with revenue certificates, but shall confine their operations within the confines of the county in which said plant is located and shall not go beyond said limits, without being subject to taxation and regulation by the Public Service Commission as are private owned and operated utilities."

Senate Amendment No. 43:
Senator Hodges of the 26th Senatorial District moved to amend HR ll-19C and Paragraph I of Section X of Article VII relating to existing amendments continued of force by adding to the end of said paragraph a new sentence to read as follows:
Provided the amendment of Paragraph I of Section II of Article XI of the Constitution of 1877 proposed by Georgia Laws 1943, p. 53 and ratified August 3, 1943, authorizing election by the people of the County Board of Education of Spalding County; prescribing rules of eligibility of members of the board; providing for election by the board of the County Superintendent of Schools shall not be continued of force.

Senate Amendment No. 44:

Senator Stone of the 15th moves to amend Article 8, Section 5, Paragt:aph 1

of the Constitution by striking the last paragraph therefrom and inserting in lieu

thereof the following:

,

"The General Assembly shall make provision for a local board of trustees who shall have authority to nominate teachers for their respective local schools to the County Board of Education."

870

JOURNAL OF THE HOUSE,

Senate Amendment No. 45:
Senators Bennett of the 17th, Deal of the 49th, Stone of the 15th:
An amendment to a resolution of the House of Representatives, amending the Constitution of the State of Georgia of 1877, and all amendments therof, by the House of Representatives on February xx, 1945.
By amending Section VII, Paragraph I, of Article VIII, by inserting in line two thereof, between the words "corporations" and "to," the words "and any local school district, whether or not wholly within the limits of a municipal corporation," so that said section, as amended, will read as folows:
Paragraph I. Independent Systems Continued; New Systems Prohibited. Authority is hereby granted to municipal corporations, to maintain existing independent school districts within their limits, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school district shall hereafter be established.
Senate Amendment No. 46:
Senator Grayson of the 1st moves to amend Section X, Paragraph I, by inserting the words "regents of powers granted" just before the word "public" so that said section and paragraph shall read as follows:
"Rights and powers granted public school systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution."
Senate Amendment No. 46A:
Senator Sabados of the lOth, moves to amend Article XIII, Section I, Paragraph I, page 85, by striking in line 8 the words "or more" between the word "one" and "newspaper" so that line 8 in said Paragraph I of Section I, shall read: published in one newspaper in each congresional.
Senate Amendment No. 47:
Senators Gross of the 31st and Harrell of the 7th, move to amend HR 11-19C by striking therefrom the entire Article XIV relating to a merit system and by substituting in lieu thereof the following Article XIV:
ARTICLE XIV
MERIT SYSTEM.
Section I.
Paragraph I. STATE PERSONNEL BOARD. A non-salaried State Personnel Board comprised of three citizens of this State, of known interest in the improvement of public ad1ninistration, shall administer a State Merit System under which state personnel shall be selected on a basis of merit, fitness, and efficiency according to law. The members of the State Personnel Board shall be appointed by the Governor with the advice of the Senate. The first members shall be appointed

FRIDAY, FEBRUARY 23, 1945

871

for terms of three, five and seven years, respectively, the terms shall be designated by the Governor. All subsequent appointments shall be for a period of seven years, txcept unexpired terms. No state official or employee shall be a member of the State Personnel Board.
Paragraph II. RETIREMENT SYSTEM. APPROPRIATION. The General Assembly is authorized to establish an actually sound retirement system for employees under a merit system and the State Personnel Board.
Senate Amendment No. 48:
Senator Grayson of the 1st moved to amend Article 15, Section 1, Paragraph 1, by striking the word "shall" wherever it appears therein and by inserting in lieu thereof the word "may"; and by adding at the end of said paragraph the following: "The provisions of this paragraph are not mandatory."
Senate Amendment No. 49:
Senator Harrell of the 7th moves to amend Section II of HR ll-19C by adding at the end of Section II the following language:
"Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words 'For the amendment revising the Constitution.' Those voting abainst the ratification of the amendment herein proposed shall have written or printed on their ballots the words 'against the amendment revising the Constitution.' If a majority of those voting vote for the amendment revising the Constiution when the results are certihed by the Governor, he shall proclaim the amendment revising the Constitution of 1877 as the revised Constitution of Georgia."
By unanimous consent Senate amendments 10 through 49 inclusively were disagreed to and the speaker appointed on the part of the House as a committee of conference the following members of the House to wit: Messrs. Culpepper of Fayette, Gowen of Glyqn, and Durden of Dougherty.

The following resolutions of the House were read and adopted:

HR 110. By Messrs. Seagraves of Madison, Price and Hill of Clarke, Smith of Oglethorpe, Greene of Crisp and Mason of Morgan:

A RESOLUTION
Expressing sympathy and condolence of Honorable Robert Nicholson, representative from Oconee county, upon the recent death of his mother, Mrs. W. M. Nicholson.
WHEREAS, it has come to the attention of the House of Representative's of Georgia that has taken J.\!Irs. W. M. Nicholson, mother of our fellow Repre~entative, Honorable Robert Nicholson of Oconee county; and

872

JOURNAL OF THE HOUSE,

WHEREAS, it is the desire of the House of Representatives to express sympathy and condolence,
THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:
That sympathy and condolences of the House of Representatives be, and they are hereby extended to our fellow member, Represntative Robert Nicholson of Oconee county on the death of his mother, Mrs. W. M. Nicholson.
BE IT FURTHER RESOLVED that a copy of this resolution be furnished . Representative Robert Nicholson of Oconee county.

HR 68-458D. By Messrs. Smith of Bryan, Smiley of Liberty, Watford of Long, Oliver of Tatnall and Glisson of Evans:
A resolution directing the Governor, the agricultural and industrial development board, each department head, and all state employees to work toward bringing about the return of all property comprising Camp Stewart Military Reservation to its original owners; and for other purposes.

HR 109. By Mr. Oden of Pierce:
A RESOLUTION.
WHEREAS, the Honorable Wright Bryan, managing editor and associate editor of the Atlanta Journal, has been liberated from a prisoner of war camp somewhere in Poland, and
WHEREAS, the Honorable Wright Bryan broadcast to the world the first eye-witness story of the D-Day invasion of the Continent of Europe by the Allies across the channel, and
WHEREAS, in the ranks of the newspaper men he is known as a Five-Star General,
NOW THEREFORE BE IT RESOLVED by the Hous'e of Representatives that felicitations are hereby extended to Mrs. Wright Bryan, with the assurance that the State of Georgia and the United States of America share her joy in the news that Wright Bryan is "free, safe and well."
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to Mrs. Wright Bryan by the Clerk of the House of Representatives.

Under the special and continuing 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 140. By Messrs. Arnold of Spalding and Ray of Warren: A bill to be entitled an act to relieve banks from liability for cashing

FRIDAY, FEBRUARY 23, 1945

873

checks bearing forged of unauthorized indorsements unless claim is filed within one year; and for other purposes.

The following amendment to HB 140 was read and adopted:

Mr. Arnold of Spalding moves to amend HB 140 relating to regulation of the

business of banking, by striking section 1 of said bill and inserting in lieu thereof a

new section 1 which sail read as folows:



Section 1. That Chapter 13-20 of the Code of Georgia of 1933, entitled "Regulation of the Business of Banking" is hereby amended by adding a new Section thereto, to be appropriately numbered, and which shall read as follows:

"Forged or Unauthorized Indorsements-No bank which has in good faith paid a check bearing a forged or unauthorized indorsement shall be liable to any person for such payment, either by reason of such payment, the indorsement of said check by such bank, or the guarantee by said bank of prior indorsements, unless within one year after such payment, indrosment by such bank, of guarantee or indorsement by such bank, the drawer of said check or some subsequent indorser or holder thereof shall notify such bank in writing that said check bore a forged or unauthorized indorsement. P"rovided that the liability of any bank in paying a check bearing a forged payee's endorsement, when said check is drawn on the bank so paying, shall continue until year after a statement, which includes the check on which the payee's endorsement was forged, has been rendered to the customer drawing said check."

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

On the passage of the bill as amended, the ayes were 119, the nays 0.

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

HB 232. By M,r. Matthew of Peach:
A bill to be entitled an act to amend code section 24-3406 to require a deposit of $10.00 as cost upon the filing of all divorce suits, and for other purposes.
By unanimous consent, HB 232 was tabled.

HB 233. By Messrs. Durden of Dougherty, Phillips of Columbia, Harrison of Jenkins, and McCracken of Jefferson.
A bill to be entitled an act to make it unlawful for any building and loan association, bank or other lending agency, to require a borrower to cancel any insurance on property off,.red as collateral; and for other purposes.
The following substitute to HB 233 was read:
A bill to be entitled an act to make it unlawful for any building and loan

874

JOURNAL OF THE HOUSE,

assoCiatiOn, bank or other lending agency, or individual making loans on real property, or any agent or employee thereof, to directly or indirectly require the borrower to cancel any policy of insurance covering property offered as collateral; to make the violation of the provisions of this act a misdemeanor and to fix punishment; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it hereby enacted by authority of same:
Section 1., It shall be unlawful for any building and loan association, bank or other lending agency, or individual making loans on real property, or any agent or employee thereof, to directly or indirectly require the borrower to cancel any policy of insurance covering the property or any portion thereof which is or may he offered to such lending agency as collateral. Any person violating the provisions of this section shall he deemed guilty of a misdemeanor and shall be punished as for a misdemeanor."
Section 2. That all laws and parts of laws m conflict herewith be, and thl' same are hereby repealed.
The following amendment to the substitute for HB 233 was read and adopted
Mr. Weaver of Bibb moves to amend the substitute to HB 233 by changin~ the period at the end of the first sentence in Section 1 to a comma, and by inserting the following proviso: "provided, however, that the lender may reject a poliq written in a company which refuses to attach the New York Standard Mortgage Clause to its policy."
The substitute as amended was adopted:
The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
On the passage of the bill, by substitute as amended, the ay;s were 109, the nays 6.
The bill having received the requisite constitutional majority, was passed by substitute as amended.
Mr. Gowen of Glynn asked that he be recorded as voting nay on HB 233 and he is therefore so recorded.

HR 33-238A. By Mr. Marion Ennis of Baldwin:
A resolution to provide that the state leave to the First Presbyterian Church of Milledgeville additional 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 108, the nays 0.

FRIDAY, FEBRUARY 23, 1945

875

The resolution having received the requisite constitutional majority was adopted.

HB 242. By Messrs. Hand of Mitchell and Durden of Dougherty:

A bill to be entitled an act to amend section 53-502 of the Annotated Code of Georgia, headed "Wife's property, when separate," by adding the following language: "and in all cases where the wife's personal property is injured, damaged or destroyed by the husband, the husband shall be liable to the wife;" and for other purposes.

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

Mr. Durden of Dougherty called for the ayes and nays on the passage of the bill and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adamson Alexander of Carroll Ansley Arnall of Coweta Barrett Battles Beddingfield Black Bloodworth of Bibb Britton Brock Brooke Broome Brunson Campbell Cates Chance Chastain Cheshire Connell Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden

Dykes Ennis, Marion Etheridge of Butts Evitt Fortson Freeman Gammage Gary Giddens Gowen Greene Greer Guerry Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Wayne Herndon Hill Hinson of Ware Holley Hollis Holloway Hubert Hurst Jennings of Terrell Kenimer Kennon

Kent Key Lancaster Lane Littlejohn McCracken McCurdy McNall .Mallard Mankin Mann of Henry Mann of Rockdale Mason Matthews of Peach Mitchell Moye of Randolph O'Shea! Overby Parham Pannell Pettit Phillips Pittman of Bartow Porter Powell Price Ramey Ray Ritchie

876

JOURNAL OF THE HOUSE,

Sears Sheffield Shields Sills Smith of Bryan Smith of Emanuel Sumner

Thompson Thornton Twitty Watford Wells of Ben Hill Wells of Lincoln Williams of Coffee

Williams of Jones Williams of Toombs Williams of Ware Willoughby Wilson Witherington

Those voting in the negative were:

Cheek Connerat Etheridge of Fulton Garrison Griswell

Guyton Holleman Looper Parks Seagraves

Smith of Oglethorpe Sparks Willis Young

Those not voting were:

Adams Alexander of Chatham Almand Arnold of Spalding Baker Banks Bargeron Barwick Bloodworth of Houston Boynton Brumby Burch Callaway Claxton Cowart Ennis, J. H. Fowler Gaskins Gavin Gibson Gilbert Glisson Hall Hampton Hand Harrison of Screven Hart Hatchett

Hefner Herrin Hicks Hinson of Jeff Davis Hogg Holbrook Hooks Jackson Jennings of Sumter Johns Kelley Kendrick King Knabb Lam Lewis Livingston Lovett Malone Manous Massey Matthews of Paulding Maund Medders Miller Moore Morrison Mosley

Moye of Brooks Mullinax Murphy Nicholson Oakley Oden Odom Oliver Pennington Pittman of Tift Riddlespurger Rossee Roughton Rowland Sapp Seagler Smiley Strickland of Pike Strickland of Upson Swint Thrash Trotter Underwood Weaver Whaley Williams of Appling Williams of Gwinnett Mr. Speaker

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

FRIDAY, FEBRUARY 23, 1945

877

On the passage of the bill, the ayes were 107, the nays 14. The bill having received the requisite constitutional majority was passed.

HR 35-242A. By Messrs. Malone and Lovett of Laurens, Sills and Candler and Hooks of Emanuel:
A resolution granting an honorarium of $2400.00 to Honorable Vivian L. Stanley, former member of the State Prison and Parole Commission, in lieu of the salary that he would have received had not his office been abolished; and for other purposes.

This resolution involving an appropriation, the House was resolved into a committee of the whole House for the consideration of HR 35-244A, with instructions not to read the bill in its entirety, and the speaker designated Mr. Smith of Emanuel as chairman thereof.

The committee of the whole House arose and through its chairman, reported HR 35-242A back: to the House with the recommendaion that the same do pass.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, which involved an appropriation, the ayes and nays were ordered, and the vote was as follows:

Those voting in the affiirmative were:

Adamson Alexander of Carroll Alexander of Chatham Arnall of Coweta Banks Barrett Battles Black: Bloodworth of Bibb Boynton Britton Brock: Broome Burch Campbell Chance Chastain Cheek: Cheshire Connerat
Crow

Crowley Dallis Dorsey of Cobb Dupree Ennis, Marion Etheridge of Butts Evitt Fortson Fowler Freeman Garrison Gary Gowen Greene Greer Guyton Hardy of Hall Hardy of J ack:son Harrison of Wayne Hatchett
Herndon

Hinson of Ware Holleman Hollis Jennings of Terrell Kendrick: Kennon Key Lancaster Lane Looper Lovett McNall Mallard Malone Mann of Henry Mason Matthews of Peach Moye of Randolph Oakley Overby
Parks

878

JOURNAL OF THE HOUSE,

Pannell Phillips Pittman of Bartow Powell Ramey Ritchie Sills Sparks

Strickland of Pike Strickland of Upson Thompson Thornton Twitty Watford Weaver Wells of Lincoln

Those voting in the negative were:

Ansley Brunson Connell Etheridge of Fulton Giddens Griswell

Harrison of Jenkins Holloway Hurst McCracken Massey Parham

Those not voting were:

Adams Almand Arnold of Spalding Baker Bargeron Barwick Beddingfield Bloodworth of Houston Brooke Brumby Callaway Cates Claxton Cowart Culpepper DeFoor Dorsey of White Durden Dykes Ennis, J. H. Gammage Gaskins Gavin Gibson Gilbert Glisson Guerry Hall

Hampton Hand Harden Harrison of Screven Hart Hefner Herrin Hicks Hill
Hinson of Jeff Davis Hogg Holbrook Holley Hooks Hubert Jackson Jennings of Sumter Johns Kelley Kenimer Kent King Knabb Lam Lewis Littlejohn Livingston Maund

Williams of Jones Williams of Ware Willis Willoughby Wilson Witherington Mr. Speaker
Pennington Smith of Oglethorpe Swint Williams of Coffee
McCurdy Mankin Mann of Rockdale Manous Matthews of Paulding Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Mullinax Murphy Nicholson Oden Odom Oliver O'Shea! Pettit Pittman of Tift Porter Price Ray Riddlespurger Rossee Roughton Rowland

FRIDAY, FEBRUARY 23, 1945

879

Sapp Seagler Seagraves Sears Sheffield Shields Smiley

Smith of Bryan Smith of Emanuel Sumner Thrash Trotter Underwood Wells of Ben Hill

Whaley Williams of Appling Williams of Gwinnett Williams of Toombs Young

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 86, the nays 16. The resolution failing to receive the requisite constitutional majority was lost. Mr. Lovett of Laurens gave notice that he ask the House to reconsider its action in failing to adopt HR 35-242A, Monday, the 26th.

The speaker recognized the presence in the gallery of the lOth and 11th grades of the Lawrenceville High School, Lawrenceville, Georgia.
The regular order of busni~ss was continued.

HB 249. By Messrs. MeN all, Alexander and Connerat of Chatham:
A bill to be entitled an act to amend section 42-210 to provide that license fees levied on commercial fishing boats shall run from January 1 to December 31 of each year; and for other purposes.
By unanimous consent, HB 249 was tabled.

HB 279. By Messrs. Durden of Dougherty and Hand of Mitchell:
A bill to be entitled an act to repeal paragraph 3 of code section 4-214 and substitute a new paragraph 3 relating to powers of attorney granted by persons serving in the armed forces and to provide said powers of attorney shall not be revoked by death of the principal where agent acts without actual notice of said death; and for other purposes.
Mr. Speaker:
The Senate insists on its position on its amendments to the following resolution of the House, to wit:

HR 11. By Messrs Harris of Richmond, Durden of Dougherty, and others:
A resolution providing a new Constitution for the State of Georgia, by amending the Constiution of 1877, and all amendments thereto; and for other purposes.
The president has appointed on the part of the Senate as a committee of con-
.

880

JOURNAL OF THE HOUSE,

ference the following members of the Senate, to wit: Senators Harrell of the 7th, Freeman of the 22nd, Edwards of the 28th.

Mr. Durden of Dougherty moved that the House adjourn until Monday morning at 9:00 o'clock and the motion prevailed.

HB 279 was carried over as unfinished business.

The speaker announced the House adjourned until Monday morning at 9:00 o'dock.

,

MONDAY, FEBRUARY 26, 1945

881

Representative Hall, Atlanta, Georgia. Monday, February 26, 1945.

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 scripture reading and prayer by Dr. Stewart Oglesby, pastor of the Central Presbyterian Church of Atlanta.

The following resolution was read and adopted:

HR 111. By Messrs. Ennis of Baldwin and Harris of Richmond:
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 at 10:30 A. M., this morning for the purpose of hearing the A Cappella Choir of Milledgeville.

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

Mr. Evitt of Catoosa, 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 an 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 and resolutions. (3) Report of standing committees.
(4) Second reading of bills and resolutions favorably reported.
(5) Third reading and passage on uncontested local bills and resolutions.
(6) First reading and reference of Senate bills and resolutions.

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

HB 603. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to provide for the appointment of a court reporter for the city court of Augusta, and to fix the rate of compensation; and for other purposes.
Referred to the Committee on Special Judiciary.

882

JOURNAL OF THE HOUSE,

HB 604. By Mr. Durden of.Dougherty:
A bill to be entitled an act to repeal an act approved February 6, 1941 (Ga. Laws 1941, pp. 250-253) and to re-create and re-establish the State Hospital Authority under the act approved February 1, 1939 (Ga. Laws 1939, pp. 144-159); and for other purposes.
Referred to the Committee on State of Republic.

HB 605. By Mr. Odom of Baker:
A bill to be entitled an act to fix the bond of the Sheriff of Baker county at $6,000.00; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 606. By Mr. Odom of Baker:
A bill to be entitled an act to fix the bonds of the deputy sheiffs of Baker county at $6,000.00; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 607. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to authorize the closing of 9th Avenue between lOth Street and 11th Street and authorizing the city to sell said land; and for other purposes.
Referred to the Committee on Municipal Government.

HB 608. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize and create a civil service system for the ctiy of Hapeville; and for other purposes.
Referred to the Committee on Municipal Government.

HB 609. By Mr. Key of Jasper:
A bill to be entitled an act to authorize the salary for the sheriff of Jasper county in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 610. By Mr. Lewis of Hancock:
A bill to he entitled an act to authorize a salary for the sheriff of Hancock county in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

MONDAY, FEBRUARY 26, 1945

883

HR 112-606A. By Messrs. Alexander, Connerat and MeNall of Chatham:
A resolution proposing an amendment to Article 8, Section 4, Paragraph 1 of the Constitution to authorize Chatham county to levy a tax of 15 mills for school purposes; and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

HR 113-606B. By Messrs. Harris of Richmond, Fortson of Wilkes, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn and McCracken of Jefferson:
A resolution committing the state administration to promote and make possible an expanded health program; to provide for a state advisory council to investigate health facilities and make recommendations to the General Assembly; commending United States Public Health Service for work done in Georgia; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 114-606C. By Messrs. Harris of Richmond, Culpepper of Fayette, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn and McCracken of Jefferson.
A resolution directing the Governor to contract for special rates for publication of the amendement revising the Constitution of 1887, and for other purposes.
Referred to the Committee on State of the Republic.

HR 115-608A. By Messrs. Broome, Hubert and McCurdy of DeKalb:
A resolution proposing an amendment to the Constitution to authorize DeKalb county to levy a tax of 5 mills within the territorial limits of local school districts to be expended for school purposes within the local school district; and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

HR 116-611A. By Mr. Hand of Mitchell:
A resolution to relieve F. B. West as surety on the bond of Henry West in Worth superior court; and for other purposes. Referred to the Committee on Special Judiciary.

HB 611. By Mr. Pennington of Wilkes:
A bill to be entitled an act to amend the charter of the Town of Toomsboro by providing for a tax levy of 10 mills and to fix the date for the election of mayor. and council; and for other purposes.

884

JOURNAL OF THE HOUSE,

Referred to the Committee on Municipal Government.

Mr. Mason of Morgan County, Chairman of the Committe on General Agriculture No. 1, has 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 ume back to the House with the following recommendation:
HB 551. Do Pass as amended.
Respectfully submitted, Mason of Morgan, Chairman.

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

Mr. Speaker:
Your Committe 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 578. Do Pass.

Respectfully submitted, Young of Muscogee, ChJ.:rman.

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:

H B 340. Do P'ass. HB 602. Do Pass. SB 195. Do Not Pass.
Respectfully submitted,

Sills of Candler, Chairman.

MONDAY, FEBRUARY 26, 1945

885

Mr. Bloodworth of Bibb 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 193. Do Pass.
SB 214. Do Pass.
Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Wells of Ben Hill 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 and bills of the House, to wit:
HB 70. HB 101. HB 198. HB 224. HB 266. HB 460. HB 524. HB 525. HB 534. HB 541. HB 542. HB 543. HB 545. HB 546. HB 548.

886
HB 550. HB 554. HB 558. HB 570. HB 572. HB 573. HB 574. HB 581. HB 593. HR 56. HR 65. HR 111. HB 521. HB 140. HB 233. HB 242. HB 424. HB 500. HB 502. HB 508. HB 518. HB 529. HB 530. HB 531. HB 540. HB 560. HB 564. HB 569. HB 594.

JOURNAL OF THE HOUSE
Respectfully submitted, Wells of Ben Hill, Chairman.

MONDAY, FEBRpARY 26, 1945

887

Mr. Wells of Ben Hill 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 597. HB 488. HR 33. HR 68. HR 72. HR 83.
Respectfully submitted,
Wells of Ben Hill, Chairman.

The speaker recognized the presence in the gallery of the Hogansville High School seniors, Troup county, in charge of Mrs. C. 0. Lam and Mrs. Robert Ware.

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

HB 340. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to repeal the civil service system for Fulton county police; and for other purposes.

HB 551. By Messrs. Glisson of Evans, Harrison of Wayne, Smiley of Liberty,
and Hooks of Emanuel:
A bill to be entitled an act to provide a method of selling livestock and swine belonging to the state, to the farmer of the state; and for other purposes.

HB 578. By Mr. Young of Muscogee:
A bill to be entitled an act to amend an act approved March 19, 1943 (Georgia Laws 1943, pp. 640-670), by providing those serving in the armed forces shall continue to be eligible for retirement without contributing; and for other purposes.

HB 602. By Mr. Sills of Candler:

888

JOURNAL OF THE HOUSE,

A bill to be entitled an act to amend an act providing compensation for the sheriff of Candler county; and for other purposes.

SB 193. By Senator Cook of the 42nd:
A bill to be entitled an act to amend the charter of the City of Summerville by extending the city limits; and for other purposes.

SB 214. By Senators Bennett of the 17th, Stone of the 15th, and Gillis of the 16th:
A bill to be entitled an act to amend the charter of the City of Sylvania to create a public school system and provide for a board of trustees and authorizing the levy of a tax; and for other purposes.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:

Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills
of the House to wit:
HB 510. By Mr. Sears of Atkinson: A bill to be entitled an act fixing the date for the election of mayor and aldermen of the Town of Willacoochee; and for other purposes.
HB 511. By Mr. Barrett of Banks: A bill to be entitled an act to increase the compensation of the county cornmissioner for Banks county; and for other purposes.
HB 526. By Messrs. Holleman, Shields and Young of Muscogee: A bill to be entitled an act to amend the charter of the City of Columbus by providing additional salary for the mayor; and for other purposes.
HB 532. By Mr. Mann of Henry: A bill to be entitled an act to amend the charter of the Ci'ty of Stockbridge by extending the corporate limits; and for other purposes.

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

HB 276. By Mr. Sears of Atkinson:

MONDAY, FEBRUARY 26, 1945

889

A bill to be entitled an act to pay the sheriff of Atkinson county a salary in addition to fees; and for other purposes.

HB 305. By Messrs. Underwood of Taylor and Kenimer of Harris:
A bill to be entitled an act to provide the time of holding the superior court of Taylor county; and for other purposes.

HB 341. By Mr. Etheridge of Fulton and others:
A bill to be entitled an act providing for the civil service commission to cover the office of probation officer in Fulton county; and for other purposes.

HB 351. By Mr. Lewis of Hancock:
A bill to be entitled an act providing for the number of terms of superior court in Hancock county; and for other purposes.

HB 431. By Messrs. Whaley of Telfair and others:
A bill to be entitled an act to define the duties of the reporter for the Oconee judicial circuit; and for other purposes.

HB 443. By Mr. Etheridge of Fulton and others:
A bill to be entitled an act to amend the code of Georgia of 1933 so as to permit the boards of education in certain counties to issue school bonds; and for other purposes.

HB 494. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to change the date for holding primary elections; and for other purposes.

HB 498. By Mr. Watford of Long:
A bill to be entitled an act to amend an act creating a new charter for the City of Ludowici so as to extend the territorial limits; and for other purposes.

HB 499. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to authorize the levy of 9 mills on property tax; and for other purposes.

HB 509. By Mr. Rowland of Johnson:
A bill to be entitled an act to provide that the ordinary of Johnson county shall employ a certified public accountant to audit the books of the commissioners of roads and revenues; and for other purposes.

890

JOURNAL OF THE HOUSE,

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

HB 34. By Mr. Harris of Richmond: A bill to be entitled an act to provide a tax of six cents per gallon on kerosene when used as motor fuel; and for other purposes.
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following
resolution of the House to wit:

HR Ill. By Mr. Ennis of Baldwin and Harris of Richmond:
A resolution by the House, the Senate concurring, that the General Assembly meet in joint session in the House of Representatives at lO :30 a. m. this morning for the purpose of hearing the A Cappella Choir of Milledgeville.
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:

HB 271. By Dr. Moye of Brooks:
A bill to be entitled an act authorizing the county authorities of certain counties to pay the sheriffs of said counties the sum of $50 per month in addition to fees; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate to wit:

SB 205. By Senator Drinkard of the 29th:
A bill to be entitled an act to amend an act providing for the compensation of certain officials of Lincoln county, by raising the salary of the sheriff; and for other purposes.

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

HB 269. By Messrs. Thompson and Hatchett of Meriwether:

MONDAY, FEBRUARY 26, 1945

891

A bill to be entitled an act to provide that the commissioner of roads and revenues in certain counties pay to the clerks of the superior court the sum of $50 per month in addition to fees; and for other purposes.

HB 314. By Mr. Looper of Dawson:
A bill to be entitled an act authorizing county authorities in certain counties to pay the sheriffs in said counties the sum of $30 per month, in addition to fees; and for other purposes.

HB 316. By Mr. Ramey of Chattooga:
A bill to be entitled an act to provide for a second primary m certain counties; and for other purposes.

HB 339. By Mr. Etheridge of Fulton and others:
A bill to be entitled an act to amend an act increasing the fees of certain county officials in connection with holding inquests in certain counties; and for other purposes.

HB 397. By Mr. Ray of Warren:
A bill to be entitled an act to provide for compensation of deputy clerks m certain counties; and for other purposes.

HB 407. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the code of Georgia of 1933 to increase the fees of coroner jurors in certain counties; and for other purposes.

HB 408. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the code of Georgia of 1933 by providing for an increase in the fees of coroners in certain counties; and for other purposes.

HB 409. By Mr. Manous of Cherokee:
A bill to be entitled an act to amend an act providing for costs m misdemeanor cases by providing for the method of payment.

HB 438. By Mr. Dykes of Bleckley:
A bill to be entitled an act to increase the compensation of sheriffs in certain counties; and for other purposes.

HB 442. By Mr. Burch of Dodge:

892

JOURNAL OF THE HOUSE,

A bill to be entitled an act to provide for the appointment of special deputy sheriffs in certain counties; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolution of the Senate and House to wit:

SR 23. By Senator Millican of the 52nd:
A resolution giving consent to the City of Atlanta to build and construct viaducts, and etc., over the Western & Atlantic Railroad; and for other purposes.

SB 122. By Senator Gross of the 31st and others:
A bill to be entitled an act repealing chapter 71-1 and 71-2 of the code of Georgia so as to provide for appointment of notaries public; and for other purposes.

SB 211. By Senator Walker of the 45th:
A bill to be entitled an act creating a joint airport commission for the City of Fitzgerald and County of Ben Hill; and for other purposes.

HB 313. By Mr. Williams of Jones:
A bill to be entitled an act to provide a salary for the sheriff of Jones county in addition to fees; and for other purposes.

By unanimous consent the following bills and resolution of the Senate were introduced, read the first time and reported to the committees:

SR 23. By Senator Millican of the 52nd:
A resolution giving the consent of the State of Georgia, subject to the approval of plans and specifications by the Governor, the Georgia Public Service Commission, the attorney general and the Western & Atlantic Railroad Commission, to the City of Atlanta to build and construct, over the property known as the Western & Atlantic Railroad property in the City of Atlanta, ways, streets, roads, bridges or viaducts and plazas.
Referred to the Commission on Western and Atlantic Railroad.

SB 122. By Senators Gross of the 31st, Stone of the 15th, and Harrell of the 7th:
A bill to be entitled an act to repeal chapters 71-1 and 71-2 of Title 71 of the code and substitute a new chapter 71-1 which provide that Notaries

MONDAY, FEBRUARY 26, 1945

893

Public shall be appointed by the judges of the superior court; to fix the fees for the official acts; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 211. By Senator Walker of the 45th:
A bill to be entitled an act to create a joint airport commission for the City of Fitzgerald; and for other purposes.
Referred to Committee on Penitentiary.

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 508. By Mr. DuPree of Pulaski:
A bill to be entitled an act to provide a salary for the sheriff of Pulaski county in addition to fees; and for other purposes.
The following amendment was read and adopted:
Mr. DuPree of Pulaski moves to amend HB 508 by striking from the caption the words "and for other proper officials in all counties in the State of Georgia having a population of not more than 9,835 and not less than 9,825, according to the federal census of 1940 or any other future federal census," and inserting in lieu thereof the words "of Pulaski county," and by changing the word "counties" in the ninth line of the caption to read "county," and further amends the bill by striking from section 1 of said bill the words "and for other proper officials in all counties in the State of Georgia having a population of not more than 9,835 and not less than 9,825, according to the federal census of 1940 or any other future federal census and inserting in lieu thereof the words "Pulaski county" and by striking the word "counties" in the eighth line of the section and inserting in lieu thereof the word "county."
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.

HB 547. By Mr. Gary of Quitman:
A bill to be entitled an act to abolish the county court of Quitman county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

894

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 105, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 597. By Mr. McCracken of Jefferson:
A bill to be entitled an act to amend the act creating a city court of Louisville by providing for the trial of civil and crimnial cases before the judge without a jury; and for other purposes.
The report 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 168. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act creating a Civil Service Board for Fulton county by fixing the salary of the secretary of the board; to provide all officers and employees of the police and fire departments shall be under civil service; and for other purposes.
The report 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 180. By Senator Millican of the 52nd:
A bill to be entitled an act to create the office of deputy recorder to preside in recorder's court and to fix his salary; and for other purposes.
The following amendment was read and adopted:
Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton move to amend SB 180 as follows :
By adding a new sentence at the end of section of said bill to read as follows: "The deputy recorder herein provided for shall be a licensed attorney at law, admitted to practice in the superior courts of this state."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, as amended, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

MONDAY, FEBRUARY 26, 1945

895

SB 194. By Senator Minchew of the 5th:
A bill to be entitled an act to amend the charter of the Town of Willacoochee to change the time of electing the mayor and councilmen; and for other purposes.
The report 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.

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 the G. S. C. W. choir of Milledgeville, Georgia, 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 of the General Assembly.
The G. S. C. W. choir appeared on the floor of the House and was introduced by the Honorable Frank C. Gross, president of the Senate. The gavel was turned over to his excellency, the Governor, who likewise introduced Director l\11 ax Noah, Chancellor S. V. Sanford, Hon. Miller Bell, and Dr. Guy Wells, president of G. S.C. W.
Under the direction of Director Noah, the A Cappella Choir rendered a very entertaining program of music.

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 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 424. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the Fulton County Budget Act to provide that the county may contract with and maintain wholly or jointly with some other municipality or county a hospital authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

896

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 103, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 458. By Mr. Hogg of Marion:
A bill to be entitled an act to pay the sheriff of Marion county a salary m 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 111, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 488. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize the authorities of Fulton county to adopt regulations for the prevention of fire and protection of property and lives against loss in unincorporated areas; to provide for zoning regulations and control of storage of inflammable materials and explosives; and for other purposes.
The report 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.

H B 496. By Messrs. Holleman, Shields and Young of M uscogee:
A bill to be entitled an act to authorize Muscogee county to assign identifying numbers to all dwellings, stores and other structures in the county outside of municipalities; and for other purposes.
The report 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.

HR 72-498A. By Mr. Morrison of Montgomery:
A resolution authorizing the state librarian to furnish the ordinary of Montgomery county certain volumes of the Georgia Reports and Court of Appeals Reports; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

MONDAY, FEBRUARY 26, 1945

897

On the adoption of the resolution, the ayes were 107, the nays 0. The resolution having received the requisite constitutional majority was adopted.

HB 500. By Mr. Manous of Cherokee:
A bill to be entitled an act to change the date of holding three terms of the superior court in Cherokee county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 502. By Messrs. Holleman, Shields and Young of M uscogee:
A bill to be entitled an act to authorize the commissioner of roads and revenues of M uscogee county to adopt zoning ordinances, to name building inspectors and require building permits; and for other purposes.
The following amendment was read and adopted :
Mr. Young of Muscogee moves to amend HB 502 by striking the numbers 71,000 and 79,000, where the same appear in line number 6 of section 1 of said HB 502 and inserting in lieu thereof the numbers 75,484 and 75,504, respectively.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

HB 517. By Messrs. Dorsey and Brumby of Cobb:
A bill to be entitled an act to amend the act approved March 29, 1937 (Georgiol Laws 1937, p. 624), by prohibiting the operation of restaurants, cafes, trailer parks or other public eating houses (except boarding houses) in unincorporated areas without first getting authority from the county authorities; and for other purposes.
By unanimous consent HB 517 was stricken from the calendar, it being a general bill.

HB 518. By Mr. Giddens of Calhoun:
A bill to be entitled an act to require a deposit with the clerk of $10.00 with each petition for divorce as costs in Calhoun Superior Court; and for other purposes.

898

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.

H B 530. By Messrs. Cheshire and Riddlespurger of Colquitt: A bill to be entitled an act to provide in all petitions for divorce in Colquitt county a deposit of $12.00 shall be made for costs; and for other purposes.
The report 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 531. By Mr. Malone of Laurens:
A bill to be entitled an act to authorize municipal and county officials in Laurens county to license coin operated machines; and for other purposes.
The report 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 bitl having received the requisite constitutional majority was passed.

HR 82-535C. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia to authorize Fulton county, Fulton county board of education, Fulton county school district, mayor and council of the City of College Park, and any municipality or political subdivision wholly within Fulton county, to incur new debts upon the assent of two-thirds of the qualified voters in an election held for that purpose; provided those voting at such election shall be a majority of the qualified voters of the territory; and for other purposes.
Be it resolved by the General Assembly of Georgia:
SECTION 1. That Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto the following:
"The provisions with respect to the vote required to authorize new debts under this paragraph shall not apply to Fulton county, Fulton county board of education, Fulton county school district, mayor and council of the City of College Park, and

MONDAY, FEBRUARY 26, 1945

899

any municipality or political subdivision wholly within Fulton county; but any one of the above political bodies may incur such new debts with the assent of two-thirds of the qualified voters thereof, voting at an election for that purpose to be held as prescribed by law; provided that those voting at said election shall be a majority of the qualified voters of such territory. All other provisions of this paragraph of the Constitution shall, however, be applicable in such cases."
SECTION 2. Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same shall have been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this state, for two months next preceding the time of holding the next general election.
SECTION 3. Be .it further resolved 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 resolution, in the several election districts of this state, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Paragraph 1, Section 7, Article 7 of the Constitution authorizing Fulton county, Fulton county board of education, Fulton county school district ,mayor and council of the City of College Park, and any municipality or political subdivision wholly within Fulton county, to incur new debts upon assent of two-thirds of qualified voters at election for such purpose, provided those voting at such election shall be a majority of qualified voters," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to Paragraph 1, Section 7, Article 7 of the Constitution, authorizing Fulton county, Fulton county board of education, Fulton county school district, mayor and council of the City of College Park, and any municipality or political subdivision wholly within Fulton county to incur new debts upon assent of two-thirds of qualified voters at election for such purpose, provided those voting at such election shall be a majority of qualified voters." 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 b the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if amendment be ratified, make proclamation thereof.
SECTION 4. 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 ad~ption of the resolution, was agreed to.

900

JOURNAL OF THE HOUSE,

HR 82-535C 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 of Chatham Ansley Arnall of Coweta Baker Banks Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brooke Brumby Brunson Campbell Chance Chastain Cheek Cheshire Claxton Connell Conner at Cowart Crowley Dorsey of White Dupree Durden Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Gaskins Giddens Glisson Gowen Greene Greer

Griswell Guerry Guyton Hall Harden Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holleman Hollis Holloway Hooks Hubert Jackson Jennings of Sumter Johns Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Lewis Littlejohn Livingston Looper Lovett Maund McCracken McNall

Mallard Mankin Mason Matthews of Peach Moore Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley
Oden O'Sheal Overby Parham Parks Pannell Pennington Phillips Pittman of Bartow Pittman of Tift Powell Price Ray Ritchie Roughton Rowland Sapp Seagraves Sears Sheffield Sills Smiley Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Upson Sumner Swint Thompson Thrash Twitty

MONDAY, FEBRUARY 26, 1945

901

Watford Weaver Wells of Ben Hill Wells of Lincoln Williams of Appling

Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware

Willoughby Wilson Witherington Young

Those not voting were:

Adams Adamson Alexander of Carroll Almand Arnold of Spalding Bargeron Brock Broome Burch Callaway Cates Crow Culpepper Dallis DeFoor Dorsey of Cobb Dykes Ennis, J. H. Ennis, Marion Garrison Gary

Gavin Gibson Gilbert Hampton Hand Hardy of Hall Hardy of Jackson Hatchett Holbrook Holley Hurst Jennings of Terrell Kelley McCurdy Malone Mann of Henry Mann of Rockdale Manous Massey Matthews of Paulding Medders

Miller Mitchell Morrison Odom Oliver Pettit Porter Ramey Riddlespurger Rossee Seagler Shields Smith of Bryan Strickland of Pike Thornton Trotter Underwood Whaley Williams of Gwinnett Willis Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 142, the nays 0. The resolution having received the requisite constitutional majority was adopted.

HB 587. By Messrs. Smith and Hooks of Emanuel, McCracken of Jefferson, and Sills of Candler:
A bill to be entitled an act to provide a salary for the court reporter of the middle judicial circuit in lieu of other 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 126, the nays 0.
The bill having received the requisite constitutional majority was passed.

HR 83-535D. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:

902

JOURNAL OF THE HOUSE,

A resolution proposing to the quiJ.lified voters of the State of Georgia an amendment to Article 8, Section 4, Paragraph 1 of the Constitution of Georgia to provide that Fulton county shall levy a tax for educational purposes of not less than five mills nor greater than fifteen mills (as recommended by the county board of education) upon the dollar of all taxable property in the county located outside the City of Atlant!l.
Be it resolved by th.e General Assembly of Georgia:
SECTION 1. That Article 8, Section 4, Paragraph 1 of the Constitution of Georgia which has heretofore been amended shall be further amended by adding thereto the following:
"The Commissioner of Roads and Revenues of Fulton county shall levy a tax for the support and maintenance of education of not less than five mills nor greater than fifteen mills (as recommended by the county board of education) upon the dollar of all taxable property in the county located outside the City of Atlanta."
SECTION 2. Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same shall have been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this state, for two months next preceding the time of holding the next general election.
SECTION 3. Be it further resolved 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 resolution, in the several election districts of this state, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the constitution shall have written or printed on their ballots the words, "For ratification of amendment to Paragraph 1, Section 4, Article 8 of the Constitution, providing for educational tax of five to fifteen mills levied by Fulton county on property outside City of Atlanta," 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 l, Section 4, Article 8 of the Constitution, providing for educational tax of five to fifteen mills levied by Fulton county on property outside City of Atlanta. If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this state. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
SECTION 4. That all laws and parts of laws in conflict herewith be and the ~arne are hereby repealed.

MONDAY, FEBRUARY 26, 1945

903

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

HR 83-535D being a constitutional amendment requiring a two-thirds vote, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adamson Alexander of Chatham Ansley Arnall of Coweta Arnold of Spalding Baker Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby
Brunson Campbell Chance Chastain Cheek Cheshire Claxton Connell Cowart Crowley Dallis Dorsey of Cobb Dorsey of White Dupree Durden Dykes Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler

Freeman Gammage Gary Gaskins Gibson Giddens Glisson Gowen Greene Greer Griswell Guerry Guyton Hall Harden Hardy of Jackson Harrison of Screven Harrison of Wayne Hart
Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Hollis
Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Johns Kelley Kendrick

Kenimer Kennon Key King Knabb Lam Lancaster Lane Lewis Littlejohn Livingston Lovett Maund McCracken McCurdy McNall Mallard Mankin Mann of Henry Mann of Rockdale Mason Matthews of Peach Medders Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy
Nicholson Oden O'Sheal Overby Parham P'arks Pannell Pennington Pettit

904

JOURNAL OF THE HOUSE,

Phillips Pittman of Tift Powell Ramey Ray Ritchie Roughton Rowland Sapp Seagraves Sears

Sills Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Sumner Swint Thompson Thornton Thrash Twitty

Watford Weaver Wells of Ben Hill Wells of Lincoln Williams of Appling Williams of Coffee Williams of Toombs Williams of Ware Wilson Witherington Young

Those not voting were:

Adams Alexander of Carroll Almand Banks Bargeron Burch Callaway Cates Connerat Crow Culpepper DeFoor Ennis, J. H. Ennis, Marion Garrison Gavin Gilbert Hampton

Hand Hardy of Hall Harrison of Jenkins Holley Jennings of Terrell Kent Looper Malone Manous Massey :VIatthews of Paulding Miller Oakley Odom Oliver Pittman of Bartow Porter

Price Riddlespurger Rossee Seagler Sheffield Shields Smiley Strickland of Pike Strickland of Upson Trotter Underwood Whaley Williams of Gwinnett Williams of Jones Willis Willoughby Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution the ayes were 153, the nays 0. The resolution having received the requisite constitutinoal majority, was adopted.

The speaker pro tern. presented to the House Lieut. Pat Compbell, former representative of the House from Newton county, who is now serving in the Navy.

The regular order of business was continued.

HB 536. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to increase the salary of the special criminal baliff in Richmond county; and for other purposes.

MONDAY, FEBRUARY 26, 1945

905

The report 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 537. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to fix the salary of the court reporter, bailiff and stenograper of the solicitor general in Richmond 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 113, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 538. By Messrs. Holey, King and Harris of Richmond: A bill to be entitled an act to fix the salary of the 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 eyes were 117, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 544. By Messrs. Gammage and Jennings of Sumter: A bill to be entitled an act to provide for a salary for the coroner of Sumter 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.

Messrs. Gammage and Jennings of Sumter gave notice that at the proper time they would ask the House to reconsider its action in passing HB 544.

HB 549. By Messrs. Holley, Harris and King of Richmond:
A bill to be entitled an act to provide a clerk in the office of the solicitor of the city court of Augusta; and for other purposes.

906

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to ~he 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 speaker pro tern recognized the presence in the gallery of the Sixth High Grade of the J as. L. Key School, Atlanta.

HB 553. By Messrs. Wilson, Weaver and Bloodworth of Bibb:
A bill to be entitled an act to amend Paragraph II of Section VI of Article VII of the Constitution of the State of Georgia of 1877, relating to the purposes for which the taxing powers of the counties may be utilized, and as the same has heretofore been amended, revised, and changed, and as the same may contemporaneously with the adoption of this amendment or hereafter be amended, revised, and changed, and however and wherever said described section may appear in such amendment, change or revisi~m, authorizing the General Assembly to enact laws to create a retirement fund and/ or system of pension or retirement pay for all or any county em-
. ployees and officers of Bibb County, and for other purposes.
SECTION. I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: That the Constitution of the State of Georgia of 1877 and as the same has heretofore been amended, revised, or changed, and as the same may contemporaneously with the adoption of this amendment or hereafter be amended, revised, or changed, is hereby amended as follows, to wit:
By adding to Paragraph II of Section VI of Article VII relating to the purposes for which the taxing powers of the counties may be utilized, and however, and wherever said section may appear in any such amendment, change or revision, the following, to wit:
"The General Assembly shall have authority, however, to enact laws authorizing the County of Bibb, in the sole discretion of its governing authority, to create and contribute to a retirement fund and/ or a system of retirement pay, either by direct contribution to such a fund or by payment of insurance premiums, or by a combination of such methods, for all or any employees and officers who are compensated by Bibb county, and who hold their offices or positions either by election or appointment, to levy taxes for these purposes, and to enact laws establishing rules for tenure of office for such officers and employees and for other purposes consistent therewith:"
SECTION 2. Be it further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has bee~ entered on their journals, with the yeas and nays

MONDAY, FEBRUARY 26, 1945

907

taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendments to be published in one or more newspepers in each Congressional District of the 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 elecion 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 ~t 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 II of Section VI or Article VII of the Constitution of 1877 and however and whereever said section may appear in revisions of said Constitution, authorizing the Legislature to enact laws authorizing the County of Bibb to create a retirement fund and system of retirement pay for County employees of sair county.;" and all persons opponsed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Paragraph II of Section VI of Article VII of the Constitution of 1877, and however and wherever said section may appear in revisions of said Constitution, authorizing the Legislature to enact laws authorizing the County of Bibb to create a retirement fund and system of redrement pay for county employees 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 be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, is such amendment be ratified, make proclamation thereof.
SECTION 4. Be it further enacted by the authority afoesaid, 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 favoable to the passage of the bill, was agreed to.

The bill being a constitutional amendment, requmng a two-thirds constitutional majority, the roll was called and the vote was as follows:

Those not voting were:

Adams Adamson Almand Bargeron Battles Callaway

Claxton Conner at DeFoor Durden
Ennis, J. H.
Ennis, Marion

Garrison Gavin Gilbert Hampton Hand Hardy of Hall

908

JOURNAL OF THE HOUSE,

Harrison of Jenkins Hill Holley Hollis Key Lane Livingston Malone Manous

Maund Massey Matthews of Paulding Miller Odom Pannell Pittman of Bartow Riddlespurger Rossee

Roughton Seagler Shields Smiley Trotter Underwood Williams of Gwinnett Willis

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

On the passage of the bill the ayes were 158, the nays 0.

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

HB 559. By Mr. Evitt of Catoosa.
A bill to be entitled an act to provide that the Clerk of Superior Court of Catoosa county shall attend all trials in the Court of Ordinary for violation of traffic 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 115, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 563. By Dr. Witherington of Wilcox.
A bill to be entitled an act to require a deposit of $10.00 as costs in all divorce petitions filed in 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 114, the nays 0.
The bill having received the requisite constitutional majority was passed.

HR 96-568d. By Mr. Etheridge of Fulton:
A resolution authorizing the State Librarian to furnish the clerk of the Superior Court of Butts county certain copies of reports of the Supreme Court and 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 119, the nays 0.

MONDAY, FEBRUARY 26, 1945

909

The resolution having received the requisite constitutional majority was adopted.

HB 571. By Messrs. Chastain and Hart of Thomas. A bill to be entitled an act to authorize the City of Thomasville to open or close streets or alley ways, or parts 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 121, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 579. By Messrs. Etheridge, Kendrick: and Mrs. Mankin of Fulton.
A bill to be entitled an act to provide for a stenographer to be present and report proceedings before the Grand Jury 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 118, the nays 0.
.The bill having received the requisite constitutional majority was passed.

HB 586. By Messrs. Etheridge, Kendrick: and Mrs. Mankin of Fulton.
A bill to be entitled an act to provide that Atlanta and Decatur, Fulton and DeKalb counties, may build, lease or acquire joint ownership trade and vocational schools to be located within or without the limits of such municipalities, and for other purposes.
The report 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 598. By Mr. Giddens of Calhoun.
A bill to be entitled an act to provide a salary to the Sheriff of Calhoun county 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 113, the nays 0.
The bill having received the requisite constitutional majority was passed.

910

JOURNAL OF THE HOUSE,

Mr. Durden of Dou~herty moved that the House recess until 2:00 o'clock and the motion prevailed.

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

2:00 O'Clock P. M. The speaker called the House to order.

Mr. Pittman of Bartow arose on a point of personal privilege and delivered the following statement:
Mr. Speaker and Members of the House:
On last Thursday I charged the President of the Senate with being an attorney for the Georgia Power Company and representing the Georgia Power Company in the Senate. This charge was made by me in the heat of argument and at a time when I had lost my temper.
Careful investigation discloses no evidence to me that the President of the Senate is representing the Georgia Power Company.
Therefore, Mr. Speaker, I wish to withdraw the charge and to apologize to the members of the House, to the President of the Senate and the other members of the General Assembly for making the charge.
Hon. Frank C. Gross delivered the following message m reference to the mes-
sage delivered by Mr. Pittman: To the Members of the Senate:
On last Friday I lost my temper on account of charges made in the House against me by Representative Pittman of Bartow County. The charges he made are not true.
After losing my temper I charged him with graft in receiving as Chairman of the Committee on Penitentiary on the part of the Senate $2100.00 as per diem and expenses. Since getting in a good humor and comparing his expenses and per diem with the other members of the Committee in the House and Senate in this and other administrations, I find that his per diem and expenses are not out of line.
Therefore, I wish to withdraw this charge and to extend to you, to Representative Pittman and the other members of the General Assembly my apologies.
In the heat of defending myself I made other charges against Representative Pittman. I here and now wish to withdraw those charges and extend to him, to you and to the other members of the General Assembly my smcere opologies.
The following report was received and read from the Committee on Rules:
Mr. Durden of Dougherty county, Vice-Chairman of the Committee on Rules, ~ubmitted the following report:

MONDAY, FEBRUARY 26, 1945

911

Your Committee on Rules have had under consideration the following resolution of the House and have instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 103. Do Not Pass.
Respectfully submitted, Mr. Durden of Dougherty, Vice-Chairman.

Mr. Matthews of Peach moved that the House disagree to the Report of the Committee on Rules which was unfavorable to the adoption of House Resolution No. 103, the motion was lost and the Report of the Committee on Rules was not disagreed to.
Mr. Speaker:
I request that the remarks which I made on Monday, February 26, 1945, concerning the motion which I made to so change the rules of the House as to require that each and every amendment offered in the Senate and each and every change made by the Conference Committee concerning the proposed new Constitution of Georgia be amendable and debatable by the House, separately, be included in the Journal of this House. I attach to this written request, a copy of these remarks.
I request that these remarks be included in the Journal as a part of the proceedings of this House on February 26, 1945, directly after the motion made by me to disagree to the report of the Committee on Rules, which report was unfavorable to the motion made by me to change the rules of this House as stated. Mr. Speaker and Ladies and Gentlemen of the House:
I have offered an amendment to the rules of this House which so changes the rules of this House as to provide that, in the consideration by this House of an entirely new Constitution for the State of Georgia, each and every amendment offered by the Senate and each and every change made by the Conference Committee, shall be amendable and debatable separately.
On tomorrow, the Conference Committee report on the entirely new Constitu tion will be submitted by the Conference Committee to this House. I have an understanding with the Speaker of this House that when the Conference Committee report is submitted, I will be recognized to move that further consideration of the report of the Conference Committee, shall be postponed until the second Monday in January, 1946. It is my understanding that ~he members of this General Assembly are planning for an adjourned session of the General Assembly at that time.
Georgia has had, during its glorious history, seven Constitutions. These are:
(1) Constitution of 1777 (2) Constitution of 1789 (3) Constitution of 1798
(4) Constitution of 1861

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JOURNAL OF THE HOUSE,

(5) Constitution of 1865 (6) Constitution of 1868
(7) Constitution of 1877
Georgia, as a State, lived under the Constitution of 1798 for sixty-one years. We have lived under the Constitution of 1877 for approximately seventy years. Therefore, out of the one hundred and sixty-eight years since we adopted our first Constitution (which was adopted before the adoption of the Constitution of the United States), we have lived under these two Constitutions for one hundred and thirty-one years.
Not a single one of these Constitutions was written by the Legislature of the State of Georgia. Each and every one of these conventions was composed of delegates elected by the people to come to the Convention for the sole purpose of writing a Constitution. The people had no other thought in electing them other than that they were to write a Consituion. The delegates so elected had no other business at hand except the consideration of the Constitution which they were elected to write.
How many of you members of this House were elected by the people to come here to write a Constitution? Were you not rather elected as a member of the Legislature, not as a member of any proposed constitutional convention?
When Toombs, Simmons, Jenkins and others, whose names are dear to the hearts ot all Georgians, met and adopted the Constitution of 1877, they provided in no uncertain terms how the Constitution could be revised, amended or changed. They knew that the only sensible way to write a new Constitution was in a Constitutional Convention. That is the reason they placed Article 13, Section 1, Paragraph 2 in the Constitution of 1877. That provision is:
"No Convention of the people shall be called by the General Assembly to revise, amend, or change this Constitution, unless by the concurrence of two-thirds of all the members of each House of the General Assembly. The representation in said Convention shall be based on population as near as practicable."
Could anyone sensibly contend that the framers of the Constitution of 1877 contemplated or dreamed that the Leislature, composed of two separate Houses, would ever write an entirely new Constitution? It never had been done; it was not done by them in 1877, and they thought that it never would be done.
They clearly thought, and contemplated, that separate amendments might be drawn by the Legislature, and this has been done, time after time. But, to make sure that the Legislature would never seek to rewrite the whole Constitution, or even a group of laws without separate consideration of each, these framers of the Constitution of 1777 wrote therein Paragraph 8, of Section 7, of Article 3 of the Constitution, which is as follows:
"No law or ordinance shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof."
Could there be any question that this provision of the Constitution which forbids

MONDAY, FEBRUARY 26, 1945

913

nore than one subject matter, refers to Constitutional amendments, as well as ordinary laws?
Why would the words "or ordinance" be placed in this provision? There were ordinances submitted to the voters by this same Constitutional Convention in the same way that the Constitution of 1877 was submitted. Namely, by submitting to the people for ratification or rejection.
Not being satisfied with forbidding the Legislature to pass any sort of law, much less an amendment to the Constitution, which contains more than one subject matter, this Constitutional Convention of 1877, placed in the Constitution of 1877, this provision, which is contained in Section 1 of Article 13, and which ts in Paragraph 1 thereof:
"When more than one amendment is submitted at the same time, they shall be submitted as to enable the electors to vote on each amendment separately."
We see the effect of these provisions in the Constitution of 1877.
( 1) The first effect was that the people of this State should elect representatives to a Convention in the event the people wanted a new Constitution.
(2) That in so electing representatives to draft a new Constitution at a Convention, the people would have the opportunity of voting for delegates to that Convention, whose duty it should be to write a new Constitution and nothing else.
(3) The delegates elected by the people for the sole purpose of writing a new Constitution, would be a single body and would have no other business at hand except the writing of a new Constitution.
(4) These delegates so elected would not be limited as to time; would not be confused by the pressure of other business wholly outside the new Constitution and could not be subjected to all sorts of pressure.
I have the very highest regard for every member of this House and its leadership, but I do not think that it is right that a whole, new Constitution should be written for the State of Georgia under the rules that govern the deliberations of this House and of the Senate of this State.
I am frank to say to you that I do not know and I do not understand everything that is contained in the 89 pages of typewritten copy which comprises our so-called "New Constitution." I think I understand it about as well as do most of the members of this House. But, Ladies and Gentlemen of this House, can any human being, or group of human beings, in five days, properly consider the entire, fundamental Constitution, Bill of Rights, Elective Franchise, the entire Legislative Department, the entire subject of Taxation, the entire Executive Department, the entire Judiciary, the entire subject of Education, the entire subject of counties and county officers, and each and every subject, which is necessary for the functioning of a State Government?
There is hardly a provision of the Constitution of 1877 that has not been the subject matter of litigation.
I think that the thing for us to do is to leave the matter right where it is, in. a

914

JOURNAL OF THE HOUSE,

Conference Committee. It is considering forty-eight amendments which the Senate has adopted to the original "New Constitution" as passed by the House. As a matter of fact, this conference committee is largely writing our new Constitution. We can only accept or reject what they do. That is, when they bring in a single report on the entire 52 amendments, we must either accept it or reject it. We cannot change it ourselves, either in whole or in part. It is a sort of Sub-Constitutional Convention.
Wewere elected as members of the General Assembly. As such, we have undertaken to transform ourselves into a Constitutional Convention without any demand from the people. Not being satisfied with this, we have delegated our authority to a Conference Committee and we must either agree or disagree to what they do.
The Convention of 1877 was not composed of two bodies. They had separate committees framed for the sole purpose of writing a new Constitution. They had a committee on the Judiciary; they had a committee on the Legislative Department; they had a committee on the Executive Department; they had a committee on the Bill of Rights; they had a committee on the Judiciary; they had a committee on Elective Franchise.
They did not have a committee on Rules and they did not have a conference committee because they did not need either. They were not subjected to pressure and they were not limited as to time. They were organized for the sole purpose of writing a Constitution. They had nothing else before them. That is why the Constitution of 1777 has lasted for seventy years.
I appeal to you to do two things:
( 1) Amend the Rules of this House so that we can separately amend and debate each and every amendment to this document, not through a Conference Committee, but do so ourselves and be able to do this separately.
(2) That we leave this matter where it is and tomorrow, when I move to defer action further on this entire matter to next January, we do the sensible thing and do this. We can then go back home and discuss it and come back and do what our people want us to do.
Only in this way can the will of our people be carried out, because, under the guidance of the big city newspapers, the people in the cities can outvote the people in the counties.
I doubt the wisdom of rushing through a matter as important as this one. Many of our boys overseas cannot participate in the rejection or adoption of this so-called "New Constitution."
As a member of this House, I have been trying my best to vote intelligently on both the Constitutional provisions and all local bills and general bills that have come to our attention. We have all worked very, very hard during this session. I believe that in the future we will conclude that we have made a mistake unless we put off for further consideration this matter until we have time to get home and adequately consider it, item by item and talk to our people and come back and have nothing before us except the Constitution. I think the importance of this document warrants this action.

MONDAY, FEBRUARY 26, 1945

915

There were many amendments offered in the House, a~d rejected by the House, which have never been considered by the Senate. There were many amendments offered by the Senate and rejected by the Senate, which have never been considered by the House. One such amendment, so I have been indirectly advised, provided for Constitutional State-wide Prohibition. Should not the House have the right to consider this amendment? Should not the House have the right to consider all amendments offered in the Senate, whether adopted or not? If we had been sitting as a single body, in a true Constitutional Convention, such a condition as this would be impossible.
Look at the 52 amendments which were actually adopted by the Senate. We disagreed to allof them on unanimous consent. These amendments are now in Conference, in Conference Committee. Our time is now being consuiDed in consideration of general bills, local bills, bills concerning highly controversial matters, where a nod from our distinguished Governor, who has many friends in this House, can mean the difference between success or defeat for the legislation. One such bill is the bill which permits farmers to claim a refund on gasoline taxes. Some members of this House are really more interested in this bill than in the Constitution itself.
The Conference Committee is considering the 52 amendments to the Constitution. In part, this Committee is writing our Constitution, as I have stated. They are all estimable gentlemen, for whom I have the highest personal regard. But when they make their report on all 52 amendments, we will be asked to agree or disagree to all of it. We can do nothing else, because this Constitution is one amendment.
But let us suppose that these separate matters contained in the so-callel single amendment to the Constitution, and which compose all subjects possible to be passed upon by this House, were being submitted separately.
For instance, let us suppose that the separate amendment providing for a Lieutenant-Governor, was being considered separately. This House has already disagreed to this particular subject matter-that of a Lieutenant-Governor. This is an entirely new matter which has never been separately considered by this House. If it had been considered as a separate bill, or ordinance, or proposed Constitutional amendment, it would have been dead for this session, because this House disagreed to it when they disagreed to all amendments adopted by the Senate to the so-called entire new Constitution. Remember, this matter of a Lieut~nant-Governor has never been considered by this House as a separate matter. It has been charged that there is some politics in the creation of this new office. I know nothing about this-but it would be indeed remarkable if no politics is involved.
I have been treated with courtesy, fairness and respect by the Speaker of this House. He is my personal friend. But I cannot agree with him, or with anyone, that we are acting in accord with the provisions of our Constitution, which we are bound to uphold by our oath, when we proceed in this matter to write a Constitution for this State without further study.
Mr. Speaker, and Ladies and Gentlemen of the House, I thank you.

916

JOURNAL OF THE HOUSE,

Mr. Kent of Glascock 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 and resolution of the House, to-wit:

HR 62.

HB 463.

Respectfully submitted, Thos. G. Kent of Glascock, Chairman.

The speaker presented to the House Major Paul Caswell, who for the past two years and a half has been fighting in the Pacific and who has been through some of the major battles in that theatre.
Under the regular and continuing order of business the following bill of the House was taken up for consideration, read the third time and placed upon its passage:

HB 367. By Messrs. Williams of Coffee, Barwick of Grady, Sheffield of Miller, Herndon of Hart and Hinson of Jeff Davis.
A bill to be entitled an act to provide gasoline and kerosene used on farm operations shall be exempt from the gas tax, and for other purposes.
The House was resolved into the Committee of the Whole House for the consideration of HB 367 with instructions not to read the bill in its entirety and the speaker designated Mr. Durden of Dougherty as chairman thereof.
The Committee of the Whole House arose and through its chairman reported HB 367 back to the House with the recommendations that the same do pass by substitute as amended.
The following substitute was read to HB 367:
A bill to be entitled an act to amend the act approved March 18, 1937, (Ga. Laws 1937, pp. 167-207) known as the Motor Fuel Tax Law, by adding a new subsection to be known as Section 1 to provide that any person, firm or corporation who shall purphase and use gasoline for agricultural purposes as defined in the act shall be entitled to a refund of the tax thereon; to provide the method of securing the refund, to authorize the Revenue Commissioner to pay s~ch refund, to provide exceptions, to define the terms "for agricultural purposes," to provide penalty for violations of the act, to repeal conflicting laws; and for other purposes;

MONDAY, FEBRUARY 26, 1945

917

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAM:
SECTION 1. That the act approved March 18, 1937, published in Georgia Laws 1937, pp. 167-207, known as the Motor Fuel Tax Law, is hereby amended by adding a new subsection to said act known as subsection 1 of the law as codified in Section 92-1403, which shall read as follows:
"(l). Any person who shall buy in quantities of twer;ty-five gallons or more, at any time, gasoline as defined in this article, for the pur)llose of and the same is actually used as a motor fuel to operate tractors and gas engines or threshing machines for agricultural purposes, only, that is, for operating tractors or other farm equipment used exclusively in plowing, planting, harrowing, cultivating, harvesting, storing and processing, on the farms where made, agricultural farm products when such operation is not, in whole or in part, upon the public highways or streets of this State, may if the gasoline tax imposed by this article shall have previously been paid upon such gasoline, be refunded a sum equal to hte amount of said tax, formerly the refund, howev~r, not to include the sum of one cent (lc) tax going to the common schools ( 1) upon presenting to the State Revenue Commissioner an affidavit accompanied by original or top copy sales slips or invoices, or certified copies thereof, from the distributor or retail dealer, showing such purchases, together with evidence of payment thereof, which affidavit shall set forth the total amount of such gasoline purcha~es and used by such consumer, other than upon any public highways, ~treets or alleys of this State and how used, describing the machinery, equipment or appliances in which used, giving the serial number of the motor or motors and approximately the number of gallons used in each and stating whether any part of said gasoline was used in applicant's automobile or truck and such other informatiOn as the State Revenue Commissioner may deem necessary. The penalty provided for making false statement shall be printed on said statement. The St:Ite Revenuf' Commissioner upon the receipt of such statement, affidavit and such paid sales slips or invoices shall make such investigation of the correctness of facts stated, he thinks necessary and shall determine the amount due and cause to be refunded such tax paid on gasoline purchased and used as aforesaid. The right to receive any refunl under the provisions of this Article shall not be assignable and any assignment thereof shall be void and of no effect. Nor shall any payment be made to any person other than the original person entitled thereto using gasoline and hereinbefore in this section set forth: Provided, however, that the State Revenue Commissioner shall cause refund to be made under authority of this Section when application for refund is filed with the said Commissioner, quarterly, upon forms prepared and conditions made and furnished by said Commissioner. No refund will be made on the claims filed after 120 days from date of purchase or delivery; provided, that the provisions of this Act shall not apply to forestry products;
"(2). Whenever the Governor of Georgia or the Commissioner of Revenue or other person administering the duties of the office of Commissioner of Revenue shall determine that refunds are being claimed under the terms of this Act, which refunds are not made bonafide and within the spirit of said Act, it shall

918

JOURNAL OF THE HOUSE,

be within the power of either the Governor or the Commissioner of Revenue to make public proclamation of the situation as he believes it to be with reference to such refund and to suspend the operation of said act or the payment of any refund or refunds hereunder for a definite period of time for or for an indefinite period of time, and such suspension when so announced shall have the force and effect of law.
"(3). If any person shall make a false or fraudulent claim for the refund referred to herein, he shall be guilty of a felony and, upon conviction thereof,
shall be confined iP the penitentiary for not less than one and not more than two
years, and shall thereafter be denied the privilege of securing the gasoline for the purposes hereinabove provided free of the special tax levied by the State of Georgia for a period of five years.''
SECTION 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The following amendments were read and adopted:
Mr. Weaver of Bibb moved to amend House Bill No. 367 by inserting after the words "not to include the sum of one cent (lc) tax going to common schools," in Section 1 the words "and not including an additional one cent ( 1c) which shall be used as other funds realized from tax on gasoline."
Mr. Smith of Bryan moved to amend House Bill No. 367 by adding at the end of Section 1, "Provided that the provisions of this Act shall not apply to Forestry Products."
Messrs. Roughton of Washington, Pittman of Bartow, and Lovett of Laurens moved to amend House Bill No. 367 to-wit: By adding just after the word tax in line 13 of Paragraph 1 of Section 1 the word "formerly" and by adding just after the word "prepared" in line 40 of said paragraph the words, "Conditions made and," and by adding a new Section 2 to-wit: "Sufficient funds are hereby appropriated out of the State Treasury to carry out the provisions and refunds herein made and provided and the budget commission or those in charge of State funds are required and directed to pay the refund herein provided."
Mr. Raughton of Washington moved that the substitute as amended be adopted, the motion prevailed and the House adopted the substitute as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Mr. Hicks of Floyd moved that House Bill No. 367 be tabled.

Mr. Roughton of Washington moved that the House adjourn until tomorrow morning at 9 :00 o'clock.

The motion to adjourn takes precedence, and the motion prevailed.

MONDAY, FEBRUARY 26, 1945

919

The speaker presented to the House Hon.' Erskine Caldwell, author of "Tobacco Road."
The speaker announced the House adjournea until tomorrow morning at 9:00 o'clock, House Bill No. 367 going over as unfinished business.

920

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia.

Tuesday, February 27, 1945.

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 scripture reading by Representative Glisson of Evans and prayer by Representative Hooks of Emanuel.
By unanimous consent, the call of the roll was dispensed with.

Mr. Evitt of Catoosa, 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. Fortson of Wilkes arose on the point of personal privilege and addressed the House.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
( 1) Introduction of bills and resolutions. (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) Third reading and passage of uncontested local bills and resolutions. (6) First reading and reference of Senate bills.

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

HR 117-611b. By Messrs. Gilbert of Glynn, Evitt of Catoosa, Ray of Warren, Brooke and Britton of Whitfield, Connerat of Chatham, Smith of Emanuel, Pittman and P'ettit of Bartow, Etheridge of Fulton and Price of Clarke.
A resolution directing the Public Service Commission to negotiate with the army engineers for plans for relocation of the right of way of the Western and Atlantic Railroad at the site of the Allatoona Dam Project in Bartow County, and for other purposes.
Referred to the Committee on Western and Atlantic Railroad.
HB 612. By Messrs. Harris, Holley and King of Richmond.

TUESDAY, FEBRUARY 27, 1945

921

A bill to be entitled an act to authorize the board of commissioners of roads and revenues of Richmond county to levy occupation taxes and license fees in the county outside of incorporated cities, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 119-612a. By Mr. Culpepper of Fayette.
A resolution to provide that John J. Davis may file a claim with the State Board of Workmen's Compensation for injuries sustained while a doorkeeper at the 1943 session at the Georgia General Assembly, and for other purposes.
Referred to the Committee on General Judiciary No. l.

HR 120-612b. By Mr. Willis of Irwin.
A resolution proposing an amendment to Article 7, Section 2, Paragraph 7 of the Constitution to provide the County Board of Education of Irwin county may levy a tax for school purposes on all property not included in any independent school system, and for other purposes.
Rreferred to the Committee on Amendments to Constitution No. l.

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
resolution and bill of the Senate and House, and have instructed me as Chairman, to report the same back: to the House with the following recommendations:
HR l07-601a. Do Pass.
SB 139. Do Pass.
Respectfully submitted,
J. F. Hatchett of Merriwether, Chairman.

Mr. Bloodworth of Bibb county, Chairma.n 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:

'J22

JOURNAL OF THE HOUSE,

SB 186. Do Pass.

Respectfully submitted, Bloodworth of Bibb, 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:
HB 515. Do Pass.
Respectfully submitted,
Connell of Lowndes, Chairman.

Mr. Arnall of Coweta 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 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 33. Do Pass. SB 115. Do Pass. HB 382. Do Pass. HB 513. Do Not Pass.
Respectfully submitted, Arnall of Coweta, Chairman.

Mr. Oden of Pierce county, Chairman of the CommitteP. on Pensions, submitted the following report:
Mr. Speaker: Your Committee on Pensions have had under consideration the following bill

TUESDAY, FEBRUARY 27, 1945

923

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,

Oden of Pierce, Chairman.

Mr. Pittman of Bartow county, Chairman of the C::ommittee on Amendments to Constitution No. l, submitted the following report:

Mr. Speaker:

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

HR 115-608a. Do Pass.

HR 112-606a. Do Pass.

HB 222. Do Pass.

Respectfully submitted, Pittman of Bartow, Chairman.

Mr. Fortson of Wilkes county, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 113-606b. Do Pass.
Respectfully submitted, Fortson of Wilkes, 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 mr as Chairman, to report the same back to the House with the following recommendations:

924

JOURNAL OF THE HOUSE,

HB 605. Do Pass. HB 606. Do Pass. HB 609. Do Pass, HB 610. Do Pass As Amended. SB 211. Do Pass. SB 215. Do Pass. SB 216. Do Pass.
Respectfully submitted, F. H. Sills of Candler, Chairman.

Mr. Pannell of Murray county, Chairman of the Committec.- on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bill and resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 603. Do Pass.
HR 116-611a. Do Pass. Respectfully submitted,
Parnell of Murray, 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 Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 363. Do Pass by Substitute. SB 101. Do Not Pass. SB 63. Do Not Pass.

TUESDAY, FEBRUARY 27, 1945

925

SB SO. Do Not Pass. Respectfully submitted, MeNall of Chatham, Chairman.

Mr. Bloodworth of Bibb 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 607. Do Pass.

Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Bloodworth of Bibb 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 611. Do Pass.

HB 608. Do Pass.

Respectfully submitted, Bloodworth of Bibb, Chairman.

Mr. Dallis of Troup county, Vice-Chairman of the Committee on Special Appropriations, submitted the following report:

Your Committee on Special Appropriations 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 108-601 b. Do Pass.



Respectfully submitted,

Dallis of Troup, Vice-Chairman.

926

JOURNAL OF THE HOUSE,

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 and resolution of the House and have instructed me a;> Chairman, to report the same back to the House with the following recommendations:
HR 114-606c. Do Pass.
HB 604. Do Pass.
HB 595. Do P'ass.
HB 599. Do Pass.
Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Wells of Ben Hill county, Chairman of the Committee on Engrossing, sub-

mitted the following report:

Mr. Speaker:

.

.

Your Committee on Engrossing has examined, found properly engrossed and

ready for transmission to the Senate the following resolutions and bills of the House,

to-wit:

HB 458.

HB 496.

HB 536.

HB 537.

HB 538.

HB 547.

HB 549.

HB 553.

HB 559.

HB 563.

HB 571.

HB 579.



HB 586.

TUESDAY, FEBRUARY 27, 1945

927

HB 587. HB 598.
HR 82. HR 96.

Respectfully submitted, Virgil G. Wells of Ben Hill, Chairman.

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

HB 222. By Messrs. Gowen and Gilbert of Glynn.
A bill to be entitled an act to amend Article VII, Section VI, Paragraph II of the Constitution to provide a Civil Service and Pension System for employees of Glynn county, and for other purposes.

HB 363. Br. Mr. MeN all of Chatham.
A bill to be entitled an act to strike the definition of a private pond in the game and fish law and substitute a new definition, and for other purposes.
HB 382. By Messrs. Arnall of Coweta, Smith of Emanuel and Phillips of Columbia.
A bill to be entitled an act to amend the income tax laws so as to provide for the amortization of premiums paid on the purchase price of bonds where the income from such bonds is subject to Georgia State Income Tax, and for other purposes.
HB 515. By Messrs. MeN all and Alexander of Chatham.
A bill to be entitled an act to authorize electric street railroad companies to be sold by companies generating electric power without impairing their right to continu~ generating power, and for other purposes.
HB 595. By Mr. Dorsey of Cobb.
A bill to be entitled an act to exempt manufacturers using wine in manufacturing beverages, medicines, flavoring extracts or confections from payment of the tax imposed on wine where they pay occupation or license taxes, and for other purposes.
HB 599. By Mr. Campbell of Newton.
A bill to be entitled an act to require posting of notice on the court house

928

JOURNAL OF THE HOUSE,

for ten days of any application of a felony prisoner before granting a parole or pardon by the board of pardons and paroles; to provide no pardon or parole may be granted without first having the written consent of the Judge and Solicitor General of the Superior Court from which the prisoner was sentenced, and for other purposes.

HB 601. By Mr. Culpepper of Fayette.
A bill to be entitled an act to provide for the admission and maintenance of widows of confederate veterans at the confederate soldiers home; to provide maintenance at said home to be in lieu of pensions, and for other purposes.

HB 603. By Messrs. Holley, King and Harris of Richmond.
A bill to be entitled an act to provide for the appointment of a court reporter for the City Court of Augusta, and to fix the rate of compensation, and for other purposes.

HB 604. By Mr. Durden of Dougherty.
A bill to be entitled an act to repeal an act approved February 6, 1941 (Ga. Laws. 1941, p. 250-253) and to re-create and re-establish the State Hospital Authority under the act approved February 1, 1939 (Ga. Laws 1939, pp. 144-159), and for other purposes.

HB 605. By Mr. Odom of Baker.
A bill to be entitled an act to fix the bond of the Sheriff of Baker county at $6,000.00, and for other purposes.

HB 606. By Mr. Odom of Baker.
A bill to be entitled an act to fix the bonds of the Deputy Sheriffs of Baker county at $6,000.00, and for other purposes.

HB 607. By Messrs. Holleman, Shields and Young of Muscogee.
A bill to be entitled an act to amend the charter of the city of Columbus to authorize the closing of 9th Avenue between lOth Street and 11th Street and authorizing the city to sell said land, and for other purposes.

HB 608. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton. A bill to be entitled an act to authorize and create a Civil Service System for the City of Hapeville, and for other purposes.
HB 609. By Mr. Key of Jasper.

TUESDAY, FEBRUARY 27, 1945

929

A bill to be entitled an act to authorize the salary for the sheriff of Jasper county in addition to fees, and for other purposes.

HB 610. By Mr. Lewis of Hancock.
A bill to be entitled a nact to authorize a salary for the sheriff of Hancock county in addition to fees, and for other purposes.

HB 611. By Mr. Pennington of Wilkins.
A bill to be entitled an act to amend the charter of the town of Toomsboro by providing for a tax levy of 10 mills and to fix the date for the election of Mayor and Council, and for other purposes.

HR 107-601a. By Mr. Maund of Talbot.
A resolution requesting the Governor, the State School Superintendent' and the State Board of Education to suspend the rigid enforcement of the numerical attendance requisite for accrediting of grammar schools until more normal conditions return, and for other purposes.

HR 108-601b. By Mr. Gowen of Glynn.
A resolution to appropriate $2,500.00 to pay Paul M. Strickland for injuries incurred while in line of duty as a member of the Georgia National Guard, and for other purposes.

HR 112-606a. By Messrs. Alexander, Connerat and MeN all of Chatham.
A resolution proposing an amendment to Article 8, Section 4, Paragraph 1. of the Constitution to authorize Chatham county to levy a tax of 15 mills for school purposes, and for other purposes.

HR 113-606b. By Messrs. Harris of Richmond, Fortson of Wilkes, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn and McCracken of Jefferson.
A resolution committmg the State Administration to promote and make possible an expanded health program; to provide for a State Advisory Council to investigate health facilities and make recommendations to the General Assembly; commending United States Public Health Service for work done in Georgia, and for other purposes.

HR 114-606c. By Messrs. Harris of Richmond, Culpepper of Fayette, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn and McCracken of Jefferson.
A resolutio~ directing the Governor to contract for special rates for publica-

930

JOURNAL OF THE HOUSE,

tion of the amendment revising the Constitution of 1877, and for other purposes.

HR 115-608a. By Messrs. Broome, Hubert and McCurdy of DeKalb.
A resolution proposing an amendment to the Constitution to authorize DeKalb county to levy a tax of 5 mills within the territorial limits of local school districts to be expended for school purposes within the local school district, and for other purposes.

HR 116-61la. By Mr. Hand of Mitchell.
A resolution to relieve F. B. West as surety on the bond of Henry West in Worth Superior Court, and for other purposes.
SB pS. By Senator Millican of the 52nd.
A bill to be entitled an act to amend the motor fuel tax act by providing information, records and reports required under chapter 92-14 titled "Motor Fuel and Kerosene," shall be exempt from the provisions of this act, and for other purposes.

SB 139. By Senators Harrell of the 7th and Branch of the 47th.
A bill to be entitled an act authorizing the State Board of Education to receive Federal funds or other funds for adult education, and for other purposes.

SB 186. By Senator Millican of 52nd.
A bill to be entitled an act to amend the charter of the city of Atlanta to provide how employees and officers of the police, fire, and education department, Carnegie Library and its branches may come under the Civil Service System, and to provide for classification of employees, and for other purposes.

SB 211. By Senator Walker of the 45th.
A bill to be entitled an act to create a joint Airport Commission for the city of Fitzgerald and county of Ben Hill, and for other purposes.

SB 215. By Senators Bennett of the 17th, Stone of the 15th, and Gillis of the 16th.
A bill to be entitled an act to establish a P'ublic School District for Sylvania; to define the boundaries of same; to authorize the issuance of bonds for school improvements, and for other purposes.

SB 216. By Senator Millican of the 52nd.

JOURNAL OF THE HOUSE,

931

A bill to be entitled an act to establish a Parks and Recreation Commission in Fulton county; to prescribe the powers and duties of the Commission, and for other purposes.

SR 33. By Senator Smith of the 24th.
A resolution by the Senate, the House concurring, that the State Revenues Commissioner be authorized and directed to sell contraband articles which law requires him to seize, etc., and for other purposes.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 135. By Senators Causey of the 46th, and Harrell of the 7th.
A bill to be entitled an act authorizing county Board of Education to provide transportation for pupils and school employees, and for other purposes.

SB 148. By Senator Harrell of the 7th, and others.
A bill to be entitled an act to amend the Code of Georgia of 1933 relating to election, and for other purposes.

SB 153. By Senator Millican of the 52nd.
A bill to be entitled an act to amend the Code of Georgia of 1933 by providing a maximum rate of interest which may be charged when property is pledged or pawned, and for other purposes.

SB 155. By Senator Drake of the 8th, and others.
A bill to be entitled an act to amend the Code of Georgia of 1933 relating to the place of holding mass meetings, and for other purposes.

SB 156. By Senator Welsch of the 39th.
A bill to be entitled an act to amend Chapter 26-81 of the Code by providing a new section making it a misdemeanor for any person to empty trash on a public highway, and for other purposes.

SB 179. By Senator Millican of the 52nd.
A bill to be entitled an act to provide for employees of the Hospital Authority, and for other purposes.

932

JOURNAL OF THE HOUSE,

SB 228. By Senator Millican of the 52nd.
A bill to be entitled an act to supplement the salaries of the Judges of the Superior Court of Fulton county, and for other purposes.

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

HB 286. By Messrs. Dorsey and Brumby of Cobb.
A bill to be entitled an act amending Section 21-105 of the Code of 1933, providing that coroners in counties having a population of not less than 37,000 and not more than 41,000 shall receive a salary of $600.00 per year, and for other purposes.

HB 410. By Mr. Manous of Cherokee.
A bill to be entitled an act to provide a deposit of $10.00 as costs in all divorce suits filed in Cherokee county, and for other purposes.

HB 451. By Mr. Green of Lanier.
A bill to be entitled an act amending an act approved August 11, 1925; by striking Section 8 of said act and substituting a new Section 8 by changing the method of electing aldermen to fill a vacancy; and for other purposes.

HB 497. By Mr. Watford of Long.
A bill to be entitled an act creating the City Court of Ludowici in and for Long county, Georgia, and for other purposes.

HB 505. By Messrs. Holley, King and Harris of Richmond.
A bill to be entitled an act to provide for the salary of the Solicitor General of the Augusta Circuit, and for other purposes.

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

SB 162. By Senator Stone of the 15th.
A bill to be entitled an act amending Section 32-937 of the Georgia Code of 1933 relating to free tuition, age limits for children entering the common schools, and for other purposes.

TUESDAY, FEBRUARY 27, 1945

933

SB 169. By Senator Millican of the 52nd.
A bill to be entitled an act providing that counties having a population of more than two hundred thousand (200,000) by the United States Census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of county police department, and for other purposes.

SB 182. By Senator Walker of the 45th.
A bill to be entitled an act providing that counties having a population of not less than 14,523 and not more than 14,527, now having probation officers, that county commissioners shall approve his appointment, and for other purposes.

SB 202. By Senator Millican of the 52nd.
A bill to be entitled an act amending an act approved February 15, 1933, to provide for a pension for members of police department, and for other purposes.

SB 209. By Senator Walker of the 45th.
A bill to be entitled an act to provide the Senatorial Exec~tive Committee of the 45th Senatorial District shall make rules and regulations to govern the nomination of candidates for state senator of said district, and for other purposes.

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

SB 142. By Senators Causey of the 46th and Harrell of the 7th.
A bill to be entitled an act to repeal Code Sections 34-1401, 02, 03 and paragraph 7 of Section 40-60, providing the Secretary of State shall furnish ballots to the ordinaries, and for other purposes.

SB 145. By Senators Causey of the 46th and Harrell of the 7th.
A bill to be entitled an act establishing an optional method to condemn rights of way by the State Highway Department, and for other purposes.

SB 151. By Senator Edenfield of the 2nd, and others.
A bill to be entitled an act to amend an act by vesting in the director of the State Highway Department, the authority to acquire and operate airports, and for other purposes.

934

JOURNAL OF THE HOUSE,

SB 167. By Senator Millican of the 52nd.
A bill to he entitled an act repealing in its entirety an act to prevent the practice of fraud in the sale and use of oleomargarine, and for other purposes.

SB 177. By Senators Deal of the 49th and Branch of the 47th.
A bill to be entitled an act authorizing patrolmen of the Department of Public Safety to sieze and destroy slot machines, and for other purposes.

SB 200. By Senator Daves of the 14th, and others.
A bill to be entitled an act to amend the Code so asto provide license tags from destroyed vehicles may be transferred to other motor vehicles, and for other purposes.

SB 201. By Senator Millican of the 52nd.
A bill to be entitled an act providing that certain cities shall furnish pensions to members of fire departments in active service, and for other purposes.

SB 217. By Senator Grayson of the 1st.
A bill to be entitled an act placing the State Guard under the Military Department, and for other purposes.

SB 206. By Senator Branch of the 47th.
A bill to be entitled an act to regulate the payment in advance of costs m divorce cases in certain counties, and for other purposes.

SB 149. By Senators Harrell of the 7th, and Causey of the 46th.
A bill to be entitled an act repealing Code Section 95-1715 and substitute a new section providing that the State Highway Department may condemn property for public roads to the width of 200 feet, and for other purposes.

By unanimous consent the following bills and resolutions of the Senate were introduced, read the first time and reported to the committee.
SB 78. By Senators Grayson of the 1st, Drake of the 8th, Stone of the 15th, Greene of the 21st, Minchew of the 5th, Hodges of the 26th, Holsenbeck of the 27th, Rainey of the 11th, Freeman of the 22nd, and Harrell of the 7th.
A bill to be entitled an act to amend an act fixing the duties, bond, compensation and assistants of the Adjutant General; by striking the language fixing the compensation of the Adjutant General, and substituting other

TUESDAY, FEBRUARY 27, 1945

935

language therefor, so as to increase the compensation of the Adjutant General; and for other purposes.
Referred to the Committee on Military Affairs.

SB 85. By Senator Welborn of the 40th.
A bill to be entitled an act to amend Code Section 34-103, providing for the oath required in order to qualify electors; to substitute the figures "18" for the figures "21" in the third line of said Code Section; to require the elector to state his political party affiliation; and for other purposes.
Referred to the Committee oQ State of Republic.

SB 94. By Senators Gillis of the 16th, Edenfield of the 2nd, and Gould of the 4th.
A bill to be entitled an act to provide that the license fees levied on commercial fishing boats shall run from January 1 to December 31 of the year issued, and for other purposes.
Referred to the Committee on Game and Fish.

SB 95. By Senators Gillis of the 16th, Edenfield of the 2nd, and Gould of the 4th.
A bill to be entitled an act to regulate the commercial gathering of oysters and to provide for a license and State health certificate; and for other purposes.
Referred to the Committee on Game and Fish.

SB 96. BySenators Gillis of the 16th, Edenfield of the 2nd, and Gould of the 4th.

A bill to he entitled an act to authorize the State Game and Fish Commis-

sioner to purchase an aeroplane to patrol the coastal waters of this State,

and for other purposes.

.

Referred to the Committee on Game and Fish.

SB 97. By Senators Gillis of the 16th, Edenfield of the 2nd, and Gould of the 4th.
A bill to be entitled an act to amend an act to regulate and control the sanitation of oysters and oyster beds, planting and re-planting, growing, collection or gathering of oysters in the State of Georgia; and for other purposes.
Referred to the Committee on Game and Fish.

SB 124. By Senators Gross of the 31st, Stone of the 15th, Harrell of the 7th, Branch of the 47th, and Millican of the 52nd.
A bill to be entitled an act to repeal Chapter 101-1 of the Code and enact

936

JOURNAL OF THE HOUSE,

a new Chapter 101-1 providing for a Department of State Library; how appointed, term of office and qualifications, and for other purposes.
Referred to Committee on Public Library.

SB 135. By Senators Causey of the 46th, and Harrell of the 7th.
A billto be entitled an act authorizing county Board o Education to provide transportation for pupils and school employees, and for other purposes.
Referred to Committee on Education No. 1.

SB 167. By Senator Millican of the 52nd.
A bill to be entitled an act to repeal in its entirety an act to prevent the practice of fraud upon the public in the sale and use of oleomargarine approved September 21, 1883 (Georgia Laws 1882-3, Page 124), and for other purposes.
Referred to Committee on General Agriculture No. 1.

SB 177. By Senators Deal of the 49th, and Branch of the 47th.
A bill to be entitled an act to authorize patrolmen or other employees of the
Department of Public Safety, and employees authorized by the Commissioner of Revenues to seize, confiscate and destroy slot machines, and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 179. By Senator Millican of the 52nd.
A bill to be entitled an act to provide for employees of the Hospital Authority, and for other purposes.
Referred to Committee on State of Republic.

SB 200. By Senators Daves of the 14th, Millican of the 52nd, Smith of the 24th, and

Freeman of the 22nd.



A bill to be entitled an act to amend Code Section 92-2907 to provide license
tags from destroyed or retired motor vehicles may be transferred to another
motor vehicle upon payment of 50 cents, and for other purposes.

Referred to Committee on Motor Vehicles.

SB 201. By Senator Millican of the 52nd. A bill to be entitled an act to amend the Pension Act for the Atlanta fire

TUESDAY, FEBRUARY 27, 1945

937

department to increase the amounts of pensions to he paid pensioners after twenty-five years of service, and for other purposes.
Referred to Committee on Municipal Government.

SB 206. By Senator Branch of the 47th.
A hill to he entitled an act to provide in all divorce petitions filed in Colquit county a deposit of $12.00 shall he made as cost, and for other purposes.
Referred to Committee on Counties and County Matters.

SB 217. By Senator Grayson of the 1st.
A hill to he entitled an act placing the State Guard under the military department of the State; fixing the date for the termination of the State Guard organizaion, and for other purposes.
Referred to Committee on Military Affairs.

SB 228. By Senator Millican of the 52nd.
A hill to he entitled an act to supplement the salaries of the judges of the Superior Court of Fulton county, and for other purposes.
Referred to Committee on Special Judiciary.

SB 142. By Senators Causey of the 46th, Harrell of the 7th.
A hill to he entitled an act to repeal Code Sections 34-1401, 34-1402, 34-1403 and paragraph 7 of Section 40-601 and to re-enact a new paragraph 7 of Section 40-601 providing the Secretary of State shall furnish ballots, forms and tally sheets to the ordinaries, and for other purposes.
Referred to the Committee on Privileges and Elections.

SB 145. By Senators Causey of the 46th, and Harrell of the 7th.
A hill to he entitled an act establishing an optional method to condemn rights of way by the State Highway Department and counties, and for other purposes.
Referred to the Committee on Public Highway No. 1.

SB 148. By Senators Harrell of the 7th, and Causey of the 46th.
A hill to he entitled an act to amend Subsections 9, 10, 11, 12, and 13 of Section 34-1303 of the 1933 Code of Georgia which relate to elections; and for other purposes.
Referred to Committee on Privileges and Elections.

938

JOURNAL OF THE HOUSE,

SB 149. By Senators Harrell of the 7th, and Causey of the 46th.
A bill to be entitled an act repealing Code Section 95-1715 and substituting a new section to authorize the State Highway Department to condemn property for public roads to the width of 200 feet and may condemn property for borrow pits, and for other purposes.
Referred to Committee on State of Republic.

SB 151. By Senators Edenfield of the 2nd, and Gould of the 4th.
A bill to be entitled an act to amend an act to amend an act approved March 27, 1941 (Georgia Laws 1941, p. 237-238) by vesting in the Director of the State Highway Department the authority to acquire, build and operate airports, and for other purposes.
Referred to the Committee on Public Highway No. I.

SB 153. By Senator Millican of the 52nd.
A bill to be entitled an act to amend Code Section 12-601 by providing a maximum rate of interest which may be charged when property is pledged or pawned, and for o.ther purposes.
Referred to Committee on General Judiciary No. 1.

SB 155. By Senators Drake of the 8th, and Freeman of the 22nd.
A bill to be entitled an act to amend Section 34-3402 of the Code of Georgia of 1933, relating to the place of holding mass meetings or conventions, by adding after the word "courthouse" in the third line of said section, the words "or municipal auditorium"; and for other purposes.
Referred to Committee on Privileges and Elections.

SB 156. By Senator Welsch of the 39th.
A bill to be entitled an act to amend Chapter 26-81 of the Code to provide a new Section to be known as Section 26-8117, to make it a misdemeanor, to empty, dump, or otherwise place trash, garbage, or other discarded materials upon the right-of-way of any public road, or highway, and for other purposes.
Referred to Committee on Public Highway No. 1.
By unanimous consent, the following bills of the Senate were taken up for consideration, read the third time and placed upon their passage:

SB 193. By Senator Cook of the 42nd.

TUESDAY, FEBRUARY 27, 1945

939

A bill to be entitled an act to amend the charter of the city of Summerville by extending the city limits, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 214. By Senators Bennett of the 17th, Stone of the 15th and Gillis of the 16th.
A bill to be entitled an act to amend the charter of the city of Sylvania to create a public school system and provide for a board of trustees and authorizing the levy of a 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 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 118. By Messrs. Harris of Richmond and Almand of Walton.
A RESOLUTION
WHEREAS, the members of the House of Representatives have just been informed of the death of the mother of our distinguished colleague from Clayton county, the Honorable Lamar Adamson;
THEREFORE, be it resolved by the House that our deepest sympathy be and the same is hereby extended to the Honorable Lamar Adamson in this hour of sadness and bereavement.
BE IT FURTHER RESOLVED, that these Resolutions be spread upon the record and a copy be sent to the Honorable Lamar Adamson.

Mr. Gammage of Sumter asked unanimous consent that the House reconsider its action in passing the following bill of the House to-wit:

HB 544. By Messrs Gammage and Jennings of Sumter. A bill to be entitled an act to provide for a salary for the coroner of Sumter county, and for other purposes.
The unanimous consent was granted and House Bill No. 544 was reconsidered.
As unfinished business of yesterday's session, the following bill of the House was taken up for further consideration:

940

JOURNAL OF THE HOUSE,

HB 367. By Messrs. Williams of Coffee, Barwick of Grady, Sheffield of Miller, Herndon of Hart and Hinson of Jeff Davis.

A bill to be entitled an act to provide gasoline and kerosene used on farm operations shall be exempt from the gas tax, and for other purposes.

On the motion to table House Bill No. 367 the ayes were 43, the nays 65. The motion failing to receive a majority, was lost.

On the passage of the bill, by substitute, as amended, the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were:

Ansley Bargeron Barrett Barwick Battles Black Bloodworth of Bibb Bloodworth of Houston Brunson Burch Cates Chance Chastain Cheek Cheshire Connell Conner at Cowart Crowley DeFoor Dorsey of White Dupree Durden Dykes Evitt Gammage Garrison Gaskins Glisson Greene Guyton Harden Hardy of Jackson Harrison of Screven Harrison of Wayne

Hart Hinson of Jeff Davis Holbrook Hollis Holloway Hooks Jackson Jennings of Sumter Jennings of Terrell Johns Kelley Kenimer Kennon Lancaster Lewis Livingston Looper Lovett McCracken McNall Mallard Malone Mankin Mann of Rockdale Mason Matthews of Paulding Matthews of Peach Medders Miller Moore Morrison Mosley Mays of Brooks Moye of Randolph Oden

Odom Overby Parham Pannell Pennington Pettit Pittman of Bartow Pittman of Tift Powell Ramey Ritchie Roughton Rowland Sapp Seagler Seagraves Sheffield Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Swint Thompson Thornton Thrash Watford Weaver Wells of Lincoln Williams of Coffee Williams of Toombs Wilson Witherington Young

TUESDAY, FEBRUARY 27, 1945

941

Those voting in the negative were:

Alexander of Chatham Almand Arnall of Coweta Baker Boynton Britton Brock Brooke Broome Brumby Campbell Claxton Dallis Dorsey of Cobb Ennis, Marion Etheridge of Butts Etheridge of Fulton Fortson

Gary Gibson Giddens Gilbert Gowen Greer Guerry Harrison of Jenkins Herndon Hicks Hill Hinson of Ware Holleman Holley Hubert Hurst Kendrick

Key King Lam Maund Mitchell Murphy Nicholson O'Shea! Phillips Price Shields Sumner Wells of Ben Hill Whaley Williams of Appling Williams of Jones Williams of Ware

Those not voting were:

Adams Adamson Alexander of Carroll Arnold of Spalding Banks Beddingfield Callaway Crow Culpepper Ennis, J. H. Fowler Freeman Gavin Griswell Hall Hampton

Hand Hardy of Hall Hatchett Hefner Herrin Hogg Kent Knabb Lane Littlejohn McCurdy Mann of Henry Manous Massey Mullinax Oakley

Oliver Parks Porter Ray Riddlespurger Rossee Sears Sills Strickland of Upson Trotter Twitty Underwood Williams of Gwinnett Willis Willoughby

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

On the passage of the bill, by substitute, as amended, the ayes were 105, the nays 52.
The bill having received the requisite constitutional majority, was passed by substitute, as amended.

By unanimous consent the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

942

JOURNAL OF THE HOUSE,

HB 602. By Mr. Sills of Candler.
A bill to be entitled an act to amend an act providing compensation for the sheriff of Candler county, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 340. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton. A bill to be entitled an act to repeal the civil service system for Fulton county police, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, the nays 0. The bill having received the requisite constitutional majority was passed.
The Speaker presented to the House Bishop Arthur J. Moore of Atlanta.

The Speaker recognized the presence in the gallery of the Public Speaking Class of Tech High School, Atlanta.
The following resolution of the House was taken up for the purpose of considering the report of the Committee on Coference thereto:

HR 11-19c. By Messrs. Harris of Richmand, Durden of Dougherty, Culpepper of Fayette, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson and Arnold of Spalding.
A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto, and for other purposes.
Mr. Matthews of Peach moved that the House postpone action on House Resolution No. 11-19c until the second Monday in January, 1946. On the motion to postpone action on House Resolution No. 11-19c the ayes were 7, the nays 114, and the motion was lost.
At the request of Mr. Matthews of Peach the following was ordered to be recorded in the Journal:
Mr. Matthews of Peach moves that:
"Whereas, it has been generally understood and indicated by our distinguished

TUESDAY, FEBRUARY 27, 194S

943

Speader that, if the Legislature could complete its work by Saturday, March 3, 194S, that said General Assembly would re-convene on the second Monday in January, 1946; and
Whereas, in the few remaining days this House could not adequately consider both the proposed new Constitution, known as House Resolution No. 11, and also the many I_Jills in which the members of the House are interested;
It is moved that further consideration of the report of the Conference Committee on House Resolution No. ll be postponed until the second Monday in January, 1946, at 10:00 A. M."

The following report of the Committee on Conferl'"nce was read:
Mr. President, Mr. Speaker:
Your Committee on conference on House Resolution No. ll-l9c have agreed as follows, to-wit:
( l) That the House agree to the Senate Amendment numbered l, striking Paragraph III of Section III of Article I.
(2) That the Senate recede from its position on the Senate Amendment numbered 2, amending Paragraph I of Section V of Article II, and that the House recede from its position and that a new Paragraph I of Section V of Article II be inserted to read as follows, to-wit:
"Paragraph I. The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in the area in which such election is held and prescribe punishment for any violation of the same."
(3) That the Senate recede from its position on the Senate Amendment numbered 3, re-writing Paragraph VI of Section IV of Article III and that the said amendment be rejected.
(4) That the House and Senate both recede from their positions on Senate Amendment numbered 4 to P'aragraph II of Section V of Article III. That said amendment be rejected and that Paragraph II of Section V of Article III be striken and rewritten to read as follows:
"Paragraph II. PRESIDENT. The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of the death, resignation or disability of the President, or in the event of his succession to the executive power."
(S) That the Senate recede from its position on the Senate Amendment numbered S to Paragraph XIII of Section VII of Article III and that the Senate Amendment be rejected.
(Sa) That the Senate and the House both recede from their positions on the Senate Amendment numbered SA and that the first sentence in Paragraph XV of Section VII of Article III be striken and the following sentence inserted in lieu thereof, to~wit:

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JOURNAL OF THE HOUSE,

"No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly."
(6) That the House and Senate both recede from their positions on the Senate Amendment numbered 6 to Faragraph I of Section VIII of Article IIi, that the Senate Amendment be rejected and that said Paragraph be striken and a new Paragraph I be inserted to read as follows:
"Paragraph I. OFFICERS OF THE TWO HOUSES. The officers of the two Houses, other than the President of the Senate and Speaker of the House, shall be a President Pro Tempore and Secretary of the Senate and Speaker Pro Tempore and Clerk of the House of Representatives, and such assistants as each House may provide for."
(7) That the House recede from its position on the Senate Amendment numbered 7 to Paragraph I of Section IX of Article III and that the Senate Amendment be adopted.
(8) That the Senate recede from its position on the Senate Amendment numbered 8 to Paragraph I of Section X of Article III and that the Senate Amendment be rejected.
(9) That the House recede from its position to the Senate Amendment numbered 9 to Paragraph I of Section I of Article IV and that the Senate Amendment be adopted.
( 10) That the Senate recede from its position on the Senate Amendment numbered 10 to Paragraph III of Section IV of Article IV and that said amendment be rejected.
( 11) That the Senate recede from its position on the Senate Amendment numbered 11 and that the said amendment be rejected.
( 12) That the Senate recede from its position on the Senate Amendment numbered 12 to Paragraph III of Section I of Article V and that the said amendment be rejected.
( 13) That the Senate recede from its position on the Senate Amendment numbered 13 to Paragraph IV of Section I of Article V and that said amendment be rejected.
(14) That the House and Senate both recede from their positions on the Senate Amendment numbered 14 to Paragraph VII of Section I of Article V, that said amendment be rejected and that said Paragraph VII be striken and a new Paragraph VII be inserted in lieu thereof to read as follows:
"Paragraph VII. LIEUTENANT GOVERNOR. SUCCESSION TO EXECUTIVE POWER. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate, and shall receive the sum of $2,000.00 per annum. In case of the death, resignation, or disability of the Governor, the Lieu-

TUESDAY, FEBRUARY 27, 1945

945

tenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election for members of the General Assembly, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. A Lieutenant Governor shall be elected at the general election in 1946 and shall qualify at the same time as the Governor. Until the quaification of a Lieutenant Govenror the provisions of
Article V, Section I, Paragraph VII of the Constitution oi Georgia of 1877 shall
remain of full force and effect."
(15) That the House recede from its position on the Senate Amendment numbered 15 to Paragraph VIII of Section I of Article V and that the said amendment be adopted.
(16) That the Senate recede from its position on the Senate Amendment numbered 16 to Paragraph X of Section I of Article V and that the said amendment be rejected.
(17) That the Senate recede from its position on the Senate Amendment numbered 17 to Paragraph XV of Section I of Article V and that the said amendment be rejected.
(18) That the House recede from its position on the Senate Amendment numbered 18 to Paragraph V of Section II of Article V and that the said amendment be adopted.
(19) That the Senate recede from its position on the Senate Amendment numbered 19 striking Section IV of Article V in its entirety and that the said amendment be rejected.
(20) That the Senate recede from its position on the Senate Amendment numbered 20 to Paragraph I of Section V of Article V and that the said amendment be rejected.
(21) That the House recede from its position on the Senate Amendment numbered 21 to Paragraph I of Section VI of Article V and that the said amendment be adopted.
(22) That the Senate recede from its position on the Senate Amendment numbered 22 adding a new Section to Article V and that the said amendment be rejected.

946

JOURNAL OF THE HOUSE,

(23) That the Senate recede from its position on the Senate Amendment numbered 23 and that the said amendment be rejected.
(24) That the House recede from its position on the Senate Amendment numbered 24 to Paragraph IV of Section II of Article VI and that the said amendment be adopted.
(25) That the House recede from its position on the Senate Amendment numbered 25 to Paragraph VIII of Section II of Article VI and that the said amendment be adopted.
(25a) That the Senate recede from its position on the Senate Amendment numbered 2Sa to Paragraph VIII of Section IV of Article VI and that the said amendment be rejected.
(26) That the Senate recede from its position on the Senate Amendment numbered 26 amending Paragraph II of Section VI of Article VI and that the said amendment be rejected.
(27) That the Senate recede from its position on the Senate Amendment numbered 27 to Paragraph I of Section X of Article VI and that the said amendment be rejected.
(28) That the House recede from its position on the Senate Amendment numbered 28 to Paragraph I of Section XII of Article VI and that the said amendment be adopted.
(29) That the House recede from its position on the Senate Amendment numbered 29 to Paragraph I of Section XII of Article VI and that the said amendment be adopted.
(30) That the House recede from its position on the Senate Amendment numbered 30 to Paragraph II of Section XII of Article VI and that the said amendment be adopted.
(31) That the Senate recede from its position on the Senate Amendment numbered 31 to Paragraph II of Section XVI of Article VI and that the said amendment be rejected.
(32) That the Senate recede from its position on the Senate Amendment numbered 32 to Paragraph IV of Section I of Article VII and that the said amendment be rejected.
(33) That the Senate recede from its position on the Senate Amendment numbered 33 to Paragraph IV of Section I of Article VII and that the said amendment be rejected.
(34) That the House and Senate both recede from their positions on the Senate Amendment numbered 34 and that Paragraph IV of Section I of Article VII be and the same is hereby amended by striking from the third unnumbered paragraph of said Paragraph IV the first sentence in its entirety and inserting in lieu thereof the following language, to-wit:
"The Homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner

TUESDAY, FEBRUARY 27, 1945

IJ47

primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, county and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, sho~ld the owner of a dwelling house own a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract."
(35) That the Senate recede from its position on the Senate Amendment numbered 35 to Section I of Article VII and that the said amendment be rejected.
(36) That the Senate recede from its position on the Senate Amendment numbered 36 inserting a new Paragraph V in Section II of Article VII and that the said amendment be rejected.
(37) That the Senate recede from its position on the Senate Amendment numbered 37 to Paragraph I of Section IV of Article VII and that the said amendment be rejeCted.
(38) That the Senate recede from its position on the Senate Amendment numbered 38 to Paragraph I of Section IV of Article VII and that the said amendment be rejected.
(39) That the House recede from its position on the Senate Amendment numbered 39 to Paragraph I of Section V of Article VII and that the said amendment be adopted.
( 40) That the House recede from its position on the Senate Amendment numbered 40 to Paragraph I of Section VII of Article VII and that the said amendment be adopted.
(41) That the House and Senate recede from their positions on the Senate amendment numbered 41 to Paragraph V of Section VII of Article VII. That the Senate amendment be rejected. That Paragraph V of Section VII of Article VII as adopted by the House be striken from House Resolution No. ll-l9c and the following Paragraph V be inserted in lieu thereof:
"Paragraph V. REVENUE ANTICIPATION OBLIGATIONS. Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31st, 1937, known as the "Revenue Certificate Laws 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, and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivision, and shall not be deemed debts of, or to create debts against, the issuing political subdivision within the meaning of this paragraph or any other of this Constitution. This authority shall

948

JOURNAL OF THE HOUSE,

apply only to revenue anticipation obligations issued to provide funds for the purchase, 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 to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, togeth~r with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, and provided further that a majority of the registered voters of such county, municipal corporation or political subdivision affected shall vote in said election, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof."
(42) That the House and Senate both recede from their positions on the Senate Amendment numbered 42 to Paragraph V of Section VII of Article VII, that the said amendment be rejected, and that the following be added at the end of Paragraph V of Section VII of Article VII as amended, to-wit:
"Provided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions shall purchase, construct or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county in which the municipality or political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities."
(43) That the House recede from its position on the Senate Amendment numbered 43 to Paragraph I of Section X of Article VII and that the said amendment be adopted.
(44) That the Senate recede from its position on the Senate Amendment numbered 44 to Paragraph I of Section V of Article VIII and that said amendment be rejected.
(45) That the House and Senate both recede from their positions on Senate Amendment numbered 45, that said amendment be rejected and that the following be submitted. Paragraph I of Section VII of Article VIII is hereby strik:en in its entirety and that the following paragraph I is hereby inserted in lieu thereof, to-wit:
"Paragraph I. INDEPENDENT SYSTEMS CONTINUED; NEW SYSTEMS PROHIBITED. Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established."
(46) That the Senate recede from its position on Senate Amendment numbered

TUESDAY, FEBRUARY 27, 1945

949

46 to Paragraph I of Section X of Article VIII and that the said amendment be rejected.
(46a) That the Senate recede from its position on Senate Amendment numbered 46a to Paragraph I of Section I of Article XIII and that the said amendment be rejected.
(47) That the House recede from its position on the Senate Amendment numbered 47 to Paragraph II of Section I of Article XIV and that the said amendment be adopted.
(48) That the House and Senate both recede from their positions on the Senate Amendment numbered 48, that the same be rejected and that Paragraph I of Section I of Article XV be striken in its entirety and that the following be inserted in lieu thereof:
"Paragraph I. The General Assembly shall provide for uniform systems of county and municipal government, and provide for optional plans of both, and shall provide for systems of initiative, referendum and recall in some of the plans for both county and municipal governments. The General Assembly shall provide a method by which a county or municipality may selecte one of the optional uniform systems or plans or reject any or all proposed systems or plans."
(49) That the House recede from its position on the Senate Amendment numbered 49 to Section II of the Resolution and that the said amendment be adopted.
Respectfully submitted,
Senator Harrell of 7th Wm. B. Freeman of 22nd C. T. Edwards of 28th
Conferees on the Part of the Senate.
Culpepper of Forsyth Durden of Dougherty Gowen of Glynn
Conferees on the Part of the House.

On the adoption of the report of the Committee of Conference the ayes and nays were ordered and the vote was os follows:

Those voting in the affirmative were:

Adam~
Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Baker Banks Bargeron

Barrett Barwick Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke

Broome Brumby Brunson Burch Campbell Cates Chance Chastain Cheek Cheshire

950
Claxton Connell Conner at Cowart Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage bar rison Gary Gaskins Gibson Giddens Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hall Hampton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon

TUESDAY, FEBRUARY 27, 1945

Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Lewis Littlejohn Livingston Maund McCracken McCurdy McNall Mallard Mankin Mann of Rockdale Mason Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Morrison Mosley

Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden O'Sheal Overby Parham Parks Pannell Pettit Phillips
Pittman of Bartow P'ittman of Taft Price Ramey Ray Ritchie Roughton Rowland Sapp
Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thornton Thrash Twitty Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling

TUESDAY, FEBRUARY 27, 1945

951

Williams of Gwinnett Williams of Jones Williams of Toombs

Williams of Ware Willis Willoughby

Wilson Witherington Young

Those voting in the negative were:

Battles

Herrin

Pennington

Those not voting were:

Adamson Callaway Crow Ennis, J. H. Gavin Looper Lovett

Malone Mann of Henry Manous Massey Odom Oliver Porter

Powell Riddlespurger Rossee Seagler Trotter Underwood Williams of Coffee

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 180, the nays 3.
The report of the Committee of Conference having received the requisite constitutional two-thirds majority, was adopted.

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

HB 279. By Messrs. Durden of Dougherty and Hand of Mitchell.
A bill to be entitled an act to repeal paragraph 3 of Code Section 4-214 and substitute a new paragraph 3 relating to powers of Attorney granted by persons serving in the armed forces and to provide said powers of attorney shall not be revoked by death of the principal where agent acts without actual notice of said death, and for other purposes.
The report 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 280. By Messrs. Durden of Dougherty and Hand of Mitchell.
A bill to be entitled an act to amend an act approved March 20, 1943 (Ga. Laws 1943, pp. 421-422) by adding a new sub-section (1) to provide for the

952

JOURNAL OF THE HOUSE,

acknowledgment of instruments, the attestations of documents, administration of oath, and other purposes.
The report 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 281. By Messrs. Durden of Dougherty and Hand of Mitchell.
A bill to be entitled an act to amend Chapter 113-6 of the Code by adding a new Code Section provided that if subscribing witnesses to a will are absent in the armed forces, or dead or incapable of testifying, the court may admit the will to probate upon testimony of two disinterested witnesses that the signature is in the handwriting of the person making the will, and for other purposes.
The report 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 289. By Messrs. Durden and Sapp of Dougherty.
A bill to be entitled an act to authorize municipalities, to establish and maintain post-war public works reserve funds, to provide funds for such reserves, and for other purposes.
The report 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 290. By Mr. Gowen of Glynn.
A bill to be entitled an act to amend the act creating the Atlantic States Marine Fisheries Commission by striking Section 6 and substituting a new section to provide for payment of expenses of the members from Georgia, and for other purposes.
The House was resolved into the Committee of the Whole House for the consideration of HB 290 with instructions not to read the bill in its entirety, and the Speaker designated Mr. Young of Muscogee as chairman thereof.
The Committee of the Whole House arose and through its chairman, reported HB 290 back to the House with the recommendations that the same do pass.

TUESDAY, FEBRUARY 27, 1945

953

The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, which involved an appropriation, the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Arnold of Spalding Baker Banks Bargeron Barrett Beddingfield Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brooke Brumby Brunson Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Connerat Crowley Culpepper DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Gaskins Giddens

Gilbert Gowen Greene Griswell Guerry Harden Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hefner Herndon Herrin Hicks Hinson of Jeff Davis Hogg Holbrook Holleman Holley Holloway Hubert Hurst Jennings of Sumter Jennings of Terrell Kelley Kendrick Kenimer Kennon Key King Knabb Lam Lancaster Lane Livingston Looper Maund McCracken McNall

Mallard Mann of Henry Mann of Rockdale Mason Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Moye of Brooks Moye of Randolph Mullinax Nicholson Odom O'Sheal Overby Parham Parks Pettit Phillips Pittman of Bartow Pittman of Tift Price Ramey Ray Rowland Sears Shields Smiley Smith of Bryan Smith of Emanuel Sparks Strickland of Pike Strickland of Upson Sumner Thornton Thrash Weaver Wells of Lincoln

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JOURNAL OF THE HOUSE,

Williams of Appling Williams of Gwinnett Williams of Jones

Williams of Toombs Williams of Ware Wilson

Those not voting were:

Adams Adamson Almand Ansley Arnall of Coweta Barwick Battles Black Brock Broome Burch Callaway Cowart Crow Dallis Ennis, J. H. Ennis, Marion Etheridge of Butts Garrison Gary Gavin Gibson Glisson Greer Guyton Hall

Hampton Hand Hardy of Hall Hatchett Hill Hinson of Ware Hollis Hooks Jackson Johns Kent Lewis Littlejohn Lovett McCurdy Malone Mankin Manous Massey Morrison Mosley Murphy Oakley Oden Oliver

\Vitherington Young
Pannell Pennington Porter Powell Riddlespurger Ritchie Rossee Roughton Sapp Seagler Seagraves Sheffield Sills Smith of Oglethorpe Swint Thompson Trotter Twitty Underwood Watford Wells of Ben Hill Whaley Williams of Coffee Willis Willoughby

By unanimous consent verification of the roll call was dispensed with. On the passage of the bill, the ayes were 128, the nays 0.

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

Mr. Durden of Dougherty moved that the House recess until 2:00 o'clock p. m.,

and the motion prevailed.

'

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

2:00 o'clock p. m.

The Speaker called the House to order.

TUESDAY, FEBRUARY 27, 1945

955

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

HB 297. By Messrs. Weaver and Bloodworth of Bibb.
A bill to be entitled an act to amend Code Section 92-2510 by inserting in the third line of said section between the words "assets" and "are" the words "exclusive of Government War Bonds," and for other purposes.
The following substitute was read and adopted:
A SUBSTITUTE TO HB 297
A bill to be entitled an act to amend an act known as the General Tax Act, approved March 28, 1935 (Georgia Laws 1935, pp. 11-72) by amending Section 7, Subsection (3) by inserting in the third line of said Subsection (3) immediately following the word "assets" and immediately preceding th eword "are" the words "exclusive of government war bonds"; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. That the General Tax Act approved March 28, 1935 (Georgia Laws 1935, pp. 11-72) be and the same is hereby amended by inserting in the third line of Section 7, Subsection (3) immediately following the word "assets" and immediately preceding the word "are" the words "exclusive of government war bonds," so that said Subsection, as amended, will read as follows:
" ( 3) 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 exclusive of government war bonds 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, property situated in this State and taxable herein, loans secured by liens on real estate situated in this State, or policy loans on insurance policies issued by such company on lives of persons resident in this State, then the premium tax levied by Section 92-2509 shall be abated or reduced to one per centum upon the gross receipts of such company; and 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 or reduced to one-fourth of one per centum upon such gross receipts of such company."
Section 2. 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 118, the nays 0.

956

JOURNAL OF THE HOUSE,

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

HB 225. By Messrs. Pittman and Pettit of Bartow.
A bill to be entitled an act to amend Code Section 38-1801 to provide that either party in a civil action may call the opposite party for the purpose of cross examination with the privilege of impeachment, as if the witness had testified in his own behalf, and for other purposes.
The report 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.

HR 53-382a. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia.
A resolution directing and authorizing the State Revenue Commissioner to sell contraband articles which the law requires him to seize, at ceiling prices formulated under federal laws, and for other purposes.
By unanimous consent, House Resolution No. 53-382a was tabled.

HB 394. By Messrs. Wilson of Bibb, Wells of Ben Hill, Witherington of Wilcox, Hubert of DeKalb, Jennings of Terrell, DuPree of Pulaski, and Lovett of Laurens.
A bill to be entitled an act to he called "Uniform Automobile Liability Security Act"; to provide for suspension of drivers licenses, and for other purposes.
By unanimous consent, House Bill No. 394 was tabled.

HB 357. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and Phillips of Columbia.
Abill to he entitled an act to amend Code Section 92-3118 by striking Subsection (g) thereof and substituting a new Sub-section relating to the method of computing income tax of persons who die during a taxable 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.

TUESDAY, FEBRUARY 27, 1945

957

HB 455. By Messrs. Gowen and Gilbert of Glynn.
A bill to be entitled an act to amend Code Section 295-303 by providing coroners shall receive a fee of $10.00 for investigating and reporting each death caused by motor vehicle, and for other purposes.

The following committee substitute was read and adopted:
A bill to be entitled an act to provide for the payment of fees to the coroners for making the investigation and filing the report required of them in case of fatal accidents on the highways of the State under Section 6 (d) of an act approved March 24, 1939, by providing that they shall receive the same fee therefor as they do for holding inquests, 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 each coroner of the State shall receive the same fee for making each investigation and report in cases of fatal accidents upon the several highways of this State required by Section 6 (d) of an act approved March 24, 1939, as he now receives for holding inquests over the bodies of the dead and shall receive such fee for each fatal accident investigated and reported.
Section 2. The Department of Public Safety shall certify to each coroner upon his request the number of fatal accidents so reported by him to said Department during each calendar month and upon presentation of such certificate the fiscal authorities of the county in which such coroner holds office are hereby authorized and directed to pay him the fees provided herein.
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, by substitute, was agreed to.
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 385. By Mr. Oden of Pierce.
A bill to be entitled an act to amend an act approved March 5, 1937 (Ga. Laws 1937, pp. 264-280) by striking section 9 on page 270 and substituting a new sentence designating the Department of Forestry, the agency to extend all federal funds available for fire prevention and forest farming and nursery work, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

958

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 103, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 386. By Mr. Oden of Pierce.
A bill to be entitled an act to amend an act approved March 5, 1937 (Ga. Laws 1937, pp. 264-280) by striking paragraph B of Section 9 and substituting a new paragraph B authorizing the Director of Forestry to name fire wardens and providing fire fighting crews may enter any land for the purpose of suppressing fires, and for other purposes.
By unanimous consent, House Bill No. 386 was postponed until February 28th.

HB 371. By Messrs. Arnall of Coweta, Smith of Emanuel, and Phillips of Columbia.
A bill to be entitled an act to amend the income tax law by providing for interest at 6% on refunds of taxes erroneously or illegally paid; to provide for filing claims within three years; to repeal Code Sections 92-3308 and 92-3310 in their entirety, and for other purposes.
The report 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 387. By Mr Oden of Pierce.
A bill to be entitled an act to amend an act approved March 5, 1937 (Ga. Laws 1937, pp. 264-280) by adding a new sentence to paragraph 1, section 9 to provide that the Department of Forestry may charge a fee for special service to farmers and timber growers, and for other purposes.
By unanimous consent, House Bill No. 387 was postponed until February 28th.
The following report was received and read from the Committee on W & A Railroad:
REPORT OF THE HOUSE AND SENATE COMMITTEES OF THE GEORGIA STATE LEGISLATURE ON THE JOINT INSPECTION OF THE STATE-OWNED W & A RAILROAD AND HOTEL PROPERTIES.
To: Hon. Frank C. Gross President of the Senate
And Hon. Roy V. Harris Speaker of the House
Your Committee on the W & A Railroad from the Senate and House of Repre-

TUESDAY, FEBRUARY 27, 1945

959

sentatives went over the Western and Atlantic Railroad property in Georgia and Tennessee, and the hotel properties in Chattanooga, on the 23rd and 24th days of February, 1945, for the purpose of investigating the physical condition of said properties, and it has instructed the undersigned to report to the Senate and House of the Georgia Legislature as follows:
The Committee is indeed pleased to report that the W & A properties have been very substantially improved since the date of the last inspection made in 1943. The lessee of the railroad property has recently placed in operation two new and heavier bridges; one over the Chattahoochee River and the second over the Etowah River. Both projects are substantial betterments to the State's property.
During the past two years, the lessee has rebuilt approximately 30 miles of track using 112 lb. rail in place of lighter rail. The new rail has greater strength and stiffness so that it can better withstand the wear of the heavier trains and higher speeds.
We are also pleased to report that the new full automatic Centralized Traffic Control system has been operating most successfully for more than a year between Atlanta and Cartersville, Ger,rgia. Inspection of the roadbed disclosed that it has been greatly improved during the past year by extensive maintenance and improvement work and that the lessee is now going forward at many points to place the roadbed in condition to operate at the higher speeds necessary for the war effort and to meet the threat of competition.
Some improvements have been recommended at the various depots and we are informed that the work will be done by the lessee as soon as materials and labor are made available.
The Georgia Public Service Commission was very cooperative and helpful to the Committee and provided the Committee members with the attached information which greatly facilitated the inspection. Particular attention i< directed to the sketch attached showing the site of the proposed Federal dam project on the Etowah River in Bartow County and the effect of the impounding of water against the roadbed of the W & A Railroad and the suggested route for the relocation of the line.
It is imperative that the track and right-of-way of the W & A be relocated in that area prior to the construction of the dam.
The hotel properties have been well maintained even in the face of the many problems created by the shortage of labor and material caused by the war.
It is our opinion that both the railroad property and the hotel properties are in good hands.
We are indebted to the lessees of the railroad property and the hotel properties for their kind and courteous attention and cooperation throughout the inspection tour~
Most respectfully submitted,
This the 26th day of February, 1945.
T. A. Cook Vice Chairman, Senate W & A Railroad Committee

960

JOURNAL OF THE HOUSE,

]. P. Shedd Act. Secty., Senate W & A Railroad Committee
James Evitt, Jr. Vice Chairman, House W & A Railroad Committee
Ray Crow Secty., House W & A Railroad Committee

HB 420. By Messrs. McCracken of Jefferson and Arnall of Coweta.
A bill to be entitled an act to create the Georgia Citizens Council to coordinate civilian war and post-war programs and promote the development of human resources in the State, and for other purposes.

The House was resolved into the Committee of the Whole House for the consideration of H. B. No. 420 with instructions not to read the bill in its entirety, and the Speaker designated Mr. Thrash of Coffee as chairman thereof.
The Committee of the Whole House arose and through its chairman reported H. B. No. 420 back to the House with the recommendations that the same do pass.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, which involved an appropriation, the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Baker Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brooke Broome Brumby Brunson Chance Cheek

Cheshire Connell Connerat Culpepper Dallis DeFoor Dorsey of Cobb Dupree Durden Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Freeman Gammage Garrison Gary Gaskins Gibson Giddens

Glisson Gowen Greene Griswell Guerry Guyton Hand Harden Hardy of Hall Harrison of Jenkins Harrison of Wayne Hart Hatchett Herndon Hicks Hinson of Jeff Davis Hogg Holbrook Holleman Holley Hollis

TUESDAY, FEBRUARY 27, 1945

961

Hubert Jackson Kelley Kendrick Kenimer Kennon Key King Knabb Lam Lane Littlejohn Livingston Looper Maund McCracken McCurdy Mankin Mann of Henry Mann of Rockdale Mason

Massey Matthews of P'each Medders Mitchel Moore Mosley Moye of Brooks Nicholson O'Shea! Overby Parham Pannell Pettit Phillips Pittman of Bartow Pittman of Tift Ramey Ray Seagraves Sheffield Shields

Those not voting were :

Adams Adamson Banks Bargeron Boynton Brock Burch Callaway Campbell Cates Chastain Claxton Cowart Crow Crowley Dorsey of White Dykes Ennis,]. H. Fowler Gavin Gilbert Greer Hall Hampton

Hardy of Jackson Harrison of Screven Hefner Herrin Hill Hinson of Ware Holloway Hooks Hurst Jennings of Sumter Jennings of Terrell Johns Kent Lancaster Lewis Lovett McNall Mallard Malone Man.ous
Matthews of Paulding Miller Morrison Moye of Randolph

Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Swint Thornton Thrash Twitty Underwood Watford Weaver Wells of Lincoln Williams of Toombs Willis Willoughby Wilson Witherington Young
Mullinax Murphy Oakley Oden Odom Oliver Parks Pennington Porter Powell Price Riddlespurger Ritchie Rossee Roughton Rowland Sapp Seagler Sears Sills Strickland of Upson Sumner Thompson Trotter

962

JOURNAL OF THE HOUSE,

Wells of Ben Hill Whaley Williams of Appling

Williams of Coffee Williams of Gwinnett

Williams of Jones Williams of Ware

By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 127, the nays 0. The bill having received the requisite constitutional majority was passed.

The Speaker presented to the House Lieutenant Harold Willingham, former Assistant Attorney-General along with Miss Elizabeth Wyatt, daughter of Commodore Wyatt, of the Naval Air Base, 1st District.

The Speaker presented to the House the Civic Class of the Joe Brown Junior High School, Atlanta.

Mr. Durden of Dougherty moved that the House adjourn until tomorrow morning at 9:00 o'clock and the motion prevailed.

Leaves of absence were granted to Messrs. Williams of Coffee and Hefner of Pickens.

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

WEDNESDAY, FEBRUARY 28, 1945

963

Fifty-Second Day

Representative Hall, Atlanta, Georgia Wednesday, February 28, 1945.

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 scripture reading and prayer by Dr. Thomas W. Haygood, Pastor Methodist Church of Villa Rica, Georgia.

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

Mr. Evitt of Catoosa, 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 a~ 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 readings of bills and resolutions favorably reported. (5) Third reading and passage of uncontested local bills and resolutions. (6) First reading and reference of Senate bills.

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

HB 613. By Messrs. Hatchett of Meriwether and Lam of Troup.
A bill to be entitled an act to mak:e it unlawful for any pupil enrolled in the public schools of this state to become a member of any secret fraternity, sorority; to provide county Boards of Education and independent school systems may prescribe regulations to enforce this act, and for other purposes. Referred to the Committee on Education No. I.
Mr. Hubert of DeKalb county, Vice 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

964

JOURNAL OF THE HOUSE.

following bills of the Senate and have instructed me as Vice Chairman, to report the same back to the House with the following recommendations:
SB 153. Do Pass.
SB 177. Do Pass.
Respectfully submitted, Hubert of DeKalb, Vice Chairman.

Mr. Smith of Oglethorpe 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 Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 124. Do Not P'ass.
Respectfully submitted,
Smith of Oglethorpe, Chairman.

Mr. Baker of Floyd 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 437. Do Pass.
Respectfully submitted,
F. L. Baker, Jr., Chairman.

Mr. Pittman of Bartow 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 resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

WEDNESDAY, FEBRUARY 28, 1945

965

HR 120-612b. Do Pass.

Respectfully submitted,
Pittman of Bartow, Chairman.

Mr. Pannell of Murray 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 bade to the House with the following recommendations:

SB 228. Do Pass.

Respectfully submitted,

Pannell of Murray, 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 Senate and have instructed me as Chairman, to report the same back to the House with the allowing recommendations:
SB 179. Do Pass. SB 85. Do Pass (as amended).
SB 149. Do Pass. Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Lewis of Hancock county, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary No. l 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:

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JOURNAL OF THE HOUSE,

HR 119-612a. Do Pass. Respectfully submitted, Lewis of Hancock, Chairman.

Mr. Gilbert of Glynn county, Chairman of the Committee on Western & Atlantic Railroad, submitted the following report:
Mr. Speaker:
Your Committee on Western & Atlantic Roalroad 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:
SR 23. Do Pass.
HR 117-611b. Do Pass.
Respectfully submitted,
Gilbert of Glynn, 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 612. Do Pass.
Respectfully submitted,
F. H. Sills of Candler, Chairman.

Mr. Baker of Floyd 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 House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 102-596a. Do Pass.

WEDNESDAY, FEBRUARY 28, 1945

967

HB 582. Do Not P'ass.

Respectfully submitted,

Baker of Floyd, 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 follow-
ing bills 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. SB 95. Do Pass. SB 96. Do Pass. SB 97. Do Pass.
Respectfully submitted,
MeN all of Chatham, Chairman.

Mr. Broome of DeKalb county, Chairman of the Committee on Military Affairs, submitted the following report:

Mr. Speaker:

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

SB 78. Do Pass.

Respectfully submitted,

Broome of DeKalb, Chairman.

By unanimous consent the following bills of the Senate were introduced, read the first time and referred to the committees:
SB 162. By Senator Stone of the 15th.
A bill to be entitled an act to repeal Code Section 32-937 and substituting a new section 32-937 providing for free tuition in the public schools to

968

JOURNAL OF THE HOUSE,

children between 6 and 18 and provide veterans of World War II may attend the schools under rules adopted by the State Board of Education. regardless of age, and for other purposes.
Referred to Committee on Education No. 1.

SB 169. By Senator Millican of the 52nd.
A hill to he entitled an act to provide that counties having a population of more than two hundred thousand (200,000) by the United States Census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of County Police Department, and for other purposes.
Referred to Committee on Counties and County Matters.

SB 182. By Senator Walker of the 45th.
A hill to he entitled an act to provide in counties having a population of not less than 14,523 and not more than 14,527, now having Probation Officers, that the county commissioners shall approve his appointment and fix his salary, and for other purposes.
Referred to Committee on Counties and County Matters.

SB 202. By Senator Millican of the 52nd.
A hill to he entitled an act to amend an act approved February 15, 1933 (Acts 1933, page 213) entitled an act to repeal an act approved March 18, 1925, etc., and to provide for a pension for members of the Police Department in cities having a population of 150,000 or more in the State of Georgia according to the last census of the United States, etc., and for other purposes.
Referred to Committee on Counties and County Matters.

SB 209. By Senator Walker of the 45th.
A hill to he entitled an act to provide that the Senatorial Executive Committee of the 45th Senatorial District of the State of Georgia shall make, prescribe, and promulgate rules and regulations to govern the nomination of candidates for State Senator of said District, etc., and for other purposes.
Referred to Committee on P'rivileges and Elections.

By unanimous consent the following hills and resolution of the House and Senate were favorably reported and read the second time.

HB 612. By Messrs. Harris, Holley and King of Richmond. A hill to he entitled an act to authorize the board of commissioners of

WEDNESDAY, FEBRUARY 28, 1945

969

roads and revenues of Richmond county to levy occupation taxes and license fees in the county outside of incorporated cities, and for other purposes.

HR 102-596a. By Mr. Looper of Dawson.
A resolution directing the State Board of Pardons and Paroles to consider applications for pardons and paroles from misdemeanor prisoners the same as from felony prisoners, and for other purposes.

HR 117-611b. By Messrs. Gilbert of Glynn, Evitt of Catoosa, Ray of Warren, Brooks and Britton of Whitfield, Connerat of Chatham, Smith of Emanuel, Pittman and Pettit of Bartow, Etheridge of Fulton and Price of Clarke.
A resolution directing the Public Service Commission to negotiate with the Army Engineers for plans for relocation of the right of way of the Western and Atlantic Railroad at the site of the Allatoona Dam project in Bartow county, and for other purposes.

HR 119-6123. By Mr. Culpepper of Fayette.
A resolution to provide that John J. Davis may file a claim with the State Board of Workmen's Compensation for injuries sustained while a doorkeeper at the 1943 session at the Georgia General Assembly, and for other purposes.

SB 78. By Senator Grayson of the 1st, and others.
A bill to be entitled an act to fix the salary of the Adjutant General of Georgia at $6,000 per annum, and for other purposes.

SB 94. By Senator Gillis of 16th, and others.

A bill to be entitled an act to provide that the license fees levied on com-

mercial fishing boats shall run from January 1 to December 31 of the year

issued, and for other purposes.



SB 95. By Sen!ltor Gillis of the 16th.
A bill to be entitled an act to regulate the commercial gathering of oysters and to provide for .a license and State health certificate, and for other purposes.

SB 96. By Senator Gillis of the 16th, and others.
A bill to be entitled an act to authorize the State Game and Fish Commission to purchase an aeroplane to patrol the coastal waters of this State, and for other purposes.

970

JOURNAL OF THE HOUSE,

SB 97. By Senator Gillis of the 16th.
A bill to be entitled an act to regulate the shipping of oysters in the shell, and for other purposes.

SR 23. By Senator Millican of the 52nd.
A resolution giving consent on the part of the State for the city of Atlanta to construct ways, streets, roads, bridges or viaducts over the W. & A. Railroad between Spring Street viaduct and Central Avenue viaduct, and for other purposes.

SB 85. By Senator Welborn of the 40th.
A bill to be entitled an act to amend Code Section 34-103 by substituting the :figures 18 for the :figures 21 and to require electors to state his political party affiliation, and for other purposes.

SB 149. By Senators Harrell of the 7th and Causey of the 48th.
A bill to be entitled an act to repeal Code Section 95-1715 and substituting a new section to authorize the State Highway Department to condemn property for public roads to the width of 200 feet and may condemn property for borrow pits, and for other purposes.

SB 153. By Senator Millican of the 52nd.
A bill to be entitled an act to amend Code Section 12-601 by providing a maximum rate of interest which may be charged when property is pledged or pawned, and for other purposes.

SB 177. By Senators Deal of the 49th and Branch of the 47th.
A bill to be entitled an act to authorize patrolmen or other employees of the Department of Public Safety, and employees authorized by the Commissioner of Revenue to seize, confiscate and destroy slot machines, and for other purposes.

SB 179. By Senator Millican of the 52nd.
A bill to be entitled an act to provide a pension system for employees of the Hospital Authority, and for other purposes.

SB 228. By Senator Millican of the 52nd.
A bill to be entitled an act to supplement the salaries of the judges of the Superior Court of Fulton County, and for other purposes.

HB 437. By Messrs. Baker of Floyd and P'rice of Clarke.

WEDNESDAY, FEBRUARY 28, 1945

971

A bill to be entitled an act to authorize the Department of Corrections to transfer male or female prisoners 18 years of age and under to the training school for boys or girls; to authorize transfer of tubercular prisoners to the hospital for tuberculars, and for other purposes.

HR 120-612b. By Mr. Willis of Irwin.
A resolution proposing an amendment to Article 7, Section 2, Paragraph 7 of the Constitution to provide the County Board of Education of Irwin county may levy a tax for school system, and for other purposes.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:

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

SR 41. By Mr. Turner of the 34th.
A resolution amending the Constitution of 1877 in order that the county of DeKalb may levy and collect a tax for school purposes, and for other purposes.

Mr. Speaker: The Senate has passed by the requisite constitutional majority the following
bill of the Senate, to wit:
SB 150. By Senator Harrell of the 7th, and others.
A bill to be entitled an act to be known as Motor Vehicle-Safety Responsibility Act; to make operators of motor vehicles to make a report of all accidents, and for other purposes.

Mr. Speaker: The Senate has passed by the requisite constitutional majority the following
bill of the Senate, to wit:
SB 129. By Senator Gross of the 31st, and others. A bill to be entitled an act to regulate and control the operation of road houses, tourist camps, etc., and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following resolution of the House, to wit:

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JOURNAL OF THE HOUSE,

HR 11. By Mr. Harris of Richmond, and others.
A resolution providing a new Constitution for the State of Georgia by amending the Constitution of 1877 and all amendments thereto, 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 512. By Mr. Watford of Long.
A bill to be entitled an: act providing for five Commissioners of Roads and Revenues, and for other purposes.

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 605. By Mr. Odom of Baker. A bill to be entitled an act to fix the bond of the sheriff of Baker county at $6,000.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 606. By Mr. Odom of Baker.
A bill to be entitled an act to fix the bonds of the deputy sheriffs of Baker county at $6,000.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were lOS, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 607. By Messrs. Holleman, Shields and Young of Muscogee.
A bill to be entitled an act to amend the charter of the city of Columbus to authorize the closing of 9th Avenue between lOth and ll th Streets and authorizing the city to sell said land, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 28, 1945

973

On the passage of the bill, the ayes were 106, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 608. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton. A bill to be entitled an act to authorize and create a civil service system for the city of Hapeville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 611. By Mr. Pennington of Wilkinson.
A bill to be entitled an act to amend the charter of the town of Toomsboro by providing for a tax levy of 10 mills and to fix the date for the election of 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 108, the nays 0.
The bill having received the requisite co:onstitutional majority was passed.
SB 186. By Senator Millican of the 52nd.
A bill to be entitled an act to amend the charter of the city of Atlanta to provide how employees and officers of the police, fire, and education department, Carnegie Library and its branches may come under the Civil Service System, and to provide for classification of employees, and for other purposes.
The following amendment was read and adopted:
Mr. Kendrick of Fulton moved to amend Senate Bill No. 186, as follows: By striking Section 3 of said bill in its entirety.
By adding thereto a new Section, which shall be known as Section 6-418 (a) of the Code, City of Atlanta, 1942, to-wit:
"6-418 (a). Where an employee is dismissed from the service, he shall have the right, within 2 years, to apply for reinstatement, upon making an application for reinstatement to the Personnel Board he may be reinstated, without taking an examination, to the classified service, provided, such reinstatement is recommended by the head of the department he was in at the time of his dismissal and approval of thP. Personnel Board."

974

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amendecl.
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 211. By Senator Walker of the 45th.
A bill to be entitled an act to create a joint Airport Commission for the city of Fitzgerald, and county of Ben Hill, 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 110, the nays 0.
The bill having received the requisite constitutional majority, was passed.

SB 215. By Senators Bennett of the 17th, Stone of the 15th and Gillis of the 16th.
A bill to be entitled an act to establish a public school district for Sylvania; to define the boundaries of same; to authorize the issuance of bonds for school improvement, and for other purposes.
The report 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 Millican of the 52nd.
A bill to be entitled an act to establish a Parks and Recreation Commission in Fulton county; to prescribe the powers and duties of the 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 112, 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%

HB 609. By Mr. Key of Jasper.

WEDNESDAY, FEBRUARY 28, 1945

975

A bill to be entitled an act to authorize the salary for the sheriff of Jasper county in addition to fees, and for other purposes.
The following substitute was read and adopted:
A bill to be entitled an act to authorize the Commissioners of Roads and Revenues and/or other proper officers of all counties in the State of Georgia, having a population of not more than eight thousand eight hundred (8,800) nor less than eight thousand seven hundred and fifty (8,750) according to the Federal Census of 1940, and all future Federal Census, because of the extra duties imposed on the sheriffs of such counties, to pay to the sheriffs of such counties a sum not exceeding one hundred ($100.00) dollars a month in addition to the fees and compensation now paid to said sheriffs; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same:
Section 1. That from and after the passage and approval of this act, the Commissioners of Roads and Revenues and/or other proper officers in all counties of the State of Georgia, having a population of not more than eight thousand eight hundred (8,800) nor less than eight thousand seven hundred and fifty (8,750) ), according to the Federal Census of 1940, and all other future Federal Census, are hereby authorized to pay to the sheriffs of said counties a sumn ot exceeding one hunJred ($100.00) dollars a month, in addition to the fees and compensation now paid to said sheriffs.
Section 2. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.
The report of the committee, 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 115, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

HB 610. By Mr. Lewis of Hancock.
A bill to be entitled an act to authorize a salary for the sheriff of Hancock in addition to fees, and for other purposes.
The following substitute was read and adopted:
A bill to be entitled an act to authorize the Commissioners of Roads and Revenues and/or other proper officers of all counties in the State of Georgia, having a population of not more than twelve thousand seven hundred and seventy (12,770) nor less than twelve thousand seven hundred and sixty ( 12,760) according to the Federal Census of 1940, because of the extra duties imposed on the sheriffs of such counties, to pay to the sheriffs of such counties a sum not exceeding one hundred ($100.00) dollars a month in addition to the fees and compensation now paid to said sheriffs; and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same:
Section 1. That from and after the passage and approval of this act, the Commissioners of Roads and Revenues and/or other proper officers in all counties of the State of Georgia, having a population of not more than twelve thousand seven hundred and seventy ( 12,770) and not less than twelve thousand seven hundred and sixty ( 12,760), according to the Federal Census of 1940, to pay to the sheriffs of said counties a sum not exceeding one hundred ($100.00) dollars a month, in addition to the fees and compensation now paid to said sheriffs.
Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority, was passed, by substitute.
The foll~wing 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 of business have established the following order of business to displace the present calendar until completed, to-wit:
HR 114-606 C Providing for advertising new Constitution.
HR 113-606 B Public Health.
HB 184 Tax on Aviation Gasoline.
HR 93-568 A Dougherty County.
HB 439 Weights and Measures.
HR 73-500 A -Camden County.
HR 106-598 A Colquitt County Land.
HR 105-598 B Colquitt County Land.
HB 523 Tax Collctors.

With the speaker pro-tem, Mr. Hand of Mitchell, presiding, Mr. Harris of Richmond arose on the point of personal privilege and after eulogizing the splendid service and long record of Mr. Culpepper of Fayette, Speaker Harris presented Mr. Culpepper with a sterling silver dish, a token of the esteem and admiration in which the members of the House hold the gentleman from Fayette.

WEDNESDAY, FEBRUARY 28, 1945

977

Under 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:

HR 114-606C. By Messrs. Harris of Richmond, Culpepper of Fayette, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, and McCracken of Jefferson.
A resolution directing the Governor to contract for special rates for publication of the amendment revising the Constitution of 1877, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agre::d to.
On the adoption of the resolution, the ayes were 126, the nays 0.
The resolution having received the requisite constitutional majority, was adopted.

HR 113-606B. By Messrs. Harris of Richmond, Fortson of Wilkes, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, and McCracken of Jefferson.
A resolution committing the State Administration to promote and make possible an expanded health program; to provide for a State Advisory Council to investigate health facilities and make reco!IHDendations to the General Assembly; commending the United States Health Service for work done 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 128, the nays 0.
The resolution having received the requisite constitutional majority, was adopted.

HB 184. By Messrs. Durden of Dougherty, Arnall of Coweta, Hand of Mitchell, Gowen of Glynn, Dorsey of Cobb, and Culpepper of Fayette.
A bill to be entitled an act to amend the "Motor Fuel Tax Law" to provide for taxation of Motor Fuel placed in aircraft in Georgia for use in intrastate flights, and for other purposes.
The following amendment was read and adopted:
Mr. Lovett of Laurens moved to amend House Bill No. 184 by striking therefrom Section 2 and inserting in lieu thereof Section 2, Section 3 and Section 4 as follows:
"Section 2. It is the intent of this act that there shall be no discrimination against a Georgia citizen, firm or corporation (or a foreign corporation domesticated

978

JOURNAL OF THE HOUSE,

in Georgia) in the imposition of the motor fuel tax provided in Section 92-1403 of the Code of 1933.
"Section 3. If any section, sentence, clause or paragraph of this act shall be held
to be invalid by any Court of final jurisdiction, the same shall not affect the validity of any other section, sentence, word or clause of said act.
"Section 4. All laws or parts of laws in conflict herewith be, and the same are, hereby repealed."
Mr. Littlejohn 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 amended.
On the passage of the bill, as amended, the ayes were 108, the nays 31.
The bill having received the requisite constitutional majority, was passed as amended.

Mr. Harrison of Jenkins gave notice that at the proper time he would make a motion to reconsider the action of the House in passing House Bill No. 184.

HR 93-468a. By Messrs. Durden and Sapp of Dougherty. A resolution to authorize the Governor to deed back to the city of Albany certain property deeded to the State by the city, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 123, the nays 0.
The resolution having received the requisite constitutional majority, was adopted.

HB 439. By Messrs. McCurdy of DeKalb and Littlejohn of Floyd.
A bill to be entitled an act to repeal Section 43-302 and substitute a new Code Section 42-302 to provide the quantity of weight of flour, grits, and corn meal which shall be packed in containers for sale, and for other purposes.
The report 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.

HR 73-SOOA. By Mr. Claxton of Camden.

WEDNESDAY, FEBRUARY 28, 1945

979

A resolution authorizing the Governor to convey a certain tract of land to Camden 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 115, the nays 0.
The resolution having received the requisite constitutional majority, was adopted.

HR 106-598A. By Messrs. Cheshire and Riddlesjmrger of Colquitt.
A resolution proposing that certain described property which was conveyed to the State of Georgia by Colquitt county now be re-conveyed by the State of Georgia to Colquitt 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 116, the nays 0.
The resolution having received the requisite constitutional majority, was adopted.

HR 105-598B. By Messrs. Cheshire and Riddlespurger of Colquitt.
A resolution proposing that the State of Georgia re-convey certain property in Colquitt county to the Georgia Northern Railway Company, 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 523. By Mr. Lewis of Hancock.
A bill to be entitled an act to provide that tax collectors and tax commissioners shall have bonds executed by a corporate surety licensed to write surety bonds 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 147, the nays 0.
The bill having received the requisite constitutional majority, was passed.

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

980

JOURNAL OF THE HOUSE,

HB 434. By Messrs. McCurdy of DeKalb and Williams of Ware.
A bill to be entitled an act to amend the "Building and Loan Act" to more fully define members and provide voting _privilege of such members; to provide loans may be made in a radius of 50 miles from an association home office, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 453. By Messrs. Wilson of Bibb and Hubert of DeKalb.
A bill to be entitled an act to amend the Homestead Exemption Law by providing a member of the family or friend of a person in the Armed Forces may apply for a Homestead Exemption for such absent person, and for other purposes.
The report 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 83. By Messrs. Hicks, Baker and Littlejohn of Floyd.
A bill to be entitled an act to amend Section 56-804 of the Code of 1933 by providing that fire insurance policies may cover explosions from causes other than explosives, and damage from accidental breakage, and for other purposes.
The report 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.

The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 271. By Dr. Moye of Brooks. A bill to be entitled an act to pay the sheriff of Brooks County a salary in addition to fees, and for other purposes.
The following Senate amendment was read:

WEDNESDAY, FEBRUARY 28, 1945

981

Senator Harrell of the 7th moved to amend House Bill No. 271 as follows:
By striking Section 2 in its entirety and substituting in lieu thereof a new section to be known as Section 2 and reading as follows:
"Be it further enacted that this act shall not become effective until approved by a majority of the qualified voters of Brooks county, Georgia, voting at the next general election to be held in August, 1945, as provided by law, and, provided further, that if said bill receives a majority vote in said election it shall become effective immediately thereafter and shall remain in effect until six months after the duration of the present World War.'~
Dr. Moye of Brooks moved that the House agree to the Senate amendment to House Bill No. 271.
On the motion to agree to the Senate amendment to House Bill No. 271, the ayes were 121, the nays 0, and the Senate amendment was agreed to.

HB 34. By Mr. Harris of Richmond.
A bill to be entitled an act to provide a tax of 6c per gallon on kerosene when used as motor fuel, and for other purposes.
The following Senate amendment was read:
Senator Gross of the 31st moved to amend House Bill No. 34 by striking the comma after the word "amended" in the third line of the caption and inserting in lieu thereof a semi-colon ; by striking the words "by further amending" in the third and fourth lines of the caption and inserting in lieu thereof the words "to further amend."
Mr. Harris of Richmond moved that the House agree to the Senate amendment to House Bill No. 34.
On the motion to agree to the Senate amendment to House Bill No. 34, the ayes were 120, the nays 0, and the Senate amendment was agreed to.

Mr. Wells of Ben Hill county, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House, to-wit:
HB 367
HB 225
HB 280
HB 281

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JOURNAL OF THE HOUSE,

HB 289 HB 290 HB 297 HB 357 HB 371 HB 385 HB 455 HB 279 HR 420 HB 606 HB 605 HB 607 HB 608 HB610 I!B 609 HB 83 HB 439 HB 611 HB 517 HB 434 HR 114 HR113 HR 73 HR 93 HR 121

Respectfuily submitted, Virgil G. Wells of Ben Hill, Chairman.

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

WEDNESDAY, FEBRUARY 28, 1945

983

HB 426. By Messrs. Baker of Floyd and Price of Clarke.
A bill to be entitled an act to authorize the State Department of Corrections to establish and operate a commissary for employees of the State, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Mr. Price of Clarke 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 of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Baker Barrett Barwick Beddingfield Bloodworth of Bibb Britton Broome Brumby Campbell Cheek Culpepper Dallis Dorsey of Cobb Dorsey of White Dupree Durden

Dykes Etheridge of Butts Etheridge of Fulton Evitt Fortson Gammage Gary Gibson Giddens Gowen Hicks Hill Hinson of Ware Holbrook Holleman Hubert Hurst Kelley Knabb Littlejohn Looper

Those voting in the negative were:

Adams Bloodworth of Houston Brooke Brunson Chastain Connerat Cowart Crowley

DeFoor Ennis, J. H. Freeman Garrison Gilbert Glisson Greene Griswell

Mankin Mann of Henry Mann of Rockdale Manous Mosley Murphy Oden O'Sheal Pettit Pittman of Tift Porter Price Ramey Seagraves Sills Smith of Emanuel Sumner Thompson Thornton Thrash Williams of Ware
Guerry Guyton Hardy of Hall Harrison of Screven Harrison of Wayne Herndon Herrin Hinson of Jeff Davis

984

JOURNAL OF THE HOUSE,

Hogg Holley Holley Hollis Holloway Hooks Jackson Jennings of Terrell Johns Kenimer Kent King Lam Lancaster Lane Lovett Mallard Massey Matthews of Peach

Sapp Seagler Maund Medders Mitchell Morrison Moye of Brooks Moye of Randolph Mullinax Nicholson Overby Overby Parham Parks Phillips Ray Riddlespurger Rowland

Sears Smiley Smith of Bryan Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Swint Tw"itty Watford Weaver Wells of Ben Hill Whaley Williams of Appling Williams of Gwinnett Williams of Toombs Wilson Witherington

Those not voting were :

Adamson Banks Bargeron Battles Black Boynton Brock Burch Callaway Cates Chance Cheshire Claxton Connell Crow Ennis, Marion Fowler Gaskins Gavin Greer Hall

Hampton Hand Harden Hardy of Jackson Harrison of Jenkins Hart Hatchett Hefner Jennings of Sumter Kendrick Kennon Key Lewis Livingston McCracken McCurdy McNall Malone Mason Matthews of Paulding Miller

Moore Oakley Odom Oliver Pannell Pennington Pittman of Bartow Powell Ritchie Rossee Roughton Sheffield Shields Trotter Underwood Wells of Lincoln Williams of Coffee Williams of Jones Willis Willoughby Young

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

On the passage of the bill, the ayes were 64, the nays 77.

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

WEDNESDAY, FEBRUARY 28, 1945

985

HB 430. By Messrs. Baker of Floyd and Price of Clarke.
A bill to be entitled an act to authorize the Department of Corrections to construct stock gaps on roads traversing State property, and for other purposes.
Mr. Baker of Floyd moved that the bill be tabled, the motion prevailed and House Bill No. 430 was tabled.

Mr. Harris of Richmond asked unanimous consent that the following bill of the House be taken from the table:

HB 419. By Messrs. Gowen of Glynn, Bloodworth and Weaver of Bibb and Mrs. Mankin of Fulton.
A bill to be entitled an act to repeal Chapter 84-3 of Title 84 of the Code (Acts of 1941, pp. 310-312) relating to architects and rewrite said chapter beginning at Section 84-301 through 84-321, to establish a State Board of Examination and Registration of Architects, and for other purposes.
The unanimous consent request was granted and House Bill No. 419 was taken from the table.

The Speaker recognized the presence in the gallery of the Fourth Grade from the Smyrna Public School in Cobb county.

Mr. Durden of Dougherty asked unanimous consent that the House take a recess until 2 o'clock and the request was granted.

The Speaker announced the House recessed until 2 o'clock this afternoon.

The Speaker called the House to order.

2 o'clock P. M.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

HB 574. By Messrs. Chastain and Hart of Thomas.
A bill to be entitled an act amending an act approved March 15, 1943, entitled "An act to amend the charter of the city of Thomasville approved October 8, 1889," and for other purposes.

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JOURNAL OF THE HOUSE,

HB 581. By Messrs. Gammage and Jennings of Sumter.
A bill to be entitled an act amending, revising and consolidating the several acts granting corporate authority to the city of Americus; to confer additional powers on the Mayor and City Council of Americus, to extend the corporate limits of said city, and for other purposes.

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

HB 533. By Mrs. Mankin of Fulton, and others.
A bill to be entitled an act to amend an act establishing a charter for the city of Union City, and for other purposes.

HB 545. By Mr. Evitt of Catoosa.
A bill to be entitled an act amending an act entitled "An act to create and establish a new charter for the town of Ringgold in the county of Catoosa, to re-incorporate said town under the name of the 'Town of Ringgold'," and for other purposes.

HB 550. By Messrs. Holley, King and Harris of Richmond.
A bill to be entitled an act providing the sheriff and clerk of the Municipal Court, city of Augusta, shall be appointed by the Judge of said Court, providing the appointment of their deputies, and for other purposes.

HB 554. By Messrs. Bloodworth, Weaver and Wilson of Bibb.
A bill to be entitled an act to amend the charter of the city of Macon, to
provide all elections for city officials shall be held from 7 A. M. to 7 P. M.
on election day, and for other purposes.

HB 556. By Messrs. Holleman, Shields and Young of Muscogee.
A bill to be entitled an act to empower M uscogee county to construct, and extend public sewers, and the rates and fees for the maintenance thereof, and for other purposes.

HB 557. By Mr. Barwick of Grady.
A bill to be entitled an act providing the payment from county funds of the official bond of the sheriff of Grady county, Georgia, and for other purposes.

HB 562. By Messrs. Young, Shields and Holleman of Muscogee.

WEDNESDAY, FEBRUARY 28, 1945

987

A bill to be entitled an act providing a pension fund for the employees of Muscogee county, and for other purposes.

HB 572. By Messrs. Chastain and Hart of Thomas.
A bill to be entitled an act to amend the act approved November 30, 1900, establishing a system of public schools in the city of Thomasville, Georgia, to increase the tax levy for the establishment and maintenance of said schools, and for other purposes.

HB 573. By Messrs. Chastain and Hart of Thomas.
A bill to be entitled an act amending the charter of the city of Thomasville approved October 8, 1889, and for other purposes.

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

HR 24. By Messrs. Gilbert and Gowen of Glynn.
A resolution to confirm the sale by the State Properties Commission to Sea Island Company of a tract of marsh land in Glynn County, and for other purposes.

HR 46. By Mr. Marion Ennis of Baldwin.
A resolution insuring that the property called "The Jarratt Spring Lot" be vested in Regents of the University System and their successors, and for other purposes.

HR 56. By Mr. Massey of Dade.
A resolution authorizing the Governor, on behalf of the State of Georgia, to trade certain land in Dade county for land adjoining the State Park in said county, and for other purposes.

HB 312. By Mr. Griswell of Gwinnett.
A bill to be entitled an act to provide a salary for the sheriff of Gwinnett county in addition to fees, and for other purposes.

HB 344. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton.
A bill to be entitled an act to amend the Constitution so as to provide that the General Assembly may enact laws providing for the payment of pensions to widows of Fulton county employees, and for other purposes.

988

JOURNAL OF THE HOUSE,

HR 100. By Messrs. Gowen of Glynn, Alexander and Ccanerat of Chat:Iam.
A resolution that the Governor and the Director of State Parks be requested to investigate the possibilities of providing State park facilities along the Georgia coast, and for other purposes.

HB 461. By Messrs. Weaver and Bloodworth of Bibb.
A bill to be entitled an act to amend the charter of the city of Macon to fix the salary of the mayor, and for other purposes.

HB 470. By Mr. Willoughby of Clinch.
A bill to be entitled an act to amend an act providing for the filling of vacancies in the office of Solicitor of Clinch County Court, to prescribe eligibility, and for other purposes.

HB 527. By Mr. Williams of Appling.
A bill to be entitled an act authorizing commissioner of roads and revenues to make certain official salary payments quarterly instead of monthly, and for other purposes.

The following communication was read and ordered filed:

Honorable Frank Gross, President State Senate Honorable Roy V. Harris, Speaker House of Representatives State Capitol Atlanta, Georgia

February 28, 1945

Dear Sirs:

Apparently only such items in the new Constitut=on that came up for debate have made any impression on the press and citizens of the State, and the momentous items affecting the finances of the State have been overlooked.
To my mind, the present session of the General Assemb~y should be given a round of applause and congratulations on writing the final chapter on the outstanding financial procedure, which has been worked out over the past twelve years, and through numerous administrations.
It has been said with reference to the old Constitution that Bob Toombs locked the treasury and threw away the key.
Without doubt the new Constitution as enacted by the General Assembly out "Toombs" Toombs himself.
The provision that all moneys collected from taxes, fees and assessments, which

WEDNESDAY, FEBRUARY 28, 1945

989

are authorized by revenue measures, shall be paid into the General State Fund, will be of great benefit to the taxpayers in future years. Under this provision, no special interest or no State department can foster taxation on the people of this State for their own special interest or support. You know, as well as I, that the great game has been in the past to create bad financial conditions in various agencies, thus forcing special taxation on the citizens.

Another provision in the new Constitution which is outstanding within itself is the provision that the appropriations have to be made in specific sums and not by the indefinite process of making appropriations in indefinite amounts by the allocation of the whole, or a percentage of certain taxes. This provision will forever eliminate the unsound financial practice of allowing certain departments to roll in wealth while others starve. There has been a time under the indefinite procedure when certain departments received as high as five million dollars in~rease in appropriations because of a change in economic conditions, while the. legislature was not in session. This causes unnecessary expenditure of tax funds. just in order to use all funds appropriated. This can never be done again under the new Constitution.

The third provision in the proposed Constitution of no small importance is the provision that continues the appropriation act in effect. Under this the State would never find itself again in the position of not having an appropriation act in force and effect for the operation of the State Government.

In another section of the proposed Constitution providing for the continuance of those features in the appropriation act which are of general application and pertaining to the administration, limitation, and restriction on the payment of the appropriations, carries forward such outstanding features that provides for the prevention of any State current indebtedness in the future. This provision is that no payment can be made and no obligation can be incurred against the State unless it has been included in the budget and approved as provided by law. The penalty on the debt prevention clause is that the expenditure shall be illegal and every official authorizing or taking part therein and every person receiving such payment shall be jointly and severally liable to the State for the full amount. This, in my humble opinion, really puts the teeth in the laws controlling the finances of the State.

The last, but by no means the least, is the provision that prevents State departments from accumulating unexpended moneys and requiring the funds to be repaid to the State Treasury.

The State Auditor has cooperated with the General Assembly for the past twelve years in trying to arrive at through the trial and error method a sound financial procedure, and again wish to say that the General Assembly is to be congratulated on the far-reaching financial procedure that they have seen fit to propose for the benefit of the citizens of this State.

Assuring you that it is a pleasure for me to be of service wherever possible to you and the other members of the General Assembly, I am, with best wishes

Sincerely yours,

RET:D

B. E. Thrasher, Jr., State Auditor.

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The following committee report was read and ordered filed:

Honorable Roy Harris Speaker of the House State Capitol Atlanta, Georgia

February 27, 1945

Dear Sir:

Sub-Committee of the Game & Fish Committee, composed of F. A. MeN all and Ralph Knabb and Honorable Walter Harrison, of Jenkins County, made an investigation of the Quail Farm near Chamblee, and wish to submit the following report:
We find that this farm is well taken care of. While it has been run down considerably in the past, it is now being gradually rebuilt and is in very good condition.
In 1933 or 1934, the Game Farm near Chamblee, Georgia, was set aside on lease and approximately $50,000 was spent by the W. P. A., on improvements for this farm. In 1940, $6,000 was asked for this property and the owners were advised that the Division of Wild Life would turn same back to them and the W. P. A., could collect the approximate $50,000 from the owners or the land would be deeded in fee simple to the State of Georgia. The State Game & Fish Commission now holds such a deed for approximately 35 acres and all buildings, equipment, etc., located on the above property.

In 1940, the Division of Wild Life, at that time headed by Charles N. Elliott, produced and distributed approximately 40,000 birds throughout the State. In 1943, when he again became Director of the State Game & Fish Commission, there was not a single bird at the Game Farm. From May 194~ until the present time, this farm has been engaged in rebuilding its brood stock, which today numbers approximately 500 pairs and this is probably normal production stock. Maximum production, with the facilities on hand, is approximately 50,000 birds.
In addition to rebuilding the brood stock 20,000 eggs were distributed in 1944 to the 4-H Club Boys and Girls over the State. This same program will be persued in 1945. This is an educational program with the 4-H Club Boys and Girls throughout the State in cooperation with the Georgia Agricultural Extension Service of the University System of Georgia. The anticipated quail production for 1945 at the game farm will be approximately 20,000 birds. This anticipated number of birds may be less since it is not planned to do extensive restocking but to utilize the game farm as an educational instrument. The present value of the game farm is estimated at $60,000.
We recommend that the State continue operating this farm as in the past, since we feel it is quite an educational feature. We feel that our 4-H Clubs, composed of boys and girls throughout the State, are becoming educated in conservation protection of game and will render great assistance to our Wild Life Department when they are grown up an dpass this information along which they are receiving at the present time.

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991

We wish to recommend Mr. McRae who is in charge of this farm as doing a very good job. Mr. McRae is holding down two or three jobs, and this extra job is not costing the State one dime extra for an overseer at this farm.
Yours very truly,
Committee on Game & Fish Ralph Knabb, S~cretary F. A. MeN all, Chairman

Mr. Kent of Glascock: 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 34.

Respectfully submitted,

Thos. G. Kent of Glasgow, Chairman.

The following report was received from the Committee on Game and Fish and ordered filed:
Mr. Speaker:
The sub-committee appointed by the Chairman of the Committee on Game and Fish to visit the port of Brunswick: and inspect the commercial fishing industry at that point on the Georgia Coast begs to submit the following report:
Your Committee visited Brunswick: on the 24th and 25th of February. We made the trip by train and on arriving in Brunswick: we were quartered at Oglethorpl' Hotel where every possible courtesy was shown our group. After breakfast, as guests of Hon. Charles L. Gowen, one of the members of the House of Representatives from Glynn County, we were taken to the plant of Lewis Crab Factory where we witnessed the processing of crab meat and found a flourishing industry giving employment to hundreds of people who would otherwise find it difficult making a living. We were then taken on three of the newest additions to the fishing fleet of the Lewis Crab Factory and made a trip to sea an<! back: during which time we saw shrimp trawling and witnessed several bushels of high grade Georgia shrimp brought into the holds of the boats as well as a number of fine whiting and numerous crabs and other denizens of the briney deep. While at sea, a lunch was prepared for us consisting of fried fish and shrimp that had been caught only ten minutes before that time and were most delicious. Needless to say, Georgia seafoods are unsurpassed. We were accompanied by Mr. Romey Whorton, one of the proprietors of the Lewis Crab Factory and he did everything possible to make our trip pleasant as well as instructive.

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On our return to port we were taken to the Brunswick Yard of the J. A. Jones Construction Corporation where we were met by Mr. Charles Ellzey, of their Public Relations Department, who personally escorted us through the yard and where we saw 10,000-ton Liberty ships in process of construction as well as some of the new VC-1 Coastwise ships. We were privileged to return to the yard the next morning and witness the launching of the CHARLES C. RANDELMAN. It was a wonderful sight to see this massive ship, the product of the toil of our native Georgians, take its place in the ever growing Merchant Marine of the United States.
On the night of February 24th, we were entertained for dinner as guests of the Honorable R. A. Gould, Chairman of the County Commissioners of Glynn County, and the Honorable J. Hunter Hopkins, Mayor of the city of Brunswick, and Senator James D. Gould of the 4th District.
On the morning of February 25th, we were taken in boats of the State Fish and G!ime Commission for an inspection trip of Brunswick harbor which included a trip to Little St. Simon Island, the game preserve of the late Phillip Berolzheimer, where we were provided with a delightful picnic lunch. There we also had the privilege of seeing many of the deer with which this reserve is stocked. We were accompanied on the trip by Dr. E. P. Creaser, supervisor of Coastal Fisheries. He gave us much information concerning the commercial fisheries of our State and the wonderful opportunity that is present to preserve and add to our natural resources.
We cannot speak too highly for the wonderful cooperation and generous hospitality that we met on every hand at Brunswick, truly one of the most delightful cities in the Southeast.
Respectfully submitted,
A. W. Alexander J. L. Holbrook A. M. Campbell C. G. Williams ]. B. Glisson C. F. Griswell W. L. Broome.

The following resolutions of the House were read and adopted:

HR 121. By Messrs. Fowler of Douglas and Matthews of Paulding.
Aresolution commending Senator Walter F. George on his sponsorship of Federal aid to vocational education and urging the support of the Georgia delegation in Congress for said bill.

HR 122. By Messrs. Kendrick of Fulton, Phillips of Columbia and Durden of Dougherty.
A resolution commending the Southern Bell Telephone and Telegraph Company, and in particular Misses Lona Deal and Edith Morrison for their

WEDNESDAY, FEBRUARY 28, 1945

993

efficient and courteous services during the present session of the General Assembly; and for other purposes.

HR 123. By Mr. Gowen of Glynn.
Be it resolved by the House of Representatives that the Clerk of the House, the Honorable P. T. McCutchen Jr., be and he is hereby authorized and directed to confer with the Honorable Marion Allen, Collector of Internal Revenue, and the Honorable J. Eugene Cook, Commissioner of Revenue, for the purpose of securing a sixty day extension for the filing of income tax returns, both State and Federal, for each member of this House and its attaches.

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

HB 94. By Mr. Fortson of Wilkes.
A bill to be entitled an act to provide a complete and comprehensive vital statistics law; to provide compulsory registration of births, and for other purposes.
Mr. Ray of Warren moved the previous question on House Bill No. 94, substitute and amendments. The motion prevailed and the main question was ordered.
The following substitute was read:
A bill to be entitled an act to provide a complete and comprehensive Vital Statistics Law for Georgia; providing the powers and duties of the State Board of Health and Division of Vital Statistics; to authorize the Director to appoint registrars and deputies; to provide their duties; to provide compulsory registration of births; to provide for the issuance of birth certificates; to require registration of foundlings; to require registration of deaths and stillbirths; to make certain medical reports and other information confidential; to make certificates filed under the provisions of this act prima facie evidence of the facts stated therein; to authorize the issuance of certified copies of birth certificates under stated conditions, and to provide for the payment of fees for such certificates; to require certain persons to make records; to require granting of permit for removal, burial, or other disposition of dead body; to require a copy of each birth, death, or stillbirth certificate to be forwarded monthly to the county custodian of vital statistics records; to provide compensation for local registrars; to provide for disposition of fees received by the Department under this act; to provide for the registration of marriage, together with a registration fee; to povide for registration of divorce and annulment of marriage, together with the registration fee; to provide penalties for the violation of this act; to authorize reasonable rules and regulations to be promulgated; to repeal Chapter 88-11 and 88-12 of the Code of Georgia entitled "Vital Statistics" in its entirety, together with an amendment entitled "Adopted Children-Birth Certificates" ap-

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proved March 20, 1943 (Ga. L. 1943, pp. 420-421). It is not the purpose to revive Section 14, subsection 2 of Georgia Laws 1941, pages 300 et seq., but the same is expressly repealed as set forth in the latter amendment; to repeal all conflicting laws; and for other purposes.
Section 1. The object and purpose of this act is to make and provide a complete and comprehensive Vital Statistics Law for the State of Georgia and to repeal all laws or parts of laws in conflict herewith; to expressly repeal Chapter 88-11 and 88-12 of the Code of Georgia, the same pertaining to "Vital Statistics"; to expressly repeal an act entitled "Adopted Children-Birth Certificates" approved March 20, 1943; to expressly repeal subsection 2 of Section 14 of an Act approved March 27, 1941 (Ga. L. 1941, pp. 300-310); to repeal any law or laws in conflict with this act.
Section 2. Definitions. As used in this act:
( 1) "Vital Statistics" includes the registration, preparation, transcnptton, collection, compilation, and preservation of data pertaining to births, adoptions, legitimations, deaths, stillbirths, marital status, and data incidental thereto.
(2) "Live Birth" means the birth of a child who shows evidence of life after the child is entirely outside the mother.
(3) "Stillbirth" means a birth after twenty weeks' gestation which is not a live birth.
(4) "Dead body" !Jieans lifeless human body or such parts of the human body or the bones thereof from the state of which is reasonably may be concluded that death recently occurred.
( 5) "Person in charge of interment" means any person who places or causes to be placed a stillborn child or dead body in a grave, vault, or other receptacle or otherwise disposes thereof.
(6) "Physician" means a person legally authorized to practice medicine in this State.
(7) "Board" means State Board of Health.
(8) "Department" means Department of Public Health.
(9) "Director" means Director of the Department of Public Health.
Section 3. Duties of the State Board of Health. The State Board of Health shall:
( 1) Establish a Division of Vital Statistics with suitable offices properly equipped for the preservation of its official records.
(2) Install a state-wide system of vital statistics.
( 3) Make and may amend necessary regulations, give instructions and prescribe forms for collecting, transcribing, compiling, and preserving vital statistics.
(4) Enforce this act and the regulations made pursuant thereto.
Section 4. The regulations of the Board shall take effect after passage and aoproval by the Board.

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995

Section 5. Registration Districts. The Board shall divide the State from time to time into registration districts which shall conform to political subdivisions, or combinations thereof, or of parts thereof. Any city with an ~rganized H~alth Department shall be considered a political subdivision for purposes of registration of vital statistics.
Section 6. Local Registrars and Deputies. The Director s.hall appoint registrars. A local registrar shall be Justice of the Peace, or Ex-officio Justice, or any person selected by the Director. A local Registrar, subject to approval of the Director, shall appoint a deputy or deputies. The local registrar shall immediately report to the Department violations of this act or the regulations of the Board.
Section 7. The Local Registrar or his deputy shall not issue certified copies of any vital statistics records in his possession. All such records shall be deemed to be the property of the Georgia Department of Public Health.
Section 8. Compulsory Registration of Births. Within the time prescribed by the Board, a certificate of every birth shall be filed with the local registrar of the district in which the birth occurred; such certificate shall be filed by the father, or if the father is not available, by the mother, and, in the absence of both, by the next of kin or the person having custody of the child. A confidential medical report of each birth shall be made upon a form which shall be prescribed by the State Board of Health, which report shall be filed by the physician, midwife, or other legally authorized person in attendance at the birth, with the State Department of Public Health, which report shall be used for statistical and public health purposes only.
Section 9. Supplemental Report of N arne. In the event the child has not been named at the time the certificate is filed, the local registrar shall deliver to the parents a blank for the supplemental report of the given name of the child, which shall be filled out and returned to the local registrar as soon as the child shall have been named and shall be forwarded to the State Department of Public Health with his regular report.
Section 10. Adoptions. In case of adoption of a person born in the State of Georgia it shall be the duty of the clerk of the superior court to forward by the fifteenth of the following month a certified copy of the adoption proceedings to the Division of Vital Statistics of the Georgia Department of Public Health. The Division upon receipt of the certified copy of the adoption proceedings and upon request of the adopting parents shall prepare a substitute certificate on a form prescribed by the State Board of Health in the name of the adopted person, naming the true date and place of birth and sex of said adopted person and statistical particulars and names of the foster parents in place of natural parents. The Division shall make a substitute birth certificate if furnished with a certified copy of the order of adoption for any birth certificate in its custody. If no birth certificate is found to be on file for the adopted person and if such person was born in the State of Georgia, a delayed birth certificate shall be executed according to provisions of Section 23. The Division of Vital Statistics shall send a copy of the substitute record to the official responsible for the maintenance of county and/or city vital

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statistics records as the Board may direct, and such official shall substitute said substitute record for the certificate on file in his office. The copies of the original county birth record shall then be forwarded to the Division of Vital Statistics to be sealed with the original record in the files of the Division of Vital Statistics. Such sealed records may be opened by the Division of Vital Statistics only upon demand of the adopted person, if of age, or by order of a court of competent jurisdiction. Upon receipt of a certified copy of a court order of annulment of adoption, the Division of Vital Statistics shall restore the original certificate to its original place in the files.

Section 11. Birth Certificate of Illegitimate Child. If the child if illegitimate, the name of the putative father shall not be entered without his consent in writing.

Section 12. Amendment of Certificates. No certificate accepted for filing by the Department shall be altered in any manner nor shall any certificate be amended except by order of the Court of Ordinary of the county of birth or residence of the child. The Board shall provide the forms and prescribe by regulation the minimum evidence requirements for amending such certificates. The ordinary shall receive a fee of $1 for this order to be paid by the applicant.

Section 13. Registration of Foundlings-Foundling Report. Whoever assumes the custody of a foundling child of unknown parentage shall file immediately with the local registrar of the district a certificate upon a form to be prescribed by the Board, which certificate shall be acceptable for all purposes in lieu of a birth certificate. If the child is identified and a regular birth certificate is found or obtained, the foundling certificate shall be sealed and filed and may be opened only upon court order.

Section 14. Registration of Deaths and Stillbirths. The person in charge of

interment shall be responsible for obtaining and filing, within the time prescribed by

the Board with the local registrar of the district within which the death or still-

birth occurred or the body was found, a certificate of death or stillbirth, upon a form

to be prescribed by the Board.



Section 15. Compulsory Registration of Deaths and Stillbirths. A certificate of every death or stillbirth shall be filed with the local registrar of the registration district within which the death or stillbirth occurred, within the time prescribed by the Board, or, if the place of death or stillbirth is unknown, then with the local regisrar of the district in which the body is found.

Section 16. Death Certificates.
( 1) The person in charge of interment shall file, with the local registrar of the district in which the death occurred or the body was found, a certificate of death within the time prescribed by the Board.
(2) In preparing a certificate of death, the person in charge of interment shall obtain and enter on the certificate the personal data required by the Board from the persons best qualified to supply them. He shall present the certificate of death to the physician last in attendance upon the deceased or to the coroner having jurisdiction who shall thereupon certify the cause of death according to his best knowledge and belief.

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997

( 3) Thereupon the person in charge of interment shall notify the appropriate local registrar.
(4) Deaths from criminal violence, or by a casualty, or by suicide, or suddenly while in apparent good health, or when unattended by a physician, or in any suspicious or unusual manner, shall be reported forthwith to the county coroner, who shall execute a certificate of death upon a form prescribed by the Board.
Section 17. Stillbirth certificates. In the filing of certificates for medically attended stillbirths, the procedure provided in Section 15 for filing death certificates shall be followed: Stillbirths without medical attendance shall be referred to the county or city health officer or, if there is no health officer to the coroner, who shall execute the stillbirth certificate. The form of stillbirth certificate shall be prescribed by the Board.
Section 18. Certificates as Evidence. Certificates filed under the provisions of this act shall be prima facie evidence of the facts stated therein.
Section 19. Certified Copies-Birth Certificates. Certified copies of birth records containing complete information shall be issued only by the Department, by the ordinary, or by the city or county health officer designated as custodian of local vital statistics records when requested to do so by any of the following:
( 1) The person whose record of birth is registered, if of age;
(2) Either parent of the person whose record of birth is registered;
(3) The legal representative of the person whose record of birth is registered;
(4) Order of any Court of Record;
(5) Any governmental agency, State or Federal, provided such certificate shall be supplied without cost to the State.
Section 20. Certified Copies.
(1) Subject to the provisions of Sections 19 and 24, the Department or ordinary or other custodian of vital statistics records shall, upon request, issue to any applicant a certified copy of any certificate or any part thereof.
(2) Certified copies of the contents of any certificate on file in the Department or any part thereof, certified by the Director or his deputy appointed for this purpose, shall be considered for all purposes the same as the original.
Section 21. Fees for Certified Copies. For certified copies, certifications, and verifications of information from the records filed under this Act, fees shall be collected as follows:
( 1) Full certified copies-$!.
(2) Short forms-issued under provisions of an act approved March 11, 1943
(Ga. L. 1943, pages 428-429)-50c.
(3) Verifications of Information on File. Such verifications being limited to such Govrrnmental and private agencies as may be determined by the Board-25c.

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Section 22. Disposition of Fees. Be it further enacted that all fees received by the Department for certified copies, certifications, verifications, marriage reports, and divorce reports as provided in this act shall be placed in a special fund, the same being hereby appropriated to the Department of Public Health for the purposes of the enforcement of this act, the Board being hereby authorized to use such sums as are necessary from this fund for supervision and general expenses of the Department of Public Health and to expend the remainder of said moneys so collected to enforce the provisions of this Act.
Section. 23. Delayed Certificates. The Board shall establish regulations and forms for the issuance of delayed birth certificates to persons born in the State for whom no birth certificate has previously been filed.
Section 24. Disclosure of Records.
( 1) The records and files of the Division of Vital Statistics and other vital statistics records are open to inspection, subject to the 11rovisions of this act and the regulations of the Board; but, it is unlawful for any officer or employee of the Board to disclose data contained in vital statistics records, except as authorized by this act and by the Board.
(2) Disclosure of illegitimacy of birth or of information fro,m which it may be ascertained may be made only upon order of a court in case where such information is necessary for the determination of personal or property rights and then only for such purposes.
(3) The Department shall not permit the inspection of vital statistics records or issue a certified copy of a certificate or part thereof unless they are satisfied that the applicant therefor has a direct and tangible interest in the matter recorded. The decision of the Department shall be subject to review by the Board of court under the limitations of this Act.
(4) The Board may permit the use of data contained in vital statistics records for research purposes, subject to such regulations and under such supervision as the Board may direct.
( 5) Subject to the provisions of this section, the Director may direct the Division of Vital Statistics to make a return upon the filing with them of birth, death, and stillbirth certificates and of cerain data shown thereon to federal, state, county, or municipal agencies.
Section 25. Legitimation. In case of legitimation, the Division of Vital Statistics, upon proof thereof, shall prepare a new certificate of birth in the new name of the legitimated child. The evidence upon which the new certificate is made and the original certificate shall be sealed and .filed and may be opened only upon order of court.
Section 26. Persons Required to Make Records. Persons in charge of institutions for care or correction or for treatment of disease, injury, or childbirth shall record and report all statistical data required by this act relating to their inmates or patients.

WEDNESDAY, FEBRUARY 28, 1945

999

Section 27. Permit for Removal, Burial, or Other Disposition. When a death or stillbirth occurs or a dead body is found, the body shall not be disposed of or removed from the registration districts until a permit has been issued by the local registrar or the Department.
Section 28. Prerequisites for Permit. No permit under Section 27 shall be issued until a certificate of death or stillbirth, as far as it can be completed under the circumstances of the case, has been filed and until all the regulations of the Board in respect to the issuance of such permit have been complied with.
Section 29. Foreign Permit for Removal, Burial, or Other Disposition of Body. When death or stillbirth occurs outside this State and the body is accompanied by a permit for burial, removal, or other disposition issued in accordance with the law and regulations in force where the stillbirth or death occurred, the permit shall authorize the transportation into or through this State; but, before the burial, cremation, or other disposal of the body within the State, the permit shall be endorsed by the local registrar who shall keep a record thereof.
Section 30. Transmittal of Certificates to Department. Local registrars shall transmit all original certificates and confidential medical reports filed with them to the Department in accordance with regulations of the Board.
Section 31. Local Record. The Department shall prepare a copy of each birth, death, or stillbirth certificate and forward monthly to the ordinary or other designated custodian of vital statistics records, to provide the local record of vital statistics and to such officials as the Board may direct.
Section 32. Compensation of Local Registrars. Each local registrar shall be paid the sum of 50 cents for each complete birth, stillbirth, or death certificate returned by him to the Department in accordance with the provisions of this Act and the regulations of the Board. In case no birth, death, or stillbirth was registered during any calendar month, the local registrar shall so report and be paid the sum of 25 cents for the report.
Section 33. Payment of Fees. Upon certification by the Department, the fees of local registrars shall be paid by the treasurer of the proper county out of the general fund of the county. The Department shall certify .monthly to the treasurer of each county the number of births, stillbirths, and deaths received from each registrar with the amount due each. The ordinary, the county or city health officer, as the case may be, shall be paid a fee of 25 cents for each birth, stillbirth, and death certificate properly filed and indexed by him, said fee to be paid from county funds by the county treasurer.
Section 34. Registration of Marriage. Each official authorized by law to issue marriage licenses and file marriage cer,ificates shall forward to the Department, within the time prescribed by the Board, a certificate of such information concerning the marriage as the Board may direct, upon a form provided by the Board.
Section 35. Marriage Registration Fee. Every official authorized to issue marriage licenses shall collect from the applicant, at the time of issuance of each license

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in addition to other fees prescribed by law, a marriage registration fee of $1, of which the sum of 50 cents shall accompany each certificate forwarded to the Department in accordance with the provisions of Section 34, of this act, retaining the sum of 50 cents as a fee for performing the service herein provided.
Section 36. Registration of Divorces and Annulments of Marriage. For each divorce or annulment of marriage decreed in this State, the Clerk of the court shall forward to the Department, within the time prescribed by the Board, a certificate of such information concerning the proceding as may be required by the Board, upon a form which shall be provided by the Board.
Section 37. Divorce or Annulment Registration Fee. For every final decree of divorce or annulment of marriage granted, there shall be collected, in addition to the court costs, a registration fee of $1, of which the sum of 50 cents shall accompany each certificate forwarded to the Department in accordance with the provisions of Section 36 of this act, the clerk of the court to retain the sum of 50 cents as a fee for performing the services herein provided.
Section 38. Penalties.
( 1) Any person who willfully makes or alters any certificate or certified copy thereof provided for in this act, except in accordance with the provisions of this act, shall be fined not more than $1,000 or be imprisoned not exceeding six months, or both fined and imprisoned.
(2) Any person who knowingly transports or accepts for transportation, interment, or other disposition of a dead body without an accompanying permit issued in accordance with this act, shall be fined not more than $500.00.
(3) Except where a different penalty is provided in this section, any person who violates any of the provisions of this act or neglects or refuses to perform any of the duties imposed upon him by this act, shall be fined not more than $1,000.00.
Section 39. Severability. 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 or applications of this act 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 40. Repeal. Any and all acts and parts of acts which are inconsistent with the provisions of this act are hereby repealed.
The following amendments to the substitute to House Bill No. 94 were read and adopted:
Mr. Smith of Bryan moved to amend Committee Substitute to House Bill 94, Section 27, by adding at the end of Paragraph 27 after the word "department," the following:
"In rural sections of Georgia the time for filing permits for burial or death certificates shall be extended to six ( 6) days provided the death is of an infant under the age of two (2) weeks."

WEDNESDAY, FEBRUARY 28, 1945

1001

so that Section 27 shall read as follows:

Permit for Removal, Burial, or Other Disposition. When a death or stillbirth

occurs or a dead body is found, the body shall not be disposed of or removed from

the registration district until a permit has been issued by the local registrar or the

Department. In rural sections of Georgia the time for filing permits for burial or

death certificates shall be extended to six (6) days provided the death is of an infant

under the age of two (2) weeks.



Mr. Smith of Bryan moved to amend Committee Substitute to House Bill 94,

Section 38, Paragraph 2, by striking the figures five hundred dollars ($500), and

adding in lieu thereof, twenty-five dollars ($25), so that the amendment shall read

as follows:

Any person who knowingly transports or accepts for transportation, interment, or other disposition of a dead body without an accompanying permit issued in accordance with this Act, shall be fined not more than $25.

Mr. Smith of Bryan moved to amend Committee Substitute to House Bill 94, Section 38, Paragraph 3, by striking the figures one thousand $1,000) dollars and substituting in lieu thereof twenty-five ($25) dollars, so that the amendment shall read as follows:
Except where a different penalty is provided in this section, any person who violates any of the provisions of this act or neglects or refuses to perform any of the duties imposed upon him by this act, shall be fined not more than $25.

Mr. Fortson of Wilkes moved that the House adopt the substitute as amended, the motion prevailed and the substitute as amended, was adopted.

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

On the passage of the bill, by substitute, as amended, the ayes were 103, the nays 11.
The bill having received the requisite constitutional majority, was passed by substitute, as amended.

HB 95. By Mr. Greer of Lanier.
A bill to be entitled an act to provide that the Georgia P'ublic Service Commission may provide by rules and regulations the procedure for rehearing on all orders entered by the 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 113, the nays 0.
The bill having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 77. By Mr. Weaver of Bibb.

A bill to be entitled an act to amend the Workmen's Compensation Act by . providing that the average weekly wage shall be one-twenty-sixth of the total wages earned in the preceding twenty-six weeks, and for other purposes.



The following amendment was read and adopted:

The Committee on Industrial Relations amends Section 1 of House Bill No. 77

by striking the words "twenty-six weeks" wherever the same appears in said section

and inserting in lieu thereof the words "thirteen weeks" and by striking the words

"one twenty-sixth" in subsection 1 of the proposed code section and inserting in lieu

thereof the words "one-thirteenth."

The report of the committee, which was favorable to the passage of the bill was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 103, the nays 0.

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

HB 126. By Mr. Kendrick of Fulton.
A bill to be entitled an act to amend the Workmen's Compensation Act relating to hearings regarding disagreements to provide the manner and method of taking testimony of witnesses in counties other than where the hearing is held, and for other purposes.
The following Committee Substitute to House Bill No. 126 was read and adopted:
A bill to be entitled an act to amend Section 114-706 of the Code of 1933, which provides for hearing in cases of disagreement under the Workmen's Compensation iaws, by providing additional methods of taking testimony for use at such hearings, 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 114-706 of Code of 1933, which provides for hearings in cases of disagreement under the Workmen's Compensation laws, is striken in its entirety and there is inserted in lieu thereof, the following:
"114-706--Hearings regarding disagreements-If the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this title, or if they have reached such an agreement which has been signed and filed with the State Board of Workmen's Compensation, and compensation has been paid, or is due in accordance therewith, and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may

WEDNESDAY, FEBRUARY 28, 1945

1003

make application to the Board for a hearing in regard to the matters at issue, and for a ruling thereon. Immediately after such application has been received, the Board shall set a date for a hearing, which shall be held as soon as p.racticable, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the county where the injury occurred if the same occurred in this State, unless otherwise agreed between the parties and authorized by the Board. If the injury occurred without the State and in one for which compensation is payable under this title, then the hearing above referred to may be held in the country of the employer's residence or place of business, or in any other county of the State which will, in the discretion of the Board, be the most convenient for a hearing. If either party in the matter of disagreement scheduled for a hearing desires to take evidence in any county of this State other than the county of the original accident and injury, or the county of the employee's residence, as the case may be, they may do so by making application either to the Board or the hearing director of said issues in dispute, and if in the discretion of the Board or the hearing Director it is deemed that the evidence is material and necessary to a fair and just adjudication of said issue or issues. The Board or hearing director shall have authority to continue said hearings for the purpose of taking said evidence in any other county of this State, and shall either schedule the hearing for the taking of said evidence in any county of the State of Georgia, or shall direct that the evidence be taken by deposition under the rules now required for taking depositions in civil cases of this State; provided that if the Board of Director directs the parties to take evidence by deposition, the party or parties taking said depositions shall forward the same to the Secretary and Treasurer of the State Board of Workmen's Compensation in the same manner as depositions are filed with the clerks of the Superior Courts in other cases. If either party at issue desires to take the testimony of witnesses without the State the Board or the Director may authorize any officer or employee of the authority charged with administering the Workmen's Compensation laws of the State where such testimony is to be taken to act as commissioner for the taking of the same, or it may direct the taking of such testimony under the same rules now pertaining to the taking of testimony of persons without the State in civil cases."
Section 2. All laws or parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority, was passed by substitute.

HB 61. By Messrs. Dallis and Lam of Troup, Weaver of Bibb, Durden of Dougherty and Trotter of Troup.
A bill to be entitled an act to amend an act approved March 20, 1943 (Ga. Laws, pp. 424-428) by striking Section 3 thereof which requires publication of notice on application for birth certificate, and for other purposes.

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JOURNAL OF THE HOUSE,

By unanimous consent House Bill No. 61 was striken from the calendar.

HB 172. By Mr. Arnold of Spalding.
A bill to be entitled an act to amend the banking laws to provide that no bank shall lend more than thirty per cent of its capital and unimpaired surplus on the stock of any corporation, and for other purposes.
By unanimous consent House Bill No. 172 was striken from the calendar.

HB 151. By Mr. Etheridge of Fulton.
A bill to be entitled an act to amend Section 56-907 of the Code by providing the board of directors of life insurance companies shall consist of not less than five and as many additional as may be provided by the by-laws of such insurance companies, and for other purposes.
The report 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 307. By Mr. Harrison of Jenkins. A bill to be entitled an act to authorize insurance companies to loan 66-2/3% of the value on property instead of 50o/o, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 2.
The bill having received the requisite constitutional majority, was passed.

HB 517. By Messrs. Dorsey and Brumby of Cobb.
A bill to be entitled an act to amend the act approved March 29, 1937 (Ga. Laws 1937, pp. 624) by prohibiting the operation of restaurants, cafes, trailer parks or other public eating houses (except boarding houses) in unincorporated areas without first getting authority from the county authorities, and for other purposes.
The following amendment to House Bill No. 517 was read and adopted:
Mr. McCurdy of DeKalb moved to amend House Bill No. 517 by adding in the caption and in Section 1 after the words "boarding houses excluded," the following language, "Public Taxi-cabs."

WEDNESDAY, FEBRUARY 28, 1945

1005

The report of the committee which was favorable to the passage of the bill, . was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 119, the nays 2.
The bill having received the requisite constitutional majority, was passed as amended.

HB 125. By Mr. Kendrick of Fulton.
A bill to be entitled an act to amend the Workmen's Compensation Act by providing compensation for the loss of the thumb for sixty weeks instead of thirty, and for other purposes.
By unanimous consent House Bill No. 125 was postponed until March 1, 1945.

HB 174. By Messrs. Rossee of Putnam and Oden of Pierce.
A bill to be entitled an act to provide that the State Board of Pharmacy shall appoint a Chief Drug Inspector instead of the Commissioner of Agriculture, and for other purposes.
Mr. McCracken of Jefferson asked unanimous consent that House Bill No. 174 be postponed until March 1, 1945, the request was granted and House Bill No. 174 was postponed until March 1, 1945.

HB 181. By Messrs. Battles of Decatur and Twitty of Mitchell.
A bill to be entitled an act to amend Code Section 92-5712 so as not to allow a property owner to pay the taxes against a part of his property that has been returned or assessed with other property and secure a release from a lien for taxes, and for other purposes.
By unanimous consent House Bill No. 181 was postponed until March 1, 194~.

HB 228. By Mr. Marion Ennis of Baldwin. A bill to be entitled an act to provide a pension system for employees of the State of Georgia, and for other purposes.
By unanimous consent House Bill No. 228 was postponed until March 1, 1945.

HB 444. By Mr. Burch of Dodge.
A bill to be entitled an act to appropriate the sum of $1,841.07 to a judgment in favor of Forehand S. Bass against the State Highway Department, rendered at the May term, 1944, of Dodge Superior Court, and for other purposes.
By unanimous consent House Bill No. 444 was postponed until March 1, 1945.

1006

JOURNAL OF THE HOUSE,

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

HB 512. By Mr. Watford of Long.
A bill to be entitled an act to provide for five road districts in Long county; to provide for five commissioners of roads and revenues, the method of electing, and for other purposes.
The following Senate amendment was read:
Senator Minchew of the 5th moved to amend House Bill No. 512 as follows, to-wit:
By striking fro mthat portion of Section 2 which enacts a new Section 4 in the name of D. W. Davis wherever it appears and inserting in lieu thereof the name of R. 0. Middleton.
And further by adding a new section to be known as Section 3 to be inserted immediately after Section 2 to read as follows, to-wit:
"Section 3. The members of the said Board of Commissioners of Roads and Revenues shall not receive compensation during any calendar year for more than thirty days service as such Commissioner during such year and any members of the said Commission serving more than thirty days on the business of the county shall not receive any compensation for such service above and beyond the period of thirty days aforesaid."
And further by changing the number of the last Section from Section 3 to Section 4.
Mr. Watford of Long moved that the House agree to the Senate amendment to House Bill No. 512.
On the motion to agree to the Senate amendment to House Bill No. 512, the ayes were 103, the nays 0, and the Senate amendment was agreed to.

Mr. Smith of Emanuel moved that the House adjourn until 9:00 o'clock tomorrow morning, and the motion prevailed.

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

THURSDAY, MARCH 1, 1945

1007

Fifty-third Day

Representative Hall, Atlanta, Georgia.

Thursday, March 1, 1945

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 scripture reading and prayer by Dr. Thomas W. Haygood of Villa Rica, Georgia.

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

Mr. Evitt of Catoosa, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
( 1) Introduction of bills and resolutions. (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) Third reading and passage of uncontested local bills and resolutions. (6) First reading and reference of Senate bills.

Mr. Harrison of Jenkins moved that the House reconsider its action on passing the following bill of the House, to-wit:

HB 184. By Messrs. Durden of Dougherty, Arnall of Coweta, Hand of Mitchell, Gowen of Glynn, Dorsey of Cobb and Culpepper of Fayette.
A bill to be entitled an act to amend the "Motor Fuel Tax Law" to provide for taxation of motor fuel placed in aircraft. in Georgia for use in intrastate flights, and for other purposes.
The motion prevailed and House Bill No. 184 was reconsidered, taking its proper place on the calendar.

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

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JOURNAL OF THE HOUSE,

HB 614. By Mr. Etheridge of Butts.
A bill to be entitled an act to amend the charter of the city of J ack:son to provide for hearing by the Board of Tax Assessors as to assessments and objections, and the method of giving notice, and for other purposes.
Referred to the Committee on Municipal Government.

HR 133. By Mr. Arnold of Spalding:
A resolution memoralizing Congress to amend Title 3 of the Servicemen's Readjustment Act of 1944 so as loans to returning veterans of World War II shall be liberalized, clarified and simplified, and for other purposes.
Referred to the Committee on Veterans Affairs.

Mr. Fortson of Wilkes county, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back: to the House with the following recommendations:
SB 129. Do Pass.
Respectfully submitted,
Fortson of Wilkes, Chairman.

Mr. Bloodworth of Bibb 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 201. Do Pass as Amended.
SB 202. Do Pass. Respectfully submitted,
Bloodworth of Bibb, Chairman.
Mr. Pittman of Bartow county, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report:

THURSDAY, MARCH 1, 1945

1009

Mr. Speaker:

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

SR 41. Do Pass.

Respectfully submitted,
Pittman of Bartow, 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 considera-
tion the following bills of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 169. Do Pass.
SB 182. Do Pass as Amended.
SB 206. Do Pass. Respectfully submitted,
F. H. Sills of Candler, Chairman.

Mr. Young of Muscogee 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 instructed me as Chairman, to report the same back .to the House with the following recommendations:

HB 613. Do Pass. SB 135. Do Not Pass.

SB 162. Do Pass.

Respectfully submitted,

Young of M uscogee, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Knabb of Charlton county, Chairman of the Committee on P'rivileges 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 have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 209. Do Not Pass.

SB 155. Do Pass.

Respectfully submitted,

Ralph Knabb of Charlton, Chairman.

Mr. W. L. Broome of DeKalb county, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Military Affairs have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 217. Do Pass. Respectfully submitted, W. L. Broome of BeKalb, 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 167. Do Pass.

Respectfully submitted,

Mason of Morgan, Chairman.

Mr. Wells of Ben Hill county, Chairman of the Committee on Engrossing, oubmitted the following report:

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1011

Mr. Speaker:
Your Committee on Engrossing examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House, to-wit:
HB 77 HB 126 HB 151 HB204 HB 307 HB 453 HB 612 HR 105 HR106 HR 124 HR 119 HB 94 HB 523 HB 95 HB.125 HB 166 HB 174 HB 327 HB 370 HB 492 HB 514 HB 515 HB 551 HB 561 HB 580 HB 588

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JOURNAL OF THE HOUSE,

HB 603 HR 94 HR 107 HR 108 HR 112 HR 116 HR 117 HR 120 HR 126 HR 127 HR 129

Respectfully submitted, Wells of Ben Hill, Chairman.

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

HB 613. By Messrs. Hatchett of Meriwether and Lam of Troup.
A bill to be entitled an act to make it unlawful for any pupil enrolled in the public schools of this state to become a member of any secret fraternity, sorority; to provide county Boards of Education and independent school systems may prescribe regulations to enforce this act, and for other purposes.

SB 129. By Senators Gross of the 31st, Stone of the 15th, Causey of the 45th, Harrell of the 7th, and Branch of the 47th.
A bill to be entitled an act to regulate the operation of road houses, cabin camps, tourist camps and public dance halls, and for other purposes.

SB 155. By Senators Drake of the 8th, and Freeman of the 22nd.
A bill to be entitled an act to amend Code Section 34-3402 to provide that political mass meetings may be held in the courthouse, or other public building, and for other purposes.

SB 162. By Senator Stone of the 15th. A bill to be entitled an act to repeal Code Section 32-937 and substituting

THURSDAY, MARCH 1, 1945

1013

a new Section 32-937 providing for free tuiti"n in the public schools to children between 6 and 18 and provide veterans of World War II may attend the schools under rules adopted by the State Board of Education, regardless of age, and for other purposes.

SB 182. By Senator Walker of the 45th.
A bill to be entitled an act to provide in counties having a population of less than 18,000 now having probation officers, that the county commissioners shall approve his appointment and fix his salary, and for other purposes.

SB 201. By Senator Millican of the 52nd.
A bill to be entitled an act to amend the Pension Act for the Atlanta Fire Department, to increase the amounts of pensions to be paid pensioners after twenty-five years of service, and for other purposes.

SB 202. By Senator Millican of the 52nd.
A bill to be entitled an act to amend the Pension Act for the P'olice Department of the City of Atlanta, to provide method of service and age to retire; to provide amount of pensions to be paid on retirement; to provide for giving credit to members on military leave; and for other purposes.

SB 206. By Senator Branch of the 47th.
A bill to be entitled an act to provide in all divorce petitions filed in Colquitt county a deposit of $12.00 shall be made as cost, and for other purposes.

SR 41. By Senator Turner of 34th.
A resolution proposing an amendment to the Constitution to authorize DeKalb county to levy a tax of 6 mills within the territorial limits of local school districts to be expended for school purposes within the local school district, and for other purposes.

SB 167. By Senator Millican of the 52nd.
A bill to be entitled an act to repeal in its entirety an act to prevent the practice of fraud upon the public in the sale and use of oleomargarine approved September 21, 1883 (Ga. Laws 1882-3, page 124), and for other purposes.

SB 169. By Senator Millican of the 52nd.
A bill to be entitled an act to establish a pension fund for members of Fulton County Police Department, and for other purposes.

1014

JOURNAL OF THE HOUSE,

SB 217. By Senator Grayson \lf the 1st.
A bill to be entitled an act placing the State Guard under the military department of the State; fixing the date for the termination of the State Guard organization, and for other purposes.

The following resolution of the House was read and adopted:

HR 119-612a. By Mr. Culpepper of Fayette.
A resolution providing for John J. Davis to file a claim with the Board of Workmen's Compensation as entitled by law, 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 cal-
endar of business for today has established the following order of business to begin immediately after the period of unanimous consents and to take precedence over all other business, to-wit:
All General Bills with local application. HB 204. Unemployment Insurance HB 255. Probation Officer HB 580. School Superintendents HR 107-601 A. HR 117-611 B. HB 514. Board of Regents HR 108-601 B. Pay Paul Strickland HB 166. Clerks
HR 116-611 A. Relieve F. B. West
HB 588. University System HR 94-568 B. Suspension taxes on motor fuels. HB 551. Live Stock belonging to State. HB 515. Street Railways. HR 89-562 A. Special Appropriation HR 81-535 B. Special Appropriation HB 370. Fish Bill

,

THURSDAY, MARCH 1, 1945

1015

HR 76-523 B. Special Appropriation. HR 75-523 A. Special Appropriation

By unanimous consent the following bills of the House we.r:e taken up for consideration, read the third time and placed upon their passage:

HB 603. By Messrs. Holley, King and Harris of Richmond.
A bill to be entitled an act to provide for the appointment of a court reporter for the City Court of Augusta, and to fix the rate of 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 105, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 612. By Messrs. Harris, Holley and King of Richmond.
A bill to be entitled an act to authorize the Board of Commissioners of Roads and Revenues of Richmond County to levy occupation taxes and license fees in the county outside of incorporated 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 106, the nays 0.
The bill having received the requisite constitutional majority, was passed.

Under the special and continuing order of business fixed 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 204. By Messrs. Harris of Richmond and Gowen of Glynn.
A bill to be entitled an act to amend the unemployment compensation act, to exempt certain commissioned agents of common carriers, and for other purposes.
The following substitute was read and adopted:
A bill to be entitled an act to amend an act approved March 29, 1937 entitled "An act to provide for the establishment of an Unemployment Compensation Division in the State Department of Labor" known as the "Unemployment Compensation Law" (Georgia Laws 1937, p. 806) as amended by subsequent acts (Georgia

1016

JOURNAL OF THE HOUSE,

'

Laws 1937-38, Ex. Sess. p. 356; 1941, p. 532) to remove from the scope of said act certain commission agents of common carriers; and for other purposes.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that:
Section 1. Section 19 of the "Unemployment Compensation Law," as enacted by act approved March 29, 1937 (Georgia Laws 1937, p. 806, 840) and amended by subsequent acts (Georgia Laws 1937-38, Ex. Sess. p. 356, 363; 1941, p. 532, 552) IS further amended as follows:
(a) By adding to subsection (f) of said Section 19 the following:
"Provided that a common carrier of persons or property shall not, by reason of anything in this sub-section (f) contained, be deemed, for the purposes of this act, to employ any individual in the employ of a commission agent for such common carrier, if the services performed by such commission agent for such common carrier do not themselves constitute 'employment' as in subsection (h) hereof defined."
(b) By adding the following new paragraph to subdivision ( 7) of subsection (h) of said Section 19 after paragraph (N), said new paragraph to be designated (0).
" (0 )-Services performed for an employer who is a common carrier of persons or property by an individual (or firm or corporation), as commission agent, in disseminating information with respect to, and selling, transportation of persons or property, and in maintaining facilities incidental thereto, including waiting, lunch or rest rooms for passengers and storage space for property, provided that ( 1) all such serv-. ices are performed by such individual (or firm or corporation) as an independent contractor for such employer and are remunerated solely by way of commissions on the sale price of such transportation, (2) the employer exercises no general control over such commission agent but only such control as is necessary to assure compliance with its filed tariffs and with the Laws of the United States and the State of Georgia, and the rules and regulations of the P'ublic Service Commission, the Interstate Commerce Commission and all other regulatory bodies having jurisdiction in the premises, and (3) such services are not rendered in an establishment devoted primarily to use as a waiting room for the passengers or storage room for the property carried or to be carried by such common carrier.
Section 2. All laws or parts of laws inconsistent with this act are hereby repealed.
Section 3. This act shall take effect immediately upon its approval by the Governor.

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 passed the requisite constitutional majority, was passed by substitute.

THURSDAY, MARCH 1, 1945

1017

HB 255. By Messrs. Gowen of Glynn, Durden of Dougherty, Hicks of Floyd and Alexander of Chatham.
A bill to be entitled an act to provide for circuit probation officers in the judicial circuits of this State; to provide for clerks and deputy probation officers; to provide for their duties and compensation; and for other purposes.
Mr. Gowen of Glynn asks unanimous consent that House Bill No. 255 be striken from the calendar, the request was granted and HB 255 was striken from the calendar.

HB 580. By Messrs. Hatchett and Thompson of Meriwether, Mrs. Guerry of Macon, Lam of Troup and Kenimer of Harris.
A bill to be entitled an act to repeal Code Section 32-1006 and substitute a new section to provide County Superintendents of Schools shall be classified and certified under the provision of an act of 1937, pp. 882-885; to provide the State Board of Education shall fix their salaries, and for other purposes.
The following amendment was read and adopted:
Mr. Brooks of Whitfield moved to amend HB 580 by striking the period after the word "month" in the second section and inserting in lieu thereof a comma and adding thereafter the words, "nor more than $100.00 per month."

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 and nays were ordered and the vote was as follows:
Those voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Almand Arnall of Coweta Arnold of Spalding Baker Bargeron Barrett Barwick Beddingfield Black Bloodworth of Bibb

Bloodworth of Houston Boynton Britton Brock Brooke Brumby Brunson Campbell Cheek Cheshire Claxton Connell

Conner at Cowart Crowley Dorsey of Cobb Ennis, J. H. Ennis, Marion Etheridge of Butts Evitt Fortson Fowler Garrison Gaskins

1018

JOURNAL OF THE HOUSE,

Gavin Gibson Glisson Gowen Greene Greer Griswell Guerry Harden Hardy of Hall Hatchett Herndon Hicks Hinson of Jeff Davis Holbrook Holley Hollis Holloway Hooks Hubert Jennings of Terrell Johns Kelley Kendrick Kenimer Kennon Key King Lam Lancaster Looper

Maund McCracken McCurdy Mallard Mankin Mann of Henry Mason Matthews of Peach Medders Miller Mitchell l\lloore Mosley Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Oliver O'Shea! Parham Parks Pannell Pettit Phillips Pittman of Bartow Pittman of Tift Porter Ramey

Those voting in the negative were:

Adamson Ansley Battles Chastain Culpepper DeFoor Gammage

Giddens Guyton Harrison of Screven Herrin Hurst Jackson

Those not voting were :

Adams Banks Broome Rurch

Callaway Cates Chance Crow

Ray Ritchie Rossee Rowland Sapp Seagler Seagraves Sheffield Shields Sills Smiley Smith of Emanuel Smith of Oglethorpe Sparks Sumner Swint Thompson Thornton Thrash Twitty Watford Weaver Wells of Ben Hill Wells of Lincoln Williams of Appling Williams of Jones Williams of Toombs Williams of Ware Willis Wilson
Massey Morrison Pennington Strickland of Pike Whaley Witheringtoq
Dallis Dorsey of White Dupree Durden

THURSDAY, MARCH 1, 1945

1019

Dykes Etheridge of Fulton Freeman Gary Gilbert Hall Hampton Hand Hardy of Jackson Harrison of Jenkins Harrison of Wayne Hart Hefner Hill Hinson of Ware Hogg

Holleman Jennings of Sumter Kent Knabb Lane Lewis Littlejohn Livingston Lovett McNall Malone Mann of Rockdale Manous Matthews of Paulding Moys of Brooks

Odom Overby Powell Price Riddlespurger Roughton Sears Smith of Bryan Strickland of Upson Trotter Underwood Williams of Coffee Williams of Gwinnett Willoughby Young

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 19.

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

HR ll7-6llb. By Messrs. Gilbert of Glynn, Evitt of Catoosa, Ray of Warren, Brook and Britton of Whitfield, Connerat of Chatham, Smith of Emanuel, Pittman and Pettit of Bartow, Etheridge of Fulton and Price of Clarke.
A resolution directing the Public Service Commission to negotiate with the Army Engineers for plans for relocation of the right of way of the Western and Atlantic Railroad at the site of the Allatoona Dam Project in Bartow county, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 103, the nays 0.
The resolution having received the requisite constitutional majority, was adopted.

HR 107-601a. By Mr. Maund of Talbot.
A resolution requesting the Governor, the State School Superintendent and the State Board of Education to suspend the rigid enforcement of the numerical attendance requisite for accrediting of grammar schools until more normal conditions return, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

1020

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.

HB 514. By Mr. Greer of Lanier.
A bill to be entitled an act to direct the Board of Regents of the University System of Georgia to construct and operate a hospital for the indigent sick at the State Medical College, and for other purposes.
The following amendments were read and adopted:
Mr. Greer of Lanier moved to amend HB 514 by adding to line 2 of Section the following words "to buy or lease" so that when amended Section 1 will read as follows:
Section 1. That the Board of Regents of the University System of Georgia are authorized and directed to build, buy or lease a hospital for the indigent sick or near indigent sick to be operated in conjunction with the Medical College.
Messrs. Fortson of Wilkes and Greer of Lanier moved to amend HB 514 by adding a new section appropriately numbered to read as follows:
Section 3. The Board of Regents is hereby authorized to contract with any hospital for clinical purposes and for the training of medical students of the University.
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.

HR l08-601b. By Mr. Gowen of Glynn.
A resolution to appropriate $2500.00 to pay Paul M. Strickland for injuries while in line of duty as a member of the Georgia National Ouard, and for other purposes.
The House was resolved into the Committee of the Whole House to consider HR 108-60lb and the Speaker designated Mrs. Mankin of Fulton as Chairman thereof.
The Committee of the Whole House arose, and through its Chairman, reported HR 108-60lb back to the House with the recommendation that the same do pass.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was ordered and the vote was as follows:

THURSDAY, MARCH 1, 1945

1021

Those voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Baker Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Brumby Brunson Campbell Chastain Cheek Cheshire Connerat Crowley Dallis Dorsey of Cobb Dup;ee Durden Dykes Ennis,]. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Gammage Garrison Gary Gaskins Gavin
Gibson Giddens Glisson Gowen Greene Greer

Griswell Guerry Guyton Harden Hardy of Hall Harrison of Jenkins Hart Hefner Herndon Herrin Hicks Hinson of Jeff Davis Hinson of Ware Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Terrell Johns Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Livingston Looper McNall Mallard Mankin Mann of Henry Mann of Rockdale Mason Massey
Matthews of Peach Medders

Miller Moore Mosley Mays of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Oliver O'Sheal Overby Parks Pennington Pettit Pittman of Bartow Pittman of Tift Porter Price Ramey Ray Ritchie Rossee Roughton Sapp Seagraves Sears Sheffield Shields Sills Smiley Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike
Sumner
Swint Thompson Thornton
Thrash Twitty Underwood Watford Weaver

1022

JOURNAL OF THE HOUSE,

Wells of Ben Hill Wells of Lincoln Williams of Appling

Williams of Jones Williams of Toombs Williams of Ware

Willis Witherington

Those voting in the negative were:

Adamson

Barrett

Those not voting were:

Adams Arnold of Spalding Banks Bargeron Boynton Broome Burch Callaway Cates Chance Claxton Connell Cowart Crow Culpepper DeFoor Dorsey of White Fowler Freeman Gilbert

Hall Hampton Hand Hardy of Jackson Harrison of Screven Harrison of Wayne Hatchett Hill Hogg Jennings of Sumter Lane Lewis Littlejohn Lovett Maund McCracken McCurdy Malone Manous Matthews of Paulding

Mitchell Morrison Odom Parham Pannell Phillips Powell Riddlespurger Rowland Seagler Smith of Bryan Strickland of Upson Trotter Whaley Williams of Coffee Williams of Gwinnett Willoughby Wilson Young

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

On the adoption of the resolution, the ayes were 143, the nays 2.

The resolution having received the requisite constitutional majority, was adopted.

HB 166. By Messrs. Oakley of Barrow, Campbell of Newton, Almand of Walton, Holbrook of Forsyth and Gammage of Sumter.
A bill to be entitled an act to provide the State shal lpay to clerks of the Superior Courts $1.00 for each recording of enlistment and discharged records of members of 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 108, the nays 0.
The bill having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 1, 1945

1023

By unanimous consent HB 166 was ordered immediately transmitted to the Senate.

HR 116-611A. By Mr. Hand of Mitchell:
A resolution to relieve F. B. West as surety on the bond of Henry West in
Worth Superior Court, and for other purposes.
The report of the committee, which was favorable to the adoption of the resotion, was agreed to.
On the adoption of the resolution, the ayes were 111, the nays 0.
The resolution having received the requisite constitutional majority, was adopted.

The speaker recognized the presence in the gallery of the Bass Junior High School Civic Class.

The speaker presented to the House Pvt. Joseph Knonemberg from Lawson General Hospital.

Under the special and continuing order of business previously fixed 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 588. By Messrs. Brumby of Cobb and Fowler of Douglas.
A bill to be entitled an act to provide that teachers in the University System of Georgia that receive retirement allowances through the University shall not be disqualified from being members of the retirment system provided by the act approved March 19, 1943, known as "The Teachers Retirement 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 112, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HR 94-568b. By Messrs. Durden and Sapp of Dougherty. A resolution to confirm the action of the Governor in suspending the tax on motor fuels used in the training of air pilots, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, .the ayes were 109, the nays 0.
The resolution having received the requisite constitutional majority, was adopted.

1024

JOURNAL OF THE HOUSE,

HR 112-606a. By Messrs. Alexander, Connerat and MeN all of Chatham.
A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section IV, Paragraph I, of the Constitution of the State of Georgia (2-6901), so as to require the authority which levies county taxes in Chatham county to levy taxes for school purposes, not exceeding fifteen mills on the dollar instead of twelve mills permitted to be levied under said constitutional provision (as amended by the constitutional amendment of 1941) when requested to do so by the Board of Education of said county, and provided such additional levies shall be sanctioned by a majority vote of those voting at an election or elections to be called in said county by the ordinary of said county and held under his jurisdiction not less than thirty (30), nor more than sixty (60), days from the time of said request, and for other purposes.
Section l. Be it resolved by the General Assembly of the State of Georgia, that the amendment to Article VIII, Section IV, Paragraph I (Code 2-6901), of the Constitution of Georgia approved by the Governor of Georgia March 26, 1941 (Georgia Laws 1941, p. 33), and subsequently ratified at the General Election held on June 3, 1941, shall be amended so that the said amendment shall read as follows:
"In addition to the total tax of ten ( 10) mills which is permitted to be levied under this paragraph the authority which levies county taxes in Chatham county shall levy, for school purposes, additional taxes not exceeding five ( 5) mills on the dollar on the assessed value of the taxable property in said county, whenever called upon to do so by such Board of Public Education as has control of the public schools of the county, provided such additional levies are sanctioned by a majority vote of those voting at an election or elections which shall be called by the Ordinary of said county and held under his jurisdiction not less than thirty (30), nor more than sixty (60), days from the time of said request by the Board of Education of said county; which call the Ordinary shall advertise once a week for three weeks in the county newspaper in which legal advertisements of the county are published." The whole additional tax of five mills may, in the discretion of the Board of Education, be voted on at one time, and if the election therefor is carried, the county authorities shall levy the whole or any part of said additional tax of five mills, when and as called upon to do so by the Board of Education of said county. Said election or elections shall be held as ordinary county elections are held. Those favoring the levy of the tax shall vote "for tax for public schools"; those opposed shall vote "against tax for public schools." The returns of said election shall be made to the Ordinary of the county who shall declare the result.
Section 2. Be it further resolved by the authority aforesaid, that when said amendments shall be agreed to by two-thirds vote of the members elected to each of the two Houses, said amendment shall be entered on their journals, with the "ayes" and "nays" thereon, and shall by the Governor be published in one or more newspapers in each Congressional District in the State of Georgia for two (2) months previous to the time of holding the next general election, and said amendment shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the

THURSDAY, MARCH 1, 1945

1025

Constitution shall have written or printed on their ballots the words: "For ratification of amendment to Article VIII, ~ection IV, Paragraph 1, of the Constitution, authorizing the levy of taxes in Chatham county for school purposes not exceeding five mills on the dollar, in addition to:. the total tax of ten mills permitted by said Constitutional provision."
And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: 1'Against ratification of amendment to Article VIII, Section IV, Paragraph 1, of the <;:onstitution, authorizing the levy of taxes in Chatham county for school purposes not exceeding five mills on the dollar, in addition to the total tax of ten mills permitted by said Constitutional provision."
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 required by law in elections for members of the General Assembly, the said amendment shall become a part of Article VIII, Section IV, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make a proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
This 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 of Carroll Alexander of Chatham Ansley Arnall of Coweta Arnold of Spalding Baker Bargeron Barrett Barwick Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Brumby Brunson Campbell Chastain Cheek

Cheshire Connerat Crowley Culpepper Dallis Dorsey of Cobb Dorsey of White Dupree Durden Ennis, J. H. Etheridge of Butts Etheridge of Fulton Evitt Fortson Gammage Garrison Gary Gaskins Gavin Gibson Giddens Glisson

Gowen
Gr~ene
Greer Griswell Guerry Guyton Harden Harrison of Jenkins Harrison of Screven Hart Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Holloway

1026

JOURNAL OF THE HOUSE,

Hooks Hubert Hurst Jackson Jennings of Terrell Johns Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Livingston Looper Maund McCracken McNall Mallard Mankin Mann of Henry Mann of Rockdale Mason

Massey Matthews of Peach Medders Moore Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oliver O'Sheal Overby Parks Pennington Pettit Phillips Fittman of Bartow Price Ramey Ray Ritchie Rossee Roughton Sapp

Those not voting were :

Adamson Almand Banks Battles Boynton Broome Burch Callaway Cates Chance Claxton Connell Cowart Crow DeFoor :pykes Fowler Freeman

Gilbert Hall Hampton Hand Hardy of Hall Hardy of Jackson Harrison of Wayne Hatchett Hollis Jennings of Sumter Lane Lewis Littlejohn Lovett McCurdy Malone Manous Matthews of Paulding

Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Sumner Swint Thompson Thrash Twitty Underwood Watford Weaver Williams of Appling Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington
Miller Mitchell Morrison Oden Odom Parham Pannell Pittman of Tift Porter Powell Riddlespurger Rowland Seagler Seagraves Strickland of Upson Thornton Trotter Wells of Ben Hill

THURSDAY, MARCH 1, 1945

1027

Wells of Lincoln Whaley

Williams of Coffee Williams of Gwinnett

Young

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

On the adoption of the resolution, the ayes were 145, the nays 0.

The resolution having received the requisite constitutional two-thirds majority was adopted.

HR 120-612b. By Mr. Willis of Irwin.
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Paragraph 7, Section 2, of Article 7 of the Constitution of Georgia so as to authorize and provide that the County Board of Education of Irwin county may levy a tax for school purposes on all property located in said county not included in any independent school system located therein, and to provide that the exemption granted in this paragraph shall not apply to the levy made by said Board of Education for school purposes; and for other purposes.
Be it resolved by the General Assembly of the State of Georgia:
Section 1. That Paragraph 7, Section 2, of Article 7 of the Constitution of Georgia, be and the same is hereby amended by adding at the end thereof a provision to read as follows :
"Provided, however, that the exemption herein granted shall not prevent the County Board of Education of Irwin county from levying a tax for school purposes on all property located in Irwin county not included in any independent sch~ol system located therein, including such property as may be exempted from State and county taxation by reason of the homestead exemption herein provided for. The said Board of Education of Irwin county is hereby authorized and e.mpowered to levy for school purposes a tax on all of the property located in said county not included in any independent school system located therein, including the property which may be exempted from State and county taxation by virtue of this paragraph of the Constitution."
Section 2. Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constituion shall have been agreed to by two-thirds of the members elected to each of the two Houses to the General Assembly and the same has been entered on their journals with the "ayes" and "nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general eleotion, at which general election the above proposed amendment shall be submitted for ratification or rejection to the electors of this State, at which election every person shall be qualified to vote who is qualified to vote for the 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 ballot the words

1028

JOURNAL OF THE HOUSE,

"For ratification of Amendment to Paragraph 7, Section 2 of Article 7 of the Constitution providing that the exemption from taxation of the Homestead of residents shall not apply in the county of Irwin as against levies of taxes for school purposes by the County Board of Irwin County" and all persons opposing the adoption of said amendment shall have written or printed on their ballot the words "Against ratification of amendment to paragraph 7, Section 2 of Article 7 of the Constitution providing that the exemption from taxation of the homestead of residents shall not apply in the county or Irwin as against levies of taxes for school purposes by the County Board of Irwin County." If the people shall 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 elections of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

Section 3. Be it further resolved that all laws and parts of laws in conflict with this resolution 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 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 Adamson Alexander of Carroll Alexander of Chatham Ansley Arnold of Spalding Baker Barrett Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Brumby Brunson Campbell Chastain Cheek Cheshire

Connell Connerat Crowley Culpepper Dallis Dorsey of Cobb Dorsey of White Dupree Durden Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Gainmage Garrison Gaskins Gavin Giddens Glisson Gowen

Greene Greer Griswell Guerry Guyton Harden Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis

THURSDAY, MARCH 1, 1945

1029

Holloway Hooks Hubert Hurst Jackson Jennings of Terrell Johns Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Lop per Looper Maund McCracken McNall Mallard Malone Mankin

Mann of Henry Mann of Rockdale Matthews of P'each Medders Moore Mosley Mays of Brooks Mays of Randolph Mullinax Murphy Nicholson Oakley Oden Oliver O'Shea! Overby Parks Pannell Pennington Pittman of Bartow Porter Price Ramey Ray Ritchie Rossee

Those not voting were :

Almand Arnall of Coweta Banks Bargeron Barwick Boynton Broome Burch Callaway Cates Chance Claxton Cowart Crow DeFoor Dykes Fowler Freeman

Gary Gibson Gilbert Hall Hampton Hand Hardy of Hall Hardy of Jackson Herrin Jennings of Sumter Lewis Littlejohn Livingston Lovett McCurdy Manous Mason Massey

Sapp Seagraves Sears Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Sumner Swint Thompson Thrash Twitty Underwood Watford Weaver Williams of Appling Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington
Matthews of Paulding Miller Mitchell Morrison Odom Parham Pettit Phillips Pittman of Tift Powell Riddlespurger Roughton Rowland Seagler Sheffield Strickland of Pike Strickland of Upson Thornton

1030

JOURNAL OF THE HOUSE,

Trotter Wells of Ben Hill Wells of Lincoln

Whaley Williams of Coffee Williams of Gwinnett

Williams of Jones Young

By unanimous consent verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 144, the nays 0.

The resolution having received the requisite constitutional two-thirds majority, was adopted.

HB 551. By Messrs. Glisson of Evans, Harrison of Wayne, Smiley of Liberty and Hooks of Emanuel.
A bill to be entitled an act to provide a method of selling livestock and swine belonging to the State, to the farmers of the State, and for other purposes.
The following amendments were read and adopted:
Mr. Dorsey of Cobb moved to amend Section 2 in line 4 by adding the word "circulation" and before the word "for" the words "including the State Market Bulletin" so that said section, when amended, shall read as follows:
Section 2. That livestock and swine belonging to the State of Georgia, or any agen<:y, board or department of the State, whenever sold, shall be advertised for sale in a newspaper of general circulation, including the State Market Bulletin, for ten {10) days and that all livestock and swine shall be sold at public auction only to farmers of the State of Georgia.
The Committee on General Agriculture No. 1 moved to amend HB 551 by
adding a new section to be designated as Section 5, and to read as follows:
The provisions of this act shall not apply to the University System of Georgia since the animals are used for educational instruction, scientific information, and research work.
Section 5 to be renumbered Section 6.
The report of the committee, which was favorable to the passage of the bill was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority, was passed as amended.

The following resolution was read and adopted:

HR 124. By Mr. Harris of Richmond.

THURSDAY, MARCH 1, 1945

1031

A RESOLUTION
Be it resolved by the House, the Senate concurring, that the General Assembly convene in a joint session in the hall of the House at 2 P. M. today for the purpose of seeing a twenty-five (25) minute picture sponsored by the University System of Georgia on Scientific Farming.

The following message was received from the Senate through Mrs. 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 73. By Mr. Price of Clark.
A bill to be entitled an act creating the Servicemen's Resettlement Corporation, and for other purposes.
The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills
and resolution of the House, to wit:

HR 30. By Mr. Thrash of Coffee, and others.
A resolution repealing a resolution adopted at the extra-ordinary session of 1944 to the effect that members of the State Prison Board should not be employed by the Department of Corrections, and for other purposes.

HB 8. By Mr. Harris of Richmond, and others.
A bill to be entitled an act fixing the salary of the deputy clerk of the Court of Appeals, and for other purposes.
The following message was received from the Senate through Mrs. 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 33. By Messrs. Weaver and Bloodworth of Bibb.
A bill to be entitled an act amending an act so as to further provide for the revival of charters, and for other purposes.

J032

JOURNAL OF THE HOUSE,

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

SB 213. By Senator Edenfield of the 2nd.
A bill to be entitled an act to require the director of the Department of Corrections to pay costs of an inquest where a State prisoner is killed within a State prison or workhouse, and for other purposes.

SB 226. By Senators Moate of the 20th and Mavity of the 44th.
A bill to be entitled an act to amend Code Section 92-6907 relating to County Boards of Tax Assessors to provide for the term they may serve, and for other purposes.
The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requiSite constitutional majority the following bill and resolution of the House, to wit:

HB 570. By Mr. Rossee of Putnam.
A bill to be entitled an act authorizing the proper authorities of Putnam county to pay a salary to the deputy clerk of the County Court, and for other purposes.

HR 68. By Mr. Smith of Bryan, and others.
A resolution requesting that the Governor and certain department heads work diligently toward bringing about the return of property now comprising Camp Stewart, and for other purposes.

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

SR 18. By Senator Millican of the 52nd.
A resolution proposing an amendment to Paragraph 1, Section 7, Article 7 of the Constitution authorizing the City of East Point to acquire land and build a home for the East Point members of the American Legion as a

THURSDAY, MARCH 1, 1945

1033

memorial to East P'oint citizens killed in all wars, and for other purposes. Referred to the Committee on Amendments to Constitution No. 1.

SR 25. By Senator Millican of the 52nd.
A resolution proposing an amendment to Article 7, Section 6, Paragraph 2, by providing the commissioners of Fulton county may levy as one ad valorem tax a sufficient millage to cover all county purposes without making a specific tax levy for specific purposes, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

SB 161. By Senators Edenfield of the 2nd, and Gross of the 31st.
A bill to be entitled an act to create the Georgia Aeronautics Commission; to prescribe their powers and duties, to provide for hearings and investigations, and for other purposes.
Referred to Committee qn Aviation.

SB 197. By Senators Hill of the 36th, and Gillis of the 16th.
A bill to be entitled an act making it a misdemeanor to take any dog, cat or other pet animal into any hotel room or tourist court and prohibiting the owner of the hotel, or tourist court, from permitting such animals to be taken to the sleeping quarters; fixing penalties for the violation of this act and repealing all laws or parts of laws in conflict herewith, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

SB 213. By Senator Edenfield of the 2nd.
A bill to be entitled an act to require the Director of the Department of Corrections to pay costs of an inquest where a State prisoner is killed within a State prison or workhouse; require Director to pay costs of criminal prosecution on graduated scale whenever the crime is committed by a State prisoner in a State prison or workhouse; authorize Budget Commission to provide funds, etc.; and for other purposes.
Referred to Committee on Penitentiary.

SB 226. By Senators Moate of the 20th and Mavity of the 44th.
A bill to be entitled an act to amend Code Section 92-6907 relating to County Boards of Tax Assessors, to provide for the term they may serve, and for other purposes.
Referred to Committee on Counties and County Matters.

1034

JOURNAL OF THE HOUSE,

Under the special and continuing order of business previously fixed 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 515. By Messrs. McNall and Alexander of Chatham.
A bill to be entitled an act to authorize electric street railroad companies to be sold by companies generating electric power without impairing their right to continue generating power, and for other purposes.
The report 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.

HR 89-562A. By Mr. Kenimer of Harris.
A resolution to appropriate $5,000.00 t(\ compensate Mr. and Mrs. J. W. McDonald for permanent injuries received by their infant son when struck by a truck owned by the State Highway Department, and for other purposes.
By unanimous consent HR 89-562a was striken from the calendar.

HR 81-535b. By Messrs. Dorsey and Brumby of Cobb.
A resolution to pay Mrs. Dock Harrison Wooten $5,000.00 for the death of her husband caused by a power pole falling on him at the State Farmers Market, and for other purposes.
By unanimous consent HR 81-535b was striken from the calendar.

HB 370. By Mr. Bargeron of Burke.
A bill to be entitled an act to exempt a resident who catches or produces the fish and other sea foods he sells at retail from paying any license, and for other purposes.
The report 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.

HR 76-523b. By Messrs. Parks of Lumpkin, Hardy of Hall, Boynton of Union, Sparks of Towns, Looper of Dawson, Dorsey of White, Garrison of Habersham and Fortson of Wilkes.
A resolution directing the State Highway Department to pay Roy Beck the

THURSDAY, MARCH 1, 1945

1035

sum of $12.00 for repairs to a truck damaged by a State Highway Asphalt Distributor, and for other purposes.
By unanimous consent HR 76-523b was stricken from the calendar.

HR 75-523a. By Messrs. Parks of Lumpkin, Hardy of Hall, Boynton of Union, Sparks of Towns, Looper of Dawson, Dorsey of White, Garrison of Habersham and Fortson of Wilkes.
A resolution to direct the State Highway Department to pay L. T. Garrett $149.46 to repair the truck damaged by a State Highway asphalt distributor, and for other purposes.
By unanimous consent HR 75-523a was stricken from the calendar.
The Speaker presented to the House the former Governor, Eugene Talmadge.

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

HB 171. By Messrs. Rossee of Putnam and Oden of Pierce.
A bill to be entitled an act to provide that the State Board of Pharmacy shall appoint a Chief Drug Inspector instead of the Commissioner of Agriculture, and for other purposes.
The report 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 492. By Mr. Harrison of Jenkins.
A bill to be entitled an act to amend the "Housing Authorities Law" by providing a regional or county housing authority shall have power to sell or rent dwellings outside of cities and may carry out rural housing projects, and to exempt such dwellings from taxation, and for other purposes.
The report 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 125. By Mr. Kendrick of Fulton. A bill to be entitled an act to amend the Workmen's Compensation Act by

1036

JOURNAL OF THE HOUSE,

providing compensation for the loss of a thumb for sixty weeks instead of thirty, and for other purposes.
The following amendment was read and adopted:
Mr. Weaver of Bibb moved to amend HB 125 by striking the caption and inserting in lieu thereof a new caption reading as follows:
"A bill to be entitled an act to amend Section 114-406 of the 1933 Code of Georgia by striking from subsection (a) the figure 30 and inserting in lieu thereof the figure 60, so that the compensation for the loss of a thumb shall run for 60 weeks as provided in the original Workmen's Compensation Act, instead of for 30 weeks as this provision of said Act was erroneously codified in said Code Section, and for other purposes"; and he also moved to amend Section 1 of said bill by striking therefrom the date "1938" and inserting in lieu thereof the date "1933."
1
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, as amended, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority, was passed as amended.

HB 327. By Messrs. Pittman of Tift and Arnald of Spalding.
A bill to be entitled an act to amend Code Section 13-312 to fix the salaries of the assistant superintendent, Examiners and clerks in 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 passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority, was passed.

HB 561. By Mr. McCurdy of DeKalb.
A bill to be entitled an act to provide that an officer who receives a salary as compensation shall remit any sums to the county or municipality from which he receives compensation by virtue of the seizure and condemnation of any vehicle for violating the State 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 107, the nays 0.
The bill having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 1, 1945

1037

The time having arrived for recess, the Speaker ordered the House recessed until 2 :00 o'clock this afternoon.

2:00 O'Clock P. M.

The Speaker called the House to order.

The following resolution was read and adopted:

HR 125. By Mr. Harris of Richmond.
A RESOLUT:.ON Be it resolved by the House, the Senate concurring, that the joint resolution providing for a joint session be and the same is hereby repealed.

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

HR 124. By Mr. Harris of Richmond.
A resolution by the House, the Senate concurring, that the General Assembly convene in joint session in the Hall of the House of Representatives at 2 p.m. today for the purpose of seeing a moving picture sponsored by the University System of Georgia.

The following resolutions were read and adopted:

HR 126. By Messrs. Harris of Richmond, Culpepper of Fayette, Bloodworth of Bibb, Weaver of Bibb, Bloodworth of Houston, Alexander of Chatham and Connell of Lowndes.
A resolution respectfully urging that our Senators and Representatives in the Congress of the United States use their best efforts to secure the early enactment of the McCarran-Summers bill.

HR 127. By Messrs. Phillips of Columbia, Ray of Warren and Smith of Emanuel.
A RESOLUTION
WHEREAS, the Richmond county delegation were hosts to the General Assembly of the State of Georgia and to many of the State officials and their staffs on the evening of February 28th, 1945, and

1038

JOURNAL OF THE HOUSE,

WHEREAS, this festive occasion was one of great pleasure and enjoyment to the members of the Assembly, diverting them briefly and delightfully from the multitudinous cares of State, from the dubious dinners that otherwise they might have consumed alone, and from the wearying routine of conference, debates and committee meetings, and
WHEREAS, there was ample evidence that the members of this Assembly thoroughly enjoyed themselves on this occasion of good-fellowship:
Therefore be it resolved by the House of Representatives, the Senate concurring, that the General Assembly of the State of Georgia express its appreciation to the members of the delegation from the county of Richmond for their hospitality and convey to them with appropriate forljlality their expressions of appreciation.

HR 129. By Mr. Connell of Lowndes.
A resolution requesting the Governor to suspend the operation of the State Naval Stores inspectio nfees until the next meeting of the General Assembly; also requesting that he not appoint a Supervising Inspector of Naval Stores for the State of Georgia until the General Assembly has had an opportunity to pass on legislation relating to this matter at the 1946 adjourned session.

Mr. Fortson of Wilkes arose on the point of personal privilege and addressed the House.

Under the regular and continuing 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 102. By Senator Minchew of the 5th. A bill to be entitled an act to provide for a salary for the sheriff of Atkinson county 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 108, the nays 0.
The bill having received the requisite constitutional majority, was passed.

SB 105. By Senator Edenfield of the 2nd.
A bill to be entitled an act to provide for four terms of Mcintosh Superior Cour~, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the aves were 109, the nays 0.

THURSDAY, MARCH 1, 1945

1039

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

SB 165. By Senator Millican of the 52nd.
A bill to be entitled. an act to amend the pension system of the City of Atlanta, to make to apply to all officers and employees and provide for payment of arrearage by members on military leave, and for other purposes.
The following substitute to SB 165 was read and adopted:
Substitute to SB 165. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton
AN ACT
To amend an act approved August 20, 1927 (Georgia Laws 1927, page 265) 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 of such cities who have served for 25 years now in active service, whose names are on the payroll of the city and the future members as specified," and amended by the Georgia Laws of 1935, page 445 and by the Georgia Laws of 1941, page 468 and Georgia Laws of 1943, page 551; to add certain new sections so as to make the pension act apply to all officers and employees other than casuale employees; to grant authority to the Board of Trustees to reopen the pension fund upon certain conditions; to fix age and term of service for pension eligibility; provide credit to officers, employees and teachers of annexed municipality or unincorporated territory; to provide payment of the necessary expenses in the operation of the Board of Trustees; to strike Section 4 of the Act approved March 20, 1935 and insert a new section in lieu thereof; to amend Section 6 of the Act approved March 29, 1943 so as to provide a new paragraph as to the payment of arrearage by members on military leave; to strike the last paragraph in Section 9 as set out in Section 3 of the amending act approved March 27, 1941 and insert a new paragraph in lieu thereof as to granting pensions to members totally and permanently disabled; to repeal Section 4 of the Act approved August 20, 1927, which amended the Act of March 27, 1941, and insert a new Section 4; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows:
Section 1. That the Act approved August 20, 1927 (Georgia Laws 1927, page 265) as amended by the Act approved March 28, 1935 (Georgia Laws 1935, page 447) and as further amended by the act approved January 21, 1938 (Georgia Laws 1938, page 349) and as further amended by the Act approved March 27, 1941 (Georgia Laws 1941, page 468) and as amended by the act approved March 19, 1943 (Georgia Laws 1943, page 551) be and is hereby further amended as hereinafter provided in this act.
Section 2. That Section 7 of the act approved March 28, 1935, which amended the act approved August 20, 1927, be and is hereby striken and a new section enacted in lieu thereof, to be known as Section 7, to-wit:

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JOURNAL OF THE HOUSE,

"Section 7. Any and all officers and employees, except the Mayor and members of the General Council, members of Board of Education and department heads elected by the people, who shall become officers or employees of the City of Atlanta after April 1, 1945, shall be compelled to come under the provisions of this act at the end of the first three months of their service, other than those eligible for participation in existing firemen and police pension laws, and those employees whose base compensation is $75.00 or less per month, and shall pay into said fund the amount prescribed by this act. Provided, however, that this act shall not apply to casual employees whose work or employment is irregular and who receives a daily or hourly wage for such occasional work.
Section 3. The aforesaid act is amended by adding the following new sections:
"Section 34. The Board of Trustees shall permit any officer or employee on or before July 1, 1945, who is not now contributing to said pension fund, on written application, to become a member of such pension fund and be entitled to all of the emoluments herein, provided such officer or employee shall pay into said fund the sum of two percentum of his salary computed from November 1, 1927 or, if he began his service with the city subsequent to November 1, 1927, but before May 1, 1935, then said two percentum shall be computed from such date of entering the service of the city, and by paying 3% of his salary to be computed from May 1, 1935 or if subsequent to May 1, 1935, then from the dateo f entry into the service of the city, to the date of his entry into the pension fund andin th e event he desires to provide for the continuance of such payment to his widow, his contribution for the period of employment between November 1, 1927 to May 1, 1935 shall be 3% and from May 1, 1935 to the date of his entrance into the fund shall be 4% and, pro-
vided further he shall serve at least 5 years from the date of his entering said fund
before becoming eligible to retire on a pension. Provided further that the percentum to be paid on the salary enumerated above shalln ot bee omputed on any salary in excess of $200.00 per month. Provided, urther, that the total amount that
may be due to be paid into said pension fund shall be divided into 50 installments to be paid monthly over a period of 50 menths beginning as of the date of his entrance
into said fund."
"Section 35. Effective April 1, 1945, any person employed on or after that date
must attain the age of 55 years and have served 25 years before being eligible to
retire on a pension, provided, however, that the provisions of this section as to age limit shall not apply to any person claiming a pension by reason of permanent disability, nor to any officer or employee on the payroll of the city as of March 31, 1945."
"Section 36. Any person who was an officer or employee of a municipality or a teacher or employee of a county or independent school system which has been or may in the future be annexed or merged with a municipality coming under the provisions of this Act who becomes an officer, employee or teacher of the annexing municipality shall be entitled to credit for the years of actual service they have rendered such annexed municipality or school system in the annexed unincorporated territory; provided, that employees now on the payroll who are entitled to credit for

THURSDAY, MARCH 1, 1945

1041

service rendered and annexed territory must advise the Board of Trustees in writing on or before September 1, 1945 that they desire credit for such service, such persons shall pay into the pension fund the percentage of their monthly salary received from the annexed municipality or school system for the period subsequent to November
1, 1927 that they would have paid for such period if they had been employees of the annexing municipalities. The Board of Trustees may permit this arrearage to be paid in equal niorithly installments not exceeding twenty-four months. Provided, the provisions of this section shall apply to the former officers, teachers, and employees of those municipalities which have heretofore been annexed to the municipality coming under the provisions of this act and all previous acts of Boards of Trustees giving credit for such prior service ar ehereby ratified and confirmed."
Section 4. That Section 4 of the Act approved March 20, 1935 (Acts 1935, page 445) which act amended the act approved August 20, 1927 (Acts 1927, page 265) be and is hereby stricken and in lieu thereof the following section is enacted:
"Section 4. That any member participating in the provisions of this act who leaves the employ of said city before being eligible for retirement shall have refunded to him an amount equal to the amount paid into the said fund less one-half of one per centum per year to cover each year that the member had paid into the fund and received protection under this Act. To illustrate, if at the end of the first year, the member has paid into said fund $10.00 and leaves the service of the city or withdraws from the pension fund, he shall be entitled to a refund of said $10.00 less one-half of one per centum or if at the end of twenty-four years, he has paid into said fund $240.00, he would be entitled to a refund of $240.00 less twelve per centum."
Section 5. That Section 6 of the act approved March 19, 1943 (Act 1943, page 551) which amended the act approved August 20, 1927 (Acts 1927, page 265) is further amended by adding at the end of Section 6, the following paragraph:
"(f) Provided, however, if such officer or employee desires an extension of time to pay his arrearage into said pension fund upon request being made within 90 days after he returns to his service with the city, he shall be granted not more than thirty-six months in which to pay in said arrearage which shall be divided into equial monthly installments during the extended time and no interest shall be charged on said arrearage during the time of extell$ion."
Section 6. Be it further enacted that the last paragraph of Section 9, as set out in Section 3 of the amending act, of the act approved August 20, 1927 (Acts 1927, page 265) which amended the act approved March 27, 1941 (Acts 1941, page 468) which reads as follows: "Should the Board of Trustees refuse to grant a pension upon the ground that the applicant was not totally and permanently disabled, the applicant may select a physician, the Board of Trustees, a physician, and these two shall elect a third physician. These three, who shall be physicians licensed to practice medicine in the State of Georgia, shall thereupon examine the applicant and determine whether or not he or she is totally and permanently disabled. A decision of a majority of these physicians shall be conclusive upon all parties," be and is hereby stricken and in lieu thereof the following paragraph, which shall be a part of the

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JOURNAL OF THE HOUSE,

aforesaid Section 3 of the said amended Act of 1941, is enacted as follows: "The Board of Trustees shall have the applicant for a pension on account of permanent and total disability examined by competent physicians and surgeons. In passing upon the question of permanent and total disability, they may receive and consider the reports and recommendations of such examining medical officers and the applicant shall have the right to submit medical and other competent evidence on the question of his disability and right to be retired. If the Board of Trustees determines that the applicant is not totally and permanently disabled, the act of the Board shall be final. If the determination be that the applicant is totally and permanently disabled, he shall be retired subject, however, to the following conditions: (a) the Board of Trustees shall have the right to at least once a year require the pensioner to submit to a medical examination for the purpose of determining whether or not the pensioner has sufficiently recovered from his disability and is able to return to his former position; (b) if the Board, after such examination ,determines that the pensioner is not actually totally and permanently disabled but is able to return to the position or employment he occupied at the time of retirement and such employment and status as to position, pay and service credit at the time of retirement is offered to such pensioner and he accepts his former position or fails or refuses to accept such offer, then the payment of such disability pension shall cease, as of the date of the acceptance or rejection of the offer.
Section 7. Be it further amended that the following words appearing in the last 4 lines of Section 8 of the act approved March 28, 1935 be and are hereby
stricken: "or for 5 years prior to the time such pensioner was entitled to retire on a pension or for 5 years prior to the death of such pensioner as provided by the
terms of this act."
Section 8. The aforesaid act approved August 20, 1927, be further amended by adding the following, to be known as Section 39:
"Section 39. A member may designate someone, whether related to him or not, who would be entitled to a refund of the amount he has paid into the pension fund if such member should die before being eligible for retirement, and in the event he does not name a person to whom a refund is to be made, such refund shall be made to his estate."
Section 9. That Section 4 of the act .approved August 20, 1927, as amended by the insertion of a new section under the act approved March 27, 1941, be and is hereby stricken and a new Section 4 inserted in lieu thereof, which shall read as follows:
"Section 4. That there is hereby established a Board of Trustees, whose duty it shall be to see that the provisions of this Act are carried out by such cities, that the funds are kept separate. Each of such cities shall have a Board of Trustees composed of the Mayor, the City Comptroller, (or such other officials who may discharge the duties usually assigned to such officers) together with two other members to be elected annually by the Board of Education from the employees of the school department participating in said pension plan, one to be from the teaching employees and one from the non-teaching employees; and one member to be elected

THURSDAY, MARCH 1, 1945

1043

from the non-school employees by the Mayor and General Council at the first general council meeting to be held after the adoption of this Act, and annually thereafter. The Mayor shall be Chairman of the Board of Trustees and the Comptroller shall be Secretary thereof and all members of the Board shall serve without pay, except the Secretary who shall be paid $50.00 per month, from the pension fund. Whenever any pension has been granted by said Board, a check shall be drawn on the fund provided for the payment of the pension each month during the life of the pensioner, signed by the Mayor, countersigned by the Secretary and paid by the Treasurer. The City Treasurer shall be the Treasurer of said Board of Trustees but shall have no power to act as a member of said Board. The Board of Trustees shall be authorized to pay out of the pension fund all necessary expenses in the operation of said Board. Said Board is authorized to make all necessary rules for the carrying out of the provisions of this Act, to reconcile conflicts therein, if any should exist, and to provide for the equitable disposition of any matter not specifically covered by the provision of this act, provided, that all of such rules must be consistent with the terms and spirit of such Act. The present membership of said Board, as now constituted other than the City Treasurer, shall continue as Trustees for their respective terms and the trustee to be elected from the non-school employees shall take office immediately upon notice of his election being certified to the Secretary of the Board and shall hold for such term as is now provided by law, an~ successors shall be elected by the Mayor and General Council."
Section 10. Section 8 of said act approved August 20, 1927, is hereby repealed.
Section II. In the event the hospitals of a municipality coming under the provisions of this act are taken over by a hospital authority or other political subdivision, the officers and employees of such hospitals who are members of this Pension Fund, at the time the hospitals were taken over by said Authority or subdivision and who becom~ officers and employees of the Hospital Authority or political subdivision or taking over such hospitals and such Authority or political subdivision sets up a pension or retirement system, the Board of Trustees of said Pension Fund shall transfer to the authorities in charge of the pension or retirement fund of the Hospital Authority or political subdivision taking over said hospitals the amount of contributions made to the Pension Fund by the officer or employee of such hospitals while a member of said municipal pension fund, as well as the amount contributed by the municipality to match the contribution made by such members. When said Board of Trustees pays said funds into the pension or retirement fund of the Hospital Authority or political subdivision, such Board of Trustees shall stand fully discharged from any further obligations to such former member or members.
Section 12. All acts or parts of acts in c?nflict 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 Ill, the nays 0.
The bill having received the requisite constitutional majority, was passed by substitute.

1044

JOURNAL OF THE HOUSE,

SB 84. By Senator Stone of the 15th, and others.
A bill to be entitled an act to create an integrated State Department of Veterans Service; to provide for the employment of members thereof and for a director of the department; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, the nays 0.
The bill having received the requisite constitutional majority, was passed.

SB 33. By Senator Gross of the 3h.l :,nd others.
A bill to be entitled an act to provide compulsory school attendance of all children between 7 and 16 years of age; to provide for visiting teachers; and for other purposes.
The following amendment was read and adopted:
Messrs. Kenimer of Harris, Lam of Troup, Hatchett of Meriwether moved to amend SB 33 by striking sub-section (b) of Section 3 of said bill in its entirety and substituting in lieu thereof the following:
(h) Children excused from attendance in school by county and/or independent school system Boards of Education in accordance with the general policies and regulations promulgated by the State Board of Education. The State Board of Education in promulgating its general policies and regulations shall take into consideration sickness, seasonable labor and other emergencies which may arise in any school community.
Mr. Hatchett of Meriwether moved the previous question and 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 107, the nays 11.
The bill having received the requisite constitutional majority, was passed as amended.

SB 39. By Senator Gross of the 31st.
A bill to be entitled an act to regulate the employment of children and to define hazardous occupations, and for other purposes.
By unanimous consent SB 39 was tabled.

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

THURSDAY, MARCH 1, 1945

1045

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

HR 125. By Mr. Harris of Richmond.
A resolution by the House, the Senate concurring, that the joint resolution providing for a joint _ession be and the same is hereby repealed.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

HB 542. By Messrs. Hooks and Smith of Emanuel.
A bill to be entitled an act to fix the salary of the tax commiSSIOner of Emanuel county at $4,500.00 per annum, and for other purposes.

HB 547. By Mr Gary of Quitman.
A bill to be entitled an act to abolish the county court of Quitman county, and for other purposes.

HB 549. By Messrs. Holley, Harris and King of Richmond.
A bill to be entitled an act to provide a clerk in the office of the Solicitor of the City Court of Augusta, and for other purposes.

HB 558. By Mr. Guyton of Effingham.
A bill to be entitled an act to increase the salary of the Judge of the City Court of Springfield and provide for a referendum, and for other purposes.

HB 560. By Mr. Mann of Rockadle.
A bill to be entitled an act to provide for two advisors to the County Commissioner of Rockdale county from districts other than the district of the commission; to provide for competitive bids on the purchase of surplus and materials in excess of $1,000.00, and for other purposes.

HB 563. By Dr. Witherington of Wilcox.
A bill to be entitled an act to require a deposit of $10.00 as costs in all divorce petitions filed in Wilcox county, and for other purposes.

1046

JOURNAL OF THE HOUSE,

HB 564. By Messrs. Williams and Hinson of Ware.
A bill to be entitled an act to raise the limit of tax in Waycross for school purposes from 10 to 15 mills, and for other purposes.

HB 569. By Mr. Harrison of Jenkins.
A bill to be entitled an act to fix the salary of the tax commissioner of Jenkins county, and for other purposes.

HB 586. By Mr. Etheridge of Fulton and others.
A bill to be entitled an act to provide that Atlanta and Decatur, Fulton and DeKalb counties may build, lease or acquire joint ownership in trade and vocational schools to be located within or without the limits of such municipalities, and for other purposes.

HB 597. By Mr. McCracken of Jefferson.
A bill to be entitled an act to amend an act creating the City Court of Louisville, and for other purposes.

HB 602. By Mr. Sills of Candler.
A bill to be entitled an act authorizing the proper official in certain counties to pay the sheriff a salary in addition to fees, 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:

SR 25. By Senator Millican of the 52nd.
A resolution proposing an amendment to Article 7, Section 6, Paragraph 2, by providing the commissioners of Fulton county may levy as one ad valorem tax a sufficient millage to cover all county purposes without making a specific levy for specific purposes, and for other purposes.

SR 34. By Senator Rainey of the 11th.
A resolution resolved by the Senate, the House concurring, that a copy of the revised Constitution be sent to all newspapers, and for other purposes.

SB 197. By Senators Hill of the 36th and Gillis of the 16th.
A bill to be entitled an act making it a misdemeanor to take pet animals into a hotel room, and for other purposes.

THURSDAY, MARCH 1, 1945

1047

HB 340. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton.
A bill to be entitled an act to repeal the Civil Service System for Fulton county police, and for other purposes.

HB 502. By Messrs. Holleman, Shields, and Young of Muscogee.
A bill to be entitled an act to authorize the commissioner of roads and revenues of Muscogee county to adopt zoning ordinances, to name building inspectors and require building permits, and for other purposes.

HB 508. By Mr. DuPree of Pulaski.
A bill to be entitled an act to provide a salary fo rthe sheriff of Pulaski county in addition to fees, and for other purposes.

HB 529. By Messrs. Gowen and Gilbert of Glynn.
A bill to be entitled an act to abolish the officers of Justices of the P'eace in Glynn county and to abolish the present City Court of Brunswick, and for other purposes.

HB 534. By Mr. Murphy of Haralson.
A bill to be entitled an act to fix the salary and expenses of the Commissioner of Roads and Revenues of Haralson county, and for other purposes.

HB 536. By Messrs. Holley, King and Harris of Richmond.
A bill to be entitled an act to increase the salary of the special criminal bailiff in Richmond county, and for other purposes.

HB 537. By Messrs. Harris, Holley and King of Richmond.
A bill to be entitled an act to fix the salary of the court reporter, bailiff and stenographer of the Solicitor General in Richmond Superior Court, and for other purposes.

HB 540. By Mr. Moye of Brooks.
A bill to be entitled an act to provide that Brooks county shall pay $100.00 per month to any peace officer who is permanently disabled in line of duty, and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill and resolution of the Senate, to wit:

SB 161. By Senators Edenfield of the 2nd, and Gross of the 31st.

1048

JOURNAL OF THE HOUSE,

A bill to be entitled an act creating the Georgia Aeronautics Commission, and for other purposes.

SR 18. By Senator Millican of the 52nd.
A resolution to amend the Constitution in order that the City of East Point may erect a memorial honoring the World War dead, and for other purposes.

Mr. Culpepper of Fayette requested that the following bill of the Senate be placed on the calendar for the purpose of disagreeing to the unfavorable report of the Committee on Public Library:

SB 124. By Senators Gross of the 31st, Stone of the 15th, Harrell of the 7th, Branch of the 47th and Millican of the 52nd.
A bill to be entitled an act to repeal Chapter 101-1 of the Code and enact a new Chapter 101-1 providing for a Department of State Library: how appointed, term of office and qualifications, and for other purposes.

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

SR 23. By Senator Millican of the 52nd.
A resolution giving consent on the part of the State for the City of Atlanta to construct ways, streets and bridges or viaduct over the W. & A. Railroad between Spring Street viaduct and Central Avenue viaduct, and for other purposes.
The following amendment to SR 23 was read and adopted:
Mr. Pittman of Bartow moved to amend SR 23 by adding at the end thereof a new paragraph to read as follows:
"Provided further that the State of Georgia shall have the right, !lt any time, by an act or acts of the General Assembly to take over the use and possession of said property and including any improvements made thereon without the payment of any sum or sums therefor."
Mr. Bloodworth of Bibb 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, as amended.
On the adoption of the resolution, as amended, the ayes were 121, the nays 3.
The resolution having received the requisite constitutional majority, was adopted, as amended.

THURSDAY, MARCH 1, 1945

1049

SB 77. By Senator Caldwell of the 37th. A bill to be entitled an act to make it the duty of the State Board of Education to odopt rules for the taking of a school census, and for other purposes.
The report 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 th'e requisite constitutional majority, was passed.

Mr. Culpepper of Fayette moved that the House 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.

1050

JOURNAL OF THE HOUSE,

Fifty-fourth Day

Representative Hall, Atlanta, Georgia Friday, March 2, 1945.

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 scripture reading and prayer by the chaplain.

By unanimous consent the call of the roll was dispensed with.
Mr. Evitt of Catoosa, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with. The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent.
( 1) Introduction of bills and resolutions. (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) Third reading and passage of uncontested local bills and resolutions. (6) First reading and reference of Senate bills.

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

HR 130. By Mr. Fortson of Wilkes.
Be it resolved that the Rules Committee take under consideration HR 78529A and place same on the calendar of the House as a continuing order of business.
The following report of the Committee on Rules was adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar of business have established the following as a special and continuing order of business beginning immediately after the noon recess on Thursday, March 1, 1945, to-wit:
All general Senate bills with local application.

FRIDAY, MARCH 2, 1945

1051

SB 84 Department of Veterans Service. SB 33 Compulsory School Attendance SB 39 Regulating employment of children. SR 23 Atlanta Plaza bill. SB 77 School census. SB 125 Board of Education to receive federal funds for school houses. SB 139 Education persons above 18. SB 146 Classes for the Deaf. SB 107 Restoration to sanity. SB 109 Soil conservation. SR 33 Sale contraband articles. SB 69 Cost divorce cases. SB 86 Department of Law. SB 94 Fishing boat license. SB 95 Regulating gathering of oysters. SB 74 Feed bill. SB 144 System of coordinates. SB 118 Sheriffs' fees. SB 75 Seed bill. SB 98 Sunday movies. SB 97 Oysters and oyster beds. SB 115 Tax administration. SB 37 Campaign expense reports. SB 40 Class B securities. SB 51 Authorizing Public Welfare Department to receive and disburse
federal funds. SB 78 Adjutant General. SB 70 No administration necessary. SB 112 Salary director of social security. SB 91 Income tax.
Respectfully submitted,
Durden of Dougherty, Vice-Chairman.

1052

JOURNAL OF THE HOUSE,

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

HB 615. By Messrs. Alexander and Connerat of Chatham, Holleman of Muscogee, Looper of Dawson, Smith of Emanuel, and Mrs. Mankin of Fulton.
A bill to be entitled an act to impose a tax on bachelors; to provide distribution of the proceeds thereof to spinsters, and for other purposes.
Referred to the Committee on Ways and Means.

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 House with the following recommendations:
SB 156. Do Pass.
Respectfully submitted,
Rossee of Putnam, Chairman.

Mr. Bloodworth of Bibb 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 614. Do Pass.
Respectfully submitted,
Bloodworth of Bibb, Chairman.

Mr. Baker of Floyd 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:

FRIDAY, MARCH 2, 1945

1053

SB 213. Do Pass.

Respectfully submitted,
Baker of Floyd, Chairman.

Mr. Fortson of Wilkes county, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 197. Do Not Pass.
Respectfully submitted,
Fortson of Wilkes, Chairman.

Mr. Adams of Wheeler county, Chairman of the Committee on Motor Vehicles, submitted the following report:
l\1r. Speaker:
Your Committee on Motor Vehicles 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 200. Do Pass.
SB 150. Do Pass by Committee Substitute.
Respectfully submitted,
Adams of Wheeler, Chairman.

Mr. Wells of Ben Hill county, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:

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

HR 137.

Respectfully submitted,
Virgil G. Wells of Ben Hill, Chairman.

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

HB 614. By Mr. Etheridge of Butts.
A bill to be entitled an act to amend the charter of the City of Jackson to provide for hearing by the Board of Tax Assessors as to assessments and objections, and the method of giving notice, and for other purposes.

SB 156. By Senators Drake of the 8th, and Freeman of the 22nd.
A bill to be entitled an act to amend Code Section 34-3402 to provide that political mass meetings may be held in the courthouses, or other public buildings, and for other purposes.

SB 161. By Senators Edenfield of the 2nd, and Gross of the 31st.
A bill to be entitled an act to create the Georgia Aeronautics Commission; to prescribe their powers and duties, to provide for hearings arid investigations, and for other purposes.

SB 213. By Senator Edenfield of the 2nd.
A bill to be entitled an act to require the Director of Corrections to pay the costs of an inquest where a State prisoner is killed within a State prison; to require the Director of Corrections to pay costs of any criminal prosecution where the crime is committed by a State prisoner, and for other purposes.

SB 226. By Senators Moate of 20th, and Mavity of the 44th.
A bill to be entitled an act to amend Code Section' 92-6907 relating to County Boards of Tax Assessors to provide for the term they may serve, and for other purposes.

SB 150. By Senators Harrell of the 7th, Branch of the 47th and Causey of the 46th.
A bill to be entitled an act to be known as Motor Vehicle Safety Responsibility Act; to make operators of motor vehicles to make a report of all accidents, and for other purposes.

SB 200. By Senators Daves of the 14th, Millican of the 52nd, Smith of the 24th, and Freeman of the 22nd.
A bill to be entitled an act to amend Code Section 92-2907 to provide license tags from destroyed or retired motor vehicles may be transferred to another vehicle upon payment of 50 cents, and for other purposes.

By unanimous consent the following bills and resolutions of the House and

FRIDAY, MARCH 2, 1945

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Senate were taken up for consideration, read the third time and placed upon their passage:

SB 169. By Senator Millican of the 52nd. A bill to be entitled an act to establish a pension fund for members of Fulton County Police Department, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0. The bill having received the requisite constitutional majority, was passed.

SB 182. By Senator Walker of the 45th.
A bill to be entitled an act to provide in counties having a population of less than 18,000 now having probation officers, that the county commissioners shall approve his appointment and fix his salary, and for other purposes.
The following House amendment to SB 182 was read and adopted:
The Committee of the House on County and County Matters amends SB 182 by substituting a period in lieu of a comma after the word "county," the first word in line eleven ( 11) in the caption of this bill and by striking the balance of the caption and by striking in its entirety Section One ( 1) and inserting in lieu thereof a new section to be known as Section 1 to read as follows:
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this act, that in all counties in the State of Georgia having a population of not less than 14,523 and not more than 14,527, by the last or any future census of the United States where there is a probation officer appointed by the Judge of the Superior Court of said county, before said probation officer shall draw any salary from the public funds of said county, his appointment and salary shall he approved by the Board of County Commissioners of said county or other governing authority having charge of the finances of said county, and that for any person to be eligible to serve as probation officer of said county, he must be a resident of said county.
The report of the Committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill as amended, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority, was passed as amended.

SB 201. By Senator Millican of the 52nd. A bill to be entitled an act to amend the Pension Act for the Atlanta Fire

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Department to increase the amounts of pensions to be paid pensioners after twenty-five years of service, and for other purposes.
The following amendments were read and adopted:
Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton moved to amend SB 201 as follows:
By striking out the word "and" in the second line of Section SA that appears in Section 3 of said act between the words "disabled" and "in" and substitute in lieu thereof the word "not."
By striking out the words "or 10 years before retirement," that appears at the end of Section 9, of the amended act is set out in Section 6 of said bill.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.

SB 202. By Senator Millican of the 52nd.
A bill to be entitled an act to amend the Pension Act for the Police Department of the City of Atlanta to provide method of service and age to retire; to provide amount of pensions to be paid on retirement; to provide for giving credit to members on military leave, and for other purposes.
The report 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 206. By Senator Branch of the 47th;
A bill to be entitled an act to provide in all divorce petitions filed in Colquitt county a deposit of $12.00 shall be made as cost, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority, was passed.

Under the special and continuing order of business fixed 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:

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SB 125. By Senators Causey of the 46th, Harrell of the 7th and Branch of the 47th.
A bill to be entitled an act to authorize the State Board of Education to receive Federal and other funds for the construction and improvement of school houses; to provide for the inspection of school houses, and for othe1 purposes.
The report 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 139. By Senators Harrell of the 7th and Branch of the 47th.
A bill to be entitled an act authorizing the State Board of Education to receive Federal funds or other funds for adult 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 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 agreeing to the Senate substitute thereto:

HB 73. By Mr. Price of Clarke.
A bill to be entitled an act to create the Servicemen's Resettlement Corporation; to authorize the issuance of Revenue Bonds of the Corporation, making such bonds legal investments and exempt from taxation, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an act to create the Veterans' Settlement Corporation; conferring powers and duties on the Corporation; authorizing the issuanc:e of revenue bonds of the Corporation, payable from its earnings and revenues; providing for the collection and for the pledging of revenues and other charges for the payment of such bonds; authorizing the issuance of trust indentures to secure the payment of such bonds and defining the rights of holders of such bonds; providing that no debt of the State shall be incurred in the exercise of any power granted by this act; making such bonds legal investments and to exempt them from taxation; authorizing the issuance of revenue refunding bonds; fixing the venue or jurisdiction of actions

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relating to any provision of this act and the time within which such action may be brought; providing for the separate enactment of each provision of this act; authorizing the Corporation to make such loans as may be guaranteed in part by the Government of the United States, or any of its departments or subdivisions, or any authority under Title III of Public Law 346 of the 78th Congress, styled in that act the "Servicemen's Readjustment Act of 1944"; to create the office of Director of said Corporation and prescribe his duties and fix his compensation; to create a governing board to manage said Corporation; to authorize said Board to make regulations for the operation of said Corporation not inconsistent with the provisions of this act; to state the public policy with respect to aid to veterans; to repea~ conflicing laws, and for other purposes:
Be it enacted by the General Assembly of Georgia, and it IS hereby enacted by authority of the same:
CHAPTER 1
The Public Safety
Section 1. It is declared to be the public policy of this State to aid those vet-
erans of World War II who have acquitted themselves of honorable service to the common country, to purchase and construct homes, farms, and business property; that the establishment of returning veterans in homes which they own, and in businesses and in agriculture and in the professions and vocations, can best promote the purposes of government as expressed in the Preamble to the Constitution of Georgia; and that the peace, happiness, and prosperity of all of our people can best be promoted by the skillful utilization and conservation of lands and forests and natural resources by the men and women who own them and occupy them as members of the several urban and rural communities of Georgia.
CHAPTER II
Caption
Section 1. This act may be cited and referred to as the "Veterans' Resettlement Act of 1945."
CHAPTER III
Creation of the Corporation
Section 1. There is hereby created a body corporate and politic to be known as the Veterans' Resettlement Corporation, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title said corporation may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all the courts of law and equity, State and Federal.
Section 2. The Corporation shall consist of five members, each of whom shall be resident citizens of Georgia, two of whom shall be appointed by the Governor. The State Treasurer, the State Auditor, and the Governor shall be members

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ex-officio. The ex-officio members shall serve without compensation additional to that flowing from their respective offices; the members appointed by the Governor shall serve without pay, but the governing authority may reimburse them for actual expenses incident to the active discharge of their duties to the Corporation. Members appointed by the Governor shall serve at the pleasure of appointing authority. The members shall constitute the governing authority of said Corporation. Three members present at any meeting regularly convened under regulations established by such members shall constitute a quorum. The Governor shall be Chairman of said governing authority and the Auditor shall be Vice-Chairman. The members may elect a Secretary, who need not be a member.
Section 3. The governing authority tof said Corporation may delegate its authority to one or more of its members, or any committee, or sub-committee, or to the Director, or to any of its agents and employees, or either of the same, as it may deem proper in the conduct of the business of the Corporation.
Section 4. The governing authority shall, by appropriate resolution, dissolve the Corporation, and liquidate its affairs, when it has served its purpose, and it shall be deemed to have served its purpose when loans made pursuant to authority contained in this act have been fully paid and when its indebtedness, inclusive of bonds, has been fully satisfied and paid.
CHAPTER IV
Definitions
Section 1. The following words, phrases, terms, and language shall govern in the interpretation and construction of this act:
{a) The word "Corporation" shall be construed to mean the "Veterans' Resettlement Corporation" created by Section 1 of Chapter III of this act.
(b) The word "veteran" shall be construed to mean a former member of the Armed Forces eligible to obtain a loan under Title III of Public Law 346 of the 78th Congress, approved June 22, 1944.
(c) The words, or term "G. I. Bill" shall be construed to mean Public Law 346 of the 78th Congress, cited therein as the "Servicemen's Readjustment Act of 1944," and the term "Public Law 346 of the 78th Congress" and "Servicemen's Readjustment Act of 1944" shall be construed to designate and refer to and name one and the same act of the Congress.
{d) The term "the Federal act" shall be construed to mean Public Law 346 of the 78th Congress.
{e) The term "this act" shall be construed to designate and refer to and name this legislative enactment, creating and governing the Veterans' Resettlement Corporation.
(f) The term "governing body" shall be construed to designate and refer to and name the persons made a body corporate by Chapter III of this act.
(g) The word, or term "director" shall be construed to designate and refer to

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and name the official holding the office created by Section I of Chapter VII of this act.
(h) The word, or term "administrator" shall be construed to designate and refer to and name the Administrator of Veterans' Affairs of the United States.
(i) The word, or term "Bonds" shall be construed to mean and include any character of instrument which the Corporation might have issued evidencing any interest-bearing indebtedness of the Corporation.

CHAPTER V
Powers of the Corporation
Section I.
The Corporation shall have all of the powers enumerated and set forth in the following subsections of this section, together with such other power and authority not inconsistent with law, and which are inherent in corporations of like character:
(a) To have and use a common seal, and to alter same at its pleasure.
(b) To have and to hold in its own name and right any character of property, or properties, and to sell and barter and exchange the same, or any portion thereof, for other properties or for cash;
(c) To have and receive grants, or gifts, or gratuities, or allocations from either the State or Federal treasuries;
(d) To pledge its assets and credits, and to convey its properties and assets as collateral, to secure any of its interest-bearing notes, bonds, debentures, or evidence of such interest-bearing indebtedness;
(e) To employ such agents and employees as might be required in the conduct of its business, and to fix their compensation;
(f) To make contra~ts, and to make and execute all instruments necessary or convenience for the promotion of the purposes of this Corporation.
(g) To apply for and accept loans and grants, or either of the same, of moneys or properties from the State of Georgia or the United States of America or any agency or instrumentality thereof, inclusive of the Reconstruction Finance Corporation, upon such terms as the State of Georgia, the United States of America, or either, or any of their respective departments or instrumentalities or agencies might impose;
(h) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from its earnings and revenues or from grants or allocations from the State of Georgia or the United States of America, or from either of the same, and for the payment of the same and for the rights of the holders of such bonds.
(i) To exercise any power usually possessed by private corporations, or by quasi-public corporations, performing functions similar to the functions contemplated by this Corporation, which are not in conflict with the laws of this State.

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(j) To do all lawful things necessary to carry out the powers incident to the administration of this act.
Section 2. The Corporation, by appropriate action of its governing body, is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, but in no event to exceed the aggregate sum of five million dollars, and the use of the proceeds of any bond, or bonds, shall be limited to the making of loans permitted to be made under Section 1 of Chapter VI of this act. The principal and interest of such revenue bonds shall be payable solely from the earnings of the Corporation, and from moneys paid to the Corporation to liquidate in whole or in part loans made pursuant to Section 1 of Chapter VI of this. act, and for interest collected on said loans, or from funds otherwise acquired under authority of law, or any of the same. The bonds of each issue shall be dated, and shall bear interest at such rate, or rates, not exceeding three per centum per annum, payable semiannually, shall mature at such times not exceeding thirty years from their date, or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the governing body of the said Corporation, and may be made redeemable before maturity at the option of the governihg body, at such price, or prices, and under such terms and conditions as may be fixed by the governing body in the resolution providing for the issuance of the bonds. The governing body shall determine the form of the bonds, including the form of any interest coupon to be attached thereto, and shall fix the denomination, or denominations, of said bonds and the place, or places, of the payment of principal and interest thereon, which may be at any bank or trust company within or without the State of Georgia. In the event any officer whose signature appears on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes and the same as if he had remained in office until such delivery had been made. All such bonds shall be signed by the Chairman of the Governing Body and shall be affixed thereto and attested by the Director, and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Governing Body. Any coupon may bear the facsimile signature of such official and any bond may be signed, sealed, and attested on behalf of the Corporation by such persons as the actual time of the execution shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have, and are hereby declared to have, all of the qualities and incidents of negotiable instruments under the negotiable instruments law of this State. Such bQnds, and the income thereof shall be exempt from all taxation within this State. The bonds may be issued in coupon or registered form, or both, as the Governing Body may determine, and provisions may be made for the registration of such coupon bond as to principal alone, and also as to principal and interest. The Governing Body m_ay sell such bonds in such manner and for such price as it may determine to be for the best interest of the Corporation, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than three per centum per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any

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premium to be paid on redemption of any bond prior to maturity. The proceeds from the sale of said bonds shall be disbursed upon the requisition of the State Auditor in his capacity as a member of the Governing Body under such restrictions, if any there be, as as the resolution authorizing the issuance of the bonds, or the trust indentures hereinafter mentioned may provide. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest on said bonds. The Governing Body is fully authorized to provide for the replacement of any bond which might have become mutilated, lost or destroyed. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions, or conditions or things than those proceedings, conditions and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the governing body by a majority of its members.
CHAPTER 3
Revenue bonds issued under the provisions of this Act shall not be deemed h constitute any debt of the State of Georgia, nor a pledge of the faith and credit of the said State, but said bonds shall be payable, principal and interest, solely from funds hereinafter provided therefor from earnings of the Corporation and from grants, bequests, and allocations lawfully made by the State, and the issuance of such revenue bonds shall not directly, or indirectly, or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment not expressly allowable under the Constitution of the State of Georgia. Neither the State nor this Corporation shall be obligated to pay any of the principal or interest on such revenue bond except from earnings of the Corporation, the funds accruing from the collections made by it upon loans made by it under Section 1 of Chapter 6 of this Act, which collection shall include the collection of interest accruing on said loans, and from funds otherwise acquired under authority of law.
SECTION 4
All moneys received by the Corporation pursuant to authority contained in this Act, whether from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act; that is to say, for the payment of said bonds as they mature, or as they are called; for the payment of interest coupons as they become due; and for costs of administering this Act. The Governing Body shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank or trust company, which shall act as trustee of said funds and shall hold and apply the same to the purposes contemplated by this Act; subject to such regulations as might be provided by law or by such trust indenture.
SECTION 5
In the discretion of the Governing Body, any Issue of such revenue bonds may

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be secured by a trust indenture by and between the Governing Body and a corporate trustee, which may be any trust company or bank having the power of a trust company within or outside this State. Such trust indenture may pledge or assign revenue and earnings to be received, and it may pledge any character of note, bond or other , evidence of indebtedness, inclusive of mortgages on real or personal property, or either of the same, or any other character of collateral, taken by the Corporation to secure any loan which it might make. Either the resolution providing for the issuance of revenue bonds, or such trust indenture, may contain such provisions for protecting and enforcing the rights and remedies of bondholders as may be reasonable and proper and not in violation of law, including covenant setting forth the duties of the Corporation in relation to the acquisition of property, the enforcement of collections for moneys due the Corporation by foreclosure, or otherwise. It shall be lawful for any chartered bank or trust company incorporated under the laws of this State to act as such depository and to furnish indemnifying bonds or pledge such securities as might be required by the governing body. Such indentures may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and indentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the governing body may deem reasonable and proper for the security of the bondholders. All expenses incurred in the carrying out of such trust indentures may be treated as a part of the operating expenses of the Corporation.

Section 6. It shall be the duty of the governing body to fix such a rate of interest to be charged on loans made by it under the terms of this act as will exceed the rate of interest obligated to be paid on any of the bonds, or other evidence of indebtedness of the Corporation, by one per centum, and the difference between the interest paid on said bonds and the interest charged on loans made shall be deemed to be earnings. The Corporation may, in addition to such interest charges, fix reasonablecharges to cover cost of appraisals and making, considering, and passing upon abstracts of title in connection with lands, or other things of value, offered as collateral security to loans made under provisions of this act. The revenues and earnings derived from loans shall be set aside at such regular intervals as may be provided in such resolution, or such trust indenture in a sinking fund which is hereby pledged to, and charged with the payment of, (I) the interest upon such revenue bonds as such interest falls due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges for paying agents for paying principal and interest, and (4) any premiums upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may be otherwise provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds of the trust indenture, any

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moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

Section 7. Any holder of revenue bonds issued under the provisions of this act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, but suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this act or by such resolution or trust indenture, to be performed by the corporation, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise or the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any property of the state.

Section 8. The corporation, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenu ~s and earnings derived under the provisions of this act, shall have authority to accept from any federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.

Section 9. The corporation is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the corporation for the purpose of refunding any revenue bonds issued under the provisions of this act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the corporation in respect to the same, shall be governed by the foregoing provisions of this act in so far as the same may be applicable.

Section 10. The bonds are hereby made securities in which all public officers and bodies of this state and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations. including savings and loan association, investment companies, building and loan associations and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who
a,.,. or may hereafter be authorized to invest in bonds or other obligations of the

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1065

state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.
Section 11. It is hereby found, determined and declared that the creation of the corporation and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state, and is a public purpose and that the corporation will be performing an essential governmental function in the exercise of the power conferred upon it by this act and this state covenants with the holders of the bonds that the corporation shall be required to pay no taxes or assessments upon any of the property acquired byt it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rental~ or other charges for the use of such buildings or other income received by the corporation and that the bonds of the corporation, their transfer and the income therefrom shall at all times be exempt from taxation within the state.
Section 12. Upon the passage of a resolution providing for the issuance of revenue bonds under the provisions of this act, the corporation may, in its discretion cause to be published once in each of two consecutive weeks in at least two newspapers published and having a general circulation in the City of Atlanta, a notice in substantially the following form (the blanks being first properly filled in}.
"The governing body of the Veterans' Resettlement Corporation on the..............
day of............-------------------------------------------- 194...., passed a resolution providing for the
issuance of revenue bonds of said corporation in the aggregate sum of $--------------------
for the purpose of making loans to veterans eligible therefor under Public Law 346-78th Congress, such revenue bonds being payable solely from the revenues of such corporation.
"Any action of proceeding questioning the validity of said resolution or said revenue bonds must be commenced within twenty days after the first publication of this notice.
''This..............day of.. ----------------------------------------------------- 194.....

~-----------------------------------------------------------,
"Director, Veterans' Resettlement Corp."
Section 13. Any action or proceeding in any court to set llside a resolution providing for the issuance of revenue bonds under the provisions of this act or to contest the. validity of any such revenue bonds or of the trust indenture, if any, to the same, must be commenced within twenty days after the first publication of the above mentioned notice. After the expiration of such period of limitation, no right of action or

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defense founded upon the invalidity of the resolution or the trust indenture, if any, or of the revenue bonds, shall be asserted, nor shall the validity of such resolution, trust indenture or bonds be open to question in any court upon any ground whatever, except in an action or proceeding commenced within such period. Any such action and any action to protect or enforce any rights under the provisions of this act shall be brought in the Fulton Superior Court, which shall have exclusive original jurisdiction of such actions.
Section 14. While any of the bonds issued by the corporation remain outstanding, the powers, duties or existence of said corporation or of its officers, employees or agents or of the State Board of Public Welfare or of any other state agency or department shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, departments, agency or authority will be created which will compete with the corporation to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the corporation. The provisions of this act shall be for the benefit of the state, the corporation and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

CHAPTER VI-Purposes of the Corporation
Section 1. It shall be the purpose and function and duty of the corporation to make loans of the kind and character eligible to be made under the terms contained and set forth in Title III of Public Law 346 of the 78th Congress, and none other. The corporation shall not make any loan which does not have the guarantee of the Federal Government under Section 500 (a) of Chapter V and Title III of said Public Law 346 of the 78th Congress, nor shall it make any loan on terms and conditions other than the terms and conditions set forth in said federal act. Conversely, it may make any loan eligible under said federal act under the terms and with limitations set out therein, but it may reject any such loan when its governing body determines, for any reason, such loan is not desirable.
Section 2. The corporation may not charge an interest rate on any loan in excess of four per centum per annum, except loans guaranteed by the Federal Government
under Section 505 of said federal act, and the rate of interest on such loan shall not
exceed five per centum per annum.
Section 3. The governing body is authorized to promulgate such rules and regulations as are deemed necessary and appropriate for carrying out the provisions of this chapter, and it may delegate to a subordinate officer of the corporation, or any employee, or employe~s, authority to approve loans subject to the provisions of this act, and subject to provisions of rules and regulations of the Administrator of Veterans' Affairs promulgated under authority contained in the federal act.
Section 4. The governing body may amortize loans made under authority con-

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1067

tained in this act over any period of time, not to exceed twenty years, and may require amortization payments to be made monthly, quarterly, semi-annually, or annually, but agricultural loans may not be amortized to require payments oftener than semiannually!. Such authority shall be exercised by regulations.
Section 5. The corporation may accept any character of property, real, personal or mixed, to better secure an existing loan, or to protect itself against possible loss, and may collect any interest, or income, flowing from any such additional collateral, or security, at lawful rates and apply such as a credit to the loan account involvt>d.

CHAPTER VII-Providing for Officers and Employees
Section 1. There is hereby created the office of Director of the Veterans' Resettlement Corporation, the incumbent of which office shall be appointed by the Governor for a term co-extensive with that of the Governor, unless sooner removed by the Governor for cause. The salary of said officer shall be fixed by the Governor between the maximum and minimum limits of four thousand to six thousand dollars per annum, payable semi-monthly. Such director shall be the executive officer of the said corporation and the keeper of its records and seal, and he shall attest official documents under his official signature and title, to which he shall affix the corporate seal. He shall be responsible to the governing body for his official acts and shall faithfully implement the policies which such governing body shall formulate.
Section 2. The Governor is hereby authorized to select in the manner prescribed by law, and from a list of nominees furnished by the director, such employees as he deems necessary for the efficient operation of said corporation, same to be selected from such job classification as will furnish desirable skilled personnel, and he shall fix the salaries of each of the same. The Governor shall provide at the seat of government adequate office space to accommodate the operation of said corporation.
CHAPTER VIII-Miscellaneous Provisions
Section 1. This act, being in aid of the public policy of this state and necessary for the resettlement of its veterans who were displaced in the state economy to wage war in defense of the common country, shall be liberally construed to effectuate its purposes.
Section 2. The provisions of this act are declared to be severable, and if any of its provisions shall be held by any court of competent jurisdiction to be unconstitutional, such decision, or decisions, shall not impair any of the remaining provisions.
Section 3. This act shall take effect when proclaimed ~y the Governor. The Governor shall proclaim this act effective when he determines that its operation is required for the benefit of the veterans of this state.
Section 4. All laws or parts of laws in conflict with this act are hereby repealed.

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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 106, the nays 0.
The bill having received the requisite constitutional majority, was passed by substitute.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof: .
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

HB 224. By Messrs. Rossee of Putnam, Hubert of DeKalb, McCurdy of DeKalb, and others.
A bill to be entitled an act to amend an act approved March 30, 1937, as amended concerning the production, distribution, and sale of milk; to define milk; to regulate the distribution and sale thereof; and for other purposes.

HB 252. By Messrs. Ray of Warren and Smith of Emanuel.
A bill to be entitled an act to amend Code Section 34-1301 providing for election precincts in general elections by adding two sentences providing that a person living in a city divided by a militia district line may vote in the adjoining militia district located in said city; and for other purposes.
HB 250. By Messrs. MeN all, Alexander and Connerat of C4atham.
A bill to be entitled an act to provide the manner and method of handling and shipping of oysters in the shell, and for other purposes.

HB 277. By Mr. Durden of Dougherty and others.
A bill to be entitled an act to authorize the State, counties, municipalities, or other subdivisions of the State, to contract with the United States for the purchase, lease or acquisition of equipment, supplies or material, and for other purpose.

HB 541. By Messrs. Gowen and Gilbert of Glynn.

FRIDAY, MARCH 2, 1945

1069

A bill to be entitled an act creating the Brunswick Port Authority authorizing the Authority to promote, develop, construct, equip, maintain and operate at, Brunswick in this State, terminal facilities of all kinds; and for other purposes.

HB 234. By Messrs. Bloodworth, Weaver and Wilson of Bibb. A bill to be entitled an act to rearrange the counties composing the 22nd, 26th, 35th and 36th Senatorial Districts of the State, and for other purposes.
Mr. Speaker:
The Senate has agreed to the House amendments to the following bills of the Senate, to-wit:

SB 109. By Senator Holenbeck of the 27th and Gillis of the 16th.
A bill to be entitled an act relating to the establishment of soil conservation districts, and for other purposes.

SB 182. By Senator Walker of the 45th. A bill to be entitled an act praviding that certain counties having Probation Officers shall have the county commissioners fix the salary, and for other purposes.
SB 33. By Senator Caldwell of the 37th. A bill to be entitled an act providing for cpmpulsory school attendance, and for other purposes.

The Senate has disagreed to the House amendment to the following bill of the Senate, to-wit:
SB 75. By Senator Gross of the 31st, and others. A bill to be entitled an act providing for the protection of farmers m the purchase of planting seed, and for other purposes.
The President has appointed on the part of the Senate as a Conference Committee the following members of the Senate, to-wit:
Senators: Millican of the 52nd, Grayson of the 1st, Sabados of the lOth.

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JOURNAL OF THE HOUSE,

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

HB 241. By Messrs. Hand of Mitchell and Durden of Dougherty.
A bill to be entitled an act for the abatement of all income taxes for members of the armed forces upon death; and. for other purposes.

HB 175. By Messrs. Rossee of Putnam, Oden of Pierce, and Moye of Brooks.
A bill to be entitled an act amending an act approved March 24, 1935, and known as the Uniform Narcotic Drug Act, by striking from said act subdivision 14 of Section 1, and for other purposes.

HB 212. By Mr. Gowan of Glynn.
A bill to be entitled an act further amending an act approved March 31, 1937, entitled an act to limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, etc., and for other purposes.

HB 150. By Mr. Etheridge of Fulton.
A bill to be entitled an act to amend Code Section 56-208 relating to organization of Boards of Directors of insurance companies, and for other purposes.
HB 147. By Messrs. Arnold of Spalding and Arnall of Coweta.
A bill to be entitled an act amending Title 46 of the Code of Georgia of 1933 entitled "Garnishment," etc., and for other purposes.

HB 70. By Messrs. Britton and Brooke of Whitfield.
A bill to be entitled an act requiring the inoculation of dogs against rabies, and for other purposes.

Mr. Speaker:
The Senate has passed, as amended, and by the requisite constitutional majority the following bills and resolution of the House, to wit:

HB 161. By Mr. Connell of Lowndes, and others.

FRIDAY, MARCH 2, 1945

1071

A bill to be entitled an act to amend the. homestead exemption law, and for other purposes.

HB 163. By Mr. Connell of Lowndes, and others.
A bill to be entitled an act to provide for the filing of tax returns, and for other purposes.

HB 162. By Mr. Connell of Lowndes, and others.
A bill to be entitled an act providing that exemption of household goods from tax shall be filed by a certain date, and for other purposes.

HR 31. My Mr. Bowen of Glynn, and others.
A resolution providing that a Committee from the General Assembly be reappointed to assist the State Milk Control Board.

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

HB 145. By Mr. Arnold of Spalding.
A bill to be entitled an act to amend the Negotiable Instruments Law and Section 14-209 of the Georgia Code of 1933, and for other purposes.

HB 169. By Mr. Smith of Spalding.
A bill to be entitled an act regulating enrichment of flour, bread, degerminated corn meal and/or grits, prescribe penalty for violation thereof, and for other purposes.

HB 288. By Messrs. Alexander, MeN all and Connerat of Chatham, and others.
A bill to be entitled an act to repeal present laws relating to pilotage and to provide for the creation of pilotage commissioners at the several ports of this State, and for other purposes.

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

HB 79. By Mr. Lewis of Hancock.
A bill to be entitled an act to provide for terms of the Supreme Court, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 141. By Messrs. Arnold of Spaldi.ng, Arnall of Coweta, and Ray of Warren.
A bill to be entitled an act to amend Section 15 of Article XIX of the Banking Law as codified in Section 13-2015 of the Coie of Georgia of 1933 as amended, and for other purposes.

HB 142. By Messrs. Arnold of Spalding, Arnall of Coweta, and Ray of Warren.
.A bill to be entitled an act repealing Section 5 of Article XIX of the
Banking Law as codified in Section 13-2005 of the Code of Georgia of 1933, as amended relating to examiners interview of directors, and for other purposes.

HB 143. By Messrs Arnold of Spalding, Lovett of Laurens, Arnall of Coweta and Ray of Warren.
A bill to be entitled an act repealing Section 13-401A of the Code of Georgia of 1933, relating to the verification by bank ex~miners of individual deposit accounts, and for other purposes.

HB 144. By Messrs. Arnold of Spalding, Arnall of Coweta, and Ray of Warren.
A bill to be entitled an act to amend the Banking Laws, of the Code of Georgia 1933, relating to examinations of banks and the fees paid therefor by banks, and for other purposes.

Under the special and continuing order of business previously 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 146. By Senators Welsch of the 39th and Gross of the 31st.
A bill to be entitled an act to enable local units of administration to establish and maintain classes or schools for the deaf, and for other purposes.
The report 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 bills of the House were taken up for the purposes of considering the report of the Committee on Conference, and agreeing to the Senate amendments and substitutes thereto:

HB 35. By Messrs. Gowen of Glynn, Harris of Richmond, Connell of Lowndes, Hand of Mitchell, Ray of Warren, Smith of Emanuel, Key of Jasper, Cheshire of Colquitt and Evitt of Catoosa.

FRIDAY, MARCH 2, 1945

1073

A bill to be entitled an act to provide for the retirement of Superior Court Judges, and for other purposes.
The following report of the Committee on Conference was .read:
Mr. President: Mr. Speaker:
Your Committee on Conference on House Bill No. 35 have agreed as follows: ( 1) That the House recede from its position on Senate Amendment Numbered and that the said amendment be adopted. (2) That the House reced from its position on Senate Amendment Numbered 2 and that the said amendment be adopted. (3 That the Senate recede from its position on the Amendment Numbered 3 and that the said amendment be rejected. (4) That the Senate recede from its position on Senate Amendment Numbered 4 and that the said amendment be rejected.
Respectfully submitted,
Hand of the 7th Grayson of the 1st Freeman of the 22nd
Conferees on the part of the Senate
Hicks of Floyd Bloodworth of Bibb Gowen of Glynn
Conferees on the part of the House
On the adoption of the report of the Committee on Conference of HB 35, the ayes were 111, the nays 4.
The report having received the requisite constitutional majority, was adopted.

HB 51. By Messrs. Connell of Lowndes and Gowen of Glynn.
A bill to be entitled an act to prescribe certain terms and conditions upon which foreign corporations may do business in Georgia; to provide for filing of copy of charter with the Secretary of State, and for other purposes.
The following Senate amendment was read:
Mr. Millican of the 52nd moved to amend HB 51 by striking Sections 4 and 5
and adding in lieu thereof the following:
"Section 4. A foreign corporation doing business in this State and which does not maintain a place of business but has designated an agent for service may be sued in any county in this State wherein the person or persons designated by such corpora-

1074

JOURNAL OF THE HOUSE,

tion under the provisions of this Act to accept service shall reside.
"Section 5. A foreign corporation doing business in this State which does not
maintain a place of. business or agent in this State upon whom service may be perfected and has not designated any agent to accept service may be sued either in contract or in tort in any county in which the contract sued upon or any part or modification thereof was made or to be performed or in which the tort sued for or any part thereof was committed and service of the summons or process may be perfected upon such corporation by service upon the Secretary of State as provided in Section 3 of this act."
Mr. Connell of Lowndes moved that the House agree to the Senate amendment to HB 51.
On the motion to agree to the Senate amendment to HB 51 the ayes were 118, the nays 0.
The motion prevailed and the Senate amendment to HB 51 was agreed to.

HB 67. By Mr. Phillips of Columbia. A bill to be entitled an act to provide for the payment of premium taxes by all insurance companies doing business in this State to the msurance commissioner; to provide tax shall be paid on gross premiums without regard to business ceded or assumed, and for other purposes.
The following Senate substitute HB 67 was read:

Senate Substitute for HB 67. By Mr. Norton of the 33rd.
A BILL
To be entitled an act to fix and regulate the amount of premium taxes to be paid by insurance companies; to repeal as of January 1, 1945, Paragraph 1, Section 7 of the General Tax Act of 1935, set out on pages 60 and 61 of Georgia Laws 1935, and also set out as Section 92-2509 of Code of Georgia Annotated, relating to tax on insurance premiums; to provide for the payment by all foreign and domestic insurance companies doing business in this State of a premium tax of two per cent upon the gross premiums received by them upon persons, property or risks in Georgia on and after January 1, 1945, each year, from January 1st to December 31st, inclusive; to provide that the said tax shall be paid upon the gross premiums received from direct writings upon persons, property or risks in Georgia without regard to business ceded to or assumed from other companies; to provide that said tax shall be paid upon annuity considerations; to provide that said provisions shall be applicable only to premiums received or collected on and after January 1, 1945; to provide that the said tax shall be paid to the Insurance Commissioner of Georgia annually on or before March 1st, following the close of the preceding calendar year upon all such premiums during that calendar year; to provide that upon premiums received by foreign and domestic insurance companies prior to January 1, 1945 for business done in this state premium taxes shall be collected at the rate specified in and in accord-

FRIDAY, MARCH 2, 1945

1075

an(le with Paragraph 1, Section 7 of said General Tax Act of 1935, set out in Georgia Laws 1935, pages 60 and 61; to repeal as of January 1, 1945, Section 56-315 of the Code of Georgia of 1933 relating to deposits by foreign companies or agents, and payments of penalties, certificates of authority, license fees or otherwise when the amount required of companies of this State by a foreign State is greater than that imposed by this State; to repeal all laws and parts of 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 the same, as follows:
Section l. The paragraph numbered 1, of Section 7, of the General Tax Act of 1935 set out on pages 60 and 61 of Georgia Laws of 1935, and being set out also as Section 92-2509 of the Code of Georgia annotated, relating to tax on insurance premiums, is hereby repealed as of January 1' 1945.
Section 2. All foreign and domestic insurance companies doing business in this State shall pay a tax of two per cent upon gross direct premiums received by them on and after January 1, 1945, upon persons, property or risks in Georgia from January 1, to December 31, both inclusive, of each year, without regard to business ceded to or assumed from other companies, with no deductions for dividends whether returned in cash or allowed in payment or reduction of premiums, or for additional insurance; nor shall any deductions be allowed for premium abatements of any kind or character or for reinsurance or for cash surrender values paid, or for losses or expenses of any kind, said tax being imposed upon gross premiums received from direct writings, without any deductions whatever except for premiums returned on change of rate or cancelled policies. The term "gross direct premiums" shall include annuity considerations; provided that local organizations known as "Farmers' Mutual Insurance Companies" operating in not more than four counties in a division shall not be subject to this tax.
Section 3. Upon gross premiums received by all foreign and domestic insurance companies prior to January 1, 1945, for business done in this State premium taxes shall be collected at the rate specified in and in accordance with the provisions of said Paragraph 1, Section 7 of the General Tax Act of 1935 set out on pages 60 and 61 of Georgia Laws of 1935, which paragraph is also set out as Section 92-2509 of the Code of Georgia Annotated.
Section 4. The annual premium taxes required by this act of all foreign and domestic insurance companies doing business in this State upon gross direct premiums received by them upon persons, property or risks in Georgia shall be paid to the Insurance Commissioner of Georgia annually on or before March 1, following the close of the preceding calendar year upon all such premiums collected during that calendar year.
Section 5. Section 56-315 of the Code of Georgia of 1933 relating to deposits by foreign companies or agents, and payments of penalties, certificates of authority, license fees or otherwise, when the amount required of companies of this State by a foreign state is greater than that imposed by this State, is hereby repealed as of January 1, 1945.

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JOURNAL OF THE HOUSE,

Section 6. If any section or provision of this Act shall be declared unconsti.tutional the remaining sections or provisions shall nevertheless remain effective.
Section 7. All laws and parts of laws in conflict with this act are hereby repealed.
Mr. Phillips of Columbia moved that the House adopt the Senate Substitute to HB 67.
On the motion to adopt the Senate Substitute to HB 67 the ayes were 111, the nays 3.
The motion prevailed and the Senate Substitute to HB 67 was adopted.

The following communication was read and ordered inserted in the journal:

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

March 2, 1945.

My dear Mr. Speaker:

Sponsored by the Georgia Bar Association twelve bills were introduced in the present session of the Georgia General Assembly. The object of these bills was to improve and modernize the administration of justice.
Six of these bills have been enacted into law. Two others are now in their final stages and it is hoped that they will be enacted into law before your adjournment. The other four are still pending for further consideration at any subsequent session of this assembly which may be held.
I want to take this occasion to thank you and every member of the House personally and officially for the thorough and conscientious consideration which has been given to these bills by the members of the General Assembly. I should greatly appreciate your expressing to the members of the House my personal gratitude for the unfailing courtesies which have been shown to me throughout this session.
Great strides have been made by this Assembly in this program of judicial reform. Much remains to be done. I express the hope that with the legislation which has now been passed, future General Assemblies will continue to work harmoniously with the association with which I have the honor now to be president for the betterment of our great State.

With high regards, I am

Respectfully yours,

CJB:sh

Charles J. Bloch, President Georgia Bar Association

The following messages were received from the Senate through Mrs. Nevin, the Secretarv thereof:

FRIDAY, MARCH 2, 1945

1077

Mr. S.oeaker:
The Senate has passed, as amended, and by the requisite constitutional majority the following bill of the House, to wit:

HB 51. By Mr. Connell of Lowndes and Mr. Gowen of Glynn.
A bill to be entitled an act prescribing the conditions under which foreign corporations must operate in this State, and for other purposes.

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

HB 22. By Mr. Harris of Richmond.
A bill to be entitled an act to amend the Code of Georgia of 1933 by increasing the membership of the Judges of the Court of Appeals, and for other purposes.

HB 36. By Mr. Twitty of Mitchell, and others.
A bill to be entitled an act to authorize the State Board of Education to set up and maintain Vocational Schools, and for other purposes.

HB 47. By Dr. Moye of Brooks.
A bill to be entitled an act to amend an act providing for the eligibility o county school superintendents by repealing certain sections, and for other purposes.

HB 63. By Mrs. Mankin of Fulton and others.
A bill to be entitled an act providing the method of foreclosure upon the baggage of passengers, and for other purposes.

Mr. Speaker:
The Senate has passed, by substitute, and by the requisite constitutional majority the following bills and resolutions of the House, to wit:

HB 67. By Mr. Phillips of Columbia.
A bill to be entitled an act to amend the Code of Georgia of 1933 relating to the tax payments of foreign insurance companies in this State, and for other purposes.

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JOURNAL OF THE HOUSE,

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

SR 49. By Senator Gross of the 31st, and others.
A resolution extending the time of enrolling and engrossing committees to two weeks after the adjournment for the period of recess.

SR 50. By Senator Gillis of the 16th.
A resolution discontinuing the Naval Stores Inspector in this State, and for other purposes.

Mr. Fowler of Douglas county, Chairman of the Committee on Aviation, submitted the following report:
Mr. Speaker:
Your Committee on Aviation 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 161. Do Pass as Amended.
Respectfully submitted,
Fowler of Douglas, 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 Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 226. Do Pass.

Respectfully submitted,
F. H. Sills of Candler, Chairman.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:

FRIDAY, MARCH 2, 1945

1079

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

HB 460. By Mr. Gowen of Glynn, and others.
A bill to be entitled an act creating the State Port Authority; and for other purposes.

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

SR 48. By Senator Brown of the 6th.
A resolution to continue in full force and effect the Joint Committee investigating the conditions at Alto until the reconvening of the General Assembly in January 1946.

HR 58. By Mr. Phillips of Columbia and others.
A resolution appointing a commission to plan and erect a memorial to the late Hon. Alton Cogdell.

The Senate has disagreed to the report of the Committee of Conference to the following bill of the House, to-wit:

HB 35. By Mr. Harris of Richmond, and others.
A bill to be entitled an act creating the office of Judge of the Superior Courts, Emeritus, and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

HB 518. By Mr. Giddens of Calhoun.
A bill to be entitled an act to require a deposit with the clerk of $10.00 with each petition for divorce as costs in Calhoun Superior Court, and for other purposes.

HB 530. By Messrs. Cheshire and Riddlespurger of Colquitt.
A bill to be entitled an act to provide in all petitions for divorce in Colquitt county a deposit of $12.00 shall be made for costs, and for other purposes.

1080

JOURNAL OF THE HOUSE,

HB 538. By Mr. Holley of Richmond, and others.
A bill to be entitled an act to fix the salary of the assistant solicitor of the City Court of Augusta, and for other purposes.

HB 559. By Mr. Evitt of Catoosa.
A bill to be entitled an act to provide that the clerk of the Superior Court of Catoosa county shall attend all trials in the Court of Ordinary for violation of traffic laws, and for other purposes.

HB 543. By Messrs. Smith and Hooks of Emanuel.
A bill to be entitled an act to amend an act to establish the city court of Swainsboro, to provide for a clerk and sheriff thereof and prescribe their duties and fees, and for other purposes.

HB 571. By Messrs. Chastain and Hart of Thomas.
A bill to be entitled an act providing power and authority of cities having certain population shall have right to close streets or alleys, and for other purposes.

HB 579. By Messrs. Kendrick, Etheridge and Mrs. Mankin, of Fulton.
A bill to be entitled an act authorizing a stenographer to be present with the Grand Jury while witnesses are being examined by the Grand Jury in counties having a population of 200,000, and for other purposes.

HB 587. By Messrs. Smith and Hooks of Emanuel, and others.
A bill to be entitled an act to provide a salary for the court reporter of the Middle Judicial Circuit in lieu of other compensation, and for other purposes.

HB 121. By Mr. Wilson of Bibb and Bloodworth of Houston.
A bill to be entitled an act providing an exemption for members of the armed forces from the payment of any penalties, costs, interest or other fees, and for other purposes.

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

HB 96. By Messrs. Harris of Richmond, Boynton of Union, and others. A bill to be entitled an act to provide for reciprocation between the different

FRIDAY, MARCH 2, 1945

1081

States of the United States with the State of Georgia in transporting or selling farm products, fruits, vegetables, etc., and for other purposes.

HB 80. By Mr. Thrash of Coffee, and others.
A bill to be entitled an act providing for redemption by the State of Georgia of bonds of the State of Georgia now held by the Regents of the University System, and for other purposes.

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

HB 598. By Mr. Giddens of Calhoun.
A bill to be entitled an act authorizing the proper officials of certain counties to pay the sheriff a salary of $50.00 per month in addition to fees, and for other purposes.

HB 607. By Messrs. Holleman, Shields and Young of Muscogee.
A bill to be entitled an act amending the charter of the City of Columbus authorizing the closing of certain streets, and for other purposes.

HB 608. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton.
A bill to be entitled an act authorizing the municipality of Hapeville to create and maintain a Merit Council, and for other purposes.

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

HB 40. By Messrs. Cheshire of Colquitt, Connell of Lowndes, and others.
A bill to be entitled an act empowering minors eligible for Servicemen's Readjustment Act of 1944, to make valid and binding contracts, deeds, deeds to secure debt, liens, promissory notes, and for other purposes.

HB 187. By Messrs. Herrin of Jeff Davis, Gowen and Gilbert of Glynn, and others.
A bill to be entitled an act amending Article VI, Section XIII of the Constitution by adding after Paragraph II a new paragraph, and for other purposes.

HB 198. By Mr. Greene of Crisp.

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JOURNAL OF THE HOUSE,
A bill to be entitled an act appropriating funds to pay Corporal R. D. Brown and wife for injuries sustained in a collision with a car of the Department of Public Safety, and for other purposes.

HB 343. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton.
A bill to be entitled an act 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 Atlanta to incur bonded indebtedness for school purposes, and for other purposes.

HB 424. By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton.
A bill to he entitled an act amending an act to provide a budget in all counties in this State having a population of 200,000 or more, and for other purposes.

HB 458. By Mr. Hogg of Marion.
A hill to he entitled an act authorizing and directing the proper officials having control of the finances of the counties in the State of Georgia, to provide for compensation of sheriffs of said counties, and for other purposes.

HB 480. By Mr. Burch of Dodge.
A hill to he entitled an act amending an act consolidating the offices and duties of the tax receiver and tax collector in the county of Dodge, and for other purposes.

HB 496. By Messrs. Shields, Holleman and Young of Muscogee.
A bill to be entitled an act to authorize Muscogee county to assign identifying numbers to all dwellings, stores and other structures in the county outside of municipalities, and for other purposes.

HB 500. By Mr. Manous of Cherokee.
A bill to be entitled an act to provide the dates of holding three terms of the Superior Court of Cherokee County, Georgia, and for other purposes.

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

HB 594. By Messrs. Gowen and Gilbert of Glynn.
A bill to be entitled an act authorizing the City of Brunswick to close certain streets, and for other purposes.

FRIDAY, MARCH 2, 1945

1083

HB 319. By Mr. Gowen of Glynn.
A bill to be entitled an act to create a Mineral Leasing Commission, to authorize the Commission to deal with State lands, and for other purposes.

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

HR 87. By Mr. Connell of Lowndes and others.
A resolution memorializing the Congress of the United States to enact Senate Bill No. 181.

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

HB 140. By Messrs. Arnold of Spalding, and Ray of Warren.
A bill to be entitled an act amending Chapter 13-20 of the Code of Georgia 1933, relating to the regulation of the business of banking, and for other purposes.

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

HR 33. By Messrs. Ennis and Marion of Baldwin.
A resolution proposing that the State of Georgia lease to the First Presby-
terian Church of Milledgeville an additional 25 feet of land along the east
side of said present premises, and for other purposes.

Mr. Kent of Glascock 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 469.
HB 470.

Respectfully submitted,

Thos. G. Kent of Glascock, Chairman.

1084

JOURNAL OF THE HOUSE,

Under the special and continuing order of business, the following bills and resolutions of the Senate were taken up for consideration, read the third time and placed upon their passage:

SB 109. By Senator Holsenbeck of the 27th, and others.
A bill to be entitled an act to provide that the Governor shall appoint two outstanding conservation farmers as members of the Board of Directors of the Georgia Association of Soil Conservation District Supervisors, and for other purposes.

Mr. Mason of Morgan moved to amend SB 109 by striking the words "as members of the Board of Directors;" as appearing in the 6th and 7th lines of the caption of the bill, and substituting in lieu thereof the following: "to the State Soil Conservation Committee; to provide for the appointment and qualification of said members;" so that said caption as amended shall read as follows:
"To be entitled an act to amend an act approved March 26, 1937, relating to the establishment of Soil Conservation Districts, etc. (Ga. Laws 1937, pp. 377-404) by amending the first paragraph of Section 4 of said act so as to add two outstanding conservation farmers to the State Soil Conservation Committee; to provide for the appointment and qualification of said members; 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 ayes were 120, the nays 0.
The bill having received the requisite constitutional majority, was passed as amended.

SR 33. By Senator Smith of the 24th.
A resolution by the Senate, the House concurring, that the State Revenue Commissioner be authorized and directed to sell contraband articles which law requires him to seize, etc., and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 114, the nays 3.
The resolution having received the requisite constitutional majority, was passed.

SB 69. By Senator Freeman of the 22nd.
A bill to be entitled an act to provide for the deposit of $10.00 costs m all divorce cases instituted in this State, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 2, 1945

1085

On the passage of the bill, the ayes were 117, the nays 0. The bill having received the requisite constitutional majority, was passed.

SB 95. By Senator Gillis of the 16th.
A bill to be entitled an act to regulate the commercial gathering of oysters and to provide for a license and State health certificate, and for other purposes.
The report 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 94. By Senator Gillis of the 16th and others.
A bill to be entitled an act to provide that the license fees levied on commercial fishing boats shall run from January 1 to December 31 of the year issues, and for other purposes.
The report 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 74. By Senator Gross of the 31st and others.
A bill to be entitled an act to empower the Commissioner of Agriculture to assess and collect penalties from the manufacturer or mixer of feed-stuff where it is found deficient, and for other purposes.
The following amendment was read and adopted:
Mr. Garrison of Habersham moved to amend SB 74 as follows:
By striking the period at the end of the word "thereof," in line 5 of Section 3
and inserting in lieu thereof a semicolon and adding the following: "and provided, further, that nothing in this act shall be construed as requiring or compelling any manufacturer, mixer, jobber, or distributor of feeds, to disclose their trade formulas."
By striking the word "to" in line 4 of Section 4 and inserting in lieu thereof, "must."
By striking Section 6 in its entirety and inserting a new section to be known as Section 6. to-wit:

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"where any lot of feed or feeding stuff is found to be deficient to the extent of 10% or more in protein, on analysis by the State Chemist, it shall be subject to a penalty of 25% of the purchase price of the feed. Where analysis by State Chemist reveals a shortage of 15% or more in fats on any lot of feed or feeding-
stuff it shall be subject to a penalty of 5% of the purchase price of the feed.
Where any lot of feed or feeding-stuff is, upon examination by the State Chemist, found to contain more than 15% excess crude fiber above that claimed in the registration, it shall be subject to a penalty of 10% of the purchase price of the feed; such penalties shall be cumulative."
By striking the period at the end of Section 8 and inserting m lieu thereof a semi-colon and by adding the following words, to-wit:
"provided, further, however, that the Commissioner shall have no authority to waise any of the penalties imposed under this act."
By striking the words "at his discretion," between the word "may" in line 4
and the word "cancel" in line 5 of Section 11 and inserting in lieu thereof the word
"shall."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 115, the nays 3.
The bill having received the requisite constitutional majority, was passed as amended.

SB 144. By Senator Harrell of the 7th and Causey of the 46th.
A bill to be entitled an act to officially adopt a system of coordinates for designating the positions o fpoints on the surface of the earth within this State, and for other purposes.

The following amendment was read and adopted:
Mr. Mathews, of Peach, moved to amend SB 144 by adding at the end of Section 7, as a part of Section 7, the following: "Nothing in this act shall be so construed as to require any person, firm, or corporation to use the system of co-ordinates herein provided for in order to obtain or secure a legal description of laml or real estate."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.

SB 118. By Senator Gross of the 31st, and others.

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1087

A bill to be entitled an act to establish a new schedule of fees to be charged by the sheriffs of this State for official duties performed, and for other purposes.

The following amendments were read and adopted:
Messrs. Bloodworth of Bibb and Alexander of Chatham moved to amend SB 118 by adding at the end of the last section, the following proviso, to-wit:
"That nothing herein contained shall apply to counties having a population of 83,783 or more according to the 1940 census or any future census."
Messrs. Harris of Richmond and Bloodworth of Bibb moved to amend SB 118 by striking therefrom the last paragraph and inserting in lieu thereof a new paragraph to read as follows:
"Provided, however, if either by general or special law a full time salary is provided for a sheriff of any county of this State then the fees herein provided for shall be collected by him and paid into the county treasury."
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 122, the nays 9.
The bill having received the requisite constitutional majority, was passed as amended.

SB 75. By Senator Gross of the 31st, and others.
A bill to be entitled an act to provide for the regulation of the packaging, labeling and sale of planting seed, and for other purposes.
The followin~ amendments were read:
The House Committee on General Agriculture No. 1, moved to amend SB 75, bv strikin_g paragraphs 6 and 11 in their entirety and inserting therein two new paragraphs to read os follows:
Section 6. All licensees shall advise the commissioner of all shipments of planting seeds they make into the State to wholesalers and/or dealers for resale purposes. This requirement may be met by furnishing the commissioner with a copy of the invoice of such shipment, omitting price and any other confidential information. In case any wholesaler or dealer purchases seeds within the State that were not transported by a common carrier and were not grown within the State, then and in that event, such dealer shall within forty-eight hours advise the commissioner as to the seeds purchased, the quantity purchased and the name and address of the person from whom such seeds were purchased: The provisions of this section shall apply alike to wholesale and/or retail dealers in any and all seeds coming under the provisions of this act.

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Section 11. Whenever any planter or grower in this State believes that he has been damaged by the planting or the growing of any crop by use of any seeds sold in violation of the grades, standards and requirements of this act, such planter or grower may request the Commissioner of Agriculture to conduct an investigation for the purpose of determining whether or not such seeds did in fact fail to meet the grades, standards, and requirements of this Act at the time of sale to such planter or grower, and the Commissioner may provide such planter or grower with a report or finding, which report may be used by either party in any suit which may be instituted for damages under the terms and provisions of this act.

Mr. Durden of Dougherty moved that the House recess until 2:10 o'clock, and the motion prevailed.

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

2:00 O'clock P. M.

The Speaker called the House to order.

Mr. Etheridge of Butts moved that SB 75 be tabled.
On the motion to table SB 75 the ayes were 63, the nays 45, 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 103 ,the nays 26.
The bill having received the requisite constitutional majority, was passed as amended.

The following bills of the House were taken up for the purpose of agreeing to the Senate amendments thereto:

HB 594. By Messrs. Gowen and Gilbert of Glynn.
A bill to be entitled an act to amend the charter of the City of Brunswick to authorize the commission to close portions of Cleborn Street, Bartow Street, Johnson Street, Gordon Street, Lee Street and Stonewall Street lying in what is known as the "Mitchell and James Tract," to provide the city may convey to Hercules Powder Company certain property in exchange with the company for other lands, and for other purposes.
The following amendment was read:
Senator Gould of the 4th moved to amend HB 594 as follows:
( 1) By adding at the end of Section 1 of the said bill the following:

FRIDAY, MARCH 2, 1945

1089

"And such portions of Stonewall Street and Lee Street as are embraced in the lands described in Section 2 hereof."
(2} By adding a new Section to be known as Section 2a to follow immediately after Section 2 to read as follows, to-wit:
"The Commission of the City of Brunswick shall have power and authority to close that portion of Lee Street extending in a northerly direction from the northern line of George Street to the southern line of Windsor Park Alley."
Mr. Gowen of Glynn moved that the House agree to the Senate amendment to HB 594.
On the motion to agree to the Senate amendment to HB 594 the ayes were 121, the nays 0.
The motion prevailed and the Senate amendment to HB 594 was agreed to.

HB 319. By Mr. Gowen of Glynn.
A bill to be entitled an act to create a petroleum oil and gas commissiOn; to authorize the commission to deal with State lands, and for other purposes.
The following amendment was read:
Senator Harrell of the 12th moved to amend HB 319 by adding at the end of Section I the following: "And the Attorney General of Georgia."
Mr. Gowen of Glynn moved that the House agree with the Senate amendment to HB 319.
On the motion to agree to the Senate amendment to HB 319 the ayes were 115, the nays 0.
The motion prevailed and the Senate amendment to HB 319 was agreed to.

Under the special and continuing order of busines previously 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 98. By Senator Causey of the 46th.
A bill to be entitled an act to authorize the operation of moving pictures within certain hours on the Sabbath day; to provide elections upon petition of ten per cent of the registered voters objecting to the showing of moving pictures on the Sabbath day; and for other purposes.
Mr. Kennon of Cook moved the previous question on the bill and all the amendments, the motion prevailed and the main question was ordered.
The following amendments were read and adopted:

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JOURNAL OF THE HOUSE,

Mr. Cheek of Franklin moved to amend SB 98 by adding another paragraph to be appropriately numbered. That any municipality in this State that legalizes the showing of motion pictures on Sundays shall have the right through their municipal officials to censor all pictures shown on Sundays under the provisions of this act and shall have the right to prohibit the showing of such objectionable pictures as may be decided to be objectionable by such municipal officials.
Mr. Harrison of Jenkins moved to amend SB 98 by adding at the end of Sections 1 and 2 the following language: "That from all moving picture exhibitions on the Sabbath Day the owner of the theatre shall be required to donate 33-1/3% of the gross receipts to a charity or charities to be named by the governing authorities in which political subdivision the theatre is located. Mr. Harrison further moved to amend the caption accordingly.
Mr. Brooks of Whitfield moved to amend SB 98 as follows:
By striking from Section 1 the words "ten per cent of the registered voters," and inserting in lieu thereof the words "thirty-five per cent of the registered voters."
Mr. Gowen of Glynn moved to amend SB 98 by adding a new section to be known as Section 3 to follow immediately after Section 2 and to read as follows:
"Section 3. Nothing in this act shall prevent the governing authorities of municipal corporations and counties from regulating within the limits set out in Section 1 the showing of moving pictures on the Sabbath day, but such governing authorities shall have full power and authority to restrict the showing of such moving pictures within the limits aforesaid so as not to interfere with Divine Services."
And further to amend the bill by numbering the last section to read Section 4.
Mr. Harrison of Jenkins moved to amend SB 98 by adding at the end of Sections 1 and 2 the following language: "Provided further that the governing body of the municipal corporation, as well as any county governing body, shall, within one year, after a favorable vote to permit the showing of moving pictures has been granted, upon petiti~n of the same percentage of registered voters call an election to determine whether the showing of Sunday movies shall cease. The same method and procedure of voting as in the original instance shall prevail. In the event a majority of voters determine against the further showing of movies in the effected political subdivision, it shall be the duty of the governing authorities to close such exhibitions within a period of seven days' time.'
Mr. Harrison of Jenkins further moved to amend the caption so as to embrace the above provision.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
Mr. Gowen of Glynn moved the ayes and nays on the passage of the bill, and the call was sustained.

FRIDAY, MARCH 2, 1945

1091

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

Those voting in the affirmative were:

Adams Alexander of Chatham Ansley Arnold of Spalding Baker Bargeron Barrett Black Brumby Burch Campbell Cates Chastain Cheek Claxton Connerat Crowley Dallis
Dorsey of Cobb Dupree Durden Dykes
Ennis, J. H.
Etheridge of Butts Evitt Fortson Fowler Gary Giddens

Glisson Gowen Greene Greer Guerry Hall Hand Hardy of Hall Harrison of Wayne Hefner Herrin Hicks Hinson of Ware Holleman Hooks Hubert Kelley Kendrick Knabb Lam Lane Littlejohn Maund McCracken McCurdy McNall Malone Mankin Mann of Rockdale

Matthews of Pauldin~ Morrison Mosley Moye of Randolph Mullinax Murphy Oakley Oliver Overby Parham Phillips Pittman of Tift Porter Ray Sapp Sears Shields Smiley Smith of Emanuel Swint Thrash Twitty Watford Whaley Williams of Toombs Williams of Ware Willis Young

Those voting in the negative were:

Alexander of Carroll Barwick Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Britton
Brock Brooke Brunson Chance Culpepper

Dorsey of White Ennis, Marion Etheridge of Fulton Freeman Gammage Garrison Gibson Griswell Guyton Harden Hardy of Jackson Harrison of Jenkins

Harrison of Screven Hart Hill Holley Holloway Jackson Kenimer Kennon Key King Lancaster Livingston

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JOURNAL OF THE HOUSE,

Looper Mann of Henry Mason Massey Matthews of Peach Medders Mitchell Moore Moye of Brooks O'Sheal Pannell

Pennington Pettit Price Ramey Rossee Roughton Rowland Seagler Seagraves Sheffield Smith of Bryan

Those not voting were:

Adamson Almand Arnall of Coweta Banks Boynton Broome Callaway Cheshire Connell Cowart Crow DeFoor Gaskins Gavin Gilbert Hampton Hatchett

Herndon Hinson of Jeff Davis Hogg Holbrook Hollis Hurst Jennings of Sumter Jennings of Terrell Johns Kent Lewis Lovett Mallard Manous Miller Nicholson Oden

Shrickland of Pike Strickland of Upson Thompson Underwood Weaver Wells of Lincoln Williams of Appling Willoughby Wilson Witherington
Odom Parks Pittman of Bartow Powell Riddlespurger Ritchie Sills Smith of Oglethorpe Sparks Sumner Thorn too Trotter Wells of Ben Hill Williams of Coffee Williams of Gwinnett Williams of Jones

On the passage of the bill, as amended, the ayes were 86, the nays 68. The bill having failed to receive the requisite constitutional majority, was lost.
Mr. Gowen of Glynn gave notice that at the proper time he would ask the House to reconsider its action on failing to pass SB 98.

The following resolution of the House was taken up for the purpose of agreeing to the Senate amendment thereto:

HR 33. By Mr. Marion Ennis of Baldwin.
A resolution proposing that the State of Georgia lease to the First Presbyterian Church of Milledgeville an additional 25 feet of land along the east side of said present premises, and an additional 25 feet of land along the southern side of the present premises.

FRIDAY, MARCH 2, 1945

1093

The following Senate amendment was read:
The Committee of the Senate on State of Republic amends HR 33, Sub-Paragraph 2, by striking the figures $25.00 therein and substituting in lieu thereof the figures $1.00.
Mr. Eennis of Baldwin moved that the House agree to Senate amendment ta HR 33, and the motion prevailed.
On the motion to agree to the Senate substitute to HR 33 the ayes were 104, the nays 0, and the Senate substitute w:as agreed to.

Mr. Durden of Dougherty moved that the House 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.

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JOURNAL OF THE HOUSE,

Fifty-fifth Day

Representative Hall, Atlanta, Georgia Saturday, March 3, 1945.

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 scripture reading and prayer by the chaplain.

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

Mr. Evitt of Catoosa, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
( 1) Introduction of bills and resolutions. (2) First reading and reference of House bills and resolutions. (3) Reports of standing committees. (4) Second reading of bills and resolutions favorabl yreported. (5) Third reading and passage of uncontested local bills and resolutions. (6) First reading and reference of Senate bills.

Mr. Arnold of Spalding county, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 616. Do Pass Respectfully submitted,
Arnold of Spalding, Chairman.
By unanimous consent the follo~ing bill of the House was favorably reported and read the second time:

SATURDAY, MARCH 3, 1945

1095

HB 616. By Mr. Arnold of Spalding:
A bill to be entitled an act providing for the appointment of state depository banks, method of qualifying; and for other purposes.
The following resolutions of the House and Senate were read and adopted:

HR 131. By Messrs. Durden of Dougherty, Harris of Richmond and Hand of Mitchell.
A RESOLUTION
Be it resolved by the House that the Speaker of the House, the Secretary to the Speaker, the Clerk of the House and four of his assistants, the postmistress and the assistant postmistress, and seven members of the Committees on Auditing, Engrossing and Enrolling, to be named by the Chairmen of the respective Committees, be and they are hereby authorized and directed to stay over at the Capitol for a period of two weeks after the adjournment of the House today and that each be entitled to draw their usual per diem during such time.

HR 132. By Messrs. Durden of Dougherty, Harris of Richmond and Hand of Mitchell.
A RESOLUTION
Be it resolved by the House that the Chairman of the Committee on Penitentiary be and he is hereby authorized and directed to appoint a SubCommittee to include the Chairman thereof not to exceed seven men as an ad interem Committee and that said Committee be entitled to draw their actual travelling expenses and per diem, provided, however, that no member of the said Committee shall draw expenses and per diem for a longer period than thirty days.
Be it further resolved that the Chairman of the Committee on the State Frison Farm be and he is hereby authorized and directed to appoint an ad interem Committee to consist of not more than three members to include the Chairman thereof and that the said Committee shall be entitled to draw actual travelling expenses and per diem provided that no member of said Committee shall draw expenses and per diem for more than thirty days.

SR 49. By Senator Brown of the 6th.
A RESOLUTION
Whereas, a joint resolution by the House and Senate was passed and approved authorizing the appointment of a Joint Committee from the House and Senate to investigate the affairs of the State Institution at Alto; and
Whereas, Senators Brown of the 6th District, Norton of the 33rd District and Bennett of the 17th District, and Messrs. Boynton of Union,

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JOURNAL OF THE HOUSE,

Sumner of Worth, Greer of Lanier, Smith of Bryan and Garrison of Habersham were appointed to serve on said Committee; and
Whereas, in obedience to the authority granted in the resolution the Committee has inspected the institution at Alto and has reported back its finding with recommendations as to needed corrections necessary at said institution; and
Whereas, it is the sense of the General Assembly that said Committee should continue to serve as such during the adjournment of the General Assembly, and to continue its investigation to see that its recommendations are being complied with,
Therefore, be it resolved by the Senate, the House concurring, that the Committee hereinbefore named and appointed under said resolution be, and said Committee is hereby continued in full force and effect until the reconvening of the General Assembly in January, 1946, during which time said Committee is hereby authorized and empowered to perform all of the duties and rights given them under the resolution authorizing their a~,>point ment, and to report to the General Assembly on its reconvening as to the status of said State institution.

The following resolution of the Senate was read:

SR 49. By Senators Gross of the 31st, Freeman of the 22nd, Edenfield of the 2nd, Minchow of the 5th, Rainey of the 11th and Turner of the 34th.
A resolution providing that the pay allowances and per diem of the Secretary of the Senate and Clerk of the House, and the per diem of the enrolling and engrossing committee be continued for a period of two weeks from the date of sine die adjournment and for other purposes.
The following substitute for SR 49 was read and adopted:
Substitute for SR 49. By Messrs. Durden of Dougherty, Harris of Richmond and Hand of Mitchell.
A RESOLUTION
Whereas, it is deemed necessary that the office of the Secretary of the Senate and the office of the Clerk of the House be kept and maintained and open to the public and the members of the General Assembly until the General Assembly re-convenes in January; and
Whereas, it is deemed necessary that the Clerk of the House and the Secretary of the Senate assist in the editing and printing of the proposed new Constitution.
Therefore be it resolved by the Senate, the House concurring, that the Secretary of the Senate and the Clerk of the House keep and maintain their offices until such time, and for said services the Secretary of the

SATURDAY, MARCH 3, 1945

1097

Senate and the Clerk of the House shall receive one-fourth of their per diem regularly paid them during sessions and that said Clerk and Secretary shall furnish the necessary stenographic help.
Be it further resolved by the Senate, the House concurring, that they are hereby authorized and directed to have printed a copy of the proposed new Constitution and to mail and to send, as quickly as possible, to every newspaper editor in Georgia, to every member of the General Assembly, to the ordinary of each county, to the mayor of each town and to each city and county attorney in the State.
Be it further resolved by the Senate, the House concurring, that the Treasurer is authorized to pay said sum to the Secretary of the Senate and the Clerk of the House and that this shall begin after the expiration of two weeks from the adjournment today. That said pay be for week days only.

The following resolution of the House was read and adopted:

HR 133. By Mr. Arnold of Spalding.
A resolution petitioning the Congress of the United States to simplify the Servicemen's Readjustment Act of 1944 in order that veterans may have the opportunity to receive the benefits to which they are entitled under the act.

Mr. Gowen of Glynn moved that the House reconsider its action in failing to pass the following bill of the Senate, to-wit:

SB 98. By Senator Causey of the 46th.
A bill to be entitled an act to authorize the operation of moving pictures within certain hours on the Sabbath day; to provide elections upon petition of ten per cent of the registered voters objecting to the showing of moving pictures on the Sabbath day; and for other purposes.
On the motion to reconsider the action of the House in failing to pass SB 98 the ayes were 65, the nays 38, the motion prevailed and SB 98 was given its proper place on the calendar.

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

HB 534. By Mr. Murphy of Haralson. A bill to be entitled an act to fix the salary and expenses of the Commissioner of Roads and Revenues of Haralson county, and for other purposes.
The following Senate amendment to HB 534 was read:

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JOURNAL OF THE HOUSE,

Senator Moore of the 38th moved to amend HB 534 by striking the figures "$1800.00" in line 8, and inserting therefor the figures "$1500.00." Also by striking the figures "$50.00" in line 9 and inserting therefor the figures "$62.50," and further to amend by striking the figures "$50.00" in line 11 and inserting therefor the figures "$25.00," and moved further to amend by adding after the word "Act" in line 14, the following, "and starting with the second quarter of the present year."
Mr. Murphy of Haralson moved that the House agree to the Senate amendment to HB 534.
On the motion to agree the ayes were 103, the nays 0, and the Senate amendment was agreed to.

Mr. Mason of Morgan moved that the House insist on its amendment to the following bill of the Senate, to-wit:

SB 75. By Senator Gross of the 31st, and others.
A bill to be entitled an act to provide for the regulation of the packaging, labeling and sale of planting seed; and for other purposes.
The motion prevailed and the Speaker appointed on the part of the House as a Committee of Conference to SB 75 the following members of the House, to-wit: Messrs. Mason of Morgan, Willoughby of Clinch and Glisson of Evans.

Under the special and continuing order of business previously fixed 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 86. By Senator Gross of the 31st. A bill to be entitled an act to provide for the appointment and removal of all assistant Attorneys General by the Attorney General instead of the Governor, and for other purposes.
Mr. Culpepper of Fayette moved that the bill be postponed indefinitely. By unanimous consent the motion to postpone indefinitely was withdrawn.
By unanimous consent SB 86 was stricken from the calendar.

SB 97. By Senator Gillis of the 16th.
A bill to be entitled an act to regulate the shipping of oysters in the shell, and for other purposes.
The report 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.

SATURDAY, MARCH 3, 1945

1099

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

SB 115. By Senator Millican of the 52nd.
A bill to be entitled an act to amend the motor fuel tax act by providing information, records and reports required under Chapter 92-14 titled "Motor Fuel and Kerosene," shall be exempt from the provisions of this 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 124, the nays 4.
The bill having received the requisite constitutional majority, was passed.

SB 112. By Senator Mavity of the 44th.
A bill to be entitled an act to authorize the Governor to fix the salary of the Director of the State Board of Social Security, and for other purposes.
Mr. Greer of Lanier 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 130, the nays 9.
The bill having received the requisite constitutional majority, was passed.
The following members of the House requested that they be recorded in the journal as voting against SB 112: Messrs. Brooke and Britton of Whitfield, Matthews of Peach and Hardy of Jackson.

SR 41.
A RESOLUTION
Proposing to the qualified voters of the State, for ratification or rejection, an amendment to the Constitution qf 1877, and all amendments thereto, authorizing the levy and collection by the County of DeKalb of a tax for school purposes within previously existing local school districts and the expenditures of the funds so derived within the territorial limits of said former local school districts ; 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, the Constitution of Georgia of 1877 and all amendments thereto including the amendments submitted to the people of Georgia by the 1945 General Assembly

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JOURNAL OF THE HOUSE,

revising the Constitution, be and the same are hereby amended by adding to Section 12 of Article VIII of the amendment submitted by the 1945 General Assembly revising the Constitution a new paragraph to be known as paragraph 2, as follows:
"2. In addition to the tax provided in paragraph 1, the County of DeKalb shall levy a tax not to exceed five mills on the dollar of all taxable property lying within the territorial limits of local school districts existing at the time of the adoption of the Constitution as submitted o he people by the 1945 General Assembly, provided the qualified voters residing in said territorial limits have ordered the levy of such taxation through a referendum meeting the conditions prescribed by law for this purpose. The proceeds from such taxation shall be paid to the County Board of Education but shall be expended solely for the operation and maintenance of schools within the territorial limits of such former local school district."
Section 2. The said amendment to the Constitution shall take priority over all provisions and amendments at the same time adopted by the people and the said amendment shall become effective if and when the amendment submitted to the people by the 1945 General Assembly revising the Constitution shall be adopted and ratified. Provided further that if the amendment submitted to the people by the 1945 General Assembly revising the Constitution be not adopted and ratified then this amendment whether or not adopted and ratified shall be void and of no effect.
Section 3. When said amendment shall be agreed to by a two-thirds vote of the members elected to each House it shall be entered upon their respective journals with the ayes and nays thereon and shall be published and submitted according to law to the qualified voters of Georgia for ratification or rejection at the n~xt general election. All persons voting in said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots "For ratification of the amendment authorizing the levy and collection of additional taxes by DeKalb county in former local school districts" and all persons opposing the adoption of said amendment shall have written or printed on their ballot the words "Against ratification of the amendment authorizing the levy and collection of additional taxes by DeKalb county in former local school districts." If a majority_ of the electors qualified to vote for the members of the General Assembly voting thereon shall vote for ratification thereof when the returns shall be consolidated as now required by law and return thereof made to the Governor, and provided that at the same election the people of Georgia shall have ratified the amendment submitted by the 1945 General Assembly revising the Constitution, then he shall declare the said amendment adopted and proclaim the amendment as a part of the Constitution of the State of Georgia, as provided by the Constitution and Laws relating to Constitutional Amendments.
Section 4. Any and all provisions of law or resolutions and parts of laws in, conflict with this 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.
Senate Resolution No. 41, being an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

SATURDAY, MARCH 3, 1945

1101

Those voting in the affirmative were:

Alexander of Carrol Alexander of Chatham Almand
Arnall of Coweta Arnold of Spalding Baker Bargeron Barrett Barrett Barwick Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Campbell Cates Chastain Cheek Cheshire Claxton Connell Connerat Cowart Crowley Dallis Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Butts Evitt Fortson Freeman Gammage Garrison Gary

Gavin Giddens Glisson Gowen Greene Griswell Guerry Guyton Harden Hardy of Hall Hardy of Jackson Harrison of Screven Hatchett Hefner Herndon Herrin Hinson of Jeff Davis Hinson of Ware Holbrook Holleman Holley Holloway Hooks Hubert Jackson Kelley Kendrick Kenimer Kennon Kent Key King Lam Lancaster Lane Lewis Littlejohn Livingston Lovett Maund McCracken McCurdy McNall Mallard Malone

Mankin Mann of Henry Mann of Rockdale Massey Matthews of Peach Miller Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Oakley Odom O'Shea! Overby Parham Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Ramey Ray Roughton Rowland Sapp Seagler Seagraves Sears Sheffield Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Upson Swint Thompson Twitty Underwood Watford Weaver

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JOURNAL OF THE HOUSE,

Wells of Lincoln Whaley Williams of Appling Williams of Jones

Williams of Toombs Williams of Ware Willis

Wilson Witherington Young

Those not voting were:

Adams

Hand

Nicholson

Adamson

Harrison of Jenkins

Oden

Ansley

Harrison of Wayne

Oliver

Banks

Hart

Parks

Battles

Hicks

Pannell

Burch

Hill

Powell

Callaway

Hogg

Price

Chance

Hollis

Riddlespurger

Crow

Hurst

Ritchie

Culpepper

Jennings of Sumter

Rossee

DeFoor

Jennings of Terrell

Shields

Ennis, J. H.

Johns

Strickland of Pike

Etheridge of Fulton

Knabb

Sumner

Fowler

Looper

Thornton

Gaskins

Manous

Thrash

Gibson

Mason

Trotter

Gilbert

Matthews of Paulding

Wells of Ben Hill

Greer

:\Iedders

Williams of Coffee

Hall

Mitchell

Williams of Gwinnett

Hampton

Moore

Willoughby

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

"Q SAllU ;np 'ttl ;JJ;JM S;JAll ;~q~ 'UO!~OIOS;Jl ;~q~ JO uopdopll ;~q~ UO

The resolution having received the requisite constitutional two-thirds majority, was adopted.

SB 91. By Senator Millican of the 52nd.
A bill to be entitled an act to amend Title 92, Division 1, Part 9 of the Code of Georgia of 1933, as amended, and for other purposes.
The following committee substitute to SB 91 was read and adopted:
An act to amend Title 92 (public revenue) Division 1 (sources of revenue) P'art 9 (income taxes) of the Code of Georgia of 1933, as amended by an act approved March 26, 1935, and by an act approved March 30, 1937, and by an act approved December 29, 1937, and by an act approved February 16, 1938, and by an act approved March 18, 1941, by amending Section 92-3113 of said Code as so amended relating to the allocation and apportionment of the income of corporations so as to strike and repeal paragraph

SATURDAY, MARCH 3, 1945

1103

(c) Sales Ratio-relating to "three factors ratio" and substitute in lieu thereof an entirely new section relating to sales and how they should be apportioned; to exclude certain sales; to include certain sales and define sale; to repeal all laws in conflict herewith, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: That Title 92 (Public Revenue), Division 1 (Sources of Revenue), Part 9 (Income Taxes), Chapter 92-31 of the Code of Georgia of 1933, as amended by an act approved March 26, 1935, and by an act approved March 30, 1937, and by an act approved December 29, 1937, and an act approved February 16, 1938, and by an act approved March 18, 1941, be amen.ded in the following particulars: That Paragraph (c) Sales Ratio-of Section 92-3113, relating to Three Factors Ratio, be stricken and repealed and a new section be substituted therefor to be known as Paragraph (c) Sales Ratio-reading as follows:
" (c) Sales Ratio-The percentage of the sales made within this State is to the total sales wherever made. For the purpose of this section, in determining the amount of sales made within Georgia, there shall be included sales made by the taxpayer, whether directly or by officers, agencies, branches or stores within the State, to purchasers or customers located within the State of Georgia; also, all sales made by the taxpayer culminating in delivery from warehouses or other places of storage maintained or used by the taxpayer within the State of Georgia to purchasers or customers within or without the State of Georgia. There shall be excluded all sales to purchasers or customers located outside the State when none of the four following elements occur or exist within the State of Georgia: ( 1) Offer; (2) Acceptance; ( 3) Delivery; (4) The subject matter of the sale is not located within the State of Georgia. But if either of these four elements occur or exist in Georgia it shall be deemed a Georgia sale.
If the taxpayer maintains an office, warehouse or other places of business outside this State for the purpose of reducing the tax under this section, it shall, in determining the amount of taxable net income, include therein the proceeds of sales attributed by the taxpayer to the business conducted as such place outside the State.
The tangible property ratio, the salaries and wages ratio, and the sales ratio are separ-ately determined, the three percentages averaged, and the net income of the corporation allocated and apportioned to Georgia according to said average."
Section 2. Be it further enacted that all laws and parts of laws in conflict with this act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, 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.

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JOURNAL OF THE HOUSE,

SB 51. By Senator Gross of the 31st and others.
A bill to be entitled an act authorizing the State Department of Public Welfare to accept and disburse Federal Grant-in-aid Funds to the fullest extent; authorizing the department to comply with all requirements prescribed by Congress for this 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 109, the nays 3.
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 report of the Committee on Conference:

HB 35. By Messrs. Gowen of Glynn, Harris of Richmond, Connell of Lowndes, Hand of Mitchell, Ray of Warren, Smith of Emanuel, Key of Jasper, Cheshire of Colquitt and Evitt of Catoosa.
A bill to be entitled an act to provide for the retirement of Superior Court judges, and for other purposes.
The following report of the Committee on Conference was read:
Mr. President: Mr. Speaker:
Your Second Committee on Conference on HB 35 have agreed as follows:
( 1) That the House recede from its position on Senate amendment numbered and that the said amendment be adopted.
(2) That the House recede from its position on Senate amendment numbered 2 and that the said amendment be adopted.
(3) That the Senate recede from its position on the Senate. amendment numbered 3 and that the said amendment be rejected.
(4) That the House recede from its position on Senate amendment numbered 4 and the said amendment be adopted when and the same is hereby amended as follows:
(a) In the fifth line of paragraph 3 thereof strike the words "one-half" and insert in lieu thereof the words "two-thirds."
(b) In the eleventh line of paragraph 3 thereof strike the words "one-half" and insert in lieu thereof the words "two-thirds."
(c) In the eleventh line of paragraph 3 thereof strike the first "at" in said line and insert in lieu thereof the words "when they have attained."
(d) By striking the fourth paragraph thereof and inserting in lieu thereof

SATURDAY, MARCH 3, 1945

1105

the following: "All judges of the Superior Court who have attained the age of seventy years and have served twenty years continuously as a judge of the Superior Courts shall be eligible to retire at their pleasure and shall be eligible to receive two-thirds of the salary allowed to them by the State of Georgia and any county thereof under the provisions of the law prescribing salaries for Superior Court judges existing at the time of their retirement."
(e) By striking the fifth paragraph thereof and inserting in lieu thereof the following: "No judge shall be eligible for benefits under this act unless he shall have served twenty continuous years as a Superior Court judge and shall have attained the age of seventy years. In computing twenty continuous years, the entire year in which a judge becomes seventy years of age shall be computed as a part of said twenty years."
( 5) That the caption of the act be amended by inserting before the words, "and for other purposes," the words, "To create the Superior Court Judges Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund" ;
Respectfully submitted,
Wm. B. Freeman Wallace Harrell Spence M. Grayson
Conferees on the part of the Senate
M.G. Hicks Chas. Gowen Luther U. Bloodworth
Conferees on the part of the House
On the adoption of the report of the Committee on Conferences on HB 35, the ayes were 116, the nays 2.
The report having received the requisite constitutional majority, was adopted.

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 70. By Senator Freeman of the 22nd.
A bill to be entitled an act to provide that heirs of a deceased owner of real estate may apply for and obtain from the Ordinary an order finding that no administration on the estate is necessary, and for other purposes.
The report 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 2.
The bill having received the requisite constitutional majority, was passed.

1106

JOURNAL OF THE HOUSE,

The following report of the Committee on Rules was adopted:
Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a
calendar of business have established the following bills and resolutions as a special and continuing order of business following immediately after the present calendar of business, to-wit:
SB 155. Regulating conventions. SB 179. Hospital authority. SB 149. 200 feet rights-of-way. SB 85. Oath of electors. SB 162. School veterans World War II. SB 96. Game and Fish. SB 167. Oleomargarine. SB 213. Coroner's inquest. SB 200. Motor vehicle tags. SB 226. Tax assessors. SB 156. Malicious mischief. SB 153. Pawn shop. SB 129. Road houses and tourist camps. SB 150. Safety respensibility act. SB 177. State Highway Patrol and slot machines.
Respectfully submitted, Durden of Dougherty, Vice-Chairman.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

HB 164. By Messrs. Connell of Lowndes, Greer of Lanier, Dorsey of Cobb, and others.

SATURDAY, MARCH 3, 1945

1107

A bill to be entitled an act providing that county boards of tax assessors shall complete their revision of returns by June 1, and for other purposes.

HB 225. By Messrs. Pittman and Pettit of Bartow.
A bill to be entitled an act to include additional classes of persons who may be made a witness and cross examined, and for other purposes.

HB 191. By Messrs. Phillips of Columbia and McCracken of Jefferson.
A bill to be entitled an act to repeal the proviso exempting farmers assessment cooperative fire insurance companies in not more than four counties, and for other purposes.

HR 94. By Messrs. Durden and Sapp of Dougherty.
A resolution confirming suspension of tax on motor fuels used in the training of air pilots, and for other purposes.

HR 59. By Messrs. Durden of Dougherty, Hand of Mitchell and Gowen of Glynn.
A resolution to cooperate fully with the Council of State Governments to authorize in a proportionate amount comparable with funds appropriated to such amount to be paid by Budget Commission, and for other purposes.

HB 370. By Mr. Bargeron of Burke.
A bill to be entitled an act for exemption for a resident who catches or produces the fish and other seafood he sells at retail price from paying license, 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:

JIB 279. By Messrs. Durden of Dougherty and Hand of Mitchell.
Abill to be entitled an act amending Code Section 4-214 as amended by an act of the General Assembly of 1943; to repeal certain paragraphs, etc.; and for other purposes.

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

HB 366. By Mr. McNall of Chatham.

Il08

JOURNAL OF THE HOUSE,

A bill to be entitled an act to create a State Game and Fish Commission.

HB 561. By Mr. McCurdy of DeKalb.
A bill to be entitled an act providing for the remiSSion of funds to which an officer may become entitled by virtue of the seizure of any vehicle used in conveying liquor, and for other purposes.

HB 193. By Mr. Hatchett of Meriwether.
A bill to be entitled an act relating to the enumeration of school children, and for other purposes.

HB 280. By Messrs. Durden of Dougherty and Hand of Mitchell.
A bill to be entitled an act providing for the acknowledgment of instruments, and for other purposes.

HB 95. By Mr. Greer of Lanier.
A bill to be entitled an act relating to the procedure, pleadings and evidence before the Georgia Public Service Commission, and for other purposes.

HB 83. By Messrs. Hicks, Baker and Littlejohn of Floyd.
A bill to be entitled an act empowering the Secretary of State to grant to fire insurance companies to cover by their policies losses ascribably to lightning, hail, etc., and for other purposes.

HB 170. By Messrs. Connell of Lowndes, Greer of Lanier, Dorsey of Cobb, and others.
A bill to be entitled an act relating to when tax receivers shall present returns to county assessors, and for other purposes.

Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate, to-wit:

SB 85. By Senator Wellborn.
A bill to be entitled an act to amend the Code of Georgia of 1933 providing for the oath required to qualify as an elector so as to require an elector to state his political party affiliation, and for other purposes.
Mr. Speaker:

SATURDAY, MARCH 3, 1945

1109

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

HB 281. By Mr. Dyrden of Dougherty, and others.
A bill to be entitled an act amending the Code of Georgia relating to the probate and establishment of wills, and for other purposes.

HB 453. By Mr. Hubert of DeKalb.
A bill to be entitled an act amending an act entitled an act to amend an act entitled "Homestead Exemption from Taxes" by adding a new paragraph authorizing the family or friends of a person absent In the armed forces to claim the homestead exemption for such absent person, 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 402. By Messrs. Weaver and Bloodworth of Bibb.
A bill to be entitled an act to amend Section 35 of the Corporation Act providing the method of dissolution shall apply to all corporations chartered by the Superior Courts of this State, and for other purposes.

Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills and resolution of the House, to wit:

HR 29. By Messrs. Gowen and Gilbert of Glynn.
A resolution that the executive order pertaining to crab meat taken from the waters of this State for sale shall be one-eighth of one cent per pound on the edible meat, and for other purposes.

HB 125. By Mr. Kendrick of Fulton.
A bill to be entitled an act to amend the Code of Georgia in regard to compensation for injuries, and for other purposes.

HB 126. By Mr. Kendrick of Fulton.
A bill to be entitled an act to amend the Code of Georgia by providing additional methods of taking testimony under Workmen's Compensation Law.

1110

JOURNAL OF THE HOUSE,

HB 278. By Messrs. Durden of Dougherty and Hand of Mitchell.
A bill to be entitled an act to provide for the receiving as evidence m any court official findings of death, and for other purposes.

HB 353. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, and others.
A bill to be entitled an act relating to the records to be kept in the Governor's office, and for other purposes.

HB 385. By Mr. Oden of Pierce.
A bill to be entitled an act to amend an act to create a Department of Natural Resources, and for other purposes.

HB 77. By Mr. Weaver of Bibb.
A bill to be entitled an act relative to the basis of computing compensation of an injured employee under the Workmen's Compensation Act, and for other purposes.

HR 137. By Messrs. Culpepper of Fayette and Kendrick of Fulton.
A resolution expressing condolence and sympathy of the General Assembly to Hon. John M. Slaton over the death of his beloved wife, Mrs. John M. Slaton.

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, to wit:

HB 525. By Mr. Harrison of Jenkins.
A bill to be entitled an act to prohibit the sale of wine or beer at a distance of one hundred feet of any school building, and for other purposes.

The Senate has passed by the requisite constitutional majority the following bill of the House, to wit:

HB 151. By Mr. Etheridge of Fulton.
A hill to he entitled an act amending the Code of Georgia in regard to life insurance companies relating to the board of directors, and for other purposes.

The following bills of the House were taken up for the purpose of considering Senate amendments thereto:

SATURDAY, MARCH 3, 1945

1111

HB 161. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of
Cobb, Phillips of Columbia and McCracken of Jefferson. A bill to be entitled an act to amend the Homestead Exemption Law by providing for the filing of application for exemption on April 1st instead of May 1st, and for other purposes.
The following Senate amendment to HB 161 was read:
Senator Millican of the 52nd move& to amend HB 161, line 17 of the caption, after the word "April" the following: "To provide closing date for filing application for exemption in counties of not less than 200,000 population" and further amend Section 1, line 9, after the word "April" the following: "Except that in counties and municipalities of over 200,000 or more according to the 1940 or any future census, the time of filing written application and schedule for exemption shall be on or before May 1st of the year in which exemption from taxation is sought," so that said Section 2 of said original act as amended shall read as follows:
"Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the exemption of property provided for by this act shall not be exempted from taxation until and unless the persons seeking said exemption shall on or before April 1st of each year in which the exemption for taxation is sought, file a written application and schedule with the official or the county and/or municipality of his residence charged with the duty of receiving property for taxation for county purposes and/or municipal purposes. 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, except that in counties and municipalities of over 200,000 or more according to the 1940 or any future census, the time of filing written application and schedule for exemption shall be on or before May 1st of the year in which exemption from taxation is sought."
On agreeing to Senate amendment to HB 161, the ayes were 108, the nays 0, and the Senate amendment was agreed to.

HB 162. By Messrs. Connell and Cowart of Lowndes, Greer of Lanier, Dorsey of Cobb, Phillips of Columbia and McCracken of Jefferson.
A bill to be entitled an act to provide applications for exemptions on the household and kitchen furniture must be filed by April 1st instead of May 1st, and for other purposes.
The following Senate amendment to HB 162 was read:
Senator Millican of the 52nd moved to amend HB 162, line 11 of the caption, after the figures "1943" by adding the following: "To provide closing date for filing application for exemption in counties of not less than 200,000 population" and further amend Section 1 by adding in line 9, after the word "April" the following: "Except

1112

JOURNAL OF THE HOUSE,

that in counties of over 200,000 or more according to the 1940 or any future census, the time of filing written application and schedule for exemption shall ~e on or before May 1st of the year in which exemption from taxation is sought," so that said Section 2 when so amended shall read as follows:
Section 2. Ben it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the person seeking said exemption shall, on or before April 1st of the year in which exemption from taxation is sought, file a written application and schedule with the _County Tax Receiver or Tax Commissioner charged with the duty of receiving returns of property for taxation. The failure to so file said application and schedule as provided herein shall constitute a waiver upon the part of such person failing to make said application for exemption for said year, except that in counties of over 200,000 or more according to the 1940 or any future census, the time of filing written application and schedule for exemption shall be on or before May 1st of the year in which exemption from taxation is sought."
On agreeing to Senate amendment to HB 162, th~ ayes were 108, the nays 0, and the Senate amendment was agreed to.

HB 163. By Messrs. Connell and Cowart of Lo'ndes, Greer of Lanier, Dorsey of. Cobb, Phillips of Columbia and McCracken of Jefferson.
A bill to be entitled an act to provide for the filing of tax returns from January 1st to April 1st instead of February 1st to May 1st, and for other purposes.

The following Senate amendment to HB 163 was read:
Senator Millican of the 52nd moved to amend HB 163, line 8 in the caption, after the word "April" by inserting the following: "To provide time for closing tax books in counties over 200,000 population" and further amend HB 163, Section 1, line 8, after the word "April" by adding the words "except that in counties of over 200,000 or more according to the 1940 or any future census, the time of closing the books for the return of taxes shall be May 1st," so that said section when amended shall read as follows:
"Section 92-6201. Time for making returns. The several tax receivers shall open their books for return of taxes on the first day of January and shall close same on the first day of April of each year except that inc ounties of over 200,000 or more according to the 1940 or any future census, the time of closing the books for the return of taxes shall be May 1st of each year."
On agreeing to Senate amendment to HB 163, the ayes were 105, the nays 0, and the Senate amendment was agreed to.

The Speaker presented to the House Gunner's Mate First Class Walter Gaskins, son of Representative Gaskins of Berrien, who has participated in ten major battles in the Pacific area and was a survivor of the Arizona at Pearl Harbor.

SATURDAY, MARCH 3, 1945

1113

The Speaker presented to the House Hon. John M. Simmons of Bainbridge, former member of this House and the Senate.

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

SB 78. By Senator Grayson of the 1st, and others. A bill to be entitled an act to fix the salary of the Adjutant General of Georgia at $6,000 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 2. The bill having received the requisite constitutional majority, was passed.

SB 155. By Senators Drake of the 8th and Freeman of the 22nd.
A bill to be entitled an act to amend Code Section 34-3402 to provide that political mass meetings may be held in the courthouse, or other public building, and for other purposes.
The report 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 228. By Senator Millican of the 52nd. A bill to be entitled an act to supplement the salaries of the judges of the Superior Court of Fulton county, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 138, the nays 0. 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 provide a Pension System for employees of the Hospital Authority, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1114

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 108, the nays 0. The bill having received the requisite constitutional majority, was passed.

SB 149. By Senators Harrell of the 7th and Causey of the 46th.
A bill to be entitled an act to repeal Code Section 95-1715 and substituting a new section to authorize the State Highway Department to condemn property for public roads to the width of 200 feet and may condemn property for borrow pits, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 3.
The bill having received the requisite constitutional majority, was passed.

SB 85. By Senator Wellborn of the 40th.
A bill to be entitled an act to amend Code Section 34-103 by substituting the figures 18 for the figures 21 and to require electors to state his political party affiliation, and for other purposes.
The following Committee substitute was read and adopted:
The Committee on State of the Republic offers as a substitute for SB 85 the following : '
A bill to be entitled an act to amend Code Section 34-103, providing for the oath required in order to qualify electors; to substitute the figures "18" for the figures "21" in the third line of said Code Section; 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 l. That Code Section 34-103, relative to the oath required in order to qualify electors when registering as a voter he and it is hereby amended by substituting the figures "18" for the figures "21" in the third line of said Code Section so that said section shall read as follows:
"34-103. Form of oath required to qualify elector.-The oath to qualify an elector shall be as follows: 'I do swear, or affirm, that I am a citizen of the United States; that I am 18 years of age, or will be on the................day of................................ of this calendar year; that I have resided in this State for one year, and in this county for six months, immediately preceding the date of this oath, or will have so resided on the................day oL.............................. of this calendar year; that I possess the qualifications of an elector required by the Constitution; and that I am not disfranchised from voting by reason of any offense committed against the laws of the State. I further swear, or affirm, that I reside in the -------------------- district, G.M.,

SATURDAY, MARCH 3, 1945

1115

or in the ---------------- ward of the city oL----------------------------------------- at number________________ on________________________________________street; my age is ------------ my occupation-------------------------------"
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.
The report of the committee, which was favorable to the bill, was agreed to by substitute.
On the passage of the bill by substitute, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority, was passed by substitute.

SB 162. By Senator Stone of the 15th.
A bill to be entitled an act to repeal Code Section 32-937 and substituting a new Section 32-937 providing for free tuition in the public schools to children between 6 and 18 and provide veterans of World War II may attend the schools under rules adopted by the State Board of Education, regardless of age, and for other purposes.
By unanimous consent SB 162 was tabled.

SB 96. By Senator Gillis of the 16th and others.
A bill to be entitled an act to authorize the State Game and Fish Commission to purchase an aeroplane to patrol the coastal waters 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 114, the nays 4.
The bill having received the requisite constitutional majority, was passed.

SB 167. By Senator Millican of the 52nd.
A bill to be entitled an act to repeal in its entirety an act to prevent the practice of fraud upon the public in the sale and use of oleomargarine approved September 21, 1883 (Georgia Laws 1882-3, page 124), and for other purposes.

The report 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.

1116

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mrs. 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 548. By Mr. Etheridge of Fulton, and others.
A bill to amend the Charter of the City of College Park, by extending the city limits, and for other purposes.

The following message from His Excellency, the Governor, was read:

Hon. Roy V. Harris, Speaker House of Representatives and Members House of Representatives State Capitol Atlanta, Georgia

March 3, 1945

Dear Mr. Speaker and Representatives:

It is my information that the General Assembly will adjourn today. I want to express to you my sincere appreciation for the very fine cooperation accorded me and the administration. It is my belief that the 1945 General Assembly will go down in the history of Georgia as one of the very greatest, if not the greatest assembly, ever to legislate for the interest of the people.
The greatest accomplishment of the session was the passage of the proposed new Constitution and its submission to the people of Georgia for ratification. The new Constitution is a step forward. It seeks to modernize our basic law, end special privilege and more fully and adequately protect the people's rights. The document will make it possible for our State to more properly develop and for the governments of the State, counties and municipalities to become more serviceable to the people. It is my confident prediction that the new Constitution which you have so ably devised will be overwhelmingly ratified by the sovereign people of Georgia.
The abrogation of the poll tax will mark this Assembly as one of the most progressive ever to assemble in our State Capitol.
The veterans' legislation enacted by you will give Georgia the best veterans' program of any State in the Union. It is fine that the 1945 General Assembly enacted such an outstanding veterans' program. It is right that the accent should be placed on veterans' affairs.
I am certain that the people of Georgia enthusiastically endorse and approve what you have done for education. The two months' extra salary for teachers and the million dollar retirement fund made possible by this Assembly are forward steps for our educational establishment. Other important educational legislation likewise received favorable action at your hands.

SATURDAY, MARCH 3, 1945

1117

am proud of the fact that legislation was enacted for the development of our State ports, for the construction of a War Memorial Building, for a veterans' loan agency, for judicial reform, and for peace officer compensation adjustments. I am glad that the General Assembly favorably considered a health resolution under which advancements in public health will be made in this State.
It is significant to note that you have put no new or increased taxes on the people. This in itself is most complimentary and commendable of the session.
Some important measures will go over to the 1946 adjourned session but I unhesitatingly say to you that you have done a good job for the people of Georgia. It is, therefore, my hope that each of you will assist in bringing about the ratification of the new Constitution which will serve as the capstone of the many programs of the present State administration.
If there has ever been a General Assembly in the State that truly represented the people, it is my firm belief that it is the 1945 Legislature.
Whenever I can be of any possible service to you, it is my hope that you will command me.
Congratulations and best wishes!

Faithfully yours,

ea/gc

Ellis Arnall, Governor.

Dr. Smith of Bryan was granted leave of absence for the afternoon session.
Mr. Durden of Dougherty asked unanimous consent that the House take a recess until 2 o'clock and the request was granted.
The Speaker announced the House recessed until 2 o'clock this afternoon.

Saturday Afternoon, 2 o'clock.
The time for reconvening having arrived, the Speaker called the House to order.
The following resolutions of the House were read and adopted:
HR 134. By Dr. Smith of Bryan and Mr. Pittman of Bartow. A resolution memgrializing the State Office of Selective Service to use greater diligence in the selection of farm draftees.
HR 135. By Messrs. Williams of Ware and Harrison of Jenkins. A resolution expressing appreciation to Mr. William K. Jenkins, President of the Georgia Theatre Company, for his thoughtful courtesy of extending the privilege of passes to the members of the House.

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HR 136. By Mr. Fowler of Douglas.
A resolution congratulating Mrs. Alonzo Richardson on her excellent work as head of the Atlanta Film Board of Review and wishing her a long life.

HR 137. By Messrs. Culpepper of Fayette and Kendrick of Fulton.
Whereas, in the death of Mrs. John M. Slaton Georgia has suffered an irreparable loss, and
Whereas, the Honorable John M. Slaton did serve this State with distinction as President of the State Senate, and as Governor, and
Whereas, the members of the General Assembly are mindful of the great sorrow being suffered by the said John M. Slaton by reason of his great bereavement,
Be it therefore resolved by the House of Representatives, the Senate concurring, that the condolences and sympathies of the General Assembly be and are hereby extended to the Honartble John M. Slaton.
The following resolution was read:

HR 138. By Mr. Fortson of Wilkes.
A RESOLUTION
Be it resolved by the House that the Chairman of the Committee of Hygiene and Sanitation be and he is hereby directed to appoint a sub-committee to include the Chairman thereof not to exceed seven men as an ad interim Committee for the purpose of keeping in touch with the Health Program that may be instituted in the State. And that said Committee be entitled to draw the actual traveling expenses and per diem.
The following amendment to HR 138 was read and adopted:
Mr. Harrison of Jenkins moved to amend HR 138 as follows, to-wit: By adding at the end of the same the following: "But the said Committee shall not be entitled to draw per diem that exceeds in the aggregate thirty (30) days."
By unanimous consent HR 138 was adopted as amended.

The following bills and resolutions of the House were taken up for the purpose of considering Senate amendments and substitutes thereto:

HR 31. By Messrs. Gowen of Glynn, Hand of Mitchell, Hooks of Emanuel.
A resolution providing for the same committee composed of the same members be reappointed by the Speaker of the House and the President of the Senate respectively to work with and assist officials of the State Milk Control Board and the Georgia dairy industry in getting the aforementioned subsidy payments renewed at their proposed expiration date.

SATURDAY, MARCH 3, 1945

1119

The following Senate amendment was read:
Senator Gross of the 31st moved to amend HR 31 by striking therefrom the paragraph reading as follows: "Now therefore be it resolved, by the House of Representatives, the Senate concurring, that this committee composed of the same members be reappointed by the Speaker of the House and the President of the Senate respectively to work with and assist officials of the State Milk Control Board and the Georgia Dairy Industry in getting the aforementioned subsidy payments renewed at their proposed expiration date, March 15, 1945; to make such recommendations, after investigation, as they may think proper to the Director of the Milk Control Board, and to report back to the next regular or special session of the Georgia Assembly, its Acts, doings and recommendations in reference to the aforesaid subject matter"; and by substituting in lieu thereof a paragraph to read as follows:
"Now, therefore be it resolved, by the House of Representatives, the Senate concurring, that the members of the above named committee who are now members of the General Assembly of Georgia, be reappointed by the Speaker of the House and the President of the Senate respectively and the President of the Senate to appoint two additional members of said committee from the membership of the present State Senate, to work with and assist officials of the State Milk Control Board and the Georgia dairy industry in getting the aforementioned subsidy payments renewed at their proposed expiration date, March 15, 1945; and to make such recommendations, after investigation, as they may think proper to the Director of the Milk Control Board, and to report back to the next regular or special session of the General Assembly, its acts, doings and recommendations in reference to the aforesaid subject matter";

Mr. Phillips of Columbia moved that the House agree to the Senate amendment to HR 31.
On the motion to agree to the Senate amendment to HR 31, the ayes were 106, the nays 0.
The motion prevailed and the Senate amendment to HR 31 was agreed to.

HB 548. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton.
A bill to be entitled an act to amend the charter of the City of College Park by extending the city limits, and for other purposes.
The following Senate amendment was read:
The Committee on Municipal Government moved to amend HB 548 by adding a fifth section to read as follows:
Section 5. This act shall not take effect until the expiration of twelve months from the date of its final passage and approval, to give the City of East Point and the City of College Park a reasonable length of time or such time as the represP.ntative~ of said municipalities can get together or arbitrate, in which to make

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necessary changes and adjustments in electric, water and sewer services in the affected area annexed by this act to the City of College Park.
By adding a sixth section to read as follows:
Section 6. The City of East Point shall be paid by the City of College Park just and adequate compensation for all electric, water and sewer facilities, poles, pipe, lines and equipment now located in the affected area to be annexed to the City of College Park under this Charter Amendment. The City of College Park and the City of East Point shall try to arrive at a fair and equitable basis for determining what is just and adequate compensation for the City of East Point water, light and sewer facilities in the affected area to be annexed to the City of College Park by this Charter Amendment, within ninety days from the date of the approval of this amendment by the Governor of Georgia, but if said cities have not arrived at an agreement upon a basis satisfactory to both of them for determining what is just and adequate compensation to be paid to the City of East Point by the City of College Park for said properties and facilities of the City of East Point, then and in that event the amount of just and adequate compensation to be paid the City of East Point shall be determined by a board of arbitration. Said board of arbitration shall be composed of two arbitrators selected by the City of College Park, and two arbitrators selected by the City of East Point, and a fifth arbitrator selected by the four arbitrators so selected by said cities. The judgment or determination of any three of said arbitrators shall be the judgment of said board on the questions submitted for arbitration, and the only question submitted shall be what is just and adequate compensation for the City of College Park to pay the City of East Point for the electric, water and sewer lines, pipe, poles and other properties and improvements in said affected area to be annexed to the City of College Park under this act.
The selection of arbitrators by each of said cities shall be in writing, and a certified copy thereof shall be furnished by each city to the other city within thirty days from the date when mutual efforts to settle the matters involved have failed and it has become their duty under this act to appoint arbitrators. It shall be the duty of each of said cities to spread its own acts upon the minutes of its governing body, and also to spread upon such minutes the selection or appointment of arbitrators by the other city.
Said arbitrators appointed by the respective cities shall meet in the Assembly Room of the Fulton County Court House, which is known as Room 405 in said court house, at three o'clock P. M., Atlanta time, on the first Thursday next after the third Monday of the first month following the month on which the last of such arbitrators were selected by either of said cities, and select a fifth arbitrator. No one shall be selected as the fifth arbitrator on said board who shall have any connection with or interest in the Georgia Power Company, the City of Atlanta, of Fulton county; provided, the residence of such person in the City of Atlanta shall not disqualify anyone to act as such fifth arbitrator; and provided further that such fifth arbitrator shall be a disinterested and impartial arbitrator.
When all of said arbitrators shall have been selected as above provided, they shall be sworn to do equal and impartial justice between the City of East Point and the City of College Park in the matter of fixing just and adequate compensation

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to be paid to the City of East Point by the City of College Park for the electric, water and sewer lines, poles, properties and improvements of the City of East Point now located in the area to be annexed to the City of College Park by the charter amendment of 1945 extending the city limits of the City of College Park. This oath shall be taken and subscribed by each of said arbitrators in the presence of some officer authorized by law to administer oaths in Fulton County, Georgia, and the same shall be filed with each of said cities and entered on their respective minutes.
It shall be the duty of said arbitrators selected, sworn and qualified, to make careful investigation of the electric, water and sewer poles, lines, pipe, and improvements in order to determine what is just and adequate compensation to be paid for the same, and to this end said arbitrators shall go into the area to be annexed to the City of College Park under this charter amendment and see, investigate, examine, inventory and appraise said lines, poles, pipe, properties and improvements. Said board of arbitrators shall hear evidence as to the cost and values, giving each of said cities an equal opportunity to present evidence on said matters. Only material and pertinent matters shall be considered by said arbitrators, but due regard shall be exercised for all material, pertinent or relevant matters and conditions which affect value under the laws of this State, as in cases of condemnation under the power of eminent domain.
The findings and valuation arrived at by said board of arbitrators shall.be in writing and filed in duplicate with the city council of each of said cities within ten days after the date of such findings.
Either city dissatisfied with said findings of said board of arbitrators may appeal such findings to the Superior Court of Fulton County, Georgia, within thirty days from the date of the filing of such findings of said board of arbitrators with the city council of such city dissatisfied with such findings. Said appeal shall be in writing and shall state briefly that such appealing city is dissatisfied with the judgment of said board of arbitrators and desires that the values of said properties and improvements of the City of East Point located in the area to be annexed to the City of College Park, be fixed by the Superior Court of Fulton County, Georgia, whereupon it shall be the duty of the Superior Court of Fulton county, or one of the judges thereof, within thirty days from the date of such appeal to impanel a special jury of impartial jurors to hear and determine the question of valuation of said properties and improvements as if it had never been gone into by a board of arbitrators. Said trial on appeal to the Superior Court shall be in all respects as if the court were trying an appeal in a condemnation proceeding brought by either of said cities against any private individuals to condemn private property for public use.
Either city dissatisfied with the judgment of the Superior Court on appeals shall have the right to carry the matter by bill of exceptions to the Court of Appeals or the Supreme Court of this State as in cases of condemnation under the power of eminent domain.
It is understood that East Point will continue existing services and facilities, until final settlement.
By adding a seventh section to read as follows:

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Section 7. By amending Section 1 of said act, as follows:
Part of the description relating to the lines of land to be annexed is hereby amended so as to show that the north lines run parallel with Stone Road to said annexed property shall extend to a point 220 feet south of the north side of Stone Road, and not 220 feet north of the south side of Stone Road, as formerly written; and said section is hereby amended by striking in said Paragraph 2 of said section on page two of said act all of lines or sentences thereof, to-wit: 12, 13, 14, 15, 16 and 17, which reads as follows: "and Land Lot 223 and on the West Line of Land Lot 222 to a point 220 feet north of the line of land lot 223, from this point thence running east parallel with land lot line and 220 feet north of the north line of land lot 223 through land lots 222 and 195 to the east line of land lot 195 which is the west line of land lot 190, and from this point running south along the" and inserting in lieu thereof so that said lines and sentences when amended shall read as follows, beginning at line 12 on page 2 of said act in paragraph 2: "and part of land lot 223 to a point 220 feet south of the north corner of land lot 223, from this point thenc'e running east parallel with land lot line, 220 feet south and parallel with the north line of land lots 223 and 194 to the east line of land lot 191, which is the west line of land lot 191, and from this point running south along the".
Mr. Etheridge of Fulton moved that the House agree to the Senate amendment to HB 548.
On the motion to agree to the Senate amendment to HB 548 the ayes were 107, the nays 0.
The motion prevailed and the Senate amendment to HB 548 was agreed to.

HB 289. By Messrs. Durden and Sapp of Dougherty.
A bill to be entitled an act to authorize municipalities, to establish and maintain post-war public works reserve funds, to provide funds for such reserves, and for other purposes.
The following Senate substitute was read:
A bill to be entitled an act to authorize the several counties and municipalities to establish rese ve funds and to define the conditions under which monies raised by taxation may be transferred thereto and removed therefrom; to provide that the existence of such reserve fund shall not curtail or limit the right of such county or municipality to levy taxes; and for other purposes.
Be it enacted by the General Assembly of Georgia and there is hereby enacted by authority of the same:
Section l. Whenever the fiscal authority of any county or municipality shall determine that because of unusual conditions, it is impractical to expend the funds raised by taxation for the purpose for which they were levied and that it is for the best interest of the county and its citizens and taxpayers that the public work: be postponed until more advantageous conditions prevail, it shall be lawful for such

SATURDAY, MARCH 3, 1945

1123

authority to order so much of such funds as it deems proper transferred to a fund to be known as the "reserve fund" of such county or municipality. Such fund may be deposited in the manner now provided by law or may be invested in obligations of the United States of America.
Section 2. It shall further be within the power and discretion of such fiscal authorities to transfer to such reserve fund any accumulated overage in their general fund from time to time.
Section 3. Such reserve fund shall be held until the fiscal authority shall determine that it is practical and advantageous to undertake public work needed in the said county or municipality, and thereupon it may order funds transferred from such reserve fund to any of the several funds or to the general fund of the said county or municipality; provided nevertheless that before any such transfer from the reserve fund shall be made such fiscal authority shall give notice of its intention to make such transfer and the purpose for which the transferred fund is to be expended by publication in its official organ in one issue not less than ten days prior to the meeting of the fiscal authority at which the transfer is to be made.
Section 4. Such reserve fund shall not prevent tax levies being made by such fiscal authority for the several purposes authorized by law in such rates as are necessary for the current or anticipated needs of the county or municipality to the same extent that they could lawfully do if no such fund was in existence.
Section 5. When any such reserve fund is established it shall be the duty of the
fiscal authority of the county or municipality to expend the same for needed public work and improvements as rapidly as they deem practical.
Section 6. All laws or parts of laws in conflict herewith are hereby repealed.

Mr. Durden of Dougherty moved that the House adopt the Senate substitute to HB 289.
On the motion to adopt the Senate substitute to HB 289 the ayes were 118, the nays 0.
The motion prevailed and the Senate substitute to HB 289 was adopted.

HB 284. By Mess.rs. Hinson and Williams of Ware, Connell of Lowndes and Thrash of Coffee.
A bill to be entitled an act to prevent waste and to foster, encourage and provide conservation of crude oil and natural gas and protect the vested, co-equal or corelative rights of owners of crude oil, or natural gas, and to create an Oil and Gas Commission, and for other purposes.
The following Senate substitute was read:
Committee on State of Republic moved to amend HB 284 by adding at the end of Section 14 and to be designated as Section 14 (a) the following:

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" (a) When two or more separately owned tracts of land are embraced within an established drilling unit, the owners thereof may validly agree to integrate their interests and to develop their lands as a drilling unit. Where, however, such owners have not agreed to integrate their interest, the Commission shall, for the prevention of waste or to avoid the drilling of unnecessary wells, require such owners to do so and to develop their lands as a drilling unit.
"(b) When two or more separately owned tracts of land are embraced within a pool or a portion of a pool suitable for gas cycling, the owners thereof may validly agree to integrate their interest therein and develop their lands as unit. Where, however, such owners have not agreed to so integrate their interests, the commission may, in order to prevent waste and to avoid the drilling of unnecessary wells, after notice and upon hearing, determine the feasibility of, and require, the cycling of gas in any pool or portion of a pool productive of gas from which condensate may be separated or natural gasoline extracted, and promulgate rules to unitize separate ownership and to regulate production of gas and re-introduction of gas into productive formations, after separation of condensate or extraction of natural gasoline for such gas.
"(c) All orders requiring such integration shall be made after notice and hearing and shall be upon terms and conditions that are just and reasonable, and will afford to the owner of each tract the opportunity to recover or receive his just and equitable share of the oil and gas in the pool without unnecessary expense, and will prevent or minimize reasonably avoidable drainage from each integrated unit which is not equalized by counter drainage. The portion of the production allocated to the owner of each tract included in an integrated unit formed by an integration order shall, when produced, be considered as if it had been produced from such tract by a well drilled thereon. In the event such integration is required, the operator designated by the Commission to develop and operate the integrated unit shall have the right to charge to each other interested owner the actual expenditures required for such purposes not in excess of what are reasonable, including charges for supervision, and the operator shall have the right to receive the first production from any well drilled by him thereon, which otherwise would be delivered or paid to the other parties jointly interested in the drilling of the well, so that the amount due by each of them for his share of the expense of drilling, equipping and operation of the well may be paid to the operator of the well out of production, with the value of the production calculated at the market price in the fields at the time such production is received by the operator or placed to his credit. In the event of any dispute relative to such costs, the Commission shall determine the proper costs.
" (d) Sshould the owner of separate tracts embraced within a drilling unit fail to agree upon the integration of the tract and the drilling of a well on the unit, and should it be established that the Commission is without authority to require integration as provided for in sub-division (a) of this section, then subject to all other applicable provisions of this act, the owner of each tract embraced within the drilling unit may drill on his tract but the allowable production from said tract shall be such proportion of the allowable for the full drilling unit as the area of such separately owned tract bears to the full drilling unit.

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" (e) Agreements made in the interest of conservation of oil or gas or both, or for the prevention of waste, between and among owners or operators, or both, owning separate holdings in the same oil or gas pool, or in any area that appears from geological or other data to be underland by a common accumulation of oil or gas, or both, or between and among such owners or operators, or both, and royalty owners therein, of the pool or area, or any part thereof, as a unit for establishing and carrying out a plan for the cooperative development and operation thereof, when such agreements are approved by the Commission, are hereby authorized and shall not be held or constructed to violate any of the statutes of this state relating to trust, monopolies, or contracts and combinations in restraint of trade."
Messrs. Hinson and Williams of Ware moved hat the House agree to the Senate amendment to HB 284.
On the motion to agree to the Senate amendment to HB 284 the ayes were 112, the nays 0.
The motion prevailed and the Senate amendment to HB 284 was agreed to.
The following Senate amendment was read:
Committee on State of Republic moves to amend HB 284 by striking out of the first sentence in Section 24 beginning at the words "after permit" and ending with the words "procedure of drilling," and adding in lieu thereof the following:
"After permit to drill a well has been granted, the owner, operator, contractor, driller or other person responsible for the conduct of the drilling operations shall furnish the commission a surety bond in the amount of Two Thousand ($2,000) Dollars to insure the faithful performance of the requirements of this act with respect to the filing of reports required thereunder within a period of three (3) years from its date. If during said three (3) year period the operations of the person furnishing said bond in the drilling of wells shall be so extensive that in the discretion of the Commission the amount of said bond is not sufficient to insure prompt filing of the reports, it may require an increase of said bond in an amount not exceeding Five Thousand ($5,000) Dollars to cover all of said operations and said responsible person shall also file a report describing progressively the strata, water, oil and other minerals encountered in drilling the well with such other and additional information as to gas volumes, pressures, rate of fill-up, water depths, caving strata, casing records and such other information as is usually recorded in the normal procedure of drilling."
Committee on State of Republic moves to amend HB 284 by striking out in its entirety the last sentence of Section 24, subsection (c), beginning at the words "if the cutting" and ending at the words "so requested in writing," on page 18 of said bill and by adding a new subsection to be known as subsection (d) to read as follows:
" (d) If the reports, cuttings and cores herein required, shall be furnished to the Commission and the State geologist before the expiration of the six (6) months' period, they shall in all respects be confidential and shall not be subject to examination in whole or in part by any member of the public, nor shall any information con-

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tained therein be made public by the Commission or any employee or member thereof, or by the State geologist, or any other person until within six (6) months after the report shall have been filed, or the well abandoned, if the owner or operator or other person furnishing said report or drill cutting or cores shall so equest in writing."
Messrs. Hinson and Williams of Ware moved that the House agree to the Senate amendment to HB 284.
On the motion to agree to Senate amendment to HB 284 the ayes were 119, the nays 0.
The motion prevailed and the Senate amendment to .HB 284 was agreed to.

HR 52. By Messrs. Kendrick and Etherid'ge, and Mrs. Mankin of Fulton.
A resolution proposing an amendment to Article 7, Section 6, Paragraph 2 of the Constitution authorizing Fulton County Commissioners to levy and collect a license tax on all persons doing business in unincorporated areas and to regulate the conduct of businesses in said areas, and for other purposes.
The following Senate substitute was read:
Senator Millican of the 52nd offered the following substitute for HR 52:
A resolution to propose to the people of Georgia an amendment to Article 7, Section 6, Paragraph 2 of the Constitution of Georgia, by adding thereto a new paragraph to authorize the county commissioners of Fulton county to levy and collect a license tax from all persons maintaining a place of business in unincorporated areas, to license and regulate taxicabs and cars for hire in such unincorporated areas; and further authorizing said commissioners to regulate the conduct of business in said areas, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that Article 7, Section 6, Paragraph 2 of the Constitution of Georgia, which has heretofore been amended, be further amended by adding thereto a new paragraph in the following language, to-wit:
"The County Commissioners of Fulton County shall have the right to assess and collect a license tax from all persons, firms or corporations maintaining a place of business in any unincorporated area of Fulton county; to license and regulate taxicabs and cars for hire in such unincorporated areas; and for such purpose shall have the right to classify business enterprises, and to assess different license taxes against different classes of business. Such Commissioners shall also have the right to regulate all such business enterprises in the interest and to the welfare of the citizens of Fulton county, and to prescribe rules and regulations for the government of same in said unincorporated areas. Violations of any regulation adopted by the County Commission pursuant to this section, or failure to pay the license tax prescribed for any business, shall constitute a misdemeanor, punishable as prescribed in the General Laws of this State."

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Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton moved that the House adopt the Senate substitute to HR 52.

This resolution being an amendment to the Constitution, the Speaker ordered a roll call and the vote was as follows :

Those voting in the affirmative were:

Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Arnold of Spalding Baker Barrett Barwick Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brumby Brunson Campbell Cates Chance Chastain Cheek Cheshire Connell Cowart Crow Dallis Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Fulton Evitt Fortson

Fowler Freeman Gammage Gary Gaskins Gavin Giddens Glisson Greene Greer Griswell Guerry Guyton Hall Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Holloway Hooks Hubert Jackson Kelley Kenimer Kennon Kent Key

King Knabb Lam Lancaster Lane Lewis Littlejohn Livingston Looper Maund McCracken McCurdy Mankin Mann of Henry Mann of Rockdale Mason Matthews of Peach Mitchell Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Oakley Oliver O'Shea! Overby Parham Parks Pannell Pettit Phillips P'ittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray

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Roughton Rowland Seagler Sears Shields Sills Smiley Smith of Emanuel

Sparks Sumner Swint Thompson Twitty Underwood Watford Weaver

Wells of Ben Hill Wells ot Lincoln Whaley Williams of Ware Willoughby Wilson WitheringtoP Young

Those not voting were :

Adams Banks Bargeron Black Burch Callaway Claxton Conner at Crowley Culpepper DeFoor Ennis, J.H. Etheridge of Butts Garrison Gibson Gilbert Gowen Hampton Hand Harrison of Wayne

Hart Hollis Hurst Jennings of Sumter Jennings of Terrell Johns Kendrick Lovett McNall Mallard Malone Manous Massey Matthews of Paulding Medders Miller Moore l\' irholson Oden Odom

Pennington Riddlespurger Ritchie Rossee Sapp Seagraves Sheffield Smith of Bryan Smith of Oglethorpe Strickland of Pike Strickland of Upson Thornton Thrash Trotter Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Toombs Willis

On the motion to adopt Senate substitute to HR 52 the ayes were 143, the nays 0.
The motion prevailed and the Senate substitute to HR 52 was adopted.

HB 282. By Messrs. Cates and Bargeron of Burke, Harris of Richmond, Mason of Morgan, Medders of Bacon, Barrett of Banks, Pettit and Pittman of Bartow, Ramey of Chattooga, Moye of Brooks, Brunson and Mallard of Bulloch, Manous of Cherokee, Dorsey of Cobb, Smith of Emanuel, Chance of Twiggs, Crowley of McDuffie, Holbrook of Forsyth, Jennings of Sumter, Almand of Walton, Battles of Decatur, Barwick of Grady, Holloway of Schley, Miller of Decatur, Campbell of Newton, Parham of Heard, Harrison of Screven, Adamson of Clayton, Thornton of Elbert, Gibson of Seminole, Sheffield of Miller, Mosley of Early, Pannell of Murray, Witherington of Wilcox, Banks of Lamar, Roughton of Washington, Dykes of Bleckley, Williams of Toombs, Phillips of Columbia, McCracken of Jefferson,

SATURDAY, MARCH 3, 1945

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Underwood of Taylor, Hill and Price of Clarke, Hogg of Marion, Williams of Jones, Gammage of Sumter, Giddens of Calhoun, Harrison of Jenkins, Hurst of Coweta, Sills of Candler, Mrs. Mankin and Kendrick and Etheridge of Fulton, McCurdy of DeKalb, Brumby of Cobb, Herndon of Hart, Fowler of Douglas, Hubert of DeKalb, Mann of Henry, Holley of Richmond, Mitchell of Monroe, Greene of Crisp, Seagraves of Madison and Jackson of Washington.
A bill to be entitled an act to provide a different method for the distribution of gasoline tax revenues to the various counties, and for other purposes.
The following Senate amendment was read:
Senator Peebles of the 18th moved to amend HB 282 by adding at the end of Section 1 the following words: Provided, however, that no county shall receive less than $17,500.
Mr. Cates of Burke moved that the House agree to the Senate; amendment to HB 282.
On the motion to agree to Senate amendment to HB 282 the ayes were 113, the nays 0.
The motion prevailed and the Senate amendment to HB 282 was agreed to.

HB 338. 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, to provide the method of electing and the term of office of the building inspector, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moved to amend HB 338 as follows:
By adding thereto the following section, to-wit:
"Section 2. The charter of the City of Atlanta, as set forth in the official code, City of Atlanta, 1942, is amended by adding a new section, to be known as Section 3-110 of said code, to-wit
'3-110. The jurisdiction of the City of Atlanta for the enforcement of health and sanitation ordinances is hereby extended to abattoirs or places for the slaughter of animals, for consumption as food by the residents of the City of Atlanta located in unincorporated territory within two (2) miles of the present limits of the City of Atlanta.'
Section 3. The limits of the City of Atlanta are hereby extended so as to include and embrace therein the following tract of land, to-wit:
'Beginning at a point on the present city limits where said point is six hundred (600) feet distant at right angles in a southwesterly direction from the southwest side of Langston Street; thence southeasterly parallel to and six

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hundred (600) feet distant at right angles in asouthwesterly direction from the southwest side of Langston Street to the north side of Astor Avenue and the projection of said north side of Astor Avenue to the land lot line between land lots one hundred three (103) and one hundred twenty-two (122); Fourteenth (14th) district of Fulton County, Georgia; thence northerly along the said land lot line between said land lots one hundred three ( 103) and one hundred twentytwo ( 122) to the present city limits; thence westerly along the present city limits to the point of beginning, the territory herein described being a portion of land lot one hundred twenty-two (122) of the Fourteenth (14th) district of Fulton County, Georgia.'
The power and authority of the City of Atlanta under its present charter and ordinance and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described, on the passage of this act.
The power and authority of the officers of the city are made coextensive with the limits as extended by this act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due as now prescribed by charter and the laws and ordinances of the City of Atlanta are extended to all the limits included under the terms of this act. The power of the Health Department, Police Department, City Tax Assessors and Receivers, Tax Collector, Marshall, Clerk of Council, Building Inspector, Recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits and under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and are bound for the payment of said bonds equally with the former territory of the City of Atlanta.
Section 4. The act entitled 'An act to establish a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof,' be and the same are hereby amended as follows:
'The Mayor and General Council of the City of Atlanta are authorized to contract for group hospital expense insurance, or group surgical expense insurance, either or both, for the benefit of the employees of the City of Atlanta, in such groups or classifications as they deem proper, (provided that not less than 75 percentum of the eligible in any such groups of classifications shall elect to be insured), and are authorized to contribute part of the cost of such insurance. No employee shall be compelled to take such insurance, but where he voluntarily elects to do so, the city comptroller shall be authorized to deduct the employee's contribution from the salary orwages of the employee so insured.'
Section 5. The Mayor and General Council are authorized in their discretion to abolish the offices of Superintendent of Electrical Affairs and Building Inspector and create a division of permits and inspection under the Chief of Construction and upon such creation, the said Division of Permits and Inspection shall exercise the

SATURDAY, MARCH 3, 1945

1131

functions and duties now exercised by the Superintendent of Electrical Affairs and the Building Inspector and also the duties now exercises by the Assistant Chief of Construction in charge of plumbing and such other duties as to issuance of licenses, permits, making of inspections as may be imposed upon said Division by the Mayor and General Council. Upon the creation of such division, the Mayor and General Council shall fix the qualifications and salaries of the persons who shall be in charge of such divisions and assistants therein.
Section 6. The annual salary of the Chief of Police shall be $6,000 with the power of the Mayor and General Council to either increase or decrease the same.
Section 7. The annual salary of the Chief of the Fire Department shall be $6,000 with the power of the Mayor and General Council to either increase or decrease the same.
Section 9. Each resident of Atlanta, who is qualified and registered under the Constitution and laws of this State to vote in state and county elections, shall be permitted to vote in city elections, and the closing date for registraion shall be he same as hat provided by law for state and county elections.
The voters' records or lists prepared by the registrar for such State and county elections under applicable laws shall be used by the election managers in city elections, and the cost incurred by county officers in preparing and certifying such voters' records and lists shall be paid by the City of Atlanta. In cases of disagreement as to such cost, the amount thereof shall be determined in the following manner: The Mayor of the City of Atlanta, and the Tax Collector shall each name an arbitrator, these arbitrators shall elect a third, and the amount fixed by majority vote shall be promptly paid by the city. The Mayor and General Council shall provide by appropriate ordinances for the purging of the lists or voters' records so obtained for death, removal from the city, or other legal cause.
Section 10. Any and all laws or parts of laws in conflict herewith are hereby repealed.
Mr. Etheridge of Fulton moved that the House agree to the Senate amendment to HB 338.
On the motion to agree to the Senate amendment to HB 338, the ayes were 114, the nays 0.
The motion prl"vailed and the Senate amendment to HB 338 was agreed to.

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 213. By Senator Edenfield of the 2nd.
A bill to be entitled an act to require the Director of Corrections to pay thf' costs of an inquest where a State prisoner is killed within a State prison;

1132

JOURNAL OF THE HOUSE,

to require the Director of Corrections to pay costs of any criminal prosecution where the crime is committed by a State prisoner, and for other purposes.
The report 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.

SR 55. By Senators Caldwell of the 37th, Drake of the 8th, and Millican of the 52nd.
A resolution providing the appointment of a committee to make a careful study of the bills introduced in the General Assembly in connection with the distribution of highway funds to the various counties of this State, and for other purposes.
By unanimous consent SR 55 was tabled.
The following resolutions of the House and Senate were read:

HR 139. By Mr. McNall of Chatham. A resolution activating a sub-committee from the committee on Game and Fish during the ad interim of the General Assembly.
The following amendment was read and adopted: Mr. Harrison of Jenkins moved to amend HR 139 as follows, to-wit: By adding at the end of the same the following: "But the said Committee shall not be entitled to draw per diem that exceeds in the aggregate thirty (30) days." By unanimous consent HR 139 was adopted as amended.
The following resolutions of the House and Senate were read and adopted:

HR 140. By Messrs. Durden of Dougherty and McCracken of Jefferson.
A resolution extending the thanks and appreciation of the members of the House to the members of the stenographic bureau who so courteously and efficiently served the members during this session.

HR 141. By Messrs. Phillips of Columbia, Gowen of Glynn, Durden of Dougherty and McCracken of Jefferson.
A resolution expressing the deep appreciation of the members of the House to James V. Carmichael and his assistants in the Bell Aircraft Corporation who were so kind in giving transportation and personally conducted tours through the largest aircraft factory in the world.

SATURDAY, MARCH 3, 1945

1133

SR 56. By Senators Turner of the 34th, Rainey of the 11th, Edenfield of the 2nd, Freeman of the 22nd, Minchew of the 5th and Gross of the 31st.
Be it resolved by the Senate, the House concurring, that the General Assembly adjourn on Saturday, March 3rd, 1945, at 6:00 P'. M., until Monda}", January 14th, 1946, at 10 o'clock A. M.

The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House, to wit:

HB 517. By Messrs. Dorsey and Brumby, of Cobb.
A bill to be entitled an act amending an act approved March 29, 1937, entitled "An act to provide that no person, firm, or corporation shall establish, maintain, or operate any public dance-hall, boxing or wrestling arena or amusement place, ets., for money or profit outside the limits of incorporated towns or cities in any county in this State having a certain population," and for other purposes.

The Senate has agreed to the House substitute to the following bill of the Senate, to wit:

SB 91. By Senator Millican of the 52nd.
A bill to be entitled an act providing a method for figuring income tax for corporations, and for other purposes.
Mr. Speaker:
The Senate has passed, as amended, and by the requisite constitutional majority the following bill of the House, to wit:

HB 455. By Messrs. Gowen and Gilbert of Glynn.
A bill to be entitled an act amending Code Section 295-303 by providing coroners shall receive a fee of $10.00 for investigating and reporting each death caused by motor vehicle, and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

HB 357. By Mr. Harris of Richmond, and others.

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JOURNAL OF THE HOUSE,

A bill to be entitled an act amending Title 92, Division 1, part 9 of the Code of 1933 as amended, by striking certain sub-sections thereof and inserting in lieu thereof new sub-sections, and for other purposes.

HB 327. By Mr. Pittman of Tift, and others.
A bill to be entitled an act amending Section 12 of Article 2 of Banking Laws as codified in section salaries of assistant superintendent, examiners and clerks, and for other purposes.

HB 492. By Mr. Harrison of Jenkins.
A bill to be entitled an act amending the "Housing Authorities Law" by providing a regional or county housing authority shall have power to sell or rent dwellings outside of cities and may carry out rural housing projects, and for other purposes.
Mr. Speaker:
The Senate has passed, as amended, and by the requisite constitutional majority the following bills of the House, to wit:

HB 282. By Mr. Cates of Burke, and others.
A bill to be entitled an act repealing certain sub-sections of the Code of Georgia pertaining to the distribution of funds to counties for road purposes in order to provide a different method, and for other purposes.

HB 358. By Mr. Etheridge of Fulton, and others. A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta, and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House, to wit:

HB 266. By Mr. Durden of Dougherty, and others.
A bill to be entitled an act to amend an act approved March 29, 1937, known as the "Unemployment Compensation Law," and for other purposes.

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

SATURDAY, MARCH 3, 1945

1135

~ IB 94. By Mr. Fortson of Wilkes.
A bill to be entitled an act to provide a complete and comprehensive Vital Statistics Law providing the powers and duties of State Board of Health, and for other purposes.

HB 204. By Messrs. Harris of Richmond, and Gowen of Glynn.
A bill to be entitled an act amending the unemployment compensation law to exempt certain commissioned agents of common carriers, and for other purposes.

HB 290. By Mr. Gowen of Glynn.
A bill to be entitled an act amending an act providing the State may enter into a compact with any one of the several states to promote the better utilization of fisheries; and for other purposes.

HB 307. By Mr. Harrison of Jenkins. A bill to be entitled an act to amend Section 56-224 of the Code of Georgia.

HB 434. By Messrs. McCurdy of DeKalb and Williams of Ware.
A bill to be entitled an act to amend an act so as to define more fully "members" of a state chartered association, and for other purposes.

HB 551. By Messrs. Glisson of Evans, Smiley of Liberty, and Hooks of Emanuel.
A bill to be entitled an act providing manner and method of disposing of livestock. and swine belonging to the state, and for other purposes.

Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bill of the House, to-wit:

HB 35. By Mr. Harris of Richmond, and others.
A bill to be entitled an act providing for the creation of the office of judge of the Superior Courts, emeritus, and for other purposes.

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

SR 56. By Senators Turner of the 34th, Rainey of the 11th, Edenfield of the 2nd, Freeman of the 22nd, Minchew of the 5th, and Gross of the 31st.

1136

JOURNAL OF- THE HOUSE,

A resolution proposing that the Senate, the House concurring, do adjourn on Saturday, March 3rd, 1945, at 6 P. M., until Monday, January 14, 1946, at 10 A. M.

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

HR 83. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton.
A resolution proposing to the qualified voters of Georgia to amend Article 8, Section 4, Paragraph 1 of the Constitution to provide that Fulton county can levy a tax for education, and for other purposes.

HR 106. By Messrs. Cheshire and Riddlespurger of Colquitt.
A resolution proposing that the State of Georgia reconvey certain property in Colquitt county to the Georgia Northern Railway Company, and for other purposes.

HR 108. By Mr. Gowen of Glynn.
A resolution to pay Paul M. Strickland compensation for injuries incurred while in the line of duty as a member of the National Guard of Georgia, and for other purposes.

HB 115. By Messrs. Williams of Ware, Connerat of Chatham, and Mrs. Mankin of Fulton.
A bill to be entitled an act repealing in its entirety an act approved March 31, entitled an act regulating the practice of all branches of professional engineering, and for other purposes.

HB 383. By Mr. Price of Clarke.
A bill to be entitled an act amending Section 32-937 of the Georgia Code of 1933 relating to free tuition, age limits for children entering the common schools, etc., by striking said section in its entirety, and for other purposes.

HB 420. By Messrs. McCracken of Jefferson and Arnall of Coweta.
A bill to be entitled an act creating the Georgia Citizens Council, and for other purposes.

HB 531. By Mr. Malone of Laurens.
A bill to be entitled an act empowering county and municipal officials to license coin operated machines, and for other purposes.

SATURDAY, MARCH 3, 1945

1137

HB 553. By Messrs. Wilson, Weaver and Bloodworth of Bibb.
A bill to be entitled an act proposing an amendment to Article 7, Section 6, Paragraph 2 of the Constitution providing Bibb county may levy a tax to create a retirement fund for county employees, and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, and by the requisite constitutional majority the following bill of the House, to wit:

HB 284. By Mr. Hinson of Ware, and others.
A bill to be entitled an act to encourage conservation by creating the Oil and Gas Commission, 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 289. By Messrs. Durden and Sapp of Dougherty.
A bill to be entitled an act authorizing municipalities to develop reserve funds for post-war programs of public works projects, and for other purposes.

Under the regular order of business fixed 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 200. By Senators Daves of the 14th, Millican of the 52nd, Smith of the 24th, and Freeman of the 22nd.
A bill to be entitled an act to amend Code Section 92-2907 to provide license tags from destroyed or reti.red motor vehicles may be transferred to another motor vehicle upon payment of 50 cents, and for other purposes.
Mr. Culpepper of Fayette moved that SB 200 be tabled, the motion prevailed and SB 200 was tabled.

SB 226. By Senators Moate of the 20th and Mavity of the 44th.
A bill to be entitled an act to amend Code Section 92-6907 relating to County Boards of Tax Assessors to provide for the term they may serve, and for other purposes.

1138

JOURNAL OF THE HOUSE,

By unanimous consent SB 226 was stricken from the calendar.

SB 156. By Senator Welsch of the 39th.
A bill to be entitled an act to amend Chapter 26-81 of the Code to provide a new section to be known as Section 26-8117, to make it a misdemeanor to empty, dump, or otherwise place trash, garbage or other discarded materials upon the right-of-way of any public road, or highway, and for other purposes.
The report 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 6.
The bill having received the requisite constitutional majority, was passed.

SB 153. By Senator Millican of the 52nd.
A bill to be entitled an act to amend Code Section 12-601 by providing a maximum rate of interest which may be charged when property is pledged or pawned, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes we-re 109, the nays 0.
The bill having received the requisite constitutional majority, was passed.

SB 37. By Senator Grayson of the 1st, and others.
A bill to be entitled an act to provide that candidates may file itemized statement of expenses with the Comptroller General or clerks of the 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 121, the nays 0.
The bill having received the requisite constitutional majority, was passed.

The following bills of the House were taken up for the purpose of considering Senate amendments thereto:

HB 455. By Messrs. Gowen of Glynn and Gilbert of Glynn.
A bill to be entitled an act to amend Code Section 295-303 by providing coroners shall receive a fee of $10.00 for investigating and reporting each death caused by motor vehicles, and, for other purposes.

SATURDAY, MARCH 3, 1945

1139

The following Senate amendment was read:
Committee on State of Republic moved to amend HB 455 by adding a new section to be known as Section 2a, and reading as follows:
Section 2a. The provisions of this act pertaining to coroners receiving fees shall not apply in any case where the coroner is on a salary basis in said county.
Mr. Gowen of Glynn moved that the House agree to the Senate amendment to HB 455.
On the motion to agree to Senate amendment to HB 455 the ayes were 116, the nays 0.
The motion prevailed and the Senate amendment to HB 455 was agreed to.

HB 525. By Mr. Harrison of Jenkins. A bill to be entitled an act to prevent the sale of wine or beer within 100 feet of any school building in this State, and for other purposes.
The following Senate amendment was read: Amend HB 525 by striking the word "feet" in Section 1, line 2, and inserting in lieu thereof the word "yards."
Also amend caption wherever it says "feet" and inserting the word "yards."
Mr. Harrison of Jenkins moved that the House agree to Senate amendment to HB 525.
On the motion to agree to the Senate amendment to HB 525, the ayes were 114, the nays 0.
The motion prevailed and the Senate amendment to HB 525 was agreed to.

HB 402. By Messrs. Weaver and Bloodworth of Bibb.
A bill to be entitled an act to amend Section 35 of the Corporation Act approved January 28, 1938, to make it apply to any corporation incorporated under an act of the General Assembly authorizing Superior Courts to grant charters, and for other purposes.
The following Senate amendment was read:
The Senate Committee on Special Judiciary moved to amend HB 402 by adding at the end of Section 1 the following words: "All dissolutions of charters of Corporations incorporated prior to said act of 1938 under the terms of said act or under the laws in force prior to the adoption of said act, shall in all cases be held to be valid and effective where compliance with the dissolution statute in question was had."

1140

JOUR~AL OF THE HOUSE,

Mr. Bloodworth of Bibb moved that the House agree to the Senate amendment to HB 402.
On the motion to agree to the Senate amendment to HB 402 the ayes were 112, the ~ays 7.
The motion prevailed and the Senate amendment to HB 402 was agreed to.

HB 279. By Messrs. Durden of Dougherty and Hand of Mitchell.
A bill to be entitled an act to repeal paragraph 3 of Code Section 4-214 and substitute a new paragraph 3 relating to powers of attorney granted by persons serving in the armed forces and to provide said powers of attorney shall not be revoked by death of the principal where agent acts without actual notice of said death, and for other purposes.
The following Senate amendment was read:
Committee on General Judiciary No. 2 moved to amend HB 279 by adding the following proviso at the end of Section 1, as follows:
Provided that it shall be made to appear by proof that the person or persons, firm or corporation receiving any property by reason of the exercise of the power shall have paid value for said property and make bond for title to purchaser of the property without notice of the death of the principal; provided further that this act shall not apply to any last will and testament of the principal unless the power of disposal is in compliance with the last will of the principal.
Mr. Durden of Dougherty moved that the House agree to the Senate amendment to HB 279.
On the motion to agree to the Senate amendment to HB 279 the ayes were 103, the nays 0.
The motion prevailed and the Senate amendment to HB 279 was agreed to.

Mr. Culpepper of Fayette moved that the following bill of the Senate be taken from the table:

SB 200. By Senator Davis of the 14th and others. A bill to be entitled an act to amend Code Section 92-9207 to provide license tag from destroyed motor vehicle may be transferred to another motor vehicle upon payment of .50, and for other purposes.
The motion prevailed and SB 200 was taken from the table.
At this time the House suspended the regular order of business and the gavel was turned over to Mr. Gowen of Glynn.
Hon. Ellis Arnall, Governor of Georgia, was recognized and presented the

SATURDAY, MARCH 3, 1945

1141

Speaker, Hon. Roy V. Harris of Richmond with a piece of silver as a token of his personal appreciation and esteem for the Speaker.

On behalf of the House Speaker Harris was presented with a gift as a token of appreciation for his splendid services as Speaker of the House.

On behalf of the House gifts were presented to the following officers as a token of appreciation for their services to the members of the House: Hon. Fred Hand of Mitchell, the spsaker pro-tem, Hon. Adie Durden of Dougherty, floor leader, Hon. P. T. McCutchen, Jr., Clerk, Hon. Marion Toms, doorkeeper and Hon. Hugh Striplin, messenger.

On behalf of the House gifts were presented to the various attaches of the Clerk's and Speaker's offices as tokens of appreciation for their services to the House.

Mr. Griswell of Gwinnett, acting on behalf of the Committee on Game and Fish, presented Hon. Frank McNall of Chatham, the Chairman of said committee, an Elk pin as a token of appreciation for his services to the membership of the Committee on Game and Fish.
The following messages were received from the Senate through Mrs. Nevin, the Secretary thereof.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

HB 174. By Messrs. Rossee of Putnam and Oden of Pierce.
A bill to be entitled an act to amend Title 42, Chapter 42-1, amending Section 42-102, of said Title and Chapter, and for other purposes.

HB 342. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton, and others.
A bill to he entitled an act prohibiting the use of any vehicle or conveyance to transport lottery tickets or other articles used to maintain or carry on a lottery, and for other purposes.

HB 371. By Mr. Arnall of Coweta, and others.
A bill to be entitled an act amending an act entitled an act to make comprehensive provision for an integrated tax administration for Georgia, and for other purposes.

HB 439. By Mr. McCurdy of DeKalb, and others. A bill to be entitled an act to repeal Section 43-302 and substitute a new

1142

JOURNAL OF THE HOUSE,

Code Section 42-302 to provide the quantity and weight of flour, grits, and corn meal which shall be packed in contains for sale, and for other purposes.

HB 514. By Messrs. Greer of Lanier and Smith of Bryan.
A bill to be entitled an act authorizing and directing the Board of Regents of the University System of Georgia to construct and operate a hospital for the indigent sick or near indigent sick in conjunction with the State Medical College, etc., and for other purposes.

HB 588. By Mr. Brumby of Cobb, and others.
A bill to be entitled an act providing that t~achers in the University System of Georgia who receive or hereafter receive retirement allowances from or through regents of the University System of Georgia when retired shall not be disqualified from being members or beneficiaries of the retirement system, and for other purposes.

HB 101. By Mr. Kendrick of Fulton, and others.
A bill to be entitled an act to authorize the commissioner of labor to promulgate rules for the prevention of accidents, occupational diseases, and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate recedes from its pos1t10n and agrees to the House amendment to the following bill of the Senate, to wit:

SB 75. By Senator Gross of the 31st, and others.
A bill to be entitled an act providing protection to farmers in the purchase of planting seed, and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate, to wit:

SB 74. By Senator Gross of the 31st, and others.
A bill to be entitled an act to amend the Georgia Code of 1933 with reference to foods and drugs, and for other purposes.

SATURDAY, MARCH 3, 1945.

1143

The Senate has agreed to the House substitute to the following resolution of the Senate, to wit:

SR 49. By Senator Gross of the 31st, and others. A resolution continuing the work of the Enrolling and Engrossing Committees for a period of two weeks, and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendments to the following bills of the Senate, to-wit:

SB 118. By Senators Gross of the 31st, Causey of the 46th, and Minchew of the Fifth.
A bill to be entitled an act to amend Section 24-2823 of the 1933 Code of Georgia relating to fees the sheriffs are entitled to charge and collect for official duties performed by them, and for other purposes.

SB 144. By Senators Harrell of the 7th and Causey of the 46th.
A bill to be entitled an act to describe, define, and officially adopt a system of coordinates for designating and stating the positions of points on the surface of the earth within the State of Georgi~, and for other purposes.

SB 201. By Senator Millican of the 52nd.
A bill to be entitled an act to amend the act approved August 13, 1924 entitled an act to provide that cities having a population of more than 150,000 by the United States Census of 1920, shall furnish aid, relief, and pensions to members of paid fire departments, and for other purposes.

SR 23. By Senator Millican of the 52nd.
A resolution giving the consent of the State of Georgia, subject to the approval of plans and specifications by the Governor, to the City of Atlanta to build and construct, over- the property known as the Western & Atlantic Railroad property in the City of Atlanta, ways, streets, roads, bridges or viaducts and plazas, and for other purposes.
The Senate has agreed to the House substitute to the following bills of the Senate, to-wit:
SB 165. By Senator Millican of the 52nd.

1144

.JOURNAL OF THE HOUSE,

A bill to be entitled an act amending an act approved August 20, 1927, entitled an act to provide that cities having a certain population shall furnish pensions to all officers and employees of such cities, and for other purposes.
The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill and resolutions of the Senate and House, to wit:

SR 55. By Senator Caldwell of the 37th.
A resolution appointing a committee from the General Assembly to make a careful study of the bills in connection with the distribution of highway funds and for other purposes.

HR 120. By Mr. Willis of Irwin.
A resolution proposing to qualified voters of Georgia an amendment to Paragraph 7, Section 2, of Article 7 of the Constitution of Georgia, and for other purposes.

HR 112. By Messrs. Alexander, Connerat, and MeN all of Chatham.
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Secti6n IV, Paragraph I, of the Constitution, and for other purposes.

HR 82. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton.
A resolution proposing to the qualified voters of the State an amendment to Article 7, Section 7, Paragraph 1 of the Constitution, and for other purposes.

HB 81. By Messrs. Hicks, Littlejohn and Baker of Floyd.
A bill to be entitled an act to amend Article 2, Section I of the Constitution by providing that the Commissioners of Roads and Revenues of Floyd county may establish water and sewerage systems, and for other purposes.
The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker: The Senate has passed, by ~ubstitute, by the requisite constitutional majority
the following resolution of the House, to wit:

SATURDAY, lVIARCH 3, 1945

1145

HR 52. By Mr. Etheridge of Fulton and others.
A resolution to amend the Constitution of Georgia so as to provide the commissioners of Fulton county may collect and levy certain taxes, and for other purposes.
The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the House, to wit:

HR 107. By Mr. Maund of Talbot.
A resolution requesting the Governor, the State School Superintendent and the State Board of Education to suspend the rigid enforcement of grammar schools until more normal conditions return, and for other purposes.

HR 72. By Mr. Morrison of Montgomery.
A resolution authorizing the State Librarian to furnish to the Ordinary of Montgomery county, without cost to said county, certain enumerated volumes of the Georgia Supreme Court and Court of Appeals, and for other purposes.

HR 27. By Messrs. Smith of Bryan, Watford of Long, and others:
A resolution requesting the Government to permit former owners to repurchase Camp Stewart land site, and for other purposes.

HR 127. By Messrs. Phillips of Columbia, Ray of Warren, and others.
A resolution to express the appreciation of the General Assembly to the members of the delegation from the county of Richmond for their hospitality and convey to them with appropriate formality their expressions of appreciation, and for other purposes.

HR 61. By Messrs. Boynton of Union and Sparks of Towns.
A resolution requesting the Congress of the United States to equalize payments by the T.V.A. in lieu of taxes to Towns and Union counties in the State of Georgia, and for other purposes.

HR 126. By Mr. Harris of Richmond, and others.
A resolution resolving that we urge our Senators and Representatives in Congress of the United States to use their best efforts to secure the early enactment of the McCarran-Sumners bill, and for other purposes.

1146

JOURNAL OF THE HOUSE,

HR 34. By Mr. Young of Muscogee, and others.
A resolution commending the Governor and members of the Agricultural and Industrial Development Board, and for other purposes.

HR 85. By Mr. Kendrick of Fulton, and others.
A resolution commending William Anderson Alexander for his accomplishments in behalf of the young men of this State, and for other purposes.

HR 86. By Mrs. Mankin of Fulton.
A resolution commending our Jewish fellow citizens for memorializing the name of this State on the soil of Palestine, and for other purposes.

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

HR 105. By Messrs. Cheshire and Riddlespurger of Colquitt.
A resolution proposing that certain described property which was conveyed to the State of Georgia by Colquitt county now be re-conveyed by the State of Georgia to Colquitt county, and for other purposes.

HR 93. By Messrs. Durden and Sapp of Dougherty.
A resolution authorizing and directing the Governor to execute a deed conveying a portion of certain property deeded to the State of Georgia on May 12, 1937, back to the City of Albany, in event a resolution is passed by the governing authorities of the City of Albany stating that a portion of said land is needed for hospital purposes.

HR 121. By Messrs. Fowler of Douglas and Matthews of Paulding.
A resolution requesting the Georgia delegates in Congress to support a bill by Senator George, and for other purposes.

HR 116. By Mr. Hand of Mitchell.
A resolution to relieve F. B. West as surety on the bond of Henry West and to authorize the Clerk of Superior Court of Worth county, Georgia, to cancel the executive order issued as a result of the forfeiture of the bond.

HR 73. By Mr. Claxton of Camden.

SATURDAY, MARCH 3, 1945

1147

A resolution authorizing and directing the Governor to convey one acre, more or less, of land to Camden county, and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bills and resolutions of the House, to wit:

HR 117. By Mr. Gilbert of Glynn, and others.
A resolution directing the Public Service Commission to negotiate with the Army Engineers for plans for relocation of the right of way of the Western & Atlantic Railroad at the site of the Allatoona Dam Project in Bartow county, and for other purposes.

HR 119. By Mr. Culpepper of Fayette.
A resolution providing for John J. Davis to file a claim with the Board of Workmen's Compensation as entitled by law, and for other purposes.

HB 603. By Messrs. Harris, King and Holley of Richmond.
A bill to be entitled an act providing for appointment of stenographic reporters of city courts, to define their duties, fix their compensation, and for other purposes.

HB 610. By Mr. Lewis of Hancock.
A bill to be entitled an act authorizing and directing the Commissioners of Roads and Revenues, and/or proper officers of all counties, to pay to the sheriffs of such counties a sum not exceeding one hundred ($100.00) dollars, and for other purposes.

HR 114. By Messrs. Harris of Richmond, Durden of Dougherty, and others.
A resolution directing the Governor contract for and in behalf of the State for special rates governing the publication of the amendment revising the Constitution of 1877, and for other purpos~s.

HR 113. By Mr. Harris of Richmond, and others.
A resolution that the State Administration be and it is hereby committed to promoting and making possible a more expanded, more serviceable and more intensive health program in this State, etc., and for other purposes.
HB 609. By Mr. Key of Jasper.

1148

JOURNAL OF THE HOUSE,

A bill to he entitled an act authorizing the salary for the sheriff of Jasper county in addition to fees, and for other purposes.

HB 593. By Mr. Mitchell of Monroe.
A bill to be entitled an act to amend the laws creating the Office of Tax Commissioner for Monroe county so as to fix a salary for the Tax Commissioner, and for other purposes.

HB 611. By Mr. Pennington of Wilkinson.
A bill to be entitled an act to amend the Charter for the Town of Toomsboro by providing for a tax levy of 10 mills, and to fix the date of the election for mayor and council, and for other purposes.
The following message was received from the Senate through Mrs. Nevin, the Secretary the(eof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:

HR 8. By Mr. Alexander of Chatham.
A resolution to direct payment of a judgment obtained by A. S. Roach against the State Board of Barber and Hairdresser Examiners, and for other purposes.

HB 18. By Mr. Alexander of Chatham.
A bill to be entitled an act to reimburse T. W. Erickson for damages caused by a State Highway Patrol car, and for other purposes.

HR 96. By Mr. Etheridge of Butts.
A resolution to authorize the State Librarian to furnish the Clerk of the Superior Court of Butts county certain copies of reports of the Supreme Court and Court of Appeals, and for other purposes.

HR 65. By Mr. Kelly of Wal~r, and others.
A resolution directing the Joint Secretary, State Examining Boards to pay B. R. Swanson $490.00 as balance on salary from funds of the State Board of Barber and Hairdresser Examiners, and for other purposes.

HB 546. By Mr. McCracken of Jefferson.
A bill to be entitled an act to extend the city limits of the Town of Wadley, and for other purposes.

SATURDAY, MARCH 3, 1945

1149

HB 612. By Messrs. Harris, Holley and King of Richmond.
A bill to be entitled an act to authorize the Board of Commissioners of Roads and Revenues of Richmond county to levy occupation taxes and license fees in the county outside of incorporated cities, and for other purposes.

HB 515. By Messrs. McNall and Alexander of Chatham. A bill to be entitled an act to authorize ~lectric stre&t railroad companies to be sold by companies generating electric power without impairing their right to continue generating power, and for other -purposes.
The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

HB 298. By Messrs. Weaver and Bloodworth of Bibb and Ennis of Baldwin, and others.
A bill to be entitled an act providing for the release or relinquishment of powers of appointment, general or special, whether exercisable by deed, will or otherwise, whether reserved by the holder of such power, are conferred upon such holder by another, and for other purposes.

HB 297. By Messrs. Weaver and Bloodworth of Bibb.
A bill to be entitled an act amending Section 92-2510 of the Code of Georgit, entitled "Insurance Premiums: Reduction of tax," etc., and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate, to wit:

SB 150. By Senator Harrell of the 7th, and others.
A bill to be entitled an act as the Motor Vehicle-Safety Responsibility Act, and for other purposes.
The Senate has agreed to the House amendment to the following bill of the Senate, to wit:

1150

JOURNAL OF THE HOUSE,

SB 129. By Senator Gross of the 31st, and others.
A bill to be entitled an act to regulate the operation of road houses, cabin camps, etc., and for other purposes.
Under the regular 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 129. By Senators 'Gross of the 31st, Stone of the 15th, Causey of the 46th, Harrell of the 7th, and ~ranch of the 47th.
A bill to be entitled an act to regulate the operation of road houses, cabin camps, tourist camps and public dance halls, and for other purposes.
The following amendment was read and adopted:
Mr. Matthews of Peach moved to amend SB 129 by adding another section, directly after Section 17, and to be known as Section 17a, to read as follows:
Section 17a. Upon application of any officer or citizen of the county wherein such establishment is located, the Superior Courts of the State of Georgia are hereby authorized to enjoin any licensee hereunder from further operating such business upon proof that licensee has violated the provisions of this act, or upon proof that the licensee has forfeited his license; and said Superior Courts, and the judges thereof, shall likewise have authority to and shall enjoin, at the instance of any taxpayer or citizen, any person, firm, or corporation from further operating such business without first securing the license herein provided for.
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 2.
The bill having received the requisite constitutional majority, was passed as amended.

SB 150. By Senators Harrell of the 7th, Branch of the 47th and Causey of the 46th.
A bill to be entitled an act to be known as Motor Vehicle-Safety Responsibility Act; to make operators of motor vehicles to make a report of all accidents, and for other purposes.
The following substitute was read and adopted: Committee Substitute for SB 150
A bill to be entitled "Motor Vehicle Safety Responsibility Act"; to empower the Director of Public Safety to cancel driver's licenses under certain conditions; to provide for reinstatement of such licenses upon proper showing; to provide for appeals; to provide penalties for violations of this act; to repeal conflicting laws; and for other purposes.

SATURDAY, MARCH 3, 1945

1151

Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
Section 1. This act shall be known as the "Motor Vehicle Safety Responsibility Act."
Section 2. The Director of Public Safety is hereby authorized to cancel or suspend th6 driver's license of any personw ho fails to pay a final judgment rendered by a court of competent jurisdiction of this State within 30 days after the judgment has become final where such judgment is based upon any cause of action arising out of the operation of a motor vehicle upon the highways or streets of this State.
Section 3. It is hereby made the duty of the Clerk of the Court in which the case is filed, or if no clerk the judge of said court, to notify the Director of Public Safety in writing within 10 daysa fter the expiration of 30 days from the date on which a judgment of such court has become final, where said judgment remains unsatisfied.
Section 4. The Director of Public Safety shall suspend the driver's license of any person who shall not satisfy such final judgment within 30 days, and said license shall .remain suspended until one of the following conditions IS complied with by said person:
(a) Securing a policy of liability insurance from a corporation authorized to transact business int his State which will protect in the future persons from injury occasioned by the negligence of the insured in an amount of $5,000.00, or two persons in an amount of $10,000.00, provided each individual recovery shall be limited to $5,000.00; and for property damages in an amount of $1 ,000.00. The insurance company issuing the policy is required to adopt all the provisions of this act as a part of the policy and must agree to promptly pay any and all final judgments in the above amounts which may be rendered against the insured for accidents, injuries, or damages occurring on the highways or streets of this State by virtue of a motor vehicle operated by the insured. All insurance companies issuing policies under this act shall be subject fo the jurisdiction of the Insurance Commissioner and the Attorney General.
(b) Satisfaction of said judgment rendered against him.
(c) Entering into an agreement with the injured party in wntmg, where said injured party expressly releases him from compliance with the terms of this act; provided however, that where said injured party is represented by an attorney, said attorney must also sign th~ release.
Section 5. When the Director of Public Safety shall receive the notice provided for in Section 3 of this act, he shall immediately suspend the driver's license of the person named therein, and shall immediately demand that such person deliver his driver's license to the Director of Public Safety.
Section 6. Any person who fails or refuses to deliver his driver's license to the Director of Public Safety when demanded under the terms of this act, shall be punished as for a misdemeanor.

1152

JOURNAL OF THE HOUSE,

Section 7. Any person who has been deprived of his driver's license under the terms of this act within 7 years from the .date on which application is made for a driver's license, must comply with this act before such license can be issued and the Director of Public Safety is authorized to require applicants for driver's licenses to answer such questions under oath he may deem necessary in order to satisfy himself that this act has been complied with before issuing such licenses.
Section 8. Before any policy of insurance shall be issued hereunder, the 'form of said policy shall be presented to the Attorney General and approved by him.
Section 9. All acts of the Director of Public Safety in administering this act shall be subject to review by the Superior Court in the county of the residence of the complaining party in a proper proceeding.
Section 10. All laws and parts of laws in conflict with this act are hereby repealed.
Mr. Weaver of Bibb moved the previous question on SB 150 and substitute, the motion prevailed and the previous 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, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority, was passed by substitute.

SB 177. By Senators Deal of the 49th and Branch of the 47th.
A bill to be entitled an act to authorize patrolmen or other employees of the Department of P'ublic Safety, and employees authorized by the Commissioner of Revenue to seize, confiscate, and destroy slot machines, and for other purposes.
By unanimous consent SB 177 was stricken from the calendar.

SB 107. By Senator Wellborn of the 40th.
A bill to be entitled an act to provide a method of showing a person has been restored to sanity after being committed to the State Hospital for the Insane, and for other purposes.
By unanimous consent SB 107 was stricken from the calendar.

SB 40. By Senator Millican of the 52nd.
A bil to be entitled an act to amend Paragraph 4 of Section 97-303 of the Code of 1933, defining Class "B" securities by inserting the word "to" between the words "or" and "any corporation" in the fifth line of said paragraph, and for other purposes.

SATURDAY, MARCH 3, 1945

1153

By unanimous consent SB 40 was stricken from the calendar. The following resolution of the House was read and adopted:

HR 142. By Mr. Littlejohn of Floyd.
Be it resolved that the Chairman of the Committee of the School for the Deaf of the House of Representatives be authorized and empowered to visit the Deaf School at Cave Springs, Georgia, during the adjournment of the General Assembly to make an inspection of the Institution by all members of the Committee who desire to go and that said visit shall not exceed two days, and that all members of such Committee who visit said institution during said two days shall receive the per diem and traveling expenses as provided by law when on the business of the Committee for said two days' visit when called by the Chairman.

The following committee report was read and ordered filed:

Honorable Roy V. Harris, Speaker of the House of Representatives, Atlanta, Georgia.

February 13, 1945

Dear Sir:
On February 7th, 1945, the House Committee on the Academy for the Blind proceeded to Macon and made an inspection of the White School located on Vineville Avenue and the Negro School located on Madison Street.
While the Committee has nothing but praise for Superintendent John Herndon, it feels that it should call the attention of his House and of the Board of Ed'ucation to many deficiencies that exist which ought to be remedied. In making this report the Committee feels that it should impress upon you and all concerned that it is made in a spirit of constructive criticism.
The needs of the two schools will be discussed separately.

THE WHITE SCHOOL
The White School is housed in a commodious building fronting on Vineville Avenue. It may be seen by anyone leaving Macon and going towards Atlanta. It presents a very nice appearance. The building was renovated with Federal assistance during the administration of Governor Rivers about four years ago, and on the whole it is in satisfactory condition.
The toilet and bathing facilities are very unsatisfactory. On the boys' side of the building there are only four showers and two toilets for the use of sixty-five persons. These are located on the second floor. The floors of the bathroom are not waterproof and are covered with linoleum only. The boys, not being able to see, drop trash, soap or towels in the facilities causing them to overflow and damage the plastering on the floor below.

1154

JOURNAL OF THE HOUSE,

There are about ninety-four beds in this building for the use of the pupils. Eighty-one of these beds are of the old hammock type and have been in use for about forty years. The slightest weight causes the springs to sag in the middle, both from the ends and from the side. They must provide uncomfortable sleeping to say the least.
There is an insufficient suply of old rickety lockers for the children's clothes, if they can be dignified by the name of lockers. There are no locks upon them and for the most part the doors will not even close. Even so, there are not enough of them to supply more than about twenty per cent of the children. Most of the children keep their clothes, both soiled and clean, in their suit cases which in turn are kept under their antiquated and uncomfortable beds.
In the rear of the Academy is a very attractive brick building which was originally built for an infirmary, but has never been used for that purpose as somebody forgot to connect it with the central heating plant of the Academy. As it has no heating facilities it is being used for the storage of canned goods, supplies and junk. It can be connected for a very small outlay and be made available for the purpose for which it was intended. In case of sickness two rooms in the Academy are used. In case of a flu epidemic or the outbreak of a contagious disease these accommodations would be wholly inadequate. The Infirmary building should be made available at all events.
The kitchen and dining room equipment seem to be adequate, though we were informed that it is getting increasingly difficult to replace breakages, due to war conditions. We were also informed that the Board of Education is perfectly willing to supplement the hired help, but that such help is practically unobtainable. For instance the Academy hires nine maids and only four of them came to work the day the Committee came there.
It was pointed out to us that the refrigerator, while of an excellent make, was not sufficient for any other than normal kitchen needs. It is not large enough for reserve storage space. We were informed that the Federal Government last year made some very handsome gifts of surplus commodities. One gift in particular was a large number of eggs. The eggs were stored in the coolest places possible, but a very large number of them spoiled for lack of refrigeration. In many instances proposed gifts of perishable commodities have been rejected of necessity as it would not be right to accept more than could be used without spoilage.
It was pointed out also that the meat situation is very critical. The packing houses alternate on making weekly deliveries and the refrigerator will not hold a week's supply of meat unless the other things needing refrigeration are removed. The same thing is true of milk, except that deliveries are more frequent.
The Superintendent personally slaughtered several cattle. In order to save the meat he carried the surplus to a cold storage plant in the school bus (the institution has no truck). He is firmly convinced that he could save a goodly percentage of the State's food bill if he had a freezer locker unit on the premises. If he had such an installation the Committee is of the opinion that it would pay for itself in a short while. If there were such an installation acceptance could be made of all surplus commodities offered instead of just so much as could be used without spoiling.

SATURDAY, MARCH 3, 1945

1155

As we have pointed out above, the Academy has no means of transporting articles except the school bus which was not designed for any such purpose. When surplus commodities are given the school the bus is used. When corn raised on the premises is taken to the mill the bus or private car of the Superintendent is used. The Committee feels that the Academy needs a pickup or one ton truck for these utility purposes.

The pianos for the use of the pupils are not anything to brag about. They are

practically worn out.

.

The Library is well supplied with books and seems to be in very good shape.

We were advised that the school is operated on an eleven grade basis, but four teachers are needed if the schol is to retain its accredited status. This will make the teacher pupil ratio somewhat high, but it is to be remembered that the work of teachers in an institution of this sort is about twice as hard as that of teachers with normal children.

Incidentally it is to be noted by reference to the Auditor's report that the teachers at the State School for the Deaf are better remunerated than he eachers at this institution. The Committee is at a loss to understand the reason for this, as it would seem to the Committee that the work of teaching the blind would be much more onerous than the work of teaching the deaf. In making this statement the Committee is not intimating that the teachers at this other institution are not entitled to all that they are getting, but is pointing out that the teachers of this institution should have their wage scale revised, and that upwards.

The Committee is gratified to report that the children all present a nice appearance and profess themselves to be happy and contented with their lot. They are unanimous in praise of their diet. We feel that we must compliment Mr. Herndon and his teachers most highly on their solicitude for these unfortunate people and the contribution they have made their present happiness and future welfare.

We were advised that a dentist is retained by the State; that he comes out once a week, or oftener if called. It is found that the most satisfactory arrangement in case of sickness is to call a doctor as needed. We were advised that no physical examination is made of the children, either prior to entry or afterwards. The Committee thinks that such an examination should be made physically and by an eye, ear, nose and throat specialist.

THE NEGRO SCHOOL
The negro building was also remodeled under the Rivers Administration. On the whole the improvements were much more satisfactory than those on the white school. The building is provided with adequate bathing and toilet facilities, and the floors are waterproofed. The floors in the bathrooms are made of tile and these rooms would be a credit to any building.
There are fifty-one pupils and only thirty-one beds: The smaller children have to double up, and as the beds are of the hammock type above mentioned, they spend! the night with one child literally sleeping on top of the other.

1156

JOURNAL OF THE HOUSE,

A small room is set apart and dignified by the name of "auditorium." About half of the pupils can sit in it at one time.
There are two classrooms equipped with old fashioned double desks. When two children are seated in a desk, only one of them can read at a time as the books written in Braille are very much oversized. All of the pupils do not have desk space even with this. A makeshift classroom has been rigged up downstairs and its equipment consists of a table and chairs.
There is no recreation room, nor any space for one. Except for the class rooms and the auditorium there is no place for the children to sit. There are no chairs. If the weather is fair the children play outdoors, and if it is inclement the only thing they can do is to go to their rooms and sit on their beds.
Supplies are delivered from the white school twice a week and no complaint is made about the diet. Generally the dining room and kitchen equipment is sufficient except in respect to the refrigerators. The kitchen is equipped with two four-family electric refrigerators and these barely suffice.
The building, while in good condition, is not large enough.

RECOMMENDATIONS
The Committee calls the attention of the House to the fact that a report was filed by the House Committee in the year 1941 when this institution was under the Department of Public Welfare. This report appears on the House Journal of that year. Many of the deficiencies here pointed out were embodied in that report and have not been remedied to this date.
The House Committee of 1941 recommend that no portion of the funds appropriated to this institution be turned back into the general fund until the recommendations of that Committee had been fulfilled. This Committee makes a similar recommendation.
The Committee recommends as of first importance that a freezer locker unit be installed and that a truck be purchased. With food conditions like they are now and all indications pointing to a shortage, it is mandatory that as large a reserve as possible be accumulated and preserved. As we have pointed out the institution as recipient of surplus commodities alone would benefit more than the cost of these items in a short while.
The Committee recommends that the other items be remedied as soon as possible and that with as little procrastination as possible.
The Committee recommends that the matter of the teachers' pay be investigated, and that a. bonus comparable to that granted the teachers in the common schools be granted to the teachers of this institution. Attention is called to the fact that the Board of Education has unlimited discretion under the act charging it with the operation of this institution to regulate the wages of the teachers.
Respectfully submitted,
A. H. S. Weaver, Secretary

SATURDAY, MARCH 3, 1945

1157

Adopted and Approved: Lewis B. Wilson, Chairman.

Mr. Kent of Glascock 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 135
HB244 HB 286 HB 329 HB 547 HB 602 HB 39 HB 336 HB 337 HB 358 HB 384 HB 435 HB 447 HB 456 HB 459 HB466 HB 467 HB 475 HB 476 HB 483 HB 485 HB 487

1158
HB 498 HB 499 HB 501 HB 503 HB 506 HB 509 HB510 HB 511 HR 38 HR 44 HR 63 HB 89 HB 136 HB 165 HB 217 HB 223 HB 345 HB 400 HB 403 HB 449 HB 482

JOURNAL OF THE HOUSE,
Respectfully submitted, Thos. G. Kent of Glascock, Chairman.

Mr. Kent of Glascock 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 88

SATURDAY, MARCH 3, 1945

1159

HB 195 HB 202 HB 273 HB 399 HB 423 HB 73 HB 79 HB 130 HB 141 HB 142 HB 167 HB 194 HB 205 HB 246 HB290 HB 293 HB 307 HB 326 HB 346 HB 421 HB 424 HB 431 HB 452 HB 454 HB 457 HB 458 HB 502 HB 508 HB 532 HB 70

1160
HB 80 HB 96 HB 115 HB 121 HB 143 HB 144 HB 145 HB 164 HB 198 HB 204 HB 234 HB 266 HB 282

JOURNAL OF THE HOUSE,
Respectfully submitted, Thos. G. Kent of Glascock, Chairman.

, Mr. Kent of Glascock 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 288 HB 297 HB 298 HB 332 HB 370 HB 371 HB 402 HB 434 HB 492

SATURDAY, MARCH 3, 1945

1161

HB 515 HB 518 HB 541 HB 551 HB 18 HB 531 HR 8 HR 65 HR 94 HR 96 HR 117 HR 30 HR113 HR 114 HR 119 HR 58 HR 87 HB 8 HB 22 HB 36 HB 63 HB 68 HB 94" HB 140 HB 187 HB 225 HB 276 HB 305 HB 340 HB 341

1162

JOURNAL OF THE HOUSE,

HB 343 HB 351 HB 408 HB410 HB 443

Respectfully submitted,
Thos. G. Kent of Glascock, Chairman.

Mr. Kent of Glascock 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 451 HB 480 HB 494 HB496 HB 497 HB500 HB 505 HB 526 HB 530 HB 538 HB 559 HB 570 HB 571 HB 579 HB 598 HB 607 HB 608

HB 40 HB 47 HB 51 HB 67 HB 163 HB 169 HB 170 HB 174 HB 279 HB 289 HB 439 HB 455 HB 460 HB 514 HB 525 HB 529 HB 543 HB 553 HR 27 HR 31 HR 34 HR 52 HR 59 HR 61 HR 73 HR 72 HR 83

SATURDAY, MARCH 3, 1945

1163

Respectfully submitted, Thos. G. Kent of Glascock:, Chairman.

1164

JOURNAL OF THE HOUSE,

Mr. Kent of Glascock 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 85 HR 86 HR 93 HR 105 HR 107 HR 121 HR 126 HR 11 HR 82 HR 116 HR 127 HB 281 HB 353 HB 385 HB 512 HB 588 HB 35
HB 77
HB 83 HB 95 HB 191 HB 193 HB 224 HB 280 HB 319.

SATURDAY, MARCH 3, 1945

1165

HB 342 HB 383 HB 409 HB 420 HB 438 HB 453 HB 557 HB 561 HB 562 HB 574 HB 611 HR 56 HR100 HR 106 HR 112 HB 101 HB 125 HB 126 HB 147 HB 150 HB 151 HB 161 HB 162

Respectfully submitted,
Thos. G. Kent of Glascock, Chairman.

Mr. Kent of Glascock county, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker: Your Committee on Enrollment has examined, found properly enrolled and

1166

JOURNAL OF THE HOUSE,

ready for transmission to the Governor the following bills and resolutions of the House, to-wit:
HB 175 HB 212 HB 241 HB 250 HB 252 HB277 HB 278 HB 284 HB 312 HB 314 HB 316 HB 327 HB 357 HB 366 HB 407 HB 517 HB 533 HB 537 HB 540 HB 545 HB 556 HB 563 HB572 HB 587 HB 594 HB 603 HB 609 HB 610

SATURDAY, MARCH 3, 1945

1167

HB 612 HR 24 HR 29 HR 33 HR 46 HR 108 HR 120 HB 81 HB 269 HB 271 HB313 HB 338 HB 339 HB344 HB 397 HB 442

Respectfully submitted, Thos. G. Kent of Glascock, Chairman.

Mr. Kent of Glascock 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 461 HB 527 HB 534 HB 536 HB 542

1168

JOURNAL OF THE HOUSE,

HB 546 HB 548 HB 549 HB 550 HB 554 HB 558 HB 560 HB 564 HB 569 HB 573 HB 581 HB 586 HB 593 HB 597 HR 137

Respectfully submitted,
Thos. G. Kent of Glascock, Chairman.

Under Senate Resolution No. 56, the time for adjourning the General Assembly of Georgia having arrived, the Speaker announced that the House stands adjourned until lO o'clock Monday morning, January 14, 1946.

INDEX
OF THE
HOUSE JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
State of Georgia
OF THE
Regular Session
JANUARY 8-MARCH 3, 1945

INDEX

1171

Alphabetical List
HOUSE JOURNAL
A
Abandonment of mother, to provide for commission of the offense for,
HB 552------------------------------------------------------------------------------------------------------------------685,817 Absence, leaves of, granted..................24, 87, 97, 151, 216, 233, 453, 595, 764, 839, 962 A Capella Choir, to sing for General Assembly, HR 11 L_ _________________721, 881, 890, 895 Accounts receivable, to be stricken from Section 2, Georgia Laws 1937-
1938, HB 377....---------------------------------------------------------------------------------------------------------400 Acts of General Assembly to be filed in Superior Court, SB 14..206, 210, 226, 267, 365 Adamson, Lamar, sympathy expressed to on death of mother, HR 118....................939 Adjournment of General Assembly, SR 56_____________________________________________.1133, 1135, 1168
Adjutant General, to fix duties, bond and commission of, SB 78......850, 934, 969, 1111 Administration of estate unnecessary if heirs obtain order from Ordi-
nary, SB 70------------------------------------------------------------------------------------467, 475, 578, 1105 Adoption of children, to amend laws relating to, HB 428-------------------------------------------456 Adoption of children, to provide method, SB 106-------------------------------------------------467, 476 Age of legal majority, to be fixed at 18 years, HB 120_______________________________________.142, 204
Agricultural Adjustment Agency, urged to aid farmers in planting kudzu, HR 50----------------------------------------------------------------------------------------------------.344
Airport zoning regulations, to enforce, HB 349------------------------------------------------.397, 776 Alabama state docks, to be inspected by members of General Assembly,
HR 28-224a -------------------------------------------------------------------------------------198, 242, 412, 626 Alabama state docks, to be visited by two additional members of House
appointed by speaker, HR 60---------------------------------------------------------------------------------439 Alapaha Judicial Circuit, reporter's salary, HB 16_____________________________.30, 130, 172, 440 Albany, certain property to be deeded back to, HR 93-568a..............734, 777, 978, 1146 Alcoholic beverages, liquors, to legalize and control, HB 617---------------------------------1095 Alexander, Coach William, commended, HR 85..---------------------------------------------665, 1146 Allen, J. P., presented to House.............----------------------------------------------------------------------747 Alma, to create a park and tree commission, SB 174..........................648, 663, 694, 745 Almand, Ed. Jr., presented to House____________________:----------------------------------------------------.187 Alpach, of House of Representatives of Pennsylvania, presented to House..............763 Alto, joint committee to investigate, SR 48....------------------------------------------------------------.1079 Amendment to Constitution, authorize Atlanta to incur bonds for
schools, HB 343....----------------------------------------------------------------------.394, 501, 706, 1082 Amendment to Constitution, authorize Chatham county to levy tax for
school purposes, HR 112-606a.___________________________________________________.883, 929, 1024, 1144
Amendment to Constitution, authorize DeKalb county to levy tax for school purposes, HR 115-608a.-----------------------------------------------------------883, 930
Amendment to Constitution, authorize East Point to build home for American Legion, SR 18.......................................................................... 1032, 1048

1172

INDEX

Amendment to Constitution, authorize Fulton county to incur new debts upon assent of two-thirds of qualified voters, HR 82-535c..............642, 898, 1144
Amendment to Constitution, authorize Fulton county to levy tax for educational purposes, HR 83-535d................................................642, 819, 901, 1136
Amendment to Constitution, Floyd county may establish water and sewage systems, HB 81.................................................. 110, 185, 253, 268, 546, 1144
Amendment to Constitution, Fulton county commissioners may levy ad valorem tax, SR 25........................................................................................ 1033, 1046
Amendment to Constitution, to levy tax on persons doing business in unincorporated areas, HR 52-344a......................................401, 504, 712, 1126, 1145
Amendment to Constitution, to provide Bibb county may levy tax for retirement fund for county employees, HB 553..........................685, 776, 906, 1137
Amendment to Constitution, to provide Brunswick Judiciary Circuit shall pay judge's salary, HB 187..................................................179, 280, 718, 1081
Amendment to Constitution, to provide civil service and pension system for Glynn county, HB 222................................................................................ 196, 927
Amendment to Constitution, to provide Irwin county board of .education to levy tax for school purposes, HR 120-612b.................,........921, 971, 1027, 1144
Amendment to Constitution, to provide payment of pensions to widows of employees of Fulton county, HR 344........................................395, 501, 709, 987
Amendment to Constitution, to provide right of people to reelect or defeat any state official, HR 78-529a............................................c600
Amendment to Constitution, the right of persons to work shall not be decided by labor unions, HR 22-114a...................................................... 126, 282, 826
Americus, to extend corporate limits, HB 581......................................766, 817, 853, 986 Amoskeag, in Dodge county, to incorporate, HB 521..................................599, 654, 696 Appling county, to create board of commissioners of roads and revenues,
HB 189 .............................................................................................. 179,225, 248, 328 Appling county, to pay salary of judge of city court of Baxley, HB
527 ......................................................................................................600, 655, 697, 988 Architects, to establish a state board of examination and registration,
HB 419 ................................................................................................455, 533, 748, 985 Armed forces, award medal of honor to members of Spanish-American
War, World War I, World War II who were citizens of Georgia, HB 491 ..........................................................................................................................564 Armed forces, eligible for retirement without contributing, HB 578................766, 877 Armed forces, members listed as missing or prisoners, to provide for appointment for conservator, HB 591............................................................768, 818 Armed forces members, to be exempt from payment of penalties assessed for failure to return tax, HB 121................................................ 143, 204, 549, 1080 Arnold, Luke, presented to House.................................................................................... 168 Ashworth, M. R., presented to House............................................................................287 Assessment of value and damages, relating to, HB 474..............................526, 577, 800 Athens, to create retirement fund for city employees, HB 445..................459, 503, 535 Atkinson county, to pay sheriff certain sum, SB 102..........................467, 475, 578, 1038 Atkinson county, to pay sheriff salary, HB 276....................................276, 371, 722, 888 Atkinson, Judge David S., presented to House..............................................................l88

INIJEX

1173

Atkinson, Judge and Mrs. David S., extended sympathy on death of son,
HR 63 -------------------------------------------------------------------------------473, 845 Atlanta, to add paragraph to charter for revenues of schools, HB
384 ----------401, 438, 473, 616, 754 Atlanta, to construct viaduct over Western & Atlantic Railroad, SR
23 -------892, 970, 1048, 1143 Atlanta, to establish new charter for, SB 186........................................738, 743, 930, 973 Atlanta, to extend city limits in DeKalb county, HB 456..................495, 575, 622, 847 Atlanta, to provide city employees pensions, SB 165................617, 663, 694, 1039, 1143 Atlanta, to provide for selling land on which American Legion Home
stands to Post No. 1 of American Legion, SB 62........243, 246, 303, 342 Atlanta, to extend city limits, SB 67......................................................242, 246, 303, 439 Atlanta, to furnish pensions to members of fire department, SB
201..........................................................................................934, 936, 1013, 1055, 1143 Atlanta, to provide method of electing building inspector, HB 338..394, 438, 472, 1129 Atlanta Chamber of Commerce, members expressing thanks, HR 13..................86, 107 Atlantic States Marine Fisheries, to create, HR 290........................292, 610, 952, 1134 Attorney General, right to appoint assistant, SB 86..........................505, 537, 655, 1098 Attorney General, shall determine and appoint number of assistant at-
torney generals, HB 220....................................................................................196, 300 Attorneys, to perform services of notary public, HB 110..............................................125 Augusta, to fix minimum salaries and wages of members of police de-
partment, H B 260..............................................................................258, 302, 340, 648
Augusta, to increase contribution of firemen and policemen to pension fund, HB 309......................................................................................295, 437, 470, 649
Augusta, to provide a minimum for salary for members of fire department, HB 264..............................................................................................259, 302, 724
Augusta, to provide for appointment of court reporter, HB 603....881, 928, 1015, 1147 Augusta, to provide a clerk in office of solicitor, HB 549..................684, 741, 905, 1045 Augusta, to provide mayor may succeed himself, HB 263..........................259, 340, 648 Augusta, to provide pension fund for permanent employees, HB
261 ..............................................................................................258, 436, 469, 649, 669 Augusta, fix salary of assistant solicitor, HB 538..............................641, 740, 905, 1080 Augusta, fix salary of judge, clerk, sheriff, deputy clerk and deputy
sheriff, HB 503..................................................................................566, 614, 662, 848 Augusta, to provide salaries for men in fire department, HB 454....495, 575, 622, 847 Augusta, to provide for salary of solicitor general, HB 505..............566, 615, 663, 932 Augusta, to provide police department granted leaves to accept other
positions, HB 349..............................................................................395, 438, 472, 649
Augusta, to provide sheriff and clerk of municipal court shall be appointed by judge, HB 550................................................................684, 741, 782, 986
Augusta, to regulate mayor's salary, HR 259........................................258, 302, 339, 648

1174

INDEX

B

Baggage of passengers, lien of a carrier, HB 63 ................................ 100, 147, 250, 1077

Bail shall be available to all persons held or detained, HB 507..........................600, 816

Bainbridge, to fix salaries of solicitor and judge, HB 13....................29, 114, 132, 189

Baker county, to fix bonds of deputy sheriff, HB 606..................................882, 928, 972

Baker county, to fix bond of sheriff, HB 605................................................882, 928, 972 Baldwin superior court, to provide for four terms, HB 202.............. 181, 241, 553, 846

Banking laws, to change amount bank may invest, HB 555................................685, 741

Banking laws, to provide no bank shall lend more than 30% of its capital, HB 171 .......................................................................................... 160, 332, 761

Banking law, to repeal amendment relating to examiners interview of

directors, H B 142............................................................................ 155, 224, 594, 1072

Banks, board of directors, to provide for filling vacancies occurring

between regular stockholders meetings, HB 395..........................................430, 611

Bank directors, relating to qualification residence and citizenship of, HB 275..........276

Banks county, to increase compensation for county commissioner and clerk, HB 511....................................................................................597, 654, 695, 888

Bank examiners, individual deposit accounts verified, HB 143........156, 224, 594, 1072

Bank examiners, scale of fees paid by banks for examination, HB

144 -------------------------156, 225, 561, 583, 1072 Banks, incorporated by superior court shall not be defined as banks, HB 182..178, 609

Banks, relieved from liability from cashing forged checks,

HB 140.............................................................................................. 155, 224, 872, 1083

Banks, to be unlawful to acquire majority of stock of other banks,

H B 300 -------------------------------------.293, 334

Barnesville, to provide city-wide vote for city council members, HB

.

154 ---------------------------157, 239, 261, 329 Barrow county, superior court to change time for holding, SB 56....286, 307, 503, 668

Barrow county superior court, to provide time for holding four terms,

HB 165 -----------------------159, 239, 552, 779 Bass, Forehand S., to appropriate sum against State Highway Depart-

ment, HB 444............................................................................................458, 739, 1005

Bearer paper, to enlarge the definition of, HB 145............................ 156, 225, 594, 1071

Beck, Roy, to receive sum, HR 76-523b........................................................600, 742, 1034

Beckum, Millard, presented to House.....................................................................:..........67

Beddingfield, clerk of superior court of Dublin, presented to House..........................589

Bell, Larry, presented to House...................................................................................... 149

Ben Hill county, to approve appointment of probation officers, SB

182 ------------933, 968, 1013, 1055, 1069 Ben Hill county, to provide senatorial executive district to make rules

to govern nomination of candidates, SB 209..................................................933, 968 Berrien county tax commissioner to retain fees for fi fias, HB 332....367, 464, 507, 618

Bibb county, to levy license on occupational tax, HB 423................455, 502, 535, 692 Bird, F. M., unveiled Hoke Smith plaque......................................................................287 Birth certificates, for adopted children, HB 12......................................29, 203, 228, 411

INDEX

1175

Birth certificates, publication of notice on application for, H B 61--------------------------------------------------------------------------------l 00, 131, 250, 268, 283, 1003
Birth certificates, to change amount of fee for filing, HB 177___________________________.177, 463 Bleckley county, to increase pay of sheriff, HB 438____________________________457, 502, 717, 891
Bloch, Chas. J ., letter from--------------------------------------------------------------------------------------------1 076 Bloch, Hon. Chas. J., presented to House------------------------------------------------------------------------86 Blue Ridge circuit, solicitor general's salary, HB 54______________________________91, 131, 232, 330 Board of regents, to operate hospital for indigent sick, HB 514....598, 654, 1020, 1142 Board of regents, to pay Hal F. Hentz and estate of Rudolph Adler,
architect fees, HR 80-535A________________________________________________________________________ .____641, 819
Bowers, Hon. Gordon, extending sympathy to family of, HR 38_____________________ _249, 844
Boy Scout Troop No. 59 presented to House------------------------------------------------------------638 Bradbury, Lt. Jarrett______ -------------------------------------------------------- _____ ------------------------------------- .. 119 Branch, Rev. Joe, chaplain, presented to House-----------------------------------------------------------.24 Brittain, Dr. M. L., presented to House..----------------------------------------------------------------------119 Brooks county, to pay monthly sum to any peace officer permanently
disabled in line of duty, HB 540____________________________________________________641, 740, 782, 1047 Brooks county, to pay sheriff salary, HB 27L______________________________275, 371, 724, 890, 980 Brooks county, to vote for county school superintendents, HB 47....90, 161, 191, 1077 Brown, Corporal R. D., and wife to be paid for injuries received, HB
198 ------------------------------------------------------------------------------------------ __________ 180, 332, 824, 1081 Brown, Joe, High School civil class presented to House----------------------------------------------962 Brunswick Judicial Circuit to fix salary of solicitor general, HB
188 ----------------------------------------------------------------------------------------------179, 240, 309, 188, 474 Brunsdick Judicial Circuit, to pay additional salary to judge, HB
273 -----------------------------------------------------------------------------------------------------.276, 302, 556, 846 Brunswick, amend charter of, HB 594-----------------------------------769, 818, 854, 1082, 108~ Brunswick Port Authority, to create, HB 54L__________________________________641, 693, 745, 1068 Brunswick, to provide employees of Brunswick-St.Simons Highway in-
cluded in pension system, HB 221___________________________________________________.196, 241, 262, 327 Brunswick to ratify the closing of certain streets, HB 452________________494, 575, 621, 847 Budget Commission, provide funds to match federal funds for old age
assistance, HR 88-558a______________________________________________________________________________________686, 819
Building Loan Act, to define members and provide voting privileges, HB 434 --------------------------------------------------------------------------------------------457, 502, 980, 1135
Burch, Charles V., to be relieved as surety of Manuel Stafford, HR 67-458c ----------------------------------------------------------------------------------------------------------------496, 616
Button, Hon. Robert, presented to House....--------------------------------------------------------------------68 Butts county, to receive copies of reports of supreme court and court
of appeals from state librarian, HR 96-568d______________________________734, 819, 908, 1148
Bryan, Wright, liberated from prison camp, HR 109------------------------------------------------872 Byrnes, James F., commended for wartime efforts, HR 18-------------------------------------.104
c
Cairo, to provide city manager form of government, HB 78____________ 110, 185, 207, 265 Calhoun, to define and establish territorial limits of, SB 58_______________ _243, 246. 336, 375

1176

INDEX

Calhoun, to extend territorial limits, HB 116................................................126, 239, 261 Calhoun, to levy tax on real and personal property, SB 184..............618, 664, 694, 746 Calhoun county, to fix salary and expenses of commissioner of roads
and revenues, HB 475 ......................................................................526, 577, 624, 848 Calhoun county, to provide salary for sheriff, HB 598....................809, 844, 909, 1081 Calhoun Superior Court, to require deposit in divorce cases,
HB 518..............................................................................................598, 739, 897, 1079 Camden county, authorizing governor to convey certain tract of land
to said county, HR 73-500a....................................................................567, 978, 1142 Camilla city court to provide bond of sheriff, HB 240........................234, 281, 304, 469 Camilla, new charter created, H 87........................................................28, 114, 132, 189 Camp, Judge Earl, presented to House..........................................................................589 Caldwell, Hon. Erskine, presented to House..................................................................919 Campaign expenses, amount limited, SB 37........................................ 154, 164,615, 1138 Campbell, Hon. Pat, presented to House........................................................................904 Camp Stewart Military Reservation to direct return to original owners,
HR 68-458d ....................................................................................496, 616, 872, 1032 Camp Stewart, request federal government to permit former owners to
repurchase, HR 27............................................................................................ 176, 1145 Cancellation of insurance on property offered as collateral, unlawful,
HB 233 ...................................................................................................... 199, 650, 873 Candidates expense filed with comptroller general or superior court,
HB 71 .......................................................................................................................... 109 Candler county, sheriff's compensation, HB 14........................................29, 92, 103, 189 Candler county, to provide compensation for sheriff, HB 602..................887, 942, 1046 Candler county, tax commissioner office created, HB 15........................30, 92, 103, 189 Carmichael, Hon. James V., presented to House........................................................ 149 Carmichael, Hon. James V., thanked for courtesy, HR 141.................................... 1132 Carroll county commissioners to furnish gas, oil and repairs for car
used by sheriff, HB 467....................................................................524, 576, 623, 848 Carroll county, to provide for chairman of commissioners of roads and
revenues, HB 59................................................................................ 100, 131, 150, 190 Carrollton, to provide method of taxing property, HB 466................524, 576, 623, 848 Carrollton, to raise amount of taxes, HB 324..............................................321, 437, 439 Catoosa county, provide clerk of superior court shall attend all trials,
HB 559 ............................................................................................686, 742, 908, 1080 Cedartown, to provide zoning ordinances, HB 168..............................160, 186, 210, 328 Cemetery lots, prohibiting sale for profit, SB 64..................................................290, 307 Certificate of convenience and necessity must be procured by carrier in
operation of new business, HB 185.......................................................................... 178 Chatham county commissioners salary, HB 17........................................30, 92, 104, 189 Chatham county, entertain General Assembly Jan. 23, 1945, SR 11..................1 16, 120 Chatham county thanked for entertainment, HR 32....................................................207 Chattooga county, to abolish board of commissioners and create new
board, HB 446............................................................................................459, 574, 621 Chattooga county, to provide second primary shall be held,
HB 316 ..............................................................................................296, 373, 705, 891

INDEX

1177

Chattahoochee circuit, salary of solicitor general, HB 88....111, 185, 254, 269, 543, 845 Chattahoochee county, to provide pay to board of commissioners of
roads and revenues, HB 49---------------------------------------------------------------91, 115, 134, 190 Cherokee county, change date of holding three terms of superior court,
HB 500 --------------------------------------------------------------------------------------------565, 614, 897, 1082 Cherokee county, to fix salary of clerk of board of county commis-
sioners, HB 20L------------------------------------------------------------------------------.193, 241, 262, 327 Cherokee county, to provide deposit of $10 in divorce cases,
H B 410 ----------------------------------------------------------------------------------------------432, 466, 716, 932 Cherokee county, to provide fiscal authority shall pay costs in misde-
meanor cases, HB 409-------------------------------------------------------------------..432, 501, 716, 891 Chickamauga, to increase school tax, SB 65_______________________________________.242, 246, 336, 375 Chicks, baby, to be tested for pullorum when shipped, HB 584_______________________.767, 817 Choses in action, providing for rights of debtors, HB 436__________________________________457, 612
Civil action party, may call opposite party with privileges of impeach-
ment, HB 225----------------------------------------------------------------------------------.197, 333, 956, 1107 Civil aeronautics board, to grant permission for air transportation be-
tween Atlanta and Brunswick, HR 25__________________________:_________________________________________ 164
Clarke county, to fix salary of board of commissioners, HB 149...... 157, 225, 248, 329 Claxton, C. E., to provide for monthly payment to, HR 70-479a_____________________________.527
Clayton county, provide for assistants and clerks for tax commissioners,
HB 482 ----------------------------------------------------------------------------------------------563, 613, 661, 849 Clinch county, to fix compensation for members of board of commis-
sioners, HB 469--------------------------------------------------------------------------------.525, 577, 623, 848 Clinch county, to provide for filling vacancies in office of solicitor,
HB 470 ----------------------------------------------------------------------------------------------525, 577, 744, 988 Cobb county, fix salary of clerk of commissioners of roads and revenues,
H B 485 ---------------------------.------------------------------------------------------------------.563, 613, 661, 849 Cobb county, fix salary of coroner, HB 286-----------------------------------------278, 372, 722, 932 Cobb county, list tax payers in alphabetical order, HB 135______________ 154, 224, 536, 778
Code of Georgia amended to make it a misdemeanor to empty trash in
public highway, SB 156....--------------------------------------------------------------931, 938, 1054, 1138 Code of Georgia 92-3002 amended, corporation assets, HB 373_______________________________.399
Code of Georgia 92-2510 amended, insurance tax reductions, HB 297..293, 955, 1149
Code of Georgia 34-405 amended, HB 539------------------------------------------------------'----641, 740 Code off Georgia relating to election, SB 148..------------------------------------------------------931, 937 Code of Georgia relating to place of holding mass meetings,
SB 155 --------------------------------------------------------------------------------------------931, 938, 1012, 1113 Code of Georgia 42-9910 requiring eating houses to post signs stating
they serve oleomargarine, HB 535---------------------------------------------------------------------------640 Cogdell, Alton, death of, HR 14--------------------------------------------------------------------------------86, 107 Cogdell, Alton, memorial commission, to create, HR 58-402a........434, 504, 715, 1079 College Park, to extend city limits, HB 548____________________________584, 741, 782, 1116, 1119
Colquitt county, to have certain property reconveyed from state,
HR 106 --------------------------------------------------------------------------------------------809, 844, 979, 1136 Colquitt county, provide deposit for divorce petitions, HB 530........639, 739, 898, 1079

1178

INDEX

Colquitt county, to receive property which was conveyed to state, HR 105, 598b....................................................................................809, 843, 979, 1146
Columbus, authorized to close certain streets, HB 607....................882, 928, 972, 1081 Columbus, authorized levy of tax upon value of property to pay current
expenses, HB 499................................................................................565, 653, 695, 889 Columbus, change date for holding primary elections, HB 494........564; 653, 694, 889 Columbus, change name of board of trustees of public schools to board
of education and provide for superintendent, HB 501................566, 614, 662, 849 Columbus, to provide salary to mayor, HB 526..................................599, 655, 696, 888 Columbus, to provide fire department may enter into agreements with-
in Muscogee county, HB 448..........................................................459, 503, 535, 649 Columbus, to extend city limits, HB 459......................................496, 575, 622, 778, 856 Columbus, public schools to sell property under their control,
HB 449 --------------------------------------------------------459, 574, 621, 847 Columbus municipal court to increase salary of judge, HB 90.......... 111, 147, 161, 330 Comer, charter amended, HB 58..............................................................99, 184, 207, 440 Commissioner of Agricultl)re to assess and collect penalties from manu-
facturers of feed stuff when it is deficient, SB 74......................................1085, 1142 Commissioner of Labor, to promulgate rules for prevention of accidents
and occupational diseases, HB 101...................................... 124, 650, 807, 821, 11-1-2
COMMITTEES-SPECIAL:
Hygiene and sanitation to appoint subcommittee, HR 138................................1116 Penitentiary to appoint subcommittee, HR 132....................................................1095 School for Deaf, to visit Cave Spring School for Deaf, HR 142....................1153 To notify governor regular session has convened, HR 2......................................16 To assist officials of state milk control board, HR 31-226a................................520 To escort clerk to stand.............................................................................................. 16 To escort governor, HR 26...................................................................................... 188 To escort governor, HR 5....................................................................................17, 27 To escort doorkeeper to stand....................................................................................20 To escort messenger to stand......................................................................................24 To escort speaker.......................................................................................................... 14 To escort speaker pro tem.................-.............................................................,........... 19
COMMITTEES-STANDING:
Official lists ..............................................................................................................31-65
COMMITTEE REPORTS-STANDING:
Academy for the Blind................................................................................................31 Amendments to Constitution
No. 1........................................184, 260, 279, 280, 496, 772, 810, 923, 964, 1008 Amendments to Constitution No. 2..........................................................................298 Appropriations ..............................................................................................85, 129, 603 Auditing ........................................................................................................................ 146 Aviation ....................................................................................................771, 814, 1078 Banks and Banking ................................................................218, 323, 602, 737, 1094

INDEX

1179

Conservation ......................................................................................................370, 569 Corporations ................................................................................................................571 Counties and County Matters....92, 101, 113, 128, 146, 181, 219, 220, 236, 283,
368, 460, 498, 570, 603, 642, 687, 737, 812, 813, 843, 884, 923, 966, 1009, 1078 Drainage ......................................................................................................................607 Education No. 1 ......................................................................202, 571, 602, 884, 1009 Education No. 2................................................................................161, 570, 811, 921 Engrossing....20, 107, 120, 134, 150, 165, 188, 212, 222, 263, 282, 296, 335, 403, 404, 436, 500, 528, 571, 607, 608, 690, 773, 775, 815, 885, 887, 926, 981, 1010, 1053 Enrollment....169, 190, 212, 227, 274, 365, 374, 476, 556, 625, 701, 852, 916, 991, 1083, 1156, 1157, 1158, 1159, 1160, 1161, 1163, 1164, 1165, 1167 Game and Fish.................................................. 128, 211, 238, 279,435,462, 924, 967 General Agriculture No. 1..........................................201, 326, 571, 643, 884, 1010 General Agriculture No. 2....................................200, 219, 298, 369, 435, 644, 812 General Judiciary No. 1................ 128, 201, 220, 297, 498, 605, 646, 770, 963,965 General Judiciary No. 2................................199, 221, 237, 325, 568, 606, 646, 812 Historical Research.................................................................................... 145, 369, 497 Hygiene and Sanitation........................221, 299, 459, 605, 647, 772, 923, 1008, 1053 Industrial Relations....................................................................................324, 498, 643 Insurance ............................................................................................................323, 644 Interstate Cooperation................................................................................................499 Journals....82, 88, 99, 108, 122, 140, 153, 176, 193, 217, 234, 256, 275, 289, 320, 366, 393, 429, 454, 493, 523, 562, 596, 639, 683, 732, 765, 808, 840, 881, 920, 963, 1007, 1050, 1094 Legislative and Congressional Reapportionment....................................................236 Military Affairs................................................................................114, 201, %7, 1010 Motor Vehicles ................................................................202, 290, 299, 772, 841, 1053 Municipal Government....112, 183, 237, 296, 298, 325, 370, 434, 439, 499, 528, 568, 645, 688, 736, 770, 771, 811, 812, 841, 885, 921, 925, 1008, 1052. Penitentiary ....................................................................370, 604, 786, 964, 966, 1052 Pensions ..............................................................................................645, 770, 809, 922 Privileges and Elections, HB 334..........................................................367, 603, 1010 Public Highway No. 1 --------------------------~------------------------------------------------------.569, 1052 Public Highway No. 2 -------------------------------------------------------------------------------------------.323 Public Library --------------------------------------------------------------------------------------------736, 813, 964 Public Property..................................................................129, 200, 202, 461, 606, 842 Public Uutilities....................................................-.............................................604, 922 Public Welfare............................................................................................299, 461, 809 Railroads ......................................................................................................................735 Rules-26, 82, 88, 99, 108, 122, 140, 153, 176, 193, 217, 234, 256, 275, 289, 290, 308, 309, 320, 343, 344, 366, 393, 429, 454, 493, 494, 505, 523, 527, 538, 562, 639, 665, 683, 700, 732, 746, 765, 779, 808, 820, 840, 881, 910, 920, 963, 976, 1007, 1014, 1050, 1094, 1106 Special Appropriations..............................................222, 326, 606, 687, 736, 814, 925

1180

INDEX

Special Judiciary.... 129, 145, 182, 238, 297, 462, 497, 567, 605, 737, 814, 842, 924, 965
State of Republic.............. 113, 146, 181,221,236,567,643,735,770,842,926,965 State Sanitorium ..........................................................................................................369 Temperance ........................................................................................................596, 647 University System of Georgia.................................................................. 182, 499, 813 Veterans Affairs ........................................................ 112, 183, 326,461,607, 769, 810 Ways and Means.............. 130, 200, 280, 290, 324, 462, 607, 645, 687, 735, 811, 922 Western & Atlantic Railroad....................................................................................966
Condemnation of property for public roads, HB 471............................................525, 577 Condemnation, real property and value of comparable properties, '
SB 22 ................................................................................................... .285, 306, 336, 558 Confederate Soldiers, to provide for marking graves, HB 207.................... 194, 463, 758 Confederate Soldiers Widows, to increase pension of, HB 190..................................179 Confederate Veterans pensions, widows, sons and daughters, HB 333..............367, 652 Confederate Veterans, provide admission of widows at Confederate
Home, HB 601 ....................................................................................................841, 928 Congress memorialized to enact bills relative to federal aid to education,
HR 87 ----------------------------------------------------------------------------------------------------------------681, 1083 Congress, requested to equalize payments by TVA in lieu of taxes to
Towns and Union counties, HR 61................................................................473, 1145 Constable fees of militia districts of state, HB 139......................................155, 239, 593 Constitution, NEW REVISED, HR ll-19c.-85, 302, 343, 345-365, 376-392, 412-
428, 441-453, 477-492, 778-790, 806, 828, 861, 879, 942, 972 Contract marriage, to make legal during war, HB 87........................................111, 650 Contract with U._ S. by state, county, etc., for purchase or lease of equipment or supplies, HB 277................................................................276, 463, 595 Coroners to receive fee for investigating death caused by motor vehicles,
HB 455 ----------------------------------------------------------------------------------495, 776, 957, 1133, 1138 Corporation, if municipality, shall acquire fee simple title to property
condemned, SB 90..............................................................................403, 408, 503, 668 Corporation act, to apply to any corporation incorporated under act
authorizing superior courts to grant charters, HB 402....431, 574, 790, 1109, 1139 County boards of education may provide pupil transportation, HB 354............396, 610 County board of education, shall elect members above number of militia
district when having less than five districts, HB 493....................................564, 613 County court, fix salary of deputy clerk, HB 570........................................733, 777, 820 County lines, method of changing, SB 119......................................................504, 514, 579 County officers may be sued only in county of residence, HB 117.............. 142, 204, 539 Court of Appeals, judges may administer oath to General Assembly,
HB 106................................................................................................125, 186, 255, 411 Court of Appeals, membership increased, HB 22..........................83, 239, 269, 559,1077 Court of Appeals, shorthand writers, to provide new section, HB 590....................768 Court may relieve prochein ami from making bond whenever recovery
does not exceed $500.00, HB 138....................................................................155, 205

INDEX

1181

Coweta Judicial Circuit, salary of official court reporter, HB 74.... 109, 147, 252, 330 Crawfordville, granted corporate authority, SB 103............................440, 475, 578, 624 Culpepper, Hon., presented with gift................................................................................976 Cuthbert, mayor and aldermen shall succeed themselves, HB 29........84, 115, 133, 189 Cuthbert, to provide zoning ordinances, HB 153................................ 157, 186, 209, 329

D
Dalton, to provide civil service commission for city employees, HB 157........................................................................................158, 186, 209, 329, 439
Danielsville, to abolish the city court, HB 268......................................260, 302, 340, 532 Danielsville, to abolish city court, HB 245......................................................................256 Darien, conferring right to close certain streets, SB 113....................504, 514, 534, 583 Darien, city court, to abolish, SB 76......................................................286, 307, 466, 510 Davenport, Hon. Henry S., presented to House..............................................................97 Davis, John J ., to file claim with state board of workmen's compensa-
tion, HR 119-612b..........................................................................921, 969, 1014, 1147 Dawson, Dr. Howard, presented to House....................................................................638 Dawson county, to provide salary for sheriff, HB 314................295, 373, 704, 891, 453 Dean, Hon. Ben and Mrs. presented to House............................................................453 Death of person, received by war officials evidence in court,
HB 278 ..............................................................................................276, 333, 637, 1110 Deca'tur, to fix date for election for board of tax assessors,
HB 109................................................................................................ 125, 186, 208, 265
Decatur, to provide for assessment of sanitary taxes, HB 457............495, 575, 622, 848
DeKalb county, conorer's salary, HB 136..............................................155, 224, 536, 845 DeKalb county, may levy tax for school purposes, SR 41........................971, 1013, 1099 DeKalb county, to create board of commissioners, HB 53....................91, 103, 118, 141 DeKalb county, to create waterworks advisory board, HB 137........ 155, 224, 247, 329 Dept. of audits and accounts, created, SB 1....................................................116, 119, 149 Dept. of Corrections, not to employ members. of State Prison Board,
HR 30-225b .................................................................................... 198, 373, 723, 1031 Dept. of Corrections, to construct stock gaps on roads traversing state
property, HB 430........................................................................................456, 612, 985 Dept. of Corrections, to pay costs when prisoner is killed within prison,
SB 213 ........................................................................................ 1032, 1033, 1054, 1131 Dept. of Corrections, to transfer 18-year-old prisoners to training
schools, HB 437..................................................................................................457, 970 Dept. of Education, to get money for increased teachers' salaries,
HR 6 ........................................................................................................30, 86, 95, 165 Dept. of Forestry, may charge fee for service to farmers,
HB 387 ......................................................................................................402, 573, 958 Dept. of Foretry, to extend all federal funds available for fire preven-
tion, HB 385................................................................................................402, 573, 947 Dept. of Forestry, director to name fire wardens and crews, HB 386......402, 573, 958 Dept. of Forestry, to purchase airplane, HB 388..................................................402, 574

1182

INDEX

Dept. of Law, to reimburse for expenses incurred in freight rate litigation, HR 95-568a....................................................................................................734
Dept. of Public Safety, age limit of officers and troopers, HB 5,
SB 2................................................................................28, 114, 136, 127, 135, 149, 214 Dept. of Public Safety, to seize and destroy slot machines, SB 177..934, 936, 970, 1152 Dept. of Natural Resources act, amended, H B 385....................................402, 573, 1110 Dept. of State Library, to provide, SB 124................................................851, 935, 1048 Deputy clerk of Court of Appeals salary fixed, HB 8........................28, 184, 228, 1031 Deputy Recorder, to create office of, SB 80........................648, 664, 694, 746, 806, 894 Deputy sheriffs, compensation for attendance upon certain courts and
elections, SB 43... .......................................................................154, 164, 187, 267, 291 Delmar, Hon. Curtis, presented to House......................................................................309 DeVine, Hon. Russell, presented to House......................................................................68 DeFoor of Mcintosh, addressed the House..................................................................439 Discharge and enlistment records, clerk of superior court to be paid
$1.00 for each recording, HB 166..........................................................159, 240, 1022 Divorce cases, deposit of costs changed, SB 69....................................467, 474, 777, 1084 Divorce cases, regulate payment in advance to certain counties,
SB 206............................. -----------------------------------------------------------------934, 936, 1013, 1056 Divorce s"uits, to require deposit upon filing, HB 236............................................218, 301 Divorce cases, to require deposit when filed, HB 232..................................199, 301, 873 Dodge county, to abolish office of commissioner of roads, HB 441............458, 574, 620 Dodge county, to create commissioner of roads and revenues,
SB 55........................---------------------------------------------------------------------------207, 227, 373, 407 Dodge county, to compensate sheriff for loss of turnkey fees,
SB 158......................... ------------------------------------------------------------------------.581, 619, 743, 785 Dodge county, to establish five-man commissioner of roads and revenues,
HB 422 ------------------------------------------------------------------------------------------------------455, 574, 620 Dodge county, to fix salary of tax commissioner, HB 480................527, 578, 624, 1082 Dodge county, to prohibit trapping of wild animals, SB 50................................581, 619 Dodge county, to provide for appointment of probation officer,
HB 415 ----------------------------------------------------------------------------------------------433,466, 510, 617 Dodge county, to provide for appointment of special deputy sherif,
HB 442................................................................................................458, 502, 717, 891 Dogs, inoculated against rabies, HB 70................................................108, 463, 804, 1070 Douglas county, to abolish office of treasurer, HB 334......................367, 464, 507, 618 Driver's license unnecessary for members of armed forces on furlough,
HR 15-33a --------------------------------------------------------------------------------------------85,132,173,287 Dublin, to provide tax levy for school purposes, HB 600............................................840 Druid Hills School, seventh grade presented to House................................................l 19 Durden, Ensign Norma, presented to House..................................................................309
E
Eastman, city court to increase salary of judge, H B 414............................433, 466, 617 East Point, to create new charter, SB 166............................................581, 583, 656, 697 Eastman, to provide no franchise relating to public utility shall be
granted, SB 163. -------------------------------------------------------------------------.531, 582, 656. 6Q7

INDEX

1183

Echols county, districts for election of county commissioners,
HB 112 ----------.125, 148, 163, 265 Echols county, to provide for election and tenure of board of com-
missioners of roads and revenues, HB 113....................................126, 148, 164, 265 Elbert county, to provide additional salary for clerk of board of com-
missioners, SB 190..............................................................................................691, 698 Elbert county, to raise salary of board of commissioners, SB 189......................691, 698 Elbert Superior Court, to provide for salary of deputy clerk,
SB 93 --------------------------.505, 537, 743, 785 Elections, primary, majority vote required, HB 62......................................................100 Electors, may vote in militia district other than that in which he re-
sides, HB 252....................................................................................257, 371, 723, 1068 Elector, to require he state his political party, SB 85............850, 935, 970, 1108, 1114 Electric street railway companies, to be sold without impairing power,
HB 515 -----------------.598, 927, 1034, 1149 Emanuel county, board of commissioners of roads and revenues may
elect own clerk, HB 31 1..................................................................295, 372, 406, 533 Emanuel county, to fix salary of clerk of board of commissioners,
HB 310 -----------------------------.295, 372, 406, 532 Emanuel county, fix salary of tax commissioner, HB 542................642, 740, 782, 1045 Employment of children, to regulate, SB 39........................................329, 376, 503, 1044 Enrichment of flour, bread, etc., to regulate, HB 169.............. 160, 225, 590, 629, 1071 Enrolling and Engrossing Committee to stay over two weeks after
closing of General Assembly, SR 49............................................................1078, 1143 Enumeration of school children, relating to SB 77................................................467, 475 Erickson, T. W., to reimburse for damages, HB 18............................30, 331,701, 1148 Everett, Hon. Ed, presented to House..............................................................................68 Evidence, all actions for condemnation of real property made admis-
sible, HB 262................................................................................................................259 Executors, administrators, trustees and guardians to invest funds held
by them, HB 432........................................................................................................457 Extension on income tax for state employees, HR 123................................................993

F
Farmers, assessment cooperative fire insurance companies to exempt from re-examination, HB 191........................................................179, 332, 757, 1107
Farris, Hon. H. T., presented to House............................................................................67 Federal Farm Loan Bond, remove the limitations as to amount may be
subscribed for by any bank, HB 484................................................................563, 613 Feeding stuffs, to provide registration with Commissioner of Agricul-
ture, HB 199................................................................................,............................... 180 Feed stuffs, to provide Commissioner of Agriculture may assess and
collect penalties, HB 183..........................................................................178, 436, 750 Fertilizer inspectors, providing for appointment and defining duties,
SB 73 ----------------------------.290, 307, 655, 827 Fertilizer inspections, to define legal sample, HB 270........................................275, 302

1184

INDEX

First Presbyterian Church in Milledgeville, to lease land from state,

HR 33-238 ............................................................................218, 242, 874, 1083, 1092

Fish peddlers, shall have license, HB 360......................................................397, 438, 725

Fishing boats, to provide commercial license on, HB 299....................................257, 281

Fishing license for private ponds, HB 24..........................................................................83

Fishing boats, license fees to be abolished, HB 197.............................................. 180, 332

Fishing boats, relating to license fees on, SB 94..................................850, 935, 969, 1085

Fishing, to provide no closed season, HB 52....................................91, 131, 191, 210,217

Fish salesmen exempt from tax when catching fish himself,

HB 370 ..........................................................................................399, 465, 1034, 1107

Fitzgerald, to create airport commission, SB 211................................892, 893, 930, 974

Flour, grits, corn meal, to provide quantity and weight for sale,

HB 439 ............................................................................................458, 653, 978, 1137

Food and Drugs Code amended, SB 74....................................:.....................529, 536, 655

Foreign corporations, may incorporate in Georgia, SB 44..................165, 187, 655, 826

Foreign Corporation, to exempt from incorporation under state laws,

HB 235 ..............................................................................................................218, 533

Foreign corporation, to file charter and do business in Georgia,

HB 51 ......................................................................91, 204, 232, 331, 540, 1073, 1077

Fort Valley, to define duties of water and light commission,

HB 345 ..............................................................................................395, 438, 472, 618

Fulton county, authorize authorities to adopt regulation for preven-

tion of fire, HB 488....................................................................................563, 613, 896

Fulton county, board of commissioners to establish rules for pension,

SB 87 ..................................................................................................403, 407, 467, 511

Fulton county, civil service board amended, SB 8................................242, 142, 151, 341

Fulton county, to call elections on issuing of school bonds, HB 443..458, 502, 718, 889

Fulton county, to create civil service board to provide merit system,

SB 168 ................................................................................................738, 743, 819, 894

Fulton county, to establish park and recreation commission, SB 216..846, 851, 930, 974

Fulton county, to fix fees of coroner, HB 339......................................394, 464, 705, 891

Fulton county, to furnish relief and aid to regular members of police,

SB 169..............................................................................................933, 968, 1013, 1055

Fulton county, to provide civil service system in probation office,

HB 341 ................................................................................................394, 464, 705, 889

Fulton county, to provide may contract with and maintain hospital



authority, HB 424............................................................................455, 574, 895, 1082

Fulton county, to provide pension for members of police department,

SB 202 ............................................................................................933, 968, 1013, 1056

Fulton county, to provide for pension and retirement pay to teachers,

SB 19 .................................................................................................. 154, 164, 226, 249

Fulton county, provide stenographer to be present and report pro-

ceedings before grand jury, HB 579............................................766, 817, 909, 1080

Fulton county, to repeal act for retirement fund for teachers and

employees of Fulton Board of Education, SB 20........................ 154, 164, 226, 267

Fulton county, to repeal civil service system for police, HB 340....394, 887, 942, 1047

INDEX

1185

Fulton county, to supplement judges salary, SB 228..........................932, 937, 970, 1113 Futu~e Farmers Club, Mary Persons Chapter presented to House............................747

G
Gainesville, city to extend city limits, SB 114................................................531, 579, 747 Gainesville, school tax, to increase, HB 179........................................ 177, 225, 248, 328 Gainesville, fix compensation for members of city commission, HB 287....278, 436, 469 Gainesville, to provide zoning and planning, HB 326..........................322, 437, 471, 617 Game and Fish Commission, to appoint a subcommittee, HR 139.......................... 1132 Game and Fish report........................................................................................................751 Game and Fish Commission, to purchase airplane, SB 96................850, 935, 970, 1115 Game and Fish Law, to strike definition of private pond, HB 363............398, 727, 927 Garnishee state, county, city or town officials and employees,
HB 147 --------------------------------------------------------------------------------------------156, 300, 587, 1070 Garrett, L. T., to direct State Highway Dept. to pay to, HR 75 ............600, 742, 1035 George, Senator Walter F., commended, HR 121..............................................992, 1146 Georgia Aeronautics Commission, to create, SB 161............................ 1033, 1047, 1054 Georgia Aeronautics, to create, HB 413........................................................................433 GeMgia Avenue School, sixth grade presented to House..........................................149 Georgia bar, to create, HB 6....................................................................28, 203, 228, 268 Georgia Citizens Council, to create, HB 420....................................455, 533, 960, 1136 Georgia Public Service Commission, may prescribe rates observed by
carriers and utilities, HB 93............................................................................ 123, 609 Georgia Public Service Commission, may provide rules for procedure
of rehearing, HB 95...................................................................... 123, 609, 1001, 1108 Georgia Public Service Commission, to give jurisdiction and powers, HB 308........294 Georgia securities law, defining class B securities, SB 40..........................285, 306, 336 Georgia System of Coordinates adopted, SB 144....................531, 582,656, 1086, 1143 Georgia State Guard, to designate duties and rank of, HB 30....................................84 General appropriation act, amending act by striking figures $4,300,000
and substituting $4,810,846.70, HB 283..........................................................278, 610 General appropriation act, teacher retirement system, HB 1........................................27 Gholston, J. Knox, to address joint session, SR 13....................................207, 226, 336 Gibson, to provide for four members of city council, HB 152........ 157, 239, 261, 440 Gifts, presented to members of House................................................................1140, 1141 Gifts presented to Speaker Harris by City of Augusta....................................................68 Gilbert, John J., extending sympathy on death of son, HR 90....................................706 Glascock county, fix salary of treasurer, SB 53....................................285, 307, 373, 406 Glascock county, to create board of commissioners of roads and rev-
enues, HB 201.................................................................................... 181, 241, 262, 327
Glascock county, to repeal act providing commissioner of roads and revenues, HB 200.............................................................................. 181, 240, 261, 328
Glynn county, abolish office of justice of peace and present city court and establish a new court, HB 529..............................................639, 817, 853, 1047
Glynn county, sale by state properties commission to Sea Island Company, HR 24...................................................................................... 127, 206, 521, 987

1186

INDEX

Gordon county, to fix salary of tax commissioner, HB 435................457, 574, 62Q, 847

Governor's address January 9, 1945................................................................................68

Governor's address January 22, 1945............................................................................ 192

Governor, authorized to appoint two farmers as members of the board

of directors, SB 109..............................................................504, 513, 656, 1069, 1084

Governor, authorized to trade land owned by state for 100 acres ad-

joining park in Dade county, HR 56-401a....................................433, 615, 804, 987

Governor and attorney general commended on freight rates efforts,

,

HR 16 ....................................................................................................................87, 107

Governor, directing contract for special rates for publication of amend-

ments to the Constitution, HR 114-606c....................................883, 929, 977, 1147

Governor, members of the committee of new Constitution, Atlanta

Constitution and Journal thanked, SR 29......................................................691, 754

Governor's message through secretary on January 15, January 22,

January 30, February 8 and March 3.................. 105, 168,408,410,493,698, 1116

Governor, requested to suspend operation of naval stores inspection

fees, HR 129.............................................................................................................. 1038

Governor, requesting to suspend rigid enforcement of attehdance for

accredited grammar schools, HR 107-601a................................841, 929, 1019, 1145

Governor, to address joint session, HR 5, HR 26, HR 77............ 17, 27, 176, 625, 626

Governor, to fix compensation of director of state board of social secu-

rity, SB 112......................................................................................460, 538, 578, 1099

Governor, state auditor, and attorney general authorized to take or

damage private property, HB 2, SB 3....................27, 114, 136, 127, 135, 149, 214

Gray, city court, to be abolished, HB 97................................................123, 147, 162, 329

Grady county, to provide for payment for bond of sheriff, HB 557..685, 741, 784, 986

Gray, city to provide for administrative powers of council, SB 120..505, 514, 579, 625

Griffin, to provide increase in taxes and to remove limitation on city

officials salaries, HB 274......................................................................276, 302, 340, 530

Griffin, Spalding County Hospital, authority to invest money,

HB 301 ..............................................................................................293, 372, 470, 617

Ground water conserved by state, HB 365............................................398, 573, 764, 807

Gwinnett county, to provide salary for sheriff, HB 312......................295, 372, 704, 987

Gypsies, camping privileges, HB 516................................................................................598

H
Hancock, Hon. Buck, presented to House......................................................................669 Hancock county, to authorize salary for sheriff, HB 610................882, 929, 975, 1147 Hancock Superior Court, to provide four terms for, HB 35 1....................396, 715, 889 Hand, Fred, elected speaker pro tem................................................................................. 17 Hapeville, civil service system, HB 608................................................882, 928, 973, 1081 Haralson county, fix salary and expenses of commissioner of roads and
revenues, HB 534..................................................................640, 739, 781, 1047, 1097 Harris, Roy V., elected speaker.......................................................................................... 12 Harvey, Rev., of Gordon Street Baptist Church............................................................81 Health program, promote and expand HR 113-606b........................883, 929, 977, 1147

INDEX

1187

Heard, Hon. Bob, presented to House...........................................................................309 Heard county, to create commission of roads and revenues, HB 295......292, 500, 534
Henry, Hon. Bill, presented to House....-----------------------------------------------------------------669 Henry county city court, to abolish, HB 66------------------------------------101, 131, 149, 330 Henry Superior Court, four terms provided, HB 65.......................... 101, 131, 252, 330 Highways funds, careful study to be made of bills with reference to,
SR 55 ----------------------------------------------------------------------------1128, 1144
Hodges, Mrs. Eloise, assistant postmistress, presented to House................................24 Hogansville city, to change form of government, SB 164.................. 581, 583, 656, 697 Hogansville, to provide commission form of government, HB 399....431, SOl, 534, 692
Hogansville High School seniors presented to House.................----------------------------887 Holidays, legal, to declare certain days, SB 6------------------------------128, 135, 149, 215, 291 Holidays, legal, Thanksgiving and Labor Days, HB 105___________________________ .124, 148, 255
Holt, Hon. Hamilton and Mrs., presented to House..--------------------------------453 Homerville, to provide for mayor and aldermen, HB 317..................296, 437, 471, 617 Homestead exemption law, to provide member of family or friend may
acquire same when absent in armed forces, HB 453..................495, 693, 980, 1109
Holley, Hon. R. S., presented to House....... ------------------------------------------67
Homestead exemption law, to file for application in April instead of
May, HB l6L.............-----------------------------------------------------l59, 205, 587, 1070, lll1 Hospital authority, to provide for employees, SB 179........................931, 936, 970, ll13 Hooper, Alexander School, seventh grade presented to House....................................207
Hotels exempt from paying dance hall tax, HB 513...................---------------------597 House, attaches, appointment and compensation, HR 4..............-----------------------16
House officers elected, H R ---------------------------------------------------------16 Housing authorities law, to provide county housing authority shall have
power to sell or rent dwelling, HB 492......................_______________.564, 653, 1035, 1134
Houston county, to change time for holding Superior Court,
H B 217 --------------------------------------------------------------------------196, 300, 553, 779 Hunting fox, legal at any time HB 85------------------------------------------------------------111 Hunting season for marsh hens, HB 4L...------------------------------------------8l, 239, 269, 284

I
Income tax law amended, amortization of premiums paid on bonds subject to Georgia state income tax, HB 382---------------------------------------..401, 927
Income tax law amended, to pay 6% on refunds, HB 37L___________399, 739, 958, ll41 Income and inheritance law, to urge Congress to limit amounts of, HR 5l-332a...367 Income tax, on deceased person, HB 376.....---------------------------------------------------------------400 Income tax, to be computed of persons dying during taxable year,
HB 357 ------------------------------------------------------_397, 465, 693, 937, 1133 Income tax law, to provide commissioner of revenue may require cor-
poration to file returns, HB 528... ----------------------------------------------------------600 Income tax, to provide method of figuring for corporations,
SB 91 -------------------------------------------------------------------504, 513, 819, 1102, 1133 Inherit, murderer of husband or wife shall forfeit the right to, HB 2L __________________83
Insane employee's salary paid to wife, HB 64.-----------------------------------------------------.101, 739

1188



INDEX

Insurance companies, foreign, relating to deposits, HB 172....................160, 650, 1004 Insurance companies, limiting number of board of directors,
HB 151............................................................................................157, 332, 1004, 1110 Insurance companies, payment of premium taxes,
HB 67 ............................................................................101, 331, 549, 586, 1074, 1077 Insurance companies, relative to boards of directors, HB 150........157, 331, 595, 1070 Insurance companies, to loan 66%% of value on property instead of
50%, HB 307................................................................................294,651, 1004,1135 Insurance companies, to pay full amount when property is totally lost, HB 210.... 194 Insurance, fire, may cover explosions and smoke on breakage damage,
HB 83 .............................................................................................. 110, 331,980, 1108 Insurance, to provide for conversion of fraternal benefits into, HB 352..........396, 652 Insurance companies, to require deposit of $25,000, HB 331..............................366, 652 Interest rate on small loan companies licensed by superintendent of
banks, HB 450....................................................................................................494, 613 Interest rate, which may be charged when property is pledged or
pawned, SB 153.......................................................................:........931, 938, 970, 1138 Ireland, Hon. Bill, presented to House.......................................................................... 151 Irwin county, fix salaries of commissioners of roads and revenues and
clerk of board, HB 285....................................................................278, 371, 404, 532 Irwin Superior Court, three terms provided, HB 25............................83, 131, 173, 244

J
Jackson, to provide for hearing by board of tax assessors, HB 614..............1008, 1054 Jackson county, salaries of commissioners of roads and revenues,
HB 92 ................................................................................................ 112, 147, 162, 330 Jamerson, Lamar, to compensate for injuries, HR 47-326b...............................322, 818 Jarrell, Miss Ira, presented to House.............................................................................J68 Jarrett Spring Lot, title vested to board of regents, HR 46-326a.....322, 503, 705, 987 Jasper, authority to open, close, increase, reduce streets, HB 329....366, 437,471, 618 Jasper county, commissioner of roads and revenue meeting date fixed,
HB 98 ................................................................................................ 123, 148, 162, 244 Jasper county, to authorize salary for sheriff, HB 609....................882, 928, 974, 1147 Jeff Davis county, sheriff, salary for, HB 26..........................................83, 102, 118, 140 Jenkins county, fix salary of tax commissioner, HB 569....................733, 776, 820, 1046 Jenkins, Hon. Wm. K., appreciation expressed to, HR 135....................................1117 Jewish fellow citizens honored for memorializing name of Georgia on
soil of Palestine, HR 86..................................................................................681, 1146 Johnson county, ordinary, shall employ certified public accountant,
HB 509 ..............................................................................................597, 653, 695, 889 Johnson, Mrs. ]. W., postmistress, presented to House................................................24 Johnson, Hon. Joe, presented to House..........................................................................597 Joint committee, to inspect state institution at Alto, SR 48......................................1079 Joint session, repealed, motion picture on scientific farming, HR 125............ 1037, 1045 Joint session, to hear governor's address, HR 26.......................................... 176, 188, 192 Joint session, to hear Howard A. Dawson, HR 79..............................................616, 632

INDEX

1189

Joint session, to see motion picture on scientific farming, HR 124................1030, 1037 Jones county, to provide salary for sheriff, HB 313............................295, 373, 704, 893 Jones, Hon. Stanley, presented to House........................................................................168 Judicial circuit, to create for state, SB 12....................................284, 305, 335, 558, 849 Junior colleges added to independent school systems of municipal cor-
porations, HB 416..............................................................................................434, 612 Jurors serving in supreme court entitled to pay of .05 per mile, HB 425..........456, 574 Jury commissioners and clerk, to fix compensation for, HB 180........................ 177, 240 Jury commissioners and clerks, to be paid $5 per day, HB 412..........................433, 501 Justices of peace, setting up new schedule of fees, HB 257................258, 500, 591, 637

K
Kennedy, Hon. Cliff, presented to House..........................................................................97 Kennedy, F. Frederick, presented to House....................................................................67 Killebrew, C. Wesley, presented to House......................................................................67 King, Mr. E. Walter, death of, HR 99..........................................................................800

L
Labor Procurment Division, to go on uninterrupted, HR 36...............:......................249 LaFayette, extending city limits, SB 61................................................243, 246, 336, 375 LaGrange, city court to provide clerk shall receive fees and costs as
clerk of Troup county, SB 199................................................................744, 779, 854 Lakeland, to provide method of filling vacancies of mayor and alder-
men, HB 451................................................-......................................494, 575, 621, 932 Lake Park, to authorize governing authorities to close or dispose of
certain property, HB 243..................................................................235, 301, 339, 532 Land script fund, bonds redeemed by state, HB 80............................ 110, 185, 253, 1081 Land registration law, service of petitions and process, HB 11............29, 130, 171, 328 Lanier county, create a three-member board of commissioners of roads
and revenues, HB 318......................................................................321, 373, 406, 533 Lanier, Sidney, nominated to Hall of Fame, HR 44-298a..................296, 371, 557, 844 Lanier, Superior Court, to provide four terms of, HB 205................194, 241, 553, 846 Lanier, Hon. Wilmer, presented to House......................................................................67 Larsen, Hon. W. W., presented to House......................................................................556 Laurens county, to license coin-operated machines, HB 53 1............640, 693, 898, 1136 Lee county, to provide for five members of board of commissioners,
HB 400 .............................................................................................431, 465, 509, 692 Lee, Hon. Bob, presented to House..................................................................................589 Letter from State Auditor Thrasher..............................................................................988 License tags, may be transferred from destroyed vehicle to other vehicle,
SB 200 ..................................................................................934, 936, 1054, 1137, 1140 Lien to involuntary gratuitous on named depositaries on property held,
to provide and express, HB 119........................................................................142, 239 Lincoln county, to provide for compensation for certain officials,
SB 205..................................................................................................744, 799, 854, 890

1190

INDEX

Liquor stores, regulate sale of alcoholic beverages and provide stateowned stores, HB 104................................................................................................ 124
Liquor stores, state-owned, HB 69..........................................................................108, 596 Livestock associations and farmers congratulated on progress in pro-
duction, HR 41 .................................................................................,..........................270 Livestock and swine, provide a method of selling, HB 551............684, 887, 1030, 1135 Livestock and swine, to provide for person to weigh same at markets,
HB 192 ................................................................................................................ 179, 332 Livestock dealers license to be reduced, HB 176..................................................1 77, 332 Livestock experiment station, to be established by governor,
HB 133 ..............................................................................................144, 205, 561, 583 Livestock health board, to create and administer laws exercised by Com-
missioner of Agriculture, HB 401 ............................................................................431 Loans, limited on real estate by banks, HB 141........................................:...155, 224, 594 Long county, to provide five commissioners of roads and revenues,
HB 512 ....................................................................................597, 654, 696, 972, 1006 Lord Electric Company, to pay balance due for electrical equipment,
HR 40-326d ..................:.....................................................................................322, 693 Louisville city court, to provide trial of civil and criminal without jury,
HB 597 ------------------------------------808, 844, 894. 1046 Lowndes county, to abolish board of commissioners of roads and rev-
enues, HB 238....................................................................................218, 241, 263, 328 Lowndes county, to create board of commissioners of roads and rev-
enues, HB 237....................................................................................218, 241, 263, 327 Lovett, Dr. Lowman, presented to House...................................................................... 105 Ludowici, to extend city limits, HB 49.8................................................565, 653, 695, 889 Ludowici, city court, fix salary of judge and solicitor of said court,
HB 497 ..............................................................................................565, 614, 662, 932 Lyons, city court, repeal act which amended an act establishing city
court, HB 487....................................................................................563, 613, 661, 849 Lyons, city court, fix salary of judges and solicitors, HB 490....................564, 613, 662

M
Mackay, Dr. Edward G., presented to House................................................................256 Macon, City of, to create board of tax assessors, HB 447................459, 503, 535, 692 Macon, City of, to establish trust funds for public works and to fix
salary of board to tax appeals, HB 421..........................................455, 502, 534, 692 Macon, City of, to fix mayor's salary, HB 461....................................523, 653, 747, 988 Macon, City of, to provide all elections for city officials shall be held
from 7 to 7, HB 554..........................................................................685, 741, 783, 986 Macon, City of, to provide title to certain tract of land, HB 476....526, 577, 624, 849 Macon county, land reconveyed to, HR 7-16a........................................31, 132, 172, 286 Madison, to fix salary of clerk of commissioners of roads and revenues,
HR 118 .............................................................................................. 142, 186, 208, 265 Madison, to provide four terms of superior court, HB 246................256, 301, 554, 846 Mann, Miss Allie, presented to House............................................................................ 168

INDEX

1191

Marion county, tax commissioner's salary, HB 50................................91, 115, 134, 190 Marion county, to pay sheriff salary, HB 458....................................495, 575, 896, 1082 Marietta School, seventh grade, presented to House....................................................590 Marrow, change to City of Morrow, HB 253 ......................................257, 301, 341, 530 Marrying officials, to fail to require to comply with Section 53-201 to
be a misdemeanor, HB 398................................................................................431, SOl Meacham, Hon. William, presented to House................................................................68 Melton, Wightman F., death of, SR 9, HR 20,....................................119, 127, 138, 142 Merit System, for employees of state, county, city-county Department
of Public Health, HB 229................................................................................198, 301 Merit System, to regulate employment in classified service of Georgia,
HB 575 ................................................................................................................765, 843 Meriwether, to provide clerk of superior court be paid a salary in addi-
tion to fees, HB 269..........................................................................260, 371, 724, 890 Message from Senate, officers elected................................................................................ 19 l\!Ietal clamps, tags, books, plates or grips, to prohibit on sacks for com-
mercial feed, HB 440........................................................................................458, 653 Method of calling election where liquor is legalized, HB 524..........599, 601, 654, 827 Method provided, to restore person to sanity, SB 107........................504, 513, 777, 1152 Metter, City of, salary of mayor and councilmen, HB 75................109, 185, 208, 265 Metter, City Court of, fix salary of judge and solicitor, HB 102......124, 148, 163, 244 Middle Judicial Circuit, to provide salary for court reporter, HB 587..767, 901, 1080 Milk Control Board, to continue work to secure payment of subsidy by
federal government, together with members of committee, HR 31-226a ........................................................................................... 198, 334, 1071, 1118 Milk Control Board, to create, HB 224.............................................. 197, 333, 760, 1072 Miller, Hon. Bill, presented to House............................................................................895 Miller, to abolish city court, HB 404............................................................432, 465, 510 Miller, to abolish present board of commissioners of roads and revenues, HB 406............................................................................................432, 612, 660 Miller, to create office of tax commissioner, HB 405..................................432, 612, 660 Minors may contract for loans, HB 40..................................................89, 115, 137, 1081 Minors, obligations made valid under servicemen's readjustment act, HB 46............90 Mitchell county, to increase bond of sheriff, HB 239..........................234, 281, 304, 468 Mitchell Superior Court, to provide for four terms of, HB 107................................ 125 Mixon, Hon. Oliver, presented to House........................................................................590 Monroe, City of, to establish and maintain municipal freezer locker plant, HB 463..............................................................................:.....524, 576, 622, 848 Monroe county, to fix salary for tax commissioner, HB 593............769, 818, 854, 1148 Montgomery county, to authorize state librarian to furnish the ordinary certain volumes of Georgia reports and Court of Appe.als reports, HR 72-498a ....................................................................................567, 742, 896, 1145 Moore, Bishop Arthur J ., presented to House..............................................................942 Morgan county, salary of clerk of commissioners of roads and revenues, HB 99 ................................................................................................124, 148, 162, 244 Moses, Hon. P. S., presented to House..........................................................................168 Motor buses, to separate white and colored passengers, HB 178................................177

1192

INDEX

:\Iotor fuel tax law, General Assembly to make comprehensive provision for tax administration for state, SB 115..........................581, 582, 930, 1099
Motor fuel tax law, to amend, HB 372..:.......................................................................399 Motor fuel tax law, to provide for in aircraft in Georgia, HB 184.. 178, 463, 977, 1007 Motor vehicles, owned by state or county and used for educational pur-
poses exempt from license fee, HB 108.................................................................... 125 Motor vehicle, safety responsibility act, to enact, SB 150..............971, 1054, 1149, 1150 l\1otor vehicle license, to require payment of property tax before license
is issued, HB 477........................................................................................................526 Motor vehiclr tags and licenses, to be sold by sheriffs, HB 86....................................111 :\Iotor vehicle traffic law, to provide county governing authorities shall
prescribe speed limits, HB 418..................................................................................454 :VIoultrie, City of, to confer extra-territorial jurisdiction, HB 196....180, 240, 337, 530 :\luscogee county, to authorize commissioner of roads and revenues to
adopt zoning ordinances, name building inspectors and require building permits, HB 502........................................................................566, 614, 1047 ~VIuscogee county, to assign identifying numbers to all structures in county, HB 496................................................................................565, 614, 896, 1082 :\1uscogee county, to empower to construct public sewers, HB 556....685, 741, 784, 986 Muscogee county, to increase fees of coroners jurors, HB 407........432, 466, 715, 891 Muscogee county, to increase fees of coroners, HB 408......................432, 501, 716, 891 Muscogee county, to provide a pension fund for employees, HB 562..686, 742, 785, 986 . :\Iusgrove, Hon. Downing, presented to House............................................................168

Me
:VIcCarran-Summers bill, urging early enactment of, HR 126........................ 1037, 1145 McCutchen, P. T., elected clerk........................................................................................ 14 :VIcCutchen, P. T., Jr., and Harry Mqugans, thanks for entertainment,
HR 104 ........................................................................................................................839 McDonald, Hon. Harry, presented to House................................................................669 McDonald, Mr. and Mrs. ]. W., appropriate $5,000 for injuries re-
ceived by infant son, HR 89-562a..........................................................686, 742, 1034 McDonald, Hon. Walter R., presented to House...............,............................................67 McDuffie county, special election of representatives........................................................6 Mcintosh county, to create supplementary salaries for judge and so-
licitor general, SB 104........................................................................................440, 476 Mcintosh county, to create zoning regulations, HB 44........................90, 103, 118, 141 Mcintosh county, to divide into five counties, HB 42..........................90, 102, 117, 140 :VIclntosh county, to hunt marsh hens from November 20 to January
15, HB 348..................................................................................................................395 :\Iclntosh county, to provide for holding of four terms of Mcintosh
superior court, SB 105....................................................................440, 476, 615, 1038 \lclntosh county, repeal laws establishing board of commissioners,
HB 43 --------------------------90, 102, 117, 141 '\TeN all, of Chatham, addressed the House.................................................................... 107

INDEX

1193

N
Narcotic Drug Act, to include insonipecaine, HB 175......................177, 300, 760, 1070 Nashville, City of, to enact zoning and planning laws, SB 42..........243, 245, 302, 341 Naturopathy, Board of, to define and regulate, HB 272..............................................276 Naval stores inspector, to discontinue, SR 50................................................................1078 Naval stores supervising director, to prevent adulteration of spirits of
turpentine and naval stores, HB 208..............................................................194, 371 Nelson, Hon. Buck, presented to House..........................................................................669 Newton, Dr. Louie, presented to House........................................................................ 105 Newton county, to fix salary of treasurer, HB 302..............................293, 372, 405, 617 Nicholson, Mrs. William, death of, HR 110................................................................871 Noah, Director Max, presented to House......................................................................895 Nolo contendere plea, may be entered in criminal cases, HB 479........................527, 816 Norris, Sheriff Lynn, presented to House........................................................................97 Northern Judicial Circuit, to increase salary of solicitor general,
SB 66 ..................................................................................................403, 407, 503, 668 Norwood, City of, relative to election of mayor and councilmen,
HB 158 ..............................................................................................158, 186, 209, 265 Notaries public, age limit, HB 45....................................................................90, 184, 232 Notaries public, to provide for appointment of, SB 122................................................892 Notaries public, to provide persons eighteen years of age may be com-
missioned as, HB 427..................................................................................................456 Notorial acts, shall be legal, valid and binding, HB 280..................277, 651,951, 1104 Notify governor, General Assembly convened, SR 2, HR 2....................................16, 20

0
Oath of electors, to strike all reference to poll tax, HB 68........................................101 Oath of office, representatives-elect.......................................................JO, 11, 65, 87, 176 Oconee, County of, fix a salary for sheriff, HB 258............................258, 282, 305, 469 Oconee Judicial Circuit, to fix salary for court reporter, HB 431....456, 502, 717, 889 Officers salary, shall be remitted to county or municipality,
HB 561 ..........................................................................................686, 817, 1036, 1110 Oil and gas commission, created, protect owners of crude oil or natural
gas, HB 284..................................................................278, 371, 638, 664, 1123, 1137 Oil or gas well income, shall follow the situs of property, HB 389..........................403 Okefenokee Swamp, to build therein wildlife sanctuaries, roads, bridges
by federal government, HB 390......................................................................403, 611 Oleomargarine, prevent practice of fraud in sale and use,
SB 167 ............................................................................................934, 936, 1013, 1115 Oliver, Miss Mae, presented to House..........................................................................749 Optometrist, to prohibit from conducting practice of optometry, HB 522........599, 654 Ordinary, unlawful to prepare and file application in connection with
administrators of state, HB 227...................................................................... 197, 241 Oysters, to provide manner and method of handling and shipping,
HB 250 ............................................................................................257, 282, 750, 1068

1194

INDEX

Oysters, to regulate collection of, HB 247............................................................256, 281 Oyster beds, to regulate sanitation of, SB 97......................................850, 935, 970, 1098 Oyster gatherers, to require permits of, SB 95. --------------------------------850, 935, 969, 1085

p

Page, Hon. W. D., mayor of Augusta, presented to House..........................................67 Pannell, Hon. Allen, presented to House..........................................................................97 Pardon and Parole Board, to require notice on courthouse before grant-
ing pardon, HB 599............................................................................................840, 927 Parking places for public, to be acquired, HB 362, HB 369..............................397, 652 Patterson, Mrs. S. C., presented to House......................................................................638 Patton, Hon. Bob, presented to House........................................................................... -228 Peace officers of state, annuities and benefits, HB 32....................84, 223, 250, 591, 790 Peach county, fix treasurer's salary, HB 31............................................84, 115, 133, 190 Pelham, City of, extend city limits, HB 323..........................................321, 437, 471, 617 Pension system, for employees of State of Georgia, HB 228....................197, 301, 1005 Perry, City of, to extend city limits, HB 304........................................294, 437, 470, 617 Personal property, to restrict seven-year limitation on, HB 212..............195, 763, 1070 Persons operating grist mill added to persons entitled to condemn prop-
erty, HB 520................................................................................................................ 598 Petroleum, oil and gas commission, creating a commission to deal with
state lands, HB 319..............................................................321, 464, 764, 1083, 1089 Pets in hotel rooms, make misdemeanor, SB 197................................................ 1033, 1046 Pickens county, to amend salary of commissioners of roads and rev-
enues, HB 245....................................................................................236, 281, 304, 469 Pickens county, to pay clerk, ordinary and sheriff salary, HB 244....235, 281, 554, 846 Pierce county, salary of clerk of board of commissioners, HB 76...... 109, 147, 161, 244 Pierce county, to pay sheriff salary, HB 194........................................ 180, 225, 552, 845 Pilotage laws, to provide for creation of commission of, HB 288....279, 334, 723, 1071 Plan for development of area, zoning regulations, HB 583........................................767 Planting seeds, to provide for registration of dealers, HB 215..........................195, 572 Planting seed, to regulate sale of to protect farmers,
SB 75 ................................................................581, 619, 655, 1069, 1087, 1098, 1142 Polk county, to provide for clerk of board of commissioners,
HB 411 ..............................................................................................433, 466, 510, 618 Polk county, to provide members of board of commissioners shall be
elected from their respective road districts, HB 403..................431, 465, 510, 618 Polk Superior Court, to provide that divorce applicants shall pay $10,
HB 167 ..............................................................................................160, 240, 552, 845 Poll tax, to be levied and collected for educational purposes, SB 5....223, 244, 282, 309 Poll tax repealed, HB 10....................................................................................29, 203, 228 Poll tax shall not be paid by members of armed forces, HB 9............29, 130, 151, 169 Postwar development of state committee appointed,. HR 28-224a..............................343 Postwar military establishment, Congress memorialized for,
HR 12-32a, SR 5..................................................................85, 97, 119, 136, 206, 266

INDEX

1195

Postwar public works reserve fund, to be established and maintained by municipalities, HB 289....................................................291, 437, 952, 1122, 1137
Powers of appointment, relea~ed or relinquished, HB 298................293, 334, 750, 1149 Powers of attorney, granted by persons in armed forces,
HB 279 ..........................................................................277, 651,879,951, 1107, 1140 President, urged to give consideration to statesmen of Georgia and
South, HB 37..............................................................................................................249 Prisoners, discharged, county to provide clothing and transportation
allowance, HB 433..............................................................................................457, 612 Prisoner transportation, to be paid by county in which convicted, HB 429......456, 612 Probate of wills, if witnesses are absent court may admit the will to
probate, HB 281... ...........................................................................277, 610, 952, 1109 Probation officers, circuit, provided in judicial circuits, HB 255............258, 651, 1017 Property, deemed survivors when registered in name of two persons,
HB 321 ......................................................................................................321, 333, 500 Public eating houses, prohibited in unincorporated areas without au-
thority from county, HB 517..............................................598, 654, 897, 1004, 1133 Public Service Commission, to negotiate with army engineers for right
of way of Western and Atlantic railway at site of Allatoona Dam project, HR 117-611b....................................................................920, 969, 1019, 1147 Pulaski county, to provide salary for sheriff, HB 508......................597, 653, 893, 1047 Putman county, governor shall appoint a commissioner of roads and revenues when offers for re-election and is defeated, HB 103............ 124, 148, 163 Putnam county, to pay salary to deputy clerk of county court, HB 570.................. 1032

Q
Quitman, city court to be abolished, HB 48....................................................................91 Quitman county, abolish county court, HB 547..................................684, 843, 893, 1045 Quitman county, court abolished, HB 11 1....................................................125, 148, 163

R
Rabbits, lawful to hunt, SB 63 ..........:.......................................................................531, 582 Railroad trainmen, to be required to carry hand lanterns, HB 231....................199, 750 Randolph county, create office of tax commissioner, HB 28................84, 102, 117, 141 Randolph county, to redistrict for election of commissioner, HB 27..84, 102, 116, 141 Real estate, owned or acquired by state may be improved, HB 3........27, 114, 136, 286 Reaves, Hon. Ollie F., poet laureate of Georgia, HR 19-91a....l12, 127, 138, 148, 254 Red Oak Public School, seventh grade presented to House........................................ l05 Redevelopment companies law, to create, HB 576........................................................766 Registrable instrument, to provide for construction of the place of
execution, HB 565...............................................................................................733, 776 Report from committee on Alabama state docks..........................................................626 Report from committee on blind.................................................................................... 1153 Report from game and fish committee on quail farm..........................................990, 991 Report from committee on penitentiary..........................................................................786



1196

INDEX

Re.port from committee on state prison farm................................................................632 Report of House and Senate committee on Western and Atlantic Rail-
way and hotel properties................................................................................................958 Representatives elected ......................................................................................................6, 7 Retail business to issue receipt for item when said requested, HB 315......................295 Retirement and pension fund systems, to appoint commissioners to study
other states and report, HR 98-584-a......................................................................768 Retirement system, establishing for teachers, HB 566........................................733, 776 Revised Constitution, copy to be sent to all newspapers, SR 34................................1046 Reviver of charters, provided for, HB 33..............................................84, 131, 191, 1031 Richardson, Mrs. Alonzo, congratulations to, HB 136..............................................1116 Richer, Piver Company, to receive payment due for calcium arsenate.
HR 66-458b ........................................................................................................496, 694 Richmond county, to establish budget system for Board of Education,
HB 337 ..............................................................................................393, 572, 620, 847 Richmond county, to fix salaries and change to a salary basis all officers
who have received fees, HB 506......................................................566, 615, 663, 848 Richmond county, to increase salary of special criminal bailiff,
HB 536 ............................................................................................640, 740, 904, 1047 Richmond county, to increase school taxes, HB 335............................393, 464, 509, 649 Richmond county, to levy occupational taxes, HB 612....................920, 968, 1015, 1149 Richmond county, to provide a pension fund for permanent employees,
HB 265 ..............................................................................................259, 282, 305, 648 Richmond county, to provide pension system for board of health em-
ployees, HB 336..................................................................................393, 572, 619, 847 Richmond delegation, thanked for dinner, HR 127..........................................1037, 1145 Richmond Superior Court, fix salary of court reporter, stenographer
of solicitor general and bailiff, HB 537........................................640, 740, 905, 1047 Richmond Superior Court, to fix salary of stenographer and bailiff to
judge, the bailiff and stenographer to solicitor general, HB 504................566, 614 Ringgold, City of, extend city limits, HB 545........................................683, 740, 782, 986 Roach, A. S., payment directed to, HR 8-19a......................................31, 335, 679, 1148 Road houses, tourist camp, to regulate and control, SB 129....................971, 1012, 1150 Rockdale county, provide for two advisors to county commissioner and
provide for competitive bids, HB 560..........................................686, 742, 784, 1045 Rogers, Quinton, to be relieved as surety on bond of Tom Smith,
HR 57-401b ........................................................................................................433, 615 Roll call, absentees noted............................................................25, 81, 121, 152, 288, 319 Rome, City of, to amend charter, HB 148....................................156, 283, 300, 336, 532 Rome, City of, to provide civil service board may rule for examinations, HB 186....178 Rosenveck, Lt. Col. Robert P., presented to House......................................................l68 Rowe, Hon. Shorty................................................................................................................67 Rules of House for regular session, HR 3........................................................................16



INDEX

1197

s

Sale of marsh land in Glynn county by State Properties Commission to
Sea Island Company, HR 24-114C----------------------------------------------------------127, 206, 521 Sale of perishable property, to provide for an order of ordinary, HB 417______ __454, 502 Sale of property cannot be avoided under tax execution until taxes are
paid, HB 375----------------------------------------------------------------------------------------------------------------400 Sale of wine or beer prohibited within 100 feet of school building,
HB 525 --------------------------------------------------------------------------599, 602, 655, 827, 1110, 1139 Sanford, Chancellor S. V., prese'nted to House------------------------------------------------------------895 Savannah Beach, town of, to provide assessment of real and personal
property, HB 248-----------------------------------------------------------------------------257, 301, 339, 530 Savannah, City of, to create an industrial and domestic water supply
commission, SB 48-----------------------------------------------------------------------------.243, 245, 303, 342 Savannah, City of, incorporating the mayor and aldermen, SB 46....243, 245, 303, 341 Savannah, City of, increasing salaries and compensation of members of
the Board of Aldermen, SB 49------------------------------------------------------.243, 245, 303, 342 Savannah, City of, to provide mayor's pension, SB 45_________________________ _243, 245, 303, 341
Savannah, City of, to provide Savannah Airport Commission,
SB 47 -------------------------------------------------------------------------------------------------.243, 245, 303, 342 Savannah, City of, repeal acts relating to pensions of city employees
with exceptions, SB 110___________________________________________________________________.505, 537, 578, 625
Savannah River, to seine in, HB 325-----------------------------------------------------------------------.322, 437 School attendance, compulsory from seven to sixteen years,
HB 91 --------------------------------------------------------------------------------------.1 12, 204, 254, 269, 561 School attendance compulsory, to provide for, SB 33_____________ _529, 536, 578, 1044, 1069 School for deaf, to enable and maintain classes for, SB 146___________.530, 538, 579, 1072 Schools, to maintain classes for speech corrections and deaf, HB 392______________430, 611 Schools, trade and vocational, to have joint ownership in Atlanta, De-
catur, Fulton and DeKalb counties, HB 586______________________________767, 818, 909, 1046
School, transportation of pupils and employees to be furnished by county
board of education, SB 135------------------------------------------------------------------------------931, 936
Seiple, Hon. J ule, presented to House---------------------------------------------------------------------------.187
Scoggins, Hon. Dick, presented to House-----------------------------------------------------------------------67 Scottdale Elementary School, presented to House__________________________________________________________ l08
Seats, distribution of to members---------------------------------------------------------------------------------------86 Second-hand watches, to regulate the sale of, SB 7___________.141, 150, 186, 216, 227, 291 Secretary of Senate and clerk of House, per diem, SR 49_______________________________________ J096
Secretary of State, shall keep book of commissions, HB 353___________ _396, 533, 724, 1110
Secretary of State, shall keep book of commission issued all officers, HB 393..430, 611 Secretary of State, to furnish ballots to ordinaries, SB 142________________________________933, 937
Seminole county, authorized to fish in Spring Creek without license, HB 213_________.195 Seminole county, to authorize citizens to fish in Spring Creek, SB 80_______________ _286, 308 Seminole county, to provide five district trustees for Spring Creek Con-
solidated School, HB 214.-----------------------------------------------------------------195, 226, 248, 327 Seminole county, to provide five district trustees for Spring Creek Con-
solidated school, SB 8L___________________________________________________________________.286, 308, 374, 407

1198

INDEX

Seminole county, to provide new registration book for voters. HB 218 .............................................................................................. 196, 371, 404, 532
Seminole county, to provide regulation for reregistration, SB 79........286, 308, 373, 407 Senatorial districts, to rearrange, HB 234..........................................217, 241, 701, 1069 Senatorial districts, to redistrict, HR 17-60a................................................l01, 260, 287 Service of process, summons and notices in this state, SB 16............285, 306, 336, 558 Servicemen's Readjustment Act, loans to veterans liberalized and sim-
plified, HR 128-614a ................................................................................................ 1008 Servicemen's Readjustment Act, to simplify, HR 133................................................1097 Servicemen's resettlement corporation, to issue revenue bonds,
HB 73 .................................................... 109, 185, 252, 287, 521, 591, 629, 1031, 1057 Sewell, Hon. Warren, presented to House......................................................................304 Sheppard, Hon. James 0., presented to House.............................................................. 168 Sheriffs, in counties not on a salary basis to draw $100 a month, HB 481................562 Sheriffs, relating to fees entitled to charge, SB 118................505, 538, 656, 1086, 1143 Sheriff's fees, that shall be charged and collected, SB 36.................... 165, 187, 302, 559 Shorthand reporters, to establish efficiency standard, H B 299............................293, 651 Slaton, Hon. J. M., sympathy expressed to, HR 137........................................ 1110, 1118 Smith, Hoke, memorial foundation committee report, HR 42....................270, 284, 287 Smith, Hon. T. Bone, presented to House......................................................................669 Smith, Hon. William R., presented to House................................................................556 Smith, Hon. Turner, presented to House........................................................................309 Smyrna High School, civics class presented to House....................................................304 Smyrna Public High School, fourth grade presented to House..................................985 Social Circle, City of, to increase tax levy for school purposes,
HB 160 .............................................................................................. 158, 186, 209, 265 Southern Bell Telephone and Telegraph, commended, HR 122..................................992 Spalding county, fix salaries of board of commissioners of roads and
revenues, HB 483..............................................................................563, 613, 661, 849 Speaker, clerk and assistants, to stay over for two weeks, HR 13 1........................ 1091 Speaker's secretaries, Mrs. Francis and Mr. Bailey, presented to House....................24 Special elections, provide how shall be called to determine whether sale
of alcoholic beverages shall be permitted or prohibited, HB 322........................321 Springfield, city court, to increase salary of judge, HB 558............685, 742, 784, 1045 Stanley, Vivian L., to be granted an honerarium of $2,400, HR 35-242a_..235, 335, 877 St. Elmo Grammar School, presented to House............................................................747 State administration, to cooperate with council of state government,
HR 59-407a ....................................................................................434, 504, 729, 1107 State Auditor, qualification and experience, election of, HB 4......................................28 State Banking Deepartment, to fix salaries of employees of,
HB 327 ..........................................................................................323, 610, 1036, 1134 State Board of Education, authorized to set up and operate area trade,
HB 36 ................................................................................................89, 204, 231, 1077 State Board of Education, make it unlawful for pupil in public schools
to be a member of secret fraternity, HB 613 ..............................................%3, 1012 State Board of Education, may accept federal funds for adult education,
HB 350 ................................................................................................................395, 610

INDEX

1199

State Board of Education, provide county superintendents shall be certified under act of 1937, shall fix salaries, HB 580....................................766, 1017
State Board of Education, to adopt rules for taking school census, HB 193, SB 77...................................................................... 180, 572, 790, 1049, 1108
State Board of Education, to classify superintendents, HB 596................................808 State Board of Education, to elect director of education on evils of
alcohol, HB 230.......................................................................................................... 198 State Board of Education, to receive federal funds for adult education,
SB 139 .............................................................................................. 531, 582, 930, 1057 State Board of Education, to receive federal funds for construction of
school houses, SB 125......................................................................505, 514, 615, 1057 State Board of Education, to receive federal funds for improvement of
school houses, HB 355..............................................................................396, 572, 800 State Board of Embalming, increase the members, HB 489........................................ 564 State Board of Health, may provide sanitary disposal in unsewered
areas, HB 211 ...................................................................................................... 195, 226 State Board of Health, to adopt rules for practice of midwifery,
HB 122 ........................................................................................................................ 143 State Board of Health, to allocate funds to hospitals, institutions oper-
ated by state or any political subdivision thereof, HB 155.................................. 158 State Board of Health, to pay cost of basic health program in counties, HB 156....158 State Board of Health, to pay monthly allotments for travel in lieu of
mileage, HB 132................................................................................................144, 463 State Board of Pardons and Paroles, to consider applications from mis-
demeanor prisoners, HR 102-596a..................................................................808, 969 State Board of Pharmacy, shall appoint city drug inspector,
HB 174 .......................................................................................... 177, 332, 1005, 1141 State Board of Registration of professional engineers and land sur-
veyors, be rewritten, HB 115........................................................ 126, 223,591, 1136 State Board of Social Security, to purchase land adjacent or near lands
already under control of said board, HB 134........................................ 154, 205, 561 State, counties, municipalities, to contract with United States for pur-
chase or lease of equipment, supplies, HB 277............................276, 463, 595, 1068 State Department of Corrections, report from..............................................................699 State Department of Corrections, to establish and operate commissary
for state employees, HB 426....................................................................456, 612, 983 State Department of Public Welfare, to accept and disburse federal
grant-in-aid funds, SB 51................................................................285, 307, 466, 1104 State Department of Revenue, shall have report of all mortgages,
deeds, from superior court clerks, HB 381..............................................................401 State Department of Veterans Service, to create, SB 84....................467, 475, 615, 1044 State Department of Veteran Service, to provide, HB 226................................ 197, 463 State Division of Conservation, to increase salaries of directors, HB 519................598 State Game and Fish Commission, shall employ and have control of
department, HB 366................................................................................398, 438, 1107 State Game and Fish Commission, to purchase airplane for coastal
patrol, H B 251 .....................................--------------------..............................257, 282

1200

INDEX

State Guard, placing under military department, SB 217..........................934, 937, 1014 State Highway Department, director to have authority to acquire and
operate airports, SB 151 ....................................................................................933, 938 State Highway Department, may condemn property for public roads,
SB 149 ..............................................................................................934, 938, 970, 1114 State Highway Department, method to condemn right of way, SB 145............933, 937 State Highway Department, to condemn rights of way, HB 465..._...........524, 576, 801 State Highway Department, to designate limited access facilities, HB 464......524, 576 State Highway Department, director, to have right to acquire, build,
equip, maintain and operate airports, HB 472....................................525, 577, 801 State Highway directors and treasurer, to amend by providing or add-
ing state-aid roads, HB 468..............................................................................525, 576 State Hospital Authority, to re-create and re-establish, HB 604......................882, 928 State Medical College, shall prefer Georgia citizens in enrollment next
of students, HB 306....................................................................................................294 State Merit Council, remove from office any director who has falsified
her application, SB 28........................................................................285, 306, 466, 667 State Park, on coast of Georgia, HR 100..............................................................801, 988 State Ports Authority, to create, HB 460............................................523, 575, 764, 1079 States reciprocation with Georgia in selling farm and orchard products,
HB 96 .............................................................................................. 123, 204, 254, 1080 State Revenue Commission, be authorized and directed to sell contra-
band articles, SR 33.............:..........................................................845, 851, 931, 1084 State Revenue Commissioner, collect a rental charge of 10% of gross
receipts of motor common carriers operating over highways, HB 495..............565 State Revenue Commission, to sell contraband articles, HR 53-382a........402, 693, 956 State Sanatorium at Alto, providing for committee to investigate,
SR 17 ..................................................................................290, 308, 374, 521, 656, 850 State Sanatorium at Alto, required to admit every person suffering
from tuberculosis who makes application, HR 39-258a........................................260 State Sanatorium at Alto, be reported on by State Board of Health,
HR 21 ........................................................................................................ 120, 139, 166 State Sanatorium at Alto, transfer administration from Health De-
partment to Department of Public Welfare, HR 40-258b..........................260, 373 State Selective Service, to use greater diligence in selection of farm
draftees, HR 134...................................................................................................... 1117 State Treasurer, to fix salary of, HB 462......................................................................524 Stenographic bureau, thanked, HR 140..........................................................................1128 Stewart county, to fix salary of disbursing clerk, HB 293 ..........292, 372, 405, 531, 806 Stewart county, to fix salary of tax commissioner, HB 294................292, 372, 405, 532 Stockbridge, City of, extend corporate limits, HB 532........................640, 693, 745, 888 Stone Mountain Confederate Memorial Authority, to create, HB 592............769, 843 Stone Mountain Judicial Circuit, to provide for distribution of fees of
court reporter, HB 82........................................................................ 110, 147,253,330 Stop signs, at intersections of roads by state highway shall be legal
signs, HB 473......................................................................................................526, 843
Striplin. Hugh, elected messenger.......................................,..............................................22

INDEX

1201

StriCkland, Paul M., to appropriate $2,500 for injuries, HR 108-601b..................................................................................841, 929, 1020, 1136
Summerville, City of, to amend by adding new section to, SB 193....738, 743, 888, 938 Sumter county, to provide all candidates for General Assembly shall
specify encurnbent to oppose, HB 346....................................................395, 610, 660 Sumter county, to provide salary for coroner, HB 544........................683, 740, 905, 939 Sunday moving pictures, authorized to operate, SB 98............529, 537, 777, 1089, 1097 Superior courts, authorized to render declaratory judgments,
SB 13 ........................................................................206, 210, 226, 266, 291, 409, 517 Superior court, to fix time for court in Taylor and Harris counties,
HB 305 ..............................................................................................294, 464, 704, 889 Superior court judges, may have a secretary in cities of more than
30,000, HB 89.................................................................... 111, 186, 254, 269, 542, 845 Superior court judges, must approve sale of realty under power of
sale in deed, mortgage, HB 206...................................................................... 194, 225 Superior court judges, payment of travel expenses, HR 10-1%....85, 132, 172, 213, 468 Superior court judges, to provide for retirement,
HB 35 ........................................88, 203, 229, 581, 752, 778, 1072, 1079, 1104, 1135 Supervisor of purchases, salary of, HB 56............................99, 116, 138, 173, 175, 255 Supreme Court shorthand writers, relating, HB 589....................................................768 Supreme court, justice may adjourn if no quorum present,
HB 79 ......................................................................................110, 204, 253, 268, 1071 Supreme court judges, power to adopt, modify and repeal rules of pro-
cedure, SB 9........................................................................................284, 305, 335, 557 Supreme court justices, to make and adopt rules for bar examinations,
SB 10 ..........................................................................................242, 244, 335, 557, 849 Swainsboro City Court, fix a new schedule of fees for clerk and sheriff,
HB 543 ............................................................................................642, 740, 782, 1080 Swanson, B. R., to receive balance on salary from state examining
boards, HR 65-458a........................................................................496, 615, 802, 1148 Sylvania, City of, create public school system, board of trustees, levy
tax and issuance of bonds, HB 567..........................................................................733 Sylvania, City of, establish public schools, HB 568......................................................733 Sylvania, City of, to create new charter, SB 214..................................846, 851, 888, 939 Sylvania, City of, to establish system of schools, SB 215....................846, 851, 930, 974 Sylvania, City of, to provide mayor and council may set up a pension
fund, SB 100........................................................................................530, 537, 578, 624 System of coordinates, to be adopted by state, HB 356........................................396, 775

T
Taliaferro county, providing for vacancies in board of county cornmissioners, SB 173..............................................................................648, 663, 743, 785
Tallapoosa Judicial Circuit, fix salary for official court reporter, HB 486................563 Tattnall prison collapse, to pay men for injuries received, HR 48-326c....................322 Taxes, ad valorem, due on motor vehicles must be paid before a license
tag can be issued, HB 254................................................................................257, 816

1202

INDEX

Tax, confirmed on collector of tax in edible crab meat, HR 29-22Sa ......................................................................................198, 242, 722, 1109
Taxes, exempt manufacturers using wine in manufacturing beverages from payment of tax imposed on wine, HB 595............................................769, 927
Tax, exempt on gasoline and kerosene used on farm operations,
HB 367 -----------------------------------.398, 652, 916, 940 Tax, gasoline revenues, provide a different method for distribution to
counties, HB 282..................................................277, 334,590,631,634, 1128, 1134 Tax, impose a tax on bachelors, HB 615...................................................................... 1052 Tax, on motor fuels suspended, HR 94-568b....................................734, 819, 1023, 1107 Tax, on kerosene, HB 34..................................................................88, 280, 544, 890, 981 Taxes, to allow property owner cannot pay part of taxes and secure a
release on lien on other property, HB 181.......................................... 178, 609, 1005 Taxes, to repeal governor's authority to suspend collection of, HB 219....................196 Tax assessors, provide term they may serve on board, SB 226....1032, 1033, 1054, 1137 Tax assessors, to complete revision of returns by June and file,
HB 164 ............................................................................................159, 205, 761, 1106 Tax assessors, to repeal code making it unlawful to hold other office,
HB 347 ................................................................................................................395, 652 Tax collector, shall keep office open, HB 380................................................................401 Tax collectors and commissioners to have bonds executed by corporate
surety licensed to write bonds, HB 523..................................................599, 816, 979 Tax exemptions on household and kitchen furniture filed in April in-
stead of May, HB 162.......................................................... 159, 205,589,1071,1111 Tax money, may be transferred, HB 364..............................................................398, 573 Tax payer, cannot segregate part of land to pay taxes on, HB 374............................399 Tax receiver, shall keep office open, HB 379................................................................400 Tax receiver, shall present _tax returns to tax assessors by April 10,
HB 170 ............................................................................................ 160, 206, 758, 1108 Tax refunds, to provide for interest, HB 378................................................................4('0 Tax returns filed from January to April instead of February to May,
HB 163 .................................................................................. 159, 205, 757, 11"''~1, 1112 Teacher retirement act, to provide sixty-year-old person teaching thirty-
five years be eligible, HB 585............................................................................767, 817 Teacher retirement system, provide for, HB 1........................................27, 86, 9~, 142 Telfair county, to fix fee for feeding prisoners, HB 131............ 144, 224, 247, 4t;,,, 514 Telfair county, to provide clerk to tax commissioner, HB 129.......... 144, 223, 247, 468 Telfair county, to provide for filling of office of commissioner of roads
and revenues when inducted into armed forces, HB 127.... 143, 223, 246, 468, 511 Telfair county, to provide for salary of sheriff, HB 130.................... 144, 223, 535, 778 Telfair county, to reduce bond of sheriff, HB 128................................ 144, 223, 247, 468 Tech High School, public speaking class, presented to House......................................942 Tennessee Legislature, to liberalize statutes prescribing size and weight
limitations of motor vehicles, HR 62............................................................473, 844 Tennessee Valley Authority, making equitable distributor between the
State of Georgia and local governments of payments received from the authority, SB 23 ........................................................................................... .285, 306

INDEX

1203

Thanksgiving Day, HB 23..................................................................................................83" Thomasville, City of, amend the charter to clarify terms of office of
board of education, HB 574............................................................735, 777, 821, 985 Thomasville, City of, to open or close streets or alleyways,
HB 571 ............................................................................................734, 777, 909, 1080 Thomasville, City of, to provide for zoning and planning, HB 573....734, 777, 820, 987 Thomasville, city of, to raise amount of tax for school purposes,
HB 572 ..............................................................................................734, 777, 820, 987 Thrasher, B. E., Jr., elected State Auditor, HR 9............................................65, 67, 88 Thrasher, Capt. Elmo, presented to House....................................................................703 Tifton, City of, to provide levy of additional school tax, HB 209...... 194, 241, 262, 327 Toms, M. C., elected doorman..........................................................................................20 Toomsboro, Town of, providing for tax levy and fix date for election
of mayor and council, HB 61 1......................................................883, 929, 973, 1148 Townsend, Judge J. Me., presented to House................................................................l68 Trust and trustees, for recreation, regulation and duration, HB 84.......................... 111
u
Unemployment compensation, establish a retirement system for employees, HB 267..................................................................................................259, 651
Unemployment Compensation Act, changing name to Employment Security Agency; changing provisions of law as to experience rating, HB 266 ............................................................................................259, 303, 805, 1134
Unemployment Compensation Act, to exempt certain agents of carriers, HB 204 .......................................................................................... 193, 816, 1015, 1135
Uniform Automobile Liability, security act, to provide suspension of drivers licenses, HB 394............................................................................430, 652, 956
Qniform Narcotic Drug Act, any person violating shall be guilty of
capital felony, H B 114................................................................................................ 126 Union ,~jty, City of, providing hours for keeping polls open, raise
amount persons may be fined in mayor's court, provide for ordinances regulating motor vehicles, HB 533..................................640, 693, 745, 986 Univ<;~sity System of Georgia teachers, to be members of teachers' relj[ement system, HB 588.............................................................. 768, 818, 1023, 1138 Upson county, to fix compensation of coroner and jurors, HB 195.... 180, 240, 552, 195 Upson county, to provide for election of board of commissioners, SB 195........739, 744
v
Valdosta, City of, to provide retirement for employees, HB 358 ....................................................................................397, 438, 472, 618, 1130
Vandenburg, Mrs. Dorothy, presented to House..........................................................249 Van Leer, Col. Bruce, presented to House....................................................................119 Vehicle, used for lottery tickets transportation sold, HB 342........394, 501, 723, 1141 Venue of suits on bonds, to be fixed on state, county or municipal offi-
cers, H B 146........................................................................................................ 156, 500

1204

INDEX

"Veterans, abatement of income tax upon death, HB 241................235, 333, 554, 1070 Veterans business license, 10% or more disability shall be free, HB 577................766 Veterans education, director of letter to governor.........-----------------------------------------------409 Veterans Memorial Building Commission, to create, HB 72....109, 185, 252, 411, 517 Veterans Service Office, salary of director of, HB 57....------------------------99, 184, 187, 250 Veteran of World War I, may be licensed as dentist if he was in final
semester of dentistry and member of Georgia National Guard,
HB 303 ---------------------------------------------------------------------------------------------.294, 334, 802 Veterans of World War II, educate orphans of,
HB 39 --------------------------------------------------------------------------89, 184, 231, 411, 515, 692, 755 Veterans of World War II, may attend schools regardless of age,
SB 162 --------------------------------------------------------------------967, 1012, 932, 1111, 1115 Veterans of World War II, may attend state schools without charge,
HB 38, HB 383........------------------------89, 115, 136, 206, 251, 401, 465, 728, 1136 Veterinarian profession included in general tax act, HB 256------------------------.258, 333 Vital statistics law, to provide compulsory registration of births,
HB 94 ----------------------------------------------------------------------123, 609, 993, 1135 Voters, to be registered by county boards of registrars, and ordinary to
assist tax collectors, H B 396-----------------------------------------430, 465, 509, 649
w
Wadley, Town of, extend city limits, HB 546------------------------------684, 741, 783, 1148 Walker county, authorizing taxing authorities to levy an annual tax of
not more than one mille, SB 35................................................285, 306, 466, 667, 850 Walker county, prohibit trapping of wild animals in steel traps, SB 101........531, 582 Walker county, to pay county commissioner, SB 17......................97, 104, 132, 374,412
Walker Park High School, presented to House.............--------------------------------747 Walls, P'ublisher, presented to House----------------------------------.309 Walton county, board of commissioners salary increased, HB 20........83, 93, 104, 189 Ware, Hon. R. M., presented to House..........................................................................723 Warden's recommendation on parole, to provide, HB 582............................................767 Warren county, special election of representative..............................................................5 Warren county, to fix salary of commissioners, HB 328....................366, 464, 507, 618 Warren county, to provide compensation for deputy clerk of superior
court, HB 397....................................................................................430, 465, 715, 891 Warren superior court, to change time for holding, HB 223 ..........197, 300, 553, 779 Waycross, City of, to create pension fund, H:B 37................................89, 115, 133, 190 Waycross, City of, to raise limit of tax for school purposes, HB 564....776, 820, 1046 Waycross Judicial Circuit, court reporter's salary, HB 55..................92, 147, 250, 330 Waynesboro, City of, to amend charter, HB 296..................................292, 437, 470, 617 Wells, Dr. Guy, presented to House................................................................................895 West, F. B., to be relieved as surety on bond, HR 116-611a........883, 930, 1023, 1146 White county, to abolish office of tax collector and tax receiver,
HB 292 ..............................................................................................292, 372, 405, 532 White county, to fix salary of chairman and clerk of board of com-
missioners, HB 291 ............................................................................292, 464, 506, 617

INDEX

1205

Whitfield county, to fix salary of commissioners of roads and revenues,
HB 159 -------158, 225, 248, 328 Whittle, Sheriff M. Gary, presented to House................................................................67 Wife, may bind herself to pay a specified debt, HB 173................................................160 Wife's property, when separate, husband shall be liable when damaged
by him, H B 242.---------------------------------------------.235, 651, 875 Wilcox county, to require deposit on divorce cases, HB 563............732, 776, 908, 1045 Wildlife rangers, to construct traps to allow passage of small fish, but
trap tarrepins and turtles, HB 391..................................................................429, 611 Willacoochee, Town of, to fix date of mayor's election, HB 510......597, 654, 695, 888 Willacoochee, Town of, to provide method of election of mayor and
councilmen, SB 194............................................................................739, 744, 844, 894
Willingham, Hon. Harold, presented to House...----------------------962 Willoughby, BenT., death of mother, HR 55................................................................410 Wills, probate of, use of photostatic copies in taking testimony,
H B 19 -----------------------------------.30, 131, 172, 329 Wills, provide for appointment of substitute for an executor named
who is unable to qualify because of war service, HB 320..--------------.321, 775 Wingate, Hon. H. L., presented to House....................................................................151 Winnona Park School, Decatur, Ga., presented to House..........................................249 Wooten, Dock Harrison, Mrs., pay $5,000.00 for death of husband,
HR 81-535b ----------------------641, 694, 1034 Workmen's Compensation Act, average wage one-twenty-sixth of
total, HB 77....................................................................................109, 650, 1002, 1110 Workmen's Compensation, claims to be paid from funds appropriated
to various departments, HR 23-114b..............................................127, 226, 255, 530 Workmen's Compensation, director shall not sit on full board, HB 60....100, 185, 649 Workmen's Compensation, increase membership of the board, HB 100....................124 Workmen's Compensation Act, to define method of computing com-
pensation, HB 330............---------------------------366 Workmen's Compensation Act, to include disease known as silicosis, HB 216........195 Workmen's Compensation, to provide compensation for loss of thumb,
HB 125 ................................................................................ 143, 650, 1005, 1035, 1109 Workmen's Compensation, to provide for medical expense, HB 123........................ 143 Workmen's Compensation, to provide last sickness and funeral expenses,
HB 124 ................................................................................................................ 143, 650 Workmen's Compensation, to provide manner of taking testimony in
hearings regarding disagreements, HB 126................................143, 650, 1002, 1109 Workmen's Compensation Act, to provide salaries for member of
board to be fixed by governor, HB 478..............................................................:.....526 Wyatt, Miss Elizabeth, presented to House..................................................................962
z
Zoning and planning ordinances, to be enforced, HB 361....................................397, 573 Zoning and planning ordinances, to provide for establishment of
boards, HB 368................,...................................................................................398, 573

:NUMERICAL INDEX
HOUSE JOURNAL
(For General Index see Page 1171)
House Bills
1-1 R 1, Teacher retirement system, general appropriation act to provide for ...........................................................................................27, 86, 93, 142
HR 2, Governor, state auditor and attorney general to take or damage by condemnation private property for public purposes of state .....................................................................................................27, 114, 136
HB 3, Real estate, owned or acquired by state may be improved...27, 114, 136, 286 HB 4, State auditor, election of, qualifications and experience..............:..................28 HB 5, Department of public safety, age limit of troopers.......................28, 114, 136 HB 6, Georgia bar, to create............................................................... 28, 203, 228, 268 HB 7, Camilla, new charter created...................................................28, 114, 132, 189 HB 8, Court of appeals, to fix salary of deputy clerk.............................28, 184, 228 HB 9, Poll tax, shall not be paid by members of armed forces.......29, 130, 151, 169 HB 10, Poll tax repealed...............................................................................29, 203, 228 HB 11, Land registration law, service of petitions and process....... 29, 130, 171,328 HB 12, Birth certificate for adopted children.....................................29, 203, 228, 411 HB 13, Bainbridge, to fix salaries of solicitor and judge.................29, 114, 132, 189 HB 14, Candler county, to fix sheriff's compensation.........................29, 92, 103, 189 HB 15, Candler county, tax commissioner office created....................30, 92, 103, 189 HB 16, Alapaha judicial circuit, reporter's salary..............................30, 130, 172, 440 HB 17, Chatham county, salary of commissioner..................................30, 92, 104, 189 HB 18, Erickson, T. W., paid for damages......................................30, 331, 701, 1148 HB 19, Wills, photostatic copies to be used in taking testimony of
out-of-state witnesses ................................................................30, 131, 172, 329 HB 20, Walton county, increase salary of board of commissioners....83, 93, 104, 189 HB 21, Murderer of husband or wife shall forfeit the right to in-
herit murdered spouse's property......................................................................83 HB 22, Court of appeals, membership increased to 7 judges..83, 239, 269, 559, 1077 HB 23, Thanksgiving day, to make legal holiday on certain Thursday....................83 HB 24, Fishing license for private ponds......................................................................83 HB 25, Irwin superior court, provide for 3 terms..............................83, 131, 173, 244 HB 26, Jeff Davis county, provide for salary of sheriff....................83, 102, 118, 140 HB 27, Randolph county, create board of commissioners..................84, 102, 116, 141 HB 28, Randolph county, abolish office of tax collector and tax re-
ceiver ..........................................................................................84, 102, 117, 141 HB 29, Cuthbert, amend charter............................................................84, 115, 133, 190
1207

1208

INDEX

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 HB HB

30, Georgia State Guard, to designate duties and rank of__________________________________84 31, Peach county, to fix salary of treasurer__________________________........84, 115, 133, 190
32, Peace officers of state, annuities and benefits................84, 223, 250, 591, 790 33, Reviver of charters, provided for....................................................84, 131, 191 34, Tax on kerosene, not to exceed 6c per gallon when used as
motor fuel... .............--------------------88, 280, 544, 890, 981 35, Superior court judges, to provide retirement
of -----------88, 203, 229, 581, 752, 778, 1079, 1104, 1135, 1072 36, State board of education, operate area trade, vocational and
industrial schools -------------89, 204, 231, 1077 37, Waycross, create pension fund for employees________________________89, 115, 133, 190
38, Veterans of World War II, free tuition........................89, 115, 136, 206, 251 39, Veterans of World War II, to educate orphans
of ----------89, 184, 231, 411, 515, 692, 755 40, Bill of rights, valid to minors... --------------89, 115, 137, 1081 41, Hunting season for marsh hens................................................Sl, 239, 269, 284 42, Mcintosh county, to divide in 5 districts________........................90, 102, 117, 140 43, Mcintosh county, to repeal laws establishing board of
commissioners ---------90, 102, 117, 141 44, Mcintosh county, to create zoning regulations......................90, 103, 118, 141 45, Notaries public, age limit lowered....................................................90, 184, 232 46, Minors, obligations made valid under servicemen's readjustment act........90 47, Brooks county, voters not eligible to vote for county school
superintendents --------90, 161, 191, 1077 48, Quitman city court, to be abolished........-------91 49, Chattahoochee county, salary to board members..................91, 115, 134, 190 SO, Marion county, salary of tax commissioner............................91, 115, 134, 190 51, Foreign corporations, terms and
conditions ......................................................91, 204, 232, 331, 540, 1073, 1077 52, Fishing, to provide for no closed season........................91, 131, 191, 210, 217 53, DeKalb county, bond commission, to create............................91, 103, 118, 141 54, Blue Ridge Circuit, to fix salary of solicitor generaL..........91, 131, 232, 330 55, Waycross Judicial Circuit, to fix salary of court reporter....92, 147, 250, 330 56, Supervisor of purchases, to fix salary o... .............99, 116, 138, 173, 175, 255 57, Director of veterans service office, to fix salary of................99, 184, 187, 250 58, Comer, regulate streets for business purposes........................99, 184, 207, 440 59, Carroll county, chairman of commissioners instead of execu-
tive director -------100, 131, 150, 190 60, Workmen's compensation act, director hearing cases shall not
sit on full board................................................................................lOO, 185, 649 61, Birth certificate, publication of notices on applica-
tion ------------.100, 131, 250, 268, 283, 1003 62, Elections, primary, two candidates for state officers and state
senator, candidate must receive majority of votes...................................... lOO 63, Carrier of passengers, baggage lien foreclosure................lOO, 147, 250, 1077 64, Insane railroad employee's salary paid to wife....................................101, 739 65, Henry superior court, to provide for 4 terms...................... 101, 131, 252, 330

INDEX

1209

HB 66, Henry county, to abolish city court........................................101, 131, 149,330 HB 67, Insurance commissioner, to receive all premium
taxes ............................................,....................... 101, 331, 549, 586, 1074, 1077 HB 68, Oath of electors, to strike all reference to poll tax......................................101 HB 69, State-owned liquor stores........................................................................ 108, 596 HB 70, County rabies inspector, created to inoculate dogs............ 108, 463, 804, 1070 HB 71, Candidates, expenses filed with comptroller general or superior court...... 109 HB 72, Veterans memorial building commission, to create.... 109, 185,252,411, 517 HB 73, Servicemen's resettlement corporation,
created ........................................ 109, 185, 252, 287, 521, 591, 629, 1031, 1057 HB 74, Coweta judicial circuit, fix salary for court reporter........ 109, 147, 252, 330 HB 75, Metter, salary of mayor and councilmen.............................. 109, 185, 208, 265 HB 76, Pierce county, to fix salary of clerk of board of commis-
sioners ........................................................................................ 109, 147, 161, 244 HB 77, Workmen's compensation act, amended, injured
employee ................................................................................109, 650, 1002, 1110 HB 78, Cairo, provide a city manager................................................ 110, 185, 207, 265 HB 79, Supreme court judges may adjourn if no quorum is
present ............................................................................ 110, 204, 253, 268, 1071 HB 80, Land scrip fund, redemption of bonds by state.................. 110, 185, 253, 1081 HB 81, Floyd county, establish water and sewerage systems..l10, 185, 253, 268, 546 HB 82, Stone Mountain judicial circuit, distribution of fees of court
reporter ....................................................................................110, 147, 253, 330 HB 83, Fire insurance policies may cover explosions from causes other
than explosives ......................................................................110, 331, 980, 1108 HB 84, Trust and trustees, for creation, regulation and duration.......................... 111 HB 85, Hunting fox, legal at any time........................................................................ 111 HB 86, Motor vehicle tags and license to be sold by sheriff......................................111 HB 87, Contract marriage_s, to be made legal during war................................ l11, 650 HB 88, Chattahoochee county, increase salary of solicitor
general ......................................................................111, 185, 254, 269, 543, 845 HB 89, Superior court judges may have secretaries........ l11, 186, 254, 269, 542, 845 HB 90, Columbus, increase salary judge of municipal court.......... 111, 147, 161, 330 HB 91, School attendance compulsory between ages of 6 and
16 ......................................................................................112, 204, 254, 269, 561 HB 92, Jacksoncounty, salaries of commissioners............................ 112, 147, 162, 330 HB 93, Georgia public service commission shall prescribe maximum
and minimum rates of carriers and utilities..........................................123, 609 HB 94, Vital statistic law provided..................................................123, 609, 993, 1135 HB 95, Georgia public service commission, to provide rules for
procedure ..............................................................................123, 609, 1001, 1108 HB 96, Reciprocation between other states and Georgia in selling
farm products ........................................................................123, 204, 254, 1080 HB 97, Gray, abolish city court o...................................................... 123, 147, 162, 329 HB 98, Jasper county, fix date for meeting of commissioners........123, 148, 162, 244 HB 99, Morgan county, fix salary of clerk of commissioners........ 124, 148, 162, 244 HB 100, Workmen's compensation, to increase membership of board......................124

1210

INDEX

HB 101, Commissioners of labor authorized to promulgate rules for prevention of accidents-------------------------------------------------124, 650, 807, 821, 1142
HB 102, Metter, fix salary of judge and solicitor of city courL...I24, 148, 163, 244 HB 103, Putnam county, commissioner defeated in re-election, governor
shall appoint ------------------------------------------------------------------------------------124, 148, 163 HB 104, State-owned liquor stores, to provide for and regulate sale of liquor__ _____ .l24
HB 105, Legal holidays ---------------------------------------------------------------------------------.124, 148, 255 HB 106, Court of appeals, judges administer oath to members of Gen-
eral Assembly --------------------------------------------------------------------------125, 186, 255, 411 HB 107, Mitchell superior court, to provide 4 terms_________________________________________________ _!25
H B 108, Motor vehicle license fee, not to be paid on vehicles used for
educational purposes ----------------------------------------------------------------------------------------125 HB 109, Decatur, fixing date of election_____________________________________________ _l25, 186, 208, 265
H B 110, Notary public services, to be permitted to be performed by all licensed attorneys. ______________________________________________________________________ _-________________ 125
HB 111, Quitman county, abolish county court___________________________________________ .l25, 148, 163
HB 112, Echols county, repeal law dividing county line into three
districts --------------------------------------------------------------------------------------125, 148, 163, 265 HB 113, Echols county, election of board members___________________________ _l26. 148, 164, 265
HB 114, Uniform narcotics drug act, any person violating shall be guilty of capital felony ________________ -------------------------------------------- _______________ ---------_ .126
HB 115, State board of registration for professional engineers and surveyors established______________________________________________________________ 126, 223, 591, 1136
HB 116, Calhoun, extend territorial limits_________________________________________________ .126, 239, 261 H B 117, County officers sued only in county of residence __________________________ 142, 204, 539 HB 118, Madison county, salary of clerk of commissioner_______________ _l42, 186, 208, 265 HB 119, Lien to involuntary gratuitous or naked depositories on prop-
erty, held to provide and express.----------------------------------------------------------.142, 239 HB 120, Legal age of majority, to fix at 18 years _____________________________________________ _l42, 204
HB 121, Members of armed forces exempt from penalties on failure
to return tax--------------------------------------------------------------------------.143, 204, 549, 1080 HB 122, State board of health to adopt rules for practice of midwifery_______________ _l43 HB 123, Workmen's compensation, to provide medical expense________________________________l43 HB 124, Workmen's compensation, to provide last illness expense___________________ _l43, 650 HB 125, Workmen's compensation, to provide for loss of
thumb -------------------------------------------------------------------------.143, 650, 1005, 1035, 1109 HB 126, Workmen's compensation, amended relating to hearing re-
garding disagreements -------------------------------------------------------.143, 650, 1002, 1109 HB 127, Telfair county, commissioners, office not vacant___ _____ 143, 223, 246, 468, 511 HB 128, Telfair county, reduce official bond of sheriff___________________ J44, 223, 247, 468 HB 129, Telfair county, provide for clerk of tax commissioner_______ J44, 223, 247, 468
HB 130, Telfair county, salary of sheriff...-----------------------------------------144, 223, 535, 778 HB 131, Telfair county, fix fee of sheriff for feeding
prisoners --------------------------------------------------------------------------144, 224, 247, 468, 514 HB 132, State board of health to make monthly allotment for travel
in lieu of mileage.. ----------- __ ---------------------------------------------------------------------- .144, 463

INDEX

1211

HB I33, Governor authorized to purchase land for livestock experi-
ment station -----------------------------------------------------------------------------.144, 20S, S6I, S83 HB I34, State board of social security authorized to buy lands_______________.IS4, 20S, S61
HB 13S, Cobb county, tax receiver to list tax payers in alphabetical
order --------------- ______ ----------------------------- ---------------------------------1S4, 224, S36, 778 HB 136, DeKalb county, salary to coroner..........................................ISS, 224, S46, 84S HB 137, DeKalb county, water works advisory board, to create...... 1SS, 224, 247, 329 HB 138, County may relieve prochein ami from making bond whenever
recovery does not exceed $SOO.OO............................................................ISS, 20S HB I39, New scale of fees for constables established in militia districts..ISS, 239, S93 HB 140, Regulation of the business of banking, new section
added ---------.ISS, 224, 872, 1083 HB I4I, Loans on real estate by banks, law amended........... ________.ISS, 224, S94, 1072 HB I42, Repeal code sections 13-200S, 13-2006, 13-2007 and
13-2008 ---1SS, 224, S94, I072 HB 143, Repeal code section 13-401a, which is section 13-41I of
supplement .............................................................................. 1S6, 224, S94, 1072 HB 144, Bank examiners, revise scale of fees ............................1S6, 22S, S61, S83, 1072 HB I4S, Amend code section 14-209, placing responsibility on
drawer ---------------1S6, 22S, S94, 1071 H B I46, Venue of all suits on bonds of state, county or municipal
officers to be fixed in county of residence..............................................lS6, SOO HB 147, State officials and employees may be garnishee........d........IS6, 300, S87, 1070 HB I48, Rome, to extend city limits............................................IS6, 283, 300, 336, S32 HB I49, Clarke county, to fix salary of members of board.............JS7, 22S, 248, 329 HB ISO, Insurance companies board of directors, to amend code
of -----------1S7, 331, S9S, 1070 HB lSI, Insurance companies, limiting the number of board of direc-
tors -----------------------.IS7, 332, 1004, IIIO HB IS2. Gibson, four members to city counciL..................................lS7, 239, 26I, 440 HB IS3, Cuthbert, zoning ordinances.................................................... 1S7, 186, 209, 329 HB IS4, Barnesville, city-wide vote for members of city counciL..lS7, 239, 261, 329 HB ISS, State board of health to allocate funds to any hospital, med-
ical center, etc., operated by state.................................................................... IS8 HB IS6, State board of health to pay basic costs for health program in counties.... IS8
HB IS7, Dalton, civil service commission........---------.1S8, I86, 209, 329, 439 HB IS8, Norwood, amend charter........................................................1S8, I86, 209, 26S HB 1S9, Whitfield county, salary of the commissioner...................... IS8, 22S, 248, 328 HB I60, Social Circle, amend the charter by increasing tax levy.... IS8, I86, 209, 26S HB I6I, Homestead exemption law, amended........................159, 20S, S87, 1071, fill HB I62, Date change_d for filing exemptions on household furni-
ture ................................................................................1S9, 20S, S89, 107I, IIIl HB I63, Tax returns, date changed for filing........................ 1S9, 20S, 757, 107I, I1I2 HB I64, County board of tax assessors required to complete revision
earlier ......................................................................................1S9, 20S, 76I, 1106 HB I65, Barrow superior court, 4 terms..............................................lS9, 239, SS2, 779 HB I66, Superior court clerks, $1.00 for recording enlistment records..1S9, 240, 1022

1212

INDEX

HB 167, Polk county, $10.00 deposit for divorce petition................ 160, 240, 552, 845 HB 168, Cedartown, zoning ordinances................................................ 160, 186, 210, 328 HB 169, Enrichment of flour, bread, etc..................._..______________.i60, 225, 590, 629, 1071
H B 170, Tax receivers to present tax returns to county boards of tax assessors by ApriL________________________________________________________________ J60, 206, 758, 1108
HB 171, Banking laws amended, limiting loans to 30% ..................160, 332, 761, 1035 HB 172, Insurance companies, foreign, relating to deposits_____________________ J60, 650, 1004
HB 173, Wife may bind herself to pay a specified debt.............................................. 160 HB 174, State board of pharmacy to appoint chief drug inspector in-
stead of commissioner of agriculture...............................J77, 332, 1005, ll41 HB 175, Uniform narcotic drug act amended.................................... 177, 300, 760, 1070 HB 176, Livestock dealers, to reduce fee to ordinary for issuing license to.... 177, 332 HB 177, Birth certificates, fee to ordinary for filing changed from 10c
to 20c .......................................................................................................... 177, 463 HB 178, Motor buses to separate white and colored passengers................................ 177 HB 179, Gainesville to increase taxes for school purposes...............J77, 225, 248, 328 HB 180, Code section 59-105 amended, fixing the compensation of jury
commissioners and clerk............................................................................ 177, 240 HB 181, Property owner not to pay tax against part of property............ 178, 609, 1004 HB 182, Banks incorporated by superior court shall not be defined as
banks .......................................................................................................... 178, 609 HB 183, Commissioner of agriculture may assess and collect penalties
from manufacturers of feedstuffs when it is found deficient....178, 436, 750 HB 184, Motor fuel tax law amended, to provide for taxation of motor
fuel used in aircraft.............................................................. 178, 463, 977, 1007 HB 185, Certificate of convenience and necessity must be procured by
carriers in operation of new business.............................................................. 178 H B 186, Rome, to provide civil service board may make rules and regulations...... 178 HB 187, Brunswick judicial circuit, to pay additional salary to
judge ........................................................................................ 179, 280, 718, 1081 HB 188, Brunswick judicial circuit, to fix salary of solicitor
general .............................................................................. 179, 240, 309, 188, 474 HB 189, Appling county, to create board of commissioners.............. 179, 225, 248, 328 H B 190, Confederate soldiers' widows' pensions increased........................................ 179 HB 191, Repeal farmer cooperative insurance companies from exami-
nation .................................................................................... 179, 332, 757, 1107 H B 192, Livestock auction markets to provide for appointment of
person to weigh livestock and swine...................................................... 179, 332 HB 193, State board of education to adopt rules for taking
census .......................................................... 180, 467, 572, 578, 790, 1049, ll08 HB 194, Pierce county, salary of sheriff in addition to fees.............. 180, 225, 552, 845 HB 195, Upson county, to fix salary of coroner and jurors.............. 180, 240, 552, 845 HB 196, Multrie, amend charter to include land adjacent to air
bases .......................................................................................... 180, 240, 337, 530 HB 197, Fishing boats, to abolish license fees levied on...................................... 180, 332 HB 198, Brown, Corporal R. D. and wife, paid for injuries
received .................................................................................. 180. 332, 824, 1081

INDEX

1213

HB 199, Feeding stuffs, to provide registration for with commissioner
of agriculture ----------------------------------------------------------------------------------------------------180 HB 200, Glascock county, abolish board of commissioners................181, 240, 261, 328 HB 201, Glascock county, to create board of commissioners............181, 241, 262, 327 HB 202, Baldwin superior court, four terms......................................181, 241, 553, 846 HB 203, Cherokee county, fix salary of clerk of commissioners........ 193, 241, 262, 327 H B 204, Unemployment compensation law amended, to exempt certain
commissioned agents ------------------------------------------------------------193, 816, 1015, 1135 HB 205, Lanier superior court, provide 4 terms.................................. 194, 241, 553, 846 HB 206, Superior court judge must approve sale of realty under power_
of sale in deed, mortgage, etc.....------------------------------------------------------------194, 225 HB 207, Confederate soldiers, to mark graves.......-------------------------------------194, 463, 758 HB 208, Naval stores supervising director, to prevent adulteration of
spirits of turpentine and naval stores....------------------------------------------------194, 371 HB 209, Tifton, amend charter to levy additional tax for schooL.194, 241, 262, 327 HB 210, Insurance companies to pay full amount when property is totally losL....194 HB 211, State board of health may provide sanitary disposal in un-
sewered areas --------------------------------------------------------------------------------------------195, 226 HB 212, Seven years limitation to instruments conveying personal prop-
erty only........... ---------------------------------------------------------------------------------195, 763, 1070 HB 213, Seminole county, to fish in Spring Creek without license............................ 195
HB 214, Seminole county, 5 district trustees for Spring Creek
school ----------------------------------------------------------------------------------------195, 226, 248, 327 HB 215, Planting seed dealers, to provide for registration of............................195, 572 HB 216, Workmen's compensation law, to include the disease known as silicosis....195 HB 217, Houston county, change time for holding court..................196, 300, 553, 779 HB 218, Seminole county, new registration books and regulations for
voters ----------------------------------------------------------------------------------------196, 371, 404, 532 HB 219, Governor, to suspend the collection of taxes-----------------------------------------------.196 HB 220, Attorney general, to appoint number of assistant attorneys generaL196, 300 HB 221, Brunswick, adding other employees to pension system........196, 241, 262, 327 HB 222, Glynn county, to provide civil service and pension for em-
ployees, amendment to Constitution_____________________________________________________ _l96, 927
HB 223, Warren superior court, change time for holding................197, 330, 553, 779 HB 224, Milk control, board, amended extending time to January
1945 ------------------------------------------------------------------------------------------197, 333, 760, 1068 HB 225, Cross-examination, privilege of either party in civil suit.................... 197, 333 HB 226, Integrated state department of veterans service, to provide..............197, 463 HB 227, Ordinary of any county, to make it unlawful to prepare and
file application in connection with administration of state................197, 241 HB 228, Pension system for employees of State of Georgia....................197, 301, 1005 HB 229, State, county and city departments of public health, to provide
merit system for---------------------------------------------------------------------------------------198, 301 HB 230, State board of education to elect director of education on evils
of alcohol ------------------------------------------------------------------------------------------------------------198 HB 231, Railroads, to equip trainmen with electric hand lanterns.................... 199, 750 H B 232, Divorce cases, to require $10.00 deposit for................................199, 301, 873

1214

INDEX

HB 233, Unlawful for any bank or loan agency to require borrower to cancel insurance policy................................................................ 199, 650, 873
HB 234, Rearrangement of senatorial districts..................................217, 241, 701, 1069 HB 235, Foreign corporation, to exempt from incorporating in state..............218, 533 HB 236, Divorce cases, to require $20.00 for filing............................................218, 301 HB 237, Lowndes county, create board of commissioners................218, 241, 263, 327 HB 238, Lowndes county, abolish board of commissioners................218, 241, 263, 328 HB 239, Mitchell county, increase bond of sherif..............................234, 281, 304, 468 HB 240, Camilla, amend act creating city court..................................234, 281, 304, 469 HB 241, Income taxes abolished for military forces upon death....235, 333, 554, 1070 HB 242, Wife's property, when separated....................................................235, 651, 875 HB 243, Lowndes county, amend act incorporating the Town of Lake
Park ..........................................................................................235, 301, 339, 532 HB 244, Pickens county, salary to sheriff, clerk and ordinary..........235, 281, 554, 846 HB 245, Pickens county, salary of commissioner................................236, 281, 304,469 HB 246, Madison county, holding 4 terms of superior court..........256, 301, 554, 846 HB 247, Oysters, to regulate the commercial collection o................................256, 281 HB 248, Savannah Beach, amend charter.. ..........................................257, 301, 339, 530 HB 249, Fishing boats license fees, shall run from Jan. 1 to Dec. 31..............257, 281 HB 250, Oysters in shell, provide manner and method of
shipping ....................................................................................257, 282, 750, 1068 HB 251, State game and fish commission to purchase airplane..........................257, 282 HB 252, Electors, permitted to vote in districts other than where he
resides ......................................................................................251, 371, 723, 1068 HB 253, Clayton county, City of Morrow change to........................257, 301, 341, 530 HB 254, Ad valorem taxes due on motor vehicles must be paid before
license tag is issued....................................................................................25 7, 816 HB 255, Circuit probation officers in judicial circuits to provide for
clerks and deputy probation officers............................................258, 651, 1017 HB 256, Professions in general tax act to include veterinarian........................258, 333 HB 257, Justices of peace, new schedule of fees ................................258, 500, 591, 637 HB 258, Oconee county, fix salary of sheriff........................................258, 282, 305, 469 HB 259, Augusta, mayor's salary..........................................................258, 302, 339, 648 HB 260, Augusta, fix minimum salaries of police department... .......258, 302, 340, 648 HB 261, Augusta, pension fund for permanent employees........258, 436. 469. 649. 669 HB 262, Condemnation of real property, admissible in evidence..............................259 HB 263, Augusta, mayor may succeed himsel............................................259, 340, 648 HB 264, Augusta, salary for members of fire department... .....................259, 302, 724 HB 265, Richmond county, pension fund for permanent employees..259, 282, 305, 648 HB 266, Unemployment compensation act, amended........................259, 303, 805, 1134 HB 267, Retirement system for employees of bureau of unemployment
compensation ............................................................................................259, 651 HB 268, Danielsville, abolish city court... .............................................260, 302, 340, 532 HB 269, Meriwether county, salary of clerk of superior court... .....260, 371, 724, 890 HB 270, Fertilizer inspections to define legal sample........................................275, 302 HB 271, Brooks county sheriff to receive salary........................275, 371, 724, 890, 980 HB 272, Board of naturapothy examiners, to create..................................................276

INDEX

1215

HB 273, Brunswick judicial circuit, additional salary to judge........276, 302, 556, 846 HB 274, Griffin, amend charter............-...............................................276, 302, 340, 530 HB 275, Bank directors, relating to qualification, residence and citizenship............276 HB 276, Atkinson, county sheriff to receive salary............................276, 371, 722, 888 HB 277, State or other subdivision to contract government for mate-
rials ..........................................................................................276, 463, 595, 1068 H B 278, Letter from secretary of war or navy, death of any person
is held as evidence in any court............................................276, 333, 637, 1110 HB 279, Powers of attorney not revoked by death........277, 651, 879, 951, 1107, 1140 HB 280, Admission of oath, deed, shall be legal and binding........277, 651,951, 1108 HB 281, Subscribing witness to will in armed forces or dead, may
admit the will to probate......................................................277, 610, 952, 1109 HB 282, Distribution of revenue derived from gasoline
tax ................................................................277, 334,590,631,634, 1128, 1134 HB 283, County roads construction figure to be changed..................................278, 610 HB 284, Oil and gas commission, to create....................278, 371, 638, 664, 1123, 1137 HB 285, Irwin county, fix salary of commissioner..............................278, 371, 404, 532 HB 286, Cobb county, fix salary of coroner........................................278, 372. 722, 932 HB 287, Gainesville, fix salary for members of city commission..............278, 436, 469 HB 288, Pilotage commission in several ports, to create................279, 334, 723, 1071 HB 289, Municipalities authorized to establish postwar public works
reserve fund ................................................................291, 437, 1118, 1122, 1137 HB 290, Atlantic States marine fisheries, commission act amended........292, 610, 1135 HB 291, White county, fix salary of chairman and clerk of board....292, 464, 506, 617 HB 292, White county, abolish offices of tax collector and
receiver ......................................................................................292, 372, 405, 532 HB 293, Stewart county, salary of disbursing clerk....................292, 372, 405, 531, 806 HB 294, Stewart county, salary of tax commissioner........................292, 372, 405, 532 HB 295, Heard county, create office of commissioner................................292, 500, 534 HB 296, Waynesboro, amend charter....................................................292, 437, 470, 617 HB 297, Amend code section 92-2510.............................................................'.....293, 1149 HB 298, Provide for release or relinquishment of powers of attor-
ney ............................................................................................293, 334, 750, 1149 HB 299, Shorthand reporters, to establish standard of efficiency......................293, 651 HB 300, Bank, unlawful to acquire majority of capital stock of other bank....293, 334 HB 301, Griffin Spalding county hospital authority to spend
monies ........................................................................................93, 372, 470, 617 HB 302, Newton county, fix salary of treasurer................................293, 372, 405, 617 HB 303, Veteran of World War I, in final semester of dental college,
licensed as dentist................................................................................294, 334, 802 HB 304, Perry, extend city limits..........................................................294, 437, 470, 617 HB 305, Taylor and Harris counties, fix time for holding superior
court ..........................................................................................294, 464, 704, 889 HB 306, State medical college shall prefer Georgia citizens......................................294 HB 307, Insurance companies investments 66% instead of 50% ..294, 651, 1004, 1135 HB 308, Georgia public service commission jurisdiction and to desig-
nate Georgia air commerce act........................................................................294

1216

INDEX

HB 309, Augusta, increase pension fund..............................................295, 437, 470, 649 HB 310, Emanuel county, board of commissioners fix salary of
clerk ..........................................................................................295, 372, 406, 532 HB 311, Emanuel county, board of commissioners elect own clerk..295, 372, 406, 533 HB 312, Gwinnett county, salary for sheriff in addition to fees......295, 372, 704, 987 HB 313, Jones county, salary to sheriff................................................295, 313, 704, 892 H B 314, Dawson county, salary for sheriff..........................................295, 373, 704, 891 HB 315, Retail business to issue receipt for item sold..............................................295 H B 316, Chattooga county, second primary held where candidates do
not receive majority of votes..................................................296, 373, 705, 891 HB 317, Homerville, to provide term of mayor..................................296, 437, 471, 617 HB 318, Lanier county, create 3 members boaq:l of commissioners..321, 373, 406, 533 HB 319, P'etroleum oil and gas commission, to create..........321, 464, 764, 1083, 1089 HB 320, Substitute appointed for executor, trustee, etc., in will who is
in war service........................................................................................... .321, 775 HB 321, Survivor, entitled to monies deposited or registered in name
of two persons................................---------321, 333, 500 HB 322, Special elections in counties to determine liquor sale................................... .321 HB 323, Pelham, extend city limits........................................................321, 437, 471, 617 HB 324, Carrollton, city tax levy raised......................................................321, 437, 439 HB 325, Savannah River, to make seining legaL...............................................322, 437 HB 326, Gainesville, provide for zoning and planning laws..............322, 437, 471, 617 HB 327, Banking laws, amended, salaries........................................323, 610, 1036, 1134 HB 328, Warren county, fix salary for commissioner and clerk......366, 464, 507, 618 HB 329, Jasper, amend charter..............................................................366, 437, 471, 618 HB 330, Workmen's compensation act, to define method of computing
compensation ....................................................................................................366 H B 331, Insurance companies, to require deposit from all fire, marine,
life, casualty, indemnity and inland........................................................366, 652 HB 332, Berrit>n county, tax commissioner retain fi fas fees..............367, 464, 507, 618 HB 333, Confederate veterans pensions............................................................... .367, 652 HB 334, Douglas county, abolish office of treasurer..........................367, 464, 507, 618 HB 335, Richmond county, increase school taxes................................393, 464, 509, 649 H B 336, Richmond county, provide pensions for board of health em-
ployees ......................................................................................393, 572, 619, 847 HB 337, Richmond county. board of education established budget sys-
tem ............................................................................................393, 572, 620, 847 HB 338, Atlanta, method of electing building inspector..................394, 438, 472, 1129 HB 339, Fulton county, fix fees to be collected by coroner.. ..............394, 464, 705, 891 HB 340, Fulton county, repeal civil service system for police........394, 887, 942, 1047 HB 341, Fulton county, civil service system for probation officer....394, 464, 705, 889 HB 342, Condemnation and sale of vehicle used to transport lottery
tickets ......................................................................................394, 501, 723, 1141 HB 343, Atlanta authorized to incur bonded indebtedness for
school ......................................................................................394, 501, 706, 1082 HB 344, Fulton county, payment of pensions to widows of county em-
ployees ......................................................................................395, 501, 709, 987

INDEX

1217

HB 345, Fort Valley, defining duties of water and light
commission -------------------------------------------------------------------------------.395, 438, 472, 618 HB 346, Sumter county, candidates for General Assembly shall specify
incumbent he desires to oppose................................................395, 610, 660, 847 HB 347, Tax assessors, unlawful to hold any other office..................................395, 652 HB 348, Mcintosh county, marsh hen hunting season................................................395 HB 349, Augusta, members of police and fire department may accept
other positions -------------------------------------------------------------------------.395, 438, 472, 649 HB 350, State board of education may accept federal funds for adult
education ---------------------------------------------------------------------------------------------------.395, 610 HB 351, Hancock county, 4 terms of superior court..................................396, 715, 889 HB 352, Fraternal benefit securities, conversion into stock life insurance......396, 652 HB 353, Secretary of state to keep of commissions............................396, 533, 724, 1106 HB 354, County boards of education to provide transportation for pupils......396, J610 HB 355, State board of education authorized to receive federal funds
for school houses..............................................................................396, 572, 800 HB 356, System of coordinates, to adopt for designating position of
points on earth's surface..........................................................................396, 775 HB 357, Method of computing income tax for persons who die....397, 465, 693, 1133 HB 358, Valdosta, retirement system for city employees..-......397, 438, 472, 618, 1134 HB 359, Airport zoning regulations......................................................................397, 776 HB 360, Peddlers of fresh water fish must obtain license in county
where he sells------------------------------------------------------------------------------------397, 438, 725 H B 361, Zoning planning ordinances......................................................................397, 573 HB 362, Public parking places, to be operated by counties, etc.........................397, 652 HB 363, Game and fish law, to define private pond................................... .398, 727, 927 HB 364, Tax money transferred to reserve funds ..............................................398, 573 HB 365, Ground water conserved........................................................398, 573, 764, 807 HB 366, State game and fish commission to employ and control all
employees --------------------------------------------------------------------....................398, 438, 1107 HB 367, Gasoline used on farm operations exempt from tax............398, 652, 916, 940 HB 368, Zoning and plan~ing laws....................................................................... .398, 573 HB 369, Public parking places................................................................................397, 652 HB 370, Fish salesmen exempt from tax when catching fish him-
self -----------------------------------------------------------------....................399, 465, 1034, 1107 HB 371, Income law amended,6% on refunds..................................399, 739,958, 1141 HB 372, Motor fuel tax law amended..........................................................................399 HB 373, Code section 92-3002 amended; corporation assets......................................399 HB 374, Taxpayer cannot segregate portion of land....................................................399 HB 375, Sale of property cannot be avoided under tax execution until
taxes are paid............................---------------------------------------------------------------------400 HB 376, Final return for deceased individual, how made..........................................400 HB 377, Accounts receivable, to be stricken from section 2, Ga. laws....................400 HB 378, Tax refunds, to provide for interest..............................................................400
HB 379, Tax receiver, shall keep office open........ -------------------------------------------------------400 HB 380, Tax collector, shall keep office open..............................................................401

1218

INDEX

HB 381, Superior court clerks to report to state department of revenue

all mortgages, etc------------------------------------------------------------------------------------------401 HB 382, Income tax law amended, to provide for amortization of
premiums paid on bonds subject to Georgia state income tax____________401, 927 HB 383, Veterans of World War II may attend schools. _______________401, 465,728, 1136
HB 384, Atlanta, revenues of the school department_______________ _401, 438, 473, 616, 754

HB 385, Dept. of natural resources, act amended-----------------------------------402, 573, 1110 HB 386, Director of forestry to name fire wardens____________________________________402, 573, 958

HB 387, Dept. of forestry may charge a fee for special service to

'

farmers ---------------------------------------------------------------------------------------------402, 573, 958 HB 388, Dept. of forestry to purchase and operate airplane______________________________402, 574

HB 389, Oil and gas well income will follow situs of propertY-------------------------------403
H B 390, State of Georgia to have consent to acquisition of lands by federal government for wildlife sanctuaries__________________________________________403, 611

HB 391, Wildlife rangers of state to construct traps to allow small

fish to escape------------------------------------------------------------------------------------------429, 611
HB 392, Schools for deaf, to p.rovide by local school units---------------------------.430, 611 HB 393, Secretary of state shall keep a book of commissions____________________________430, 611

HB 394, Uniform automobile liability act, to provide for suspension of

drivers license -------------------------------------------------------..-----------------------------430, 652 HB 395, Banks board of directors, to provide for filling vacancies. ________________.430, 611
HB 396, County board of registrars, not required to assist in register-

ing voters -------------------------------..---------------..--------------..---..-------430, 465, 509, 649 HB 397, Warren county, provide pay for deputy clerk......................430, 465, 715, 891
HB 398, Marrying officials, to make it a misdemeanor if failing to
comply with section 53-201 ......................................................................431, 501
HB 399, Hoganville, commission form of government......................431, 501, 534, 692
HB 400, Lee county, 5 members of board of commissioners..............431, 465, 509, 692
HB 401, Livestock health board, to create.._..____________________.._________..______________________........431

HB 402, Corporation act amended, superior courts to grant char-

ters -------------------------- ..---------..-------------------..------------------431, 574, 790, 1109, 1139 HB 403, Polk county, members of board to be elected from their road
districts _______________________________...._________..________ ..............................431, 465, 510, 618

HB 404, Miller county, abolish city court---------------------------------------------------432, 465, 510 HB 405, Miller county, create office of tax commissioner_______.._________________432, 612, 660

HB 406, Miller county, abolish present board of commissioners and create new board......................................._________.,__________________..________432, 612, 660

HB 407, Muscogee county, increase fees to coroner jurors______________432, 466, 715, 891

HB 408, Muscogee county, increase fees to coroner..........................432, 501, 716, 891 HB 409, Cherokee county, fiscal authority to pay cost in misdemeanor
cases ---------------...........................................________..______________________432, 501, 716, 891 HB 410, Cherokee county, $10.00 deposit in divorce cases________________432, 466, 716, 932 HB 411, Polk county, provide clerk of board of commissioners________433, 466, 510,618

HB 412, Jury commissioners and clerks to receive pay....-------------------------..-----433, 501 HB 413, Georgia aeronautics commission, to create......_..__________.._______________________________433

HB 414, Eastman, increase salary of city court judge.....___________________________433, 466, 617

HB 415, Dodge county, appointment of probation officer..............--433, 466, 510, 617

INDEX

1219

HB 416, Junior colleges added to municipal corporations..................................434, 612 HB 417, Sale of perishable property on order of ordinary................................454, 502
HB 418, Motor vehicle law, to amend.............--------------------------------------------------454 HB 419, State board of examiners for architects, to establish a new
board ------------------------------------------------------------------------------455, 533, 748, 985 HB 420, Georgia citizens council, created........-------------------------------..455, 533, 960, 1136 HB 421, Macon, trust funds public works-------------------------------------..455, 502, 534, 692 HB 422, Dodge county, establish a 5-man board of commissioners__________455, 574, 620 HB 423, Bibb county, to levy license on occupational taxes______________455, 502, 535, 692
HB 424, Fulton county, amend budget acL.---------------------------------..455, 574, 895, 1082 HB 425, Superior court jurors to receive 5c per mile________________________________________456, 574
HB 426, State department of corrections to establish and operate com-
missary --------------------------------------------------------------------------456, 612, 983 HB 427, Notary public, age limit to 18 years..-----------------------------------456 HB 428, Adoption of children laws amended, by providing investigation................456 HB 429, Prisoner transportation to be paid by county in which convicted......456, 612 HB 430, Dept. of corrections to construct stop gaps on roads tra-
versing state property...........----------------------------------------------------456, 612, 985 HB 431, Oconee judicial circuit, fix salary for court reporter__________456, 502, 717, 889 HB 432, Executors, administrators, trustees and guardians to invest
funds held by them---------------------------------------------------------457 H B 433, Discharged prisoners to receive clothing and transportation
allowance ------------------------------------------------457, 612 HB 434, Building and loan act amended....----------------------------------457, 502, 980, 1135 HB 435, Gordon county, salary of tax commissioner........................457, 574, 620, 847 HB 436, Choses in action, provi~ing for rights of debtors__________________________________457, 612
HB 437, Dept. of correction to transfer prisoners under 18 years of age to training schooL.............................................................................457, 970
HB 438, Bleckley county, increase fee of sherifL...............................457, 502, 717, 891 HB 439, Quantity and weight of grits, flour marked on containers for
sale ------------------------------------------------------458, 653, 978, 1141 HB 440, Commercial feed sacks, to prohibit use of metal clamps, tags, etc.....458, 653 HB 441, Dodge county, abolish office of commissioner______________________________458, 574, 620
HB 442, Dodge county, appointment of special deputy sheriff__________458, 502, 717, 891 HB 443, Fulton county, board of education to call electi_on on issuing
school bonds ---------------------------------------------------.458, 502, 718, 889 HB 444, Bass, Forehand, to receive sum by Dodge superior courL......458, 739, 1005
HB 445, Athens, City of, to create retirement fund---------------------------------459, 503, 535
HB 446, Chattooga county, abolish present board of commissioners and
create new board....-------------------------------------------------------------------459, 574, 621 HB 447, Macon, amend board of tax assessors----------------------------459, 503, 535, 692 HB 448, Columbus, firemen to receive compensation for fires outside
county ------------------------------------------------------------------------459, 503, 535, 649 HB 449, Columbus, board of trustees, public schools authorized to sell
property --------------------------------------------------------------------------------459, 574, 621, 847 HB 450, Banks superintendents, rate of interest of small loan com-
panies limited ------------------------------------------------------------------------494, 613

1220

INDEX

HB 451, Lakeland, provide method of filing vacancies of mayor or aldermen ..................................................................................494, 575, 621, 932
HB 452, Brunswick, to ratify closing of two streets............................494, 575, 621, 847 HB 453, Homestead exemption law, amended................................--495, 693, 980, 1109 HB 454, Augusta, minimum salaries for officers and men in fire depart-
ment ..........................................................................................495, 575, 622, 847 HB 455, Coroners, $10.00 for each death reported caused by motor
vehicles ..........................................................................495, 776, 1133, 1139, 957 HB 456, Atlanta, extend city limits in DeKalb county......................495, 575, 622, 847 HB 457, Decatur, assessment of sanitary taxes..................................495, 575, 622, 848 HB 458, Marion county, salary of sheriff..........................................495, 575, 896, 1082 HB 459, Columbus, extend city limits..........................................496, 575, 622, 778, 856 HB 460, State ports, authority to create........................:...................523, 575, 764, 1079 HB 461, Macon, salary of mayor.. ........................................................523, 653, 747, 988 HB 462, State treasurer's salary..................................-.................................................524 HB 463, Monroe, provide for freezer locker plants..........................524, 576, 622, 848 HB 464, State highway department to designate limited access facilities........524, 576 HB 465, State highway department, method to condemn rights of way....524, 576, 801 HB 466, Carrollton, provide method of taxing property not
returned .................................................................................... 524, 576, 623, 848 HB 467, Carroll county, commissioners to furnish car upkeep for
sheriff ........................................................................................524, 576, 623, 848 HB 468, State highway department, to create directors and treasurer............525, 576 HB 469, Clinch county, salary for members of boards of commis-
sioners ..........................................................4 ..........................525, 577, 623, 848 HB 470, Clinch county, filling of vacancies in office of solicitor......525, 577, 744, 988 HB 471, Condemnation of property for roads by condemnation for
borrow pits ................................................................................................525, 577 HB 472, State highway department to have right to acquire, build and
operate airport ..................................................................................525, 577, 801 HB 473, State highway department, to provide that stop signs erected
at road intersections shall be legaL.......................................................526, 843 HB 474, Assessment of value and damages, relating to..............................526, 577, 800 HB 475, Calhoun county, fix salary and expenses of commissioner..526, 577, 624, 848 HB 476, Macon, provide for sale of certain tract of land................526, 577, 624, 849 HB 477, Tax, on property must be paid before motor vehicles license issued..........526 HB 478, Workmen's compensation act, to provide salaries for members of board..526 HB 479, Nolo contendere, plea may be entered in all criminal cases..............527, 816 HB 480, Dodge county, salary of tax commissioner..........................527, 578, 624, 1082 HB 481, Sheriffs in counties not on salary basis, shall draw $100.00
per month in addition to fees..........................................................................562 HB 482, Clayton county, assistants and clerk for tax
commissioner ............................................................................563, 613, 661, 849 HB 483, Spalding county, to fix salaries of board of
commissioners ..........................................................................563, 613, 661, 849 HB 484, Bank, to remove limitation on money subscribed by federal
farm loan banks ........................................................................................563, 613

INDEX

1221

HB 48S, Cobb county, salary of the clerk of commissioners..............S63, 613, 661, 849 HB 486, Tallapoosa judicial circuit, to fix salary for court reporter........................563 HB 487, Lyons, repeal act establishing city court................................S63, 613, 661, 849 HB 488, Fulton county, regulations of fire prevention................................563, 613, 896 HB 489, State board of embalming, to increase members..........................................S64 HB 490, Lyons, fix salary of judge and solicitor..........................................564, 613, 662 HB 491, Veterans of Spanish-American, World War I and World........................
War II to receive medal of honor..................................................................564 HB 492, Housing authority laws amended......................................564, 6S3, 103S, 1134 HB 493, County board of education shall elect five members above
members of militia districts when less than five districts..................564, 613 HB 494, Columbus, date changed for election of commission..........564, 6S3, 694, 889 HB 49S, State revenue commissioner, to collect rental of motor com-
montaries operating over highways of state..................................................S6S HB 496, Muscogee county, to assign identifying numbers of all build-
ings ..........................................................................................56S, 614, 896, 1082 HB 497, Ludowici, fix salary of judge and solicitor............................56S, 614, 662, 932 HB 498, Ludowici, extend city limits....................................................56S, 6S3, 69S, 889 HB 499, Columbus, levy tax upon value of property to pay
expenses ....................................................................................S6S, 6S3, 69S, 889 HB SOO, Cherokee county, dates for holding 3 terms of court......56S, 614, 897, 1082 HB SO!, Columbus, provide for superintendent of education............566, 614, 662, 849 HB S02, Muscogee county, commissioner to adopt zoning ordinances....S66, 614, 1047 HB S03, Augusta, salary of judge of municipal court........................566, 614, 662, 848 HB 504, Richmond county, to fix salary of certain officials and clerks............566, 614 HB SOS, Augusta, provide salary of the solicitor generaL ...............566, 61S, 663, 932 HB S06, Richmond county, fix salary of county officers....................S66, 61S, 663, 848 HB S07, Bail, shall be available to imprisoned persons......................................600, 816 HB S08, Pulaski county, salary of sheriff..................................:.......597, 6S3, 893, 1047 HB S09, Johnson county, ordinary authorized to employ certified public
accountant ................................................................................597, 6S3, 69S, 889 HB SIO, Willachoochee, fix date for election of mayor and
aldermen ....................................................................................739, 744, 844, 894 HB S!l, Banks county, increase pay of commissioner and clerk......S97, 6S4, 69S, 888 HB S!2, Long County, provide five road districts, five commission-
ers ....................................................................................597, 6S4, 696, 972, 1006 HB Sl3, Tax act, to exempt hotels from paying dance hall tax................................S97 HB S!4, Board of regents, construct and operate hospital for indigent
sick -.598, 6S4, 1020, 1142 HB SIS, Electric street railroad companies, power not impaired..S98, 927, 1034, 1149 HB Sl6, Gypsies, to prohibit from camping..................................................................598 HB Sl7, Public eating places prohibited in unincorporated areas with-
authority from county..................................................598, 6S4, 897, 1004, 1133 HB S18, Calhoun county, deposit in divorce cases............................598, 739, 897, 1079 HB S!9, State division of conservation, to increase salaries of directors
of each division..................................................................................................S98 HB S20, Condemn property, class of persons entitled to............................................598

1222

INDEX

HB 521, Amoskeag, to incorporate...............................................................-599, 654, 696 HB 522, Optometrist, to prohibit from practice of optometry with
persons who are not optometrists........................................................... -599, 654 HB 523, Tax collectors and commissioners to have bonds executed by
licensed surety company...................................................................-599, 816, 979 HB 524. Method of calling an election where liquor is legalized....599, 601, 654, 827 HB 525, Sale of beer or wine prohibited within 100 feet of
schools ------------------------------------------------------------------599, 602, 655, 827, 1110, 1139 HB 526, Columbus, additional salary of mayor.................................-599, 655, 696, 888 HB 527, Appling county, pay salary of judge of city court of
Baxley --------------------------------------------------------------------------------------600, 655, 697, 988 HB 528, Income tax law amended, to provide commissioner of revenue
may require corporations to file returns........................................................600 HB 529, Glynn county, abolish office of justice of peace..................639, 817, 853, 1047 HB 530, Colquitt county, deposit for divorce....................................639, 739, 898, 1079 HB 531, Laurens county, to license coin machines............................640, 693, 898, 1136 HB 532, Stockbridge, extend city limits................................................640, 693, 745, 888 HB 533, Union City, to provide hours for keeping polls open..........640, 693, 745, 986 HB 534, Haralson county, fix salary and expenses of
commissioner ----------------------------------------------------------------640, 739, 781, 1047, 1097 HB 535, Oleomargarine, places serving food must post signs stating
they serve oleomargarine..................................................................................640 HB 536, Richmond county, increase salary of special criminal
bailiff --------------------------------------------------------------------------------------640, 740, 904, 1047 HB 537, Richmond county, fix salary for reporter and clerks....................640, 740, 905 HB 538, Augustoa, salary of assistant solicitor of city court............641, 740, 905, 1080 HB 539, Code section amended. providing after word "primaries" the
words "held by any political party to which such person belongs"....641, 740 HB 540, Brooks county, peace officer to receive $100.00................641, 740, 782, 1047 HB 541, Brunswick, port authority created............................641, 693, 745, 1068, 1119 HB 542, Emanuel county, salary of tax commissioners..................642, 740, 782, 1045 HB 543, Swainsboro, fix new schedule of fees for clerk and
sheriff --------------------------------------------------------------------------------------642, 740, 782, 1080 HB 544, Sumter county, salary for colorer..........................................683, 740, 905, 939 HB 545, Ringgold, extend city limits....................................................683, 740, 782, 986 HB 546, Wadley, extend city limits....................................................684, 741,783, 1148 HB 547, Quitman, county, abolish county court................................684, 843, 893, 1045 HB 548, College Park, extend city limits................................684, 741, 782, 1115, 1116 HB 549, Augusta, clerk in office of solicitor......................................684, 741, 905, 1045 HB 550, Augusta, judge to appoint sheriff and clerk..........................684, 741, 782, 986 HB 551, Livestock and swine, method of disposing of....................684, 887, 1030, 1135 HB 552, Abandonment of mother, to provide for offense o..............................685, 817 HB 553, Bibb county, create retirement fund for county
employees --------------------------------------------------------------------------------685, 776, 906, 1137 HB 554, Macon, elections held from 7 a.m. to 7 p. m.....................685, 741, 783, 986
HB 555. Banks laws amended, to change amount a bank may invest................685, 741
HB 556, Muscogee county, construct and extend public sewers........685, 741, 784, 986

INDEX

1223

HB 557, Grady county, bond of sheriff paid from county funds ______685, 741, 784, 986 HB 558, Springfield, increase salary of judge of city court____________685, 742, 784, 1045
HB 559, Catoosa county, clerk to attend trials in court of
ordinary -----------------------------------------------------------------686, 742, 908, 1080 HB 560, Rockdale county, provide for two advisors to
commissioner ------------------686, 742, 784, 1045 HB 561, remission of funds to which officer receives salary may become
entitled by virtue of seizure of vehicle............................686, 817, 1036, 1108 HB 562, Muscogee county, provide pension fund for employees......686, 742, 785, 986 HB 563, Wilcox county, require deposit in divorce cases______________ 732, 776, 908, 1045 HB 564, Waycross, to raise tax limit for school purposes..............-.......776, 820, 1046 HB 565, Registrable instrument, to provide for construction of the
place of execution................................................................................ -.....733, 776 HB 566, Retirement system for teachers, provide new section__________________ ......733, 776
HB 567, Sylvania, to amend charter.........--------------------------------------------------------------733 HB 568, Sylvania, to establish public schools..... ______________________________.............................733
H B 569, Jenkins county, salary of tax commissioner.. ......................733, 776, 820, 1046 HB 570, Putnam county, fix salary of deputy clerk. _________________________ 733, 777, 820, 1032 HB 571, Thomasville, authorized to open or close streets_____________.734, 777, 909, 1080 HB 572, Thomasville, to raise taxes for school purposes______________....734, 777, 820, 987 HB 573, Thomasville, provide zoning ordinances________________________________ 734, 777, 820, 987 HB 574, Thomasville, term of office of board of education.._________... 735, 777, 821, 985 HB 575, Merit system to regulate employment for state.......___________________________ 765, 843 H B 576, Redevelopment companies, law, to create.. ___________________________________________________.766 H B 577, Veterans, to provide business license for.. ...____________________________________...............766
HB 578, Armed forces members shall continue to be eligible for retirement....766, 877 HB 579, Fulton county, stenographer required to be present before
grand jury ---------------------------------------------------------------------------766, 817, 909, 1080 HB 580, County school superintendents classified____________________________..................766, 1017 HB 581, Americus, extend city limits____________________________________________________ 766, 817, 853, 986
HB 582, Wardens recommendations on parole, to provide..._____________________................767 H B 583, Development and zoning boards, provided by any county..........................767
HB 584. Chicks to have test for pullorum when shipped....-------------------------------867, 817 HB 585, Teacher retirement act, to amend........................---------------..................767, 817 H B 586, Trade schools, joint ownership in Atlanta, Decatur, Fulton
and DeKalb counties.....-------------------------------------------------------767, 818, 909, 1046 HB 587, Middle judiciai circuit, salary for court reporteL................... 767, 901, 1080 HB 588, University system of Georgia, teachers not disqualified for
retirement system. _______________________..................................._______ 768, 818, 1023, 1142
HB 589, Supreme court to have law assistants, shorthand writers..........................768 HB 590, Court of appeals, relating to shorthand writers.........................................-768 HB 591, Armed forces members listed as missing or dead, to have con-
servator appointed by ordinary...............................--------------------------------768, 818 HB 592, Stone mountain memorial authority, to create.....-----------------------------.... 769, 843 HB 593, ~1onroe county, tax commissioners, salary o....................769, 818, 854, 1148 HB 594, Brunswick, close certain streets................................769, 818, 854, 1082, 1088

1224

INDEX

HB 595, Tax on wine used in manufacturing beverages, medicines,

flavorings, etc., prohibited........................................................................769, 927

HB 596, State board of education shall classify county school superintendents......808

HB 597, Louisville, amend city courL-...............................................808, 844, 894, 1046

HB 598, Calhoun county, salary of sherif................................:.........809, 844, 909, 1081

HB 599, Pardon and parole board, to post notice in courthouse before

granting pardon..........................................................................................840, 927

HB 600, Dublin, City of, amend charter........................................................................840

HB 601, Confederate widows, to provide for admission and mainte-

nance in confederate soldiers home........................................................841, 928

HB 602, Candler county, salary of sherif..................................................887, 942, 1046

HB 603, Augusta, stenographer appointed to city court................881, 928, 1015, 1147

HB 604, State hospital authority, to create............................................................882, 928

HB 605, Baker county, fix bond of sherif....................................................882, 928, 972

HB 606, Baker county, fix bonds of deputy sheriffs....................................882, 928, 972

HB 607, Columbus, to close certain streets and sell said land........882, 928, 972, 1081

HB 608, Hapeville, create civil service system..................................882, 928, 973, 1081

HB 609, Jasper county, salary of sherif............................................882, 928, 974, 1147

HB 610, Hancock county, sheriff to receive salary............................882, 929, 975, 1147

HB 611, Toomsboro, tax levy of 10 mills..........................................883, 929, 973, 1148

HB 612, Richmond county, board of commissioners to levy occupational

.

taxes ..............................................................................................968, 1015, 1149

HB 613, Fraternal, sorority, to provide unlawful in public schools........................ 1013

HB 614, Jackson, city, to amend charter.......................................................... 1008, 1054

HB 615, Tax on bachelors.............................................................................................. 1052

HB 616, State depository banks, to establish.................................................... 1094, 1095

HB 617, Alcohol beverages, to repeal an act to legalize and controL.................... 1095

House Resolutions
HR 1, Notify Senate that the House is organized and ready for the transaction of business........................................................................................ 16
HR 2, Notify governor General Assembly has convened.......................................... 16 HR 3, Rules of House are same as rules of 1943 and 1944...................................... 16 HR 4, Rules are adopted governing the appointment anq compensa-
tion of attaches of House.................................................................................... 16 HR 5, Governor Arnall to address joint session..................................................17, 27 HR 6, Reserve fund, governor authorized to transfer........................30, 86, 95, 165 HR 7, Macon county, state to reconvey land back to........................31, 132, 172, 286 HR 8, Roach, A. S., payment of judgment against state board of
barber and hairdresser examiners..............................31, 335, 679, 1031, 1148 HR 9, Thrasher, B. E., Jr., appointed as auditor..........................................65, 67, 88 HR 10, Superior court judges, expenses paid..............................85, 132, 172, 213, 468 HR 11, New Constitution of Georgia........85, 302, 343, 345-365, 376-392, 412-428,
441-453,477-492,778,790,806,828,861. 879, 942, 972

INDEX

1225

HR 12, Congress memorialized on postwar military establishment and status of national guard______________________________________________85, 97, 119, 136, 206, 266
HR 13, Atlanta Chamber of Commerce thanked for delightful evening__________86, 107
HR 14, Cogdell, Hon. Alton, condolence to familY----------------------------------------------86, 107 HR 15, Members of the military, drive without license while on fur-
lough --------------------------------------------------------------------------------------------85, 132, 173, 287 HR 16, Governor Arnall, attorney general, commended on freight rate case..87, 107
HR 17, Senatorial districts, to redistricL---------------------------------------------------101, 260, 287 HR 18, Brynes, James F., memorialized for banning all non-essential
industries for war---------------------------------------------------------------------------------------------104 HR 19, Reeves, Oliver, appointed poet laureate of Georgia....l12, 127, 138, 148, 254 HR 20, Melton, Wightman, condolence expressed to family ____________ 119, 127, 138, 142
HR 21, State Sanatorium at Alto, report of---------------------------------------------120, 139, 166 HR 22, Amendment to Constitution, the right of persons to work shall
not be denied or abridged on account of labor unions_______________ _l26, 282, 826 HR 23, Workmen's compensation, claims paid state employees_____ _l27, 226, 255, 530 HR 24, Glynn county, sale of land to Sea Island company______________ 127, 206, 521, 987 HR 25, Civil aeronautics board, permission for the air transport be-
Atlanta and Brunswick-----------------------------------------------------------------------------------164 HR 26, Message from governor, joint session to hear_____________________________ _l76, 188, 192
HR 27, Camp Stewart land site, former owners permitted to repurchase____ 176, 1145 HR 28, State ports and docks committee established________________________ 198, 242, 412, 626 HR 29, Tax on edible crab meat, confirmed___________________________________ _l98, 242, 722, 1109
HR 30, Two former members of prison board eligible for state em-
ployment -----------------------------------------------------------------------.198, 373, 723, 1031, 1114 HR 31, Milk control board, committee to be renamed_______ j20, 198,334, 1071, 1118 HR 32, Chatham county delegation thanked for entertainment_____________________________ _207
HR 33, First Presbyterian church of Milledgeville, to lease
land ---------------------------------------------------------------------.218, 242, 874, 1031, 1083, 1092 HR 34, Governor, members of agricultural and industrial develop-
ment board commended-------------------------------------------------------------------------.218, 1146 HR 35, Stanley, Vivian L., to receive sum in lieu of salary___________________ _235, 335, 877 HR 36, Labor procurement division, to go on uninterrupted____________________________________249 HR 37, President, urged to give consideration to southern statesmen___________________ _249 HR 38, Bowers, Hon. Gordon, family of, extended sympathy_______________________ _249, 844
HR 39, State sanatorium at Alto, required to admit persons suffering
from tuberculosis ----------------------------------------------------------------------------------------------260 HR 40, State _sanatorium at Alto to be transferred from department
of public health to department of public welfare_______________________________ _260, 373
HR 41, Farmers and citizens of Georgia thanked for production of livestock_____ _270 HR 42, Joint session for unveiling plaque of Hoke Smith_______________________ _270, 284, 287 HR 43, Special order of business for January 3, 1945 _____________________________________________ _290
HR 44. Lanier, Sidney, nominated to hall of fame _________________________.296, 371, 557, 844 HR 45, Order of business for January 31, 1945 _______________________________________________________.343 HR 46, Jarrett Spring Lot, title vested to_______________________________________.322, 503, 705, 987 HR 47, Jamerson, Lamar, to receive compensation for injuries ____________________ 322. 818

1226

INDEX

HR 48, Money appropriated to pay certain men for injuries received for the collapse of building at Tattnal prison___________________________________________ .322
HR 49, Lord Electric company to receive balance due ____________________________________322, 693 HR 50, Agricultural adjustment agency, to aid the farrner__ ____________________________________344 HR 51, Congress urged to limit the income and inheritance tax____________________________367 HR 52, Fulton county, commissioners authorized to levy license tax
on business in unincorporated areas__________________________401, 504, 712, 1126, 1145
HR 53, State revenue commissioner to sell contraband articles ______________402, 693, 956 HR 54, Willoughby, BenT., sympathy expressed for loss of rnother__ ____________________410
HR 55, Matthews, 1oseph I., sympathy expressed t0------------------------------------------------410
HR 56, Governor authorized to trade for land adjoining state park
in Dade county ------------------------------------------------------------------------433, 615, 804, 987 HR 57, Rogers, Quinton, relieved as surety on bond of Torn Srnith____________ __433. 615 HR 58, Cogdell, Alton, memorial association commission
created ------------------------------------------------------------------------------------434, 504, 715, 1079 HR 59, State administration authorized to cooperate with council of
state governments ------------------------------------------------------------------434, 504, 729, 1107 HR 60, Alabama state ports, to be visited and inspected by two addi-
tional members --------------------------------------------------------------------------------------------------439 HR 61, Congress requested to equalize payments by TVA____________________________473, 1145
HR 62, Legislature of Tennessee memorialized for uniform motor vehicles..473, 844
HR 63, Atkinson, Lt. David S. 1r., death larnented ________________________________________ __473, 845
HR 64, Special and continuing order of business for Feb. 8____________________________________494
HR 65, Swanson, B. R., to receive balance on salary____________________496, 615, 802, 1148 HR 66, Riches, Piver company, to receive balance due______________________________________496, 694
HR 67, Burch, Charles V., relieved as surety of Manuel Stafford_______________.496, 616
HR 68, Governor, department heads, urged to bring about return of
all Camp Stewart propertY--------------------------------------------------496, 616, 872, 1032 HR 69, Special and continuing order of business for Feb. 12__________________________________ 527
HR 70, Clanton, C. E., to receive payment per rnonth---------------------------------------------527 HR 71, Special and continuing order of business for Feb. 13 _________________________________.562
HR 72, Montgomery county, state librarian to furnish volurnes..567, 742, 896, 1145 HR 73, Camden county, certain land to be reconveyed back to by
governor _____________________________ ------ ___ ---------- _________________________________________567, 978, 1146
HR 74, Special and continuing order of business for February 13__________________________ 596
HR 75, Garrett, L. T., to be paid sum for damages by state highway
truck ----------------------------------------------------------------------------------------------------------600, 742 HR 76, Beck, Ray, to receive sum for repairs caused by state highway
truck ------------------------------------------------------------------------------------------------600, 742, 1034 HR 77, Governor Arnall, joint session for rnessage__________________________________________625, 626
HR 78, Amendment to Constitution, to provide the right of people to re-elect or defeat any elective state officials_ _____________________________________________600
HR 79, Dawson, Hon. Howard, invited to address joint session____________________616, 632 HR 80, Board of regents to pay architects fees for designing building__________641, 819 HR 81, Wooten, Mrs. Dock Harrison, to receive sum for death of
husband ----------------------------------------------------------------------------------641, 694, 1034. 1144

INDEX

:1227

HR 82, Fulton county, board of education authorized to incur new
debts; amendments to Constitution---------------------------------------------642, 898, 1144 HR 83, Fulton county, provide for levy of tax for education; amend-
ment to Constitution-------------------------------------------------------------642, 819, 901, 1136 HR 84, Special and continuing order of business for Feb. 15, 1945________________________639 HR '85, Alexander, William Anderson, commended________________________________________665, 1146 HR 86, Jewish fellow-citizens commended________________________________________________________681, 1146 HR 87, Congress memorialized to enact SB 181..____________________________________________681, 1083
HR 88, Budget commissioner, to provide sufficient funds for old-age
assistance __ --------------------------------------------------------------------------------------------------686, 819 HR 89, McDonald, Mrs. J. W., to receive sum for injuries to son....686, 742, 1034 HR 90, Gilbert, John J. and Mrs., extended sympathy for death of son______________706 HR 91, Special and continuing order of business for Feb. 19__________________________________683 HR 92, Special and continuing order of business for Feb. 19__________________________________ 700
HR 93, Governor to deed back to Albany certain property__________ 734, 777, 978, 1146 HR 94, Tax on motor fuel suspended____________________________________________ 734, 819, 1023, 1107
HR 95, Budget commission, to reimburse department of law for expenses incurred in freight rate litigation______________________________________________ 734, 1001
HR 96, Butts county, state librarian to furnish volumes of court
reports ------------------------------------------------------------------------------------734, 819, 908, 1148 HR 97, Special and continuing order of business for Feb. 21.. ________________________________765
HR 98, Governor to appoint a commission to study retirement and
pension fund systems of other states--------------------------------------------------------------768 HR 99, King, G. Pierce, sympathy expressed t0--------------------------------------------------------800 HR 100, Governor, director of state parks requested to investigate the
possibility of parks on coast___ _________________________________________________________________801, 988
HR 101, Special and continuing order of business for Feb. 22__________________________________820
HR 102, State board of pardons and paroles to consider applications
from misdemeanor prisoners------------------------------------------------------------------808, 969 HR 103, Special rules to House--------------------------------------------------------------------------------------828 HR 104, McCutchen, Hon. Pat, and Harry Maugans, thanked for entertainment..839 HR 105, Colquitt county property reconveyed back to county........809, 843, 979, 1146 _ HR 106, Colquitt county, state to reconvey property to Georgia North-
em Railway company____________________________________________________________809, 844, 979, 1136
HR 107, Rigid enforcement of grammar school lessened ______________841, 929, 1019, 1145 HR 108, Strickland, Paul M., to receive sum for injuries____________841, 929, 1020, 1136 HR 109, Bryan, Wright, felicitations extended to________________________________________________________872 HR 110, Nicholson, Robert, sympathy expressed to______________________________________________________871 HR 111, Joint session to hear A Capella choir.. __________________________________721, 881,890,895
HR 112, Amendment to Constitution, Chatham county to levy tax........883, 929, 1144 HR 113, State advisory council, to provide for.. ______________________________883, 929, 977, 1147 HR 114, Governor to contract for special rates for publication of the
new Constitution ------------------------------------------------------------------883, 929, 977, 1147 HR 115, Amendment to Constitution, DeKalb county to levy tax____________________883, 930 HR 116, West, F. B., relieved on surety bond ________________________________883, 930, 1023, 1146
HR 117, Public service commission, to negotiate with army
engineers ------------------------------------------------------------------------------920, 969, 1019, 1147

1228

INDEX

HR 118, Adamson, Lamar, sympathy expressed to......................................................939 HR 119, Davis, John J., to file claim................................................921, 969, 1014, 1147 HR 120, Irwin county, levy tax for school purposes......................921, 971, 1027, 1144 HR 121, Georgia delegates in Congress requested to support bill by
Senator George........................................................................................992, 1146 HR 122, Southern Bell Telephone and Telegraph, commended for service..............992 HR 123, Clerk of House to obtain 60 days extension for filing income tax............993 HR 124, Joint session to see motion picture on scientific farming................ 1030, 1037 HR 125, Joint session repealed, motion picture on"scientific farming............ 1037, 1045 HR 126, McCaran-Summers bill, early settlement........................................ 1037, 1145 HR 127, Richmond delegation thanked for dinner..........................................I037, 1145 HR 128, Speaker, secretary, clerk and four assistants to remain after session......I037 HR 129, Governor requested to suspend operation of naval stores inspection fee.. I037 HR 130, Rules committee consider HR 78.................................................................. 1050 HR 131, Committee on Constitutional amendment No. 2 to remain over............ 1095 HR 132, Committee on state prison farm to draw traveling expenses.................... 1095 HR 133, Servicemen's readjustment act, to simplify...................:.................... 1008, 1097 HR 134, Selective service to use greater diligence in selection of farm draftees....l117 HR 135, Jenkins, Mr., thanked for courtesy..............................................................l117 HR 136, Richardson, Mrs. Alonzo, thanked.............................................................. 1117 HR 137, Slaton, Hon. John M., sympathy expressed to.................................. 11 10, 1118 HR 138, Committee on hygiene and sanitation to appoint committee
to keep in touch with health program........................................................ 1118 HR 139, Game and fish, to appoint subcommittee....................................................I132 HR 140, Stenographic bureau, thanked........................................................................ 1132 HR 141, Carmichael, James B., thanked......................................................................1132 HR 142, Committee on school for deaf to visit deaf schooL__________________________________J153

Senate Bills
SB 1, Dept. of audits and accounts, to amend......-----------.116, 119, 149 SB 2, Public safety act, amended to reduce the minimum age limit.......28, 114, 136 SB 3, Condemnation of private property by state officials............I27, 135, 149, 214 SB 5, Abolition of poll tax.................................................................223, 244, 282, 309 SB 6, Legal holidays, set out......................................................l28, 135, 149, 215, 291 SB 7, Second-hand watches, regulate sale o..................141, 150, 186, 216, 227, 291 SB 8, Fulton county, amends civil service board..............................I42, 151, 341, 242 SB 9, Supreme court judges, power to adopt, modify and repeal rules
of procedure ............................................................................284, 305, 335, 557 SB 10, Judges of supreme court authorized to make rules for bar
examinations ......................................................................242, 244, 335, 557, 849 SB 12, Judicial circuit council, to create....................................284, 305, 335, 558, 849 SB 13, Superior courts authorized to render declaratory
judgments ..........................................................206, 210, 226, 266, 291, 409, 517 SB 14, Secretary of state to file certified acts of General
Assembly ...........................................................................206, 210, 226, 267, 365

1230

INDEX

SB 74, Commissioner of agriculture, to collect penalties where feedstuff is deficient..............................................................529, 536, 655, 1085, 1142
SB 75, Regulation and sale of planting seeds....581, 619, 655, 1069, 1087, 1098, 1142 SB 76, Darien, abolish city court..........................................................286, 307, 466, 510 SB 77, State board of education, to adopt rules for taking school
census ......................................................................................467, 475, 1049, 1104 SB 78, Adjutant general, fix salary o... ...........................................850, 934, 969, 1113 SB 79, Seminole county, new registration book..................................286. 308, 373, 407 SB 80, Seminole county. citizens to fish in Spring Creek..................................286, 308 SB 81, Seminole county, five trustees for Spring Creek schooL.....286. 308, 374, 407 SB 84, Veterans service, to create an integral state department..467. 475, 615, 1044 SB 85, Electors to state political party affiliation..................850, 935. 970, 1108, 1114 SB 86, Attorney general, right to appoint assistant........................505. 537. 655. 1098 SB 87, Fulton county, pension svstem amended................................403, 407, 467, 511 SB 90, Amend code section 36-606........................................................403. 408. 503, 668 SB 91. Method figuring income tax for corporation..............504, 513. 819. 1102. 1133 SB 93, Elbert cmnty, salarv of deputv clerk....................................505, 537, 743, 785 SB 94, License levied on fishing boats shall run from Jan. 1 to
Dec. 31 ....................................................................................850, 935, 969. 1085 SB 95, Gathering of oysters, regulated..............................................850, 935, 969, 1085 SB 96, State game and fish commission to purchase airplane to patrol
coastal waters ..........................................................................969, 850, 935, 1115 SB 97, Shipping of oysters in shell, regulated..................................850, 935, 970, 1098 SB 98, Sunday movies, authorized to operate within certain
hours ..............................................................................529, 537. 777. 1089, 1097 SB 100, Svlvania, create pension fund for city employees................530, 537, 578, 624 SB 101. Walker county, prohibit trapping of wild animals................................531, 582 SB 102, Atkinson county, provide salary of sherif............................467, 475, 578. 1038 SB 103, Crawfordville, provide water works superintendent............440, 475, 578, 624 SB 104. Mcintosh county, additional salary to judge and solicitor....................440. 476 SB 105, Mcintosh county, superior court, provide 4 terms............440, 476, 615. 1038 SB 106. Illegitimate children, adoption records kept secret..............................467, 476 SB 107, Method provided showing person has been restored to
sanity ........................................................................................504, 513, 777, 1152 SB 109, Governor authorized to appoint farmers as members of board
of directors ....................................................................504, 513, 656, 1069, 1080 SB 110, Savannah, amend charter repealing pensions of city
employees ................................................................................... .505, 537, 578, 625 SB 112, Director, state board of social security, governor to fix
salary ........................................................................................469, 538, 578, 1099 SB 113, Darien, city council close certain streets................................504, 514, 534, 583 SB 114, Gainesville, extend city limits............................................................531, 579, 747 SB 115, Motor fuel tax law amended..................................................581, 582, 930, 1099 SB 118, New schedule of fees established for sheriffs............505, 538. 656. 1086, 1143 SB 119, County lines, method changing..........................................................504, 514, 579 SB 120, Gray, amend charter..................................................................S05, 514, 579, 625 SB 122, Notaries public, appointed by judge of superior court.. ................................892

INDEX

1231

SB 124, Department of state library, reorganized....................................851, 935, 1048 SB 125, State board of education authorized to accept and disburse
federal funds for improvement..............................................SOS, 514, 615, Hl57 SB 129, Road houses, to regulate the operation of........................971, 1012, 1013, 1150 SB 135, County boards of education, provide transportation for pupils............931, 936 SB 139, State board of education authorized to receive federal funds
for adult education..................................................................S31, 582, 930, 1057 SB 142, Secretary of state to furnish ballots to ordinaries..................................933, 937 SB 144, Georgia coordinates, system adopted........................531, 582, 656, 1086, 1143 SB 145, State highway department, optional method to condemn
right-of-way ..............................................................................................933, 937 SB 146, Schools for the deaf, local units of administration is estab-
lished....................................................................-.....................530, 538, 579, 1072 SB 148, Secretary of state to canvass vote and transmit same..........................931, 937 SB 149, State highway department to condemn property for roads and
barrow pits................................................................................934, 938, 970, 1114 SB 150, Motor vehicle, safety responsibility act created..............971, 1045, 1149, 1150 SB 151, State highway department, director, right to build airports................933, 938 SB 153, Rates of interest charged, when property is pledged............931, 938, 970, 1138 SB 155, Political mass meetings held in public buildings................931, 938, 1012, 1113 SB 156, Misdemeanor to empty trash on public roads....................931, 938, 1054, 1138 SB 158, Lewis, ]. C., paid for turnkey fees ..........................................S81, 619, 743, 785 SB 161, Georgia aeronautics commission, created................................ 1033, 1047, 1054 SB 162, Veterans of World War II, right to attend school regardless
of age ......................................................................................932, 967, 1012, 1115 SB 163, Eastman, amend charter............................................................S31, 582, 656, 697 SB 164, Hogansville, commission form of government......................581, 583, 656, 697 SB 165, Atlanta, amend pension system....................................617, 663, 694, 1039, 1143 SB 166, East Point, mayor's salary........................................................581, 583, 656, 697 . SB 167, Oleomargarine, manner in which it may be sold................934, 936, 1013, 1115 SB 168, Fulton county, civil service board amended............................738, 743, 819, 894 SB 169, Fulton county, pension fund for police department..........933, 968, 1013, 1055 SB 173, Taliaferro county, change terms of office of board of com-
missioners ----------------------------648, 663, 743, 785 SB 174, Alma, create a park and tree commission...----------------------648, 663, 694, 745 SB 177, Department of public safety authorized to destroy slot
machines -------------------------934, 970, 936, 1152 SB 179, Hospital authority to provide pension system for
employees -----------------------------------931, 936, 970, 1113 SB 180, Deputy recorder, office created..............................648, 664, 694, 746, 806, 894 SB 182, Probation officers, commissioners may fix salary............968, 1013, 1055, 1069
SB 184, Calhoun, tax levy for school purposes----------------618, 664, 694, 746 SB 186, Atlanta, how employees may come under civil service........738, 743, 930, 973 SB 189, Elbert county, salary of commissioner......................................................691, 698
SB 190, Elbert county, salary of commissioners.-------------------------691, 698 SB 193, Summerville, extend city limits...-------------------738, 743, 888, 938 SB 194, Willachoochee, changing time of electing mayor..................739, 744, 844, 894

1232

INDEX

SB 195, Upson county, restricting any board member of commissioners from running fer mayor.........................................:..................................739, 744
SB. 197, Pets in hotel room, made misdemeanor..............................................l033, 1046 SB 199, LaGrange, clerk of city court paid same as clerk of superior
court ....................................................................................................744, 779, 854 SB 200, Transfer of license tags upon payment of 50c........934, 936, 1054, 1137, 1140 SB 201, Atlanta, fire department, amend pension act............934, 936, 1013, 1055, ll43 SB 202, Atlanta police department, amend pension act..................933, 968, 1013, 1056 SB 205, Lincoln county, salary of sheriff..............................................744, 779, 854, 890 SB 206, Colquitt county, $12.00 deposit for divorce........................934, 936, 1013, 1056 SB 209, Senatorial executive committee of 45th district to make rules
for candidates..............................................................................................933, 968 SB 211, Fitzgerald, create a joint airport commission........................892, 893, 930, 974 SB 213, Director of corrections, pay cost of inquest where prisoner
killed .................................................................................. 1032, 1033, 1054, 1131 SB 214, Sylvania, create public school system......................................846, 851, 888, 939 SB 215, Sylvania, establish public school district................................846, 851, 930, 974 SB 216, Fulton county, establish park and recreation commission....846, 851, 930, 974 SB 217, State guard placed under military department............................934, 937, 1014 SB 226, Tax assessors, length of term of county board..............l032, 1033, 1054, 1137 SB 228, Fulton county, judge of superior court salaries
supplemented .....~......................................................................932, 937, 970, 1113

Senate Resolutions
SR 2, Notify governor, General Assembly convened................................................... .20 SR 5, Memorializing Congress on postwar military establish-
ment ................................................................................85, 97, 119, 136, 206, 266 SR 8, Oliver Reeves, appointment confirmed as poet laureate..........................l22, 138 SR 9, Melton, Wightman F., condolence upon the passing o..................................127 SR 11, Chatham county, dinner invitation to state officials................................ 116, 120 SR 13, Gholston, Hon. Knox, invited to address General Assembly........207, 226, 336 SR 17, Joint committee, to investigate conditions at Alto..290, 308, 374, 521, 656, 850 SR 18, East Point, home for American Legion................................................ I032, 1048 SR 23, Atlanta, to construct viaduct over W. & A. railroad........892, 970, 1048, 1143 SR 25, Fulton county commissioners may levy one ad valorem tax.............. I033, 1046 SR 29, Governor Arnall, members of committees in preparing new Con-
stitution, thanked ........................................................................................691, 754 SR 33, State revenue commissioner to sell seized contraband
articles ........................................................................................845, 851, 931, 1080 SR 34, Copy of revised constitution furnished each newspaper in Georgia............ I046 SR 41, DeKalb county, authorized to levy tax for school purposes......971, 1013, 1099 SR 48, Joint committee to continue its force and effect at Alto.................... l079, 1095 SR 49, Allowance and per diem of secretary and clerk.................................. I078, 1096 SR 50, Governor requested to suspend operation of naval stores inspection fee .... 1078
SR 55, Study bills in connection with distribution of highway funds............ 1132, 1144
SR 56, Adjournment of General Assembly..............................................l133, ll35, 1168

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
State of Georgia
AT THE
Adjourned Session
OF THE
GENERAL ASSEMBLY
Commenced at ATLANTA, MONDAY, JANUARY 14, 1946
BowEN PRESS
Decatur, Georgia

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1946
ROY V. HARRIS, of Richmond......................................................................SPEAKER FRED HAND, of MitchelL....................................................SPEAKER PRO TEM. P. T. McCUTCHEN, JR., of Fulton................................................................CLERK GEORGE T. BAGBY, of Paulding..........................................ASSISTANT CLERK MRS. RAIFORD GAFFNEY, of Fulton..................................JOURNAL CLERK HERSCHEL L. REID, of CarrolL..............................................MESSAGE CLERK W. E. DIXON II, of Bibb..............................................................READING CLERK JOSEPH M. BRANCH, of Washington..................................................CHAPLAIN HUGH STRIPLIN, of Heard................................................................MESSENGER MARION TOMS, of Quitman............................................................DOORKEEPER

HOUSE JOURNAL

FIFTY-SIXTH DAY ADJOURNED SESSION
JANUARY 14, 1946

Representative Hall, Atlanta, Georgia. Monday, January 14, 1946.

The House reconvened pursuant to adjournment under SR 56 at 10:00 a. m., and was called to order by the speaker.

The invocation was delivered by Dr. Fred Smith, pastor of the First Baptist Church of Bremen, Ga.

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

Adams Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall Arnold Baker Banks Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Brunson Burch Callaway Campbell Cates Chance Chastain Cheek

Cheshire Claxton Connell Conner at Cowart Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Garrison Gary Gaskins Gavin Gibson Giddens

Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hall Hampton Hand Harden Hardy of Hall Hardy of J ack:son Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook: Holleman Holley

6

JOURNAL OF THE HOUSE,

Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kelley Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Lewis Littlejohn Livingston Looper Lovett McCracken McCurdy McNall McWhorter Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding

Matthews of Peach Maund Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Odom Oliver O'Sheal Overby Pannell Parham Parks Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray Riddlespurger Ritchie Rossee Roughton Rowland

Sapp Seagler Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young Mr. Speaker

By unanimous consent the reading of the journal of March 3, 1945 was dispensed with.

The journal was confirmed.

. MONDAY, JANUARY 14, 1946

7

The following certificate of election was read:

DEPARTMENT OF STATE
jOHN B. WILSON, Secretary of State Atlanta
Honorable Roy V. Harris, Speaker of the House of Representatives, State Capitol, Atlanta, Georgia.

Dear Sir:
I hereby certify that an election was held in DeKalb county, Georgia, the 12th day of December, 1945, for the purpose of electing a member of the Legislature, and that the consolidated returns of said election, which are of file in this office, show the following results:

DEIULB COUNTY (To fill unexpired term of Hon. W. L. Broome} Wesley R. Asinoff..................................................................received 371 votes K. S. Culpepper.......---------------------------------------------------------------received 615 votes T. Willis Fowler-------------------------------------------------------------------received 948 votes Newell Jones --------------------------------------------------------------------------received 1920 votes W. Hugh McWhorter..-------------------------------------------------------received 3067 votes J as. T. Persons -------------------------------------------------------------------received '249 votes

Given under my hand and official seal this 9th day of January, 1946.

John B. Wilson, Secretary of State.

Escorted by Messrs. McCurdy and Hubert of DeKalb, Representative-elect Hon. W. Hugh McWhorter of DeKalb County came to the speaker's stand and was administered the oath of office by Justice W. H. Duckworth, of the Georgia Supreme Court.

The following resolutions were read and adopted: HR 143. By Mr. Durden of Doguherty:

JOURNAL OF THE HOUSE,
A RESOLUTION
BE IT RESOLVED by the House that the clerk be and he is hereby instructed to notify the Senate that the House has reconvened in regular session and is ready for the transaction of business.
HR 144. By Mr. Durden of Dougherty:
A RESOLUTION
BE IT RESOLVED by the House, the Senate concurring, that a committee of five, three to be named by the speaker and two by the president of the Senate, be appointed to notify His Excellency, the Governor, that the General Assembly has reconvened in regular session and is ready for the transaction of business.
Under HR 144 the following members of the House were appointed on the part of the House to notify the governor that the House had reconvened in regular session and was ready for the transaction of business: Messrs. Hooks of Emanuel, Brock of Carroll and Lam of Troup.
The following resolution was read and adopted: HR 145. 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 twelve o'clock noon, January 14th, 1946, for the purpose of heari,ng a message from His Excellency, the Governor, and that a committee of five, three to be named by the speaker and two by the president of the Senate, be appointed to escort His Excellency, the Governor, to the joint session.
Under HR 145 the following members of the House were appointed on the pjirt of the House to escort His Excellency, the Governor, to the joint session: Messrs. Smiley of Liberty, Wells of Ben Hill and Weaver of Bibb.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consent:
Mr. Speaker: I ask unanimous consent that during the first part of the period of unanimous
consents at today's session the following be observed as an order of business:

MONDAY, JANUARY 14, 1946

9

1. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions.
Durden of Dougherty, Vice-Chairman.

The following orders were read:
In view of the fact that Hon. W. L. Broome, representative from DeKalb
county, has resigned from the House of Representatives and the Hon. W. Hugh
McWhorter has been elected to fill said unexpired term, it is ordered that Ron. W. Hugh McWhorter be and is hereby appointed as member of the following committees of the House to wit:
Amendments to the Constitution No. 1, Auditing, Aviation, Counties and County Matters, Education No. 1, Engrossing, Game and Fish, General Agriculture No. 1, Georgia State Sanitarium, Industrial Relations, Military Affairs, Motor Vehicles, Municipal Government, Penitentiary, Public Highway No. 2, Ways and Means.
This the 14th day of January, 1946.
ROY V. HARRIS, Speaker of the House of Representatives.

In view of the fact that Ron. W. L. Broome of DeKalb county, chairman of the Committee on Military affairs, has resigned from the House of Representatives, it is hereby ordered that Ron. W. Spencer Connerat of Chatham county be and is hereby appointed chairman of the Committee on Military Affairs.
This the 14th day of Janpary, 1946.
ROY V. HARRIS, Speaker of the House of Representatives.

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

HB 618. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, Roughton of Washington, Connell of Lowndes, Key of Jasper, Smith of Emanuel, Phillips of Columbia, and Ray of Warren:

A bill to be entitled an act to amend the State Hospital Authority to authorize the issuance of $7,000,000 in refunding certificates; and for other purposes.

Referred to Committee on Public Welfare.

10

JOURNAL OF THE HOUSE,

HB 619. By Messrs. Gowen and Gilbert of Glynn, and Alexander, Connerat and MeNall of Chatham:
A bill to be entitled an act to set aside rentals from the Western and Atlantic railroads for the purpose of building ports at Savannah and Brunswick; and for other purposes.
Referred to Committee on State of Republic.

HB 620. By Messrs. Gowen and Gilbert of Glynn, and Alexander, Connerat and . MeNall of Chatham:
A bill to be entitled an act to amend the State Ports Authority Act approved March 9, 1945, to provide for maintenance by the state of a system of state docks; and for other purposes.
Referred to Committee on State of Republic.

HB 621. By Messrs. Connell and Cowart of Lowndes, Herrin of Echols, Gaskins of Berrien, and Greer of Lanier:
A bill to be entitled an act to create the 53rd Senatorial District composed of Cook, Brooks and Berrien counties and reapportion the 6th, 7th and 8th senatorial districts; and for other purposes.
Referred to Committee on Legislative and Congressional Reapportionment.

HB 622. By Messrs. Smith of Emanuel, Ray of Warren, Hand of Mitchell, and Roughton of Washington:
A bill to be entitled an act to exempt gasoline used for agricultural purposes from taxation; and for other purposes.
Referred to Committee on Ways and Means.

HB 623. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton by extending the city limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 624. By Mr. Hand of Mitchell:
A bill to be entitled an act to amend the charter of the City of Pelham to provide a twelve-mill tax for school purposes; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, JANUARY 14, 1946

11

HB 625. By Messrs. Holley, King, and Harris of Richmond:
A bill to be entitled an act creating common trust funds to increase the amount of common trust funds from $25,000 to $50,000; and for other purposes.
Referred to Committee on Banks and Banking.
HB 626. By Messrs. Weaver, Wilson, and Bloodwurth of Bibb:
A bill to be entitled an act to authorize the Commissioners of Bibb county to supplement the salaries of the judges of the Superior Court; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 627. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick to authorize the City Commission to close certain streets; and for other purposes.
Referred to Committee on Municipal Government.
HB 628. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to amend the charter of the City of Athens to make the mayor the chief executive officer of the city; and for other purposes.
Referred to Committee on Municipal Government.

HB 629. By Messrs. Price and Hill of Clarke: A bill to be entitled an act to establish a school of veterinary medicine at the State College of Agriculture; and for other purposes. Referred to Committee on University System of Georgia.
HB 630. By Messrs. Price and Hill of Clarke: A bill to be entitled an act to appropriate $300,000 to establish a school of veterinary medicine at the State College of Agriculture. Referred to Committee on Appropriation.
HB 631. By Messrs. Culpepper of Fayette, Strickland of Pike, Arnold and Swint of Spalding: A bill to be entitled an act to fix the salary of the court reporter 1n the Griffin Judicial Circuit; and for other purposes. Referred to Committee on Special Judiciary.

12

JOURNAL OF THE HOUSE,

HB 632. By Mr. Mason of Morgan:
A bill to be entitled an act to amend the charter of the City of Madison to provide for extension of water mains; and for other purposes.
Referred to Committee on Municipal Government.

HB 633. By Mr. Mason of ~organ:
A bill to be entitled an act to provide for pay to the Board of County Commissioners of Morgan county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 634. By Messrs. Wilson, Bloodworth and Weaver of Bibb:
A bill to be entitled an act to amend the act establishing the Municipal Court of Macon by providing for procedure in the court and methods of appeal; and for other purposes.
Referred to Committee on Special Judiciary.

HB 635. By Mr. Durden of Dougherty:
A bill to be entitled an act to fix fees for clerks of the Superior Courts of this state; and for other purposes.
Referred to Committee on General Judiciary No. l.

HB 636. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act to amend the charter of the City of Cedartown by extending the city limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 637. By Messrs. Weaver and Wilson of Bibb, and Harris of Richmond:
A bill to be entitled an act to require the Highway Department to publish a statement of the highway construction in each county each year; and for other purposes.
Referred to Committee on Public Highway No. l.

HB 638. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the act creating the City Court of Brunswick to provide executions issued not be entered upon execution docket; and for other purposes.
Referred to Committee on Special Judiciary;

MONDAY, JANUARY 14, 1946

13

HB 639. By Mr. Gowen of Glynn:
A bill to be entitled an act to authorize the Georgia Bar Association and Judicial Council to investigate charges of unlawful practice of law; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 640. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to provide for appointment of a conservator for the estates of persons who are missing under circumstances leading to the conclusion that they are dead; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 641. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to revise the laws of Georgia in respect to granting divorces and to provide for trials by the court with or without a jury; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 642. By Messrs. Key of Jasper, Hand of Mitchell, McCracken of jefferson, Smith of Emanuel, Connell of Lowndes, Thompson of Meriwether and Harris of Richmond:
A bill to be entitled an act to define what property shall be exempt from taxation; and for other purposes.
Referred to Committee on Ways and Means.

HB 643. By Messrs. Alexander, Connerat and McNall of Chatham:
A bill to be entitled an act to amend the charter of the Town of Thunderbolt to provide for zoning ordinances and a building code; and for other purposes.
Referred to Committee on Municipal Government.

HB 644. 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 Atlanta by repealing Sections 6 and 7 of the charter approved March 9th, 1945; and for other purposes.
Referred to Committee on Municipal Government.

14

JOURNAL OF THE HOUSE,

HB 645. By Messrs. Alexander, Connerat and McNall of Chatham:
A bill to be entitled an act to amend the charter of the Town of Tybee, to extend the city limits and provide for zoning ordinances; and for other purposes.
Referred to Committee on Municipal Government.

HB 646. By Mr. Crowley of McDuffie:
A bill to be entitled an act to amend the charter of the Town of Dearing to provide for the construction of a system of water work:s; and for other purposes.
Referred to Committee on Municipal Government.

HB 647. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide for the retirement of judges of the criminal and civil courts of Fulton county; and for other purposes.
Referred to Committee on Special Judiciary.
HB 648. By Messrs. Key of Jasper, Connell of Lowndes, Hand of Mitchell, Harris of Richmond, Durden of Dougherty, and Smith of Emanuel:
A bill to be entitled an act to provide a retirement fund for judges of the Superior Court; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 649. By Mr. Gavin of Clayton: A bill to be entitled an act to abolish the officers of tax receiver and tax collector of Clay county and creates the authors of tax commissioner; and for other purposes. Referred to Committee on Counties and County Matters.
HB 650. By Messrs. Hill and Price of Clarke: A bill to be entitled an act to give the Board of Education of Athens the right of eminent domain for acquiring school property; and for other purposes. Referred to Committee on Municipal Government.

HB 651. By Mr. Campbell of Newton:
A bill to be entitled an act to appropriate $75,000 to match federal funds to eliminate bangs and tuberculosis among animals in Georgia; and for other purposes.
Referred to Committee on Appropriations.

MONDAY, JANUARY 14, 1946
HB 652. By Messrs. Weaver, Bloodworth and Wilson of Bibb: A bill to be entitled an act to amend the charter of the City of Macon to give a fee simple title certain property now used by the city; and for other purposes. Referred to Committee on Municipal Government.
HB 653. By Messrs. Matthews of Peach, Lovett of Launns, and Harris of Richmond: A bill to be entitled an act to fix the pay for members of the State Highway Patrol; ~nd for other purposes. Referred to Committee on State of Republic.
HB 654. By Messrs. Hinson of Ware, Evitt of Catoosa, Gowen of Glynn, Fortson of Wilkes, Arnold of Spalding, Cheshire of Colquitt and Sills of Candler: A bill to be entitled an act to provide for pay and subsistence of members of the State Highway Patrol; and for other purposes. Referred to Committee on State of Republic.
HB 655. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the act creating a Board of Examiners of Nurses by lowering the age from 21 to 20 years; and for other purposes. Referred to Committee on Hygiene and Sanitation.
HB 656. By Messrs. Alexander, Connerat and McNall of Chatham: A bill to be entitled an act to establish a legislative charter for the Town of Pooler, in Chatham county; and for other purposes." Referred to Committee on Municipal Government.
HB 657. 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 College Park by raising the salary of the recorder; and for other purposes. Referred to Committee on Municipal Government.
HB 658. By Mr. Durden of Dougherty: A bill to be entitled an act to amend Code Section 64-110 of the code relating to bill of exception and supersedas; and for other purposes. Referred to Committee on General Judiciary No. 1.

16

JOURNAL OF THE HOUSE,

HB 659. By Messrs. Connell of Lowndes, Durden of Dougherty, Hand of Mitchell, McCracken of Jefferson, Ray of Warren, Key of Jasper, Smith of Emanuel, and Gowen of Glynn:
A bill to be entitled an act to provide for the appointment of an Assistant State Treasurer by the State Treasurer; and for other purposes.
Referred to Committee on Appropriations.

HB 660. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to provide absence of an officer or an employee for not exceeding 24 months shall not preclude them from receiving a pension; and for other purposes.
Referred to Committee on Municipal Government.

HB 661. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act by providing for Civil Service in the police and fire departments of the City of Columbus; and for other purposes.
Referred to Committee on Municipal Government.

HB 662. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide that the County Commissioners can assess business licenses in areas outside of incorporated towns in Troup county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 663. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to amend Code Section 113-709 by providing that wills executed in another state and witnessed according to the laws of that state shall constitute muniments of title for transfer of property in this state; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 664. By Mr. Cheek of Franklin:
A bill to be entitled an act to increase the salary of the Tax Commissioner of Franklin county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 665. By Messrs. Jennings and Gammage of Sumter: A bill to be entitled an act to amend the charter of the City of Americus

MONDAY, JANUARY 14, 1946

17

so as to provide for zoning and planning laws; and for other purposes. Referred to Committee on Municipal Government.

HB 666. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to fix the salary of the Ordinary of Fulton county at $9,000 per year; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 667. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize housing authorities to clear slums and acquire real property for redevelopment; and for other purposes.
Referred to Committee on Public Welfare.

HB 676. By Mr. Herndon of Hart:
A bill to be entitled an act to create the office of Commissioners of Roads and Bridges and a Board of Finance, consisting of three members in and for Hart county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 677. By Mr. Willis of Irwin:
A bill to be entitled an act to empower and authorize the taxing authorities of the several counties of this state to levy a tax for the purpose of employing and paying the salaries of the county agents and/or home demonstration agents; and for other purposes.
Referred to Committee on Ways and Means.

HB 678. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah and several acts amendatory thereof and supplementary thereto incorporating the mayor and aldermen of the City of Savannah by authorizing the mayor and aldermen to extend water jurisdiction of the City of Savannah within the confines of Chatham county; and for other purposes.
Referred to Committee on Municipal Government.

HB 679. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, authorizing the mayor and council of said municipality to improve sidewalks within the corporate limits of said municipality; and

18

JOURNAL OF THE HOUSE,

for other purposes. Referred to Committee on Municipal Government.

HB 680. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to provide in every county in the State of Georgia having a population of not less than 86,000 and not more than 90,000, no person, firm, or corporation shall sell at either wholesale or retail, give away or distribute any fireworks in said county without first having obtained a license to sell or distribute fireworks from the Commissioner of Roads and Revenue of such county, or other governing body of said county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 681. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, so as to authorize said municipality to enact zoning and planning ordinances; and for other purposes.
Referred to Committee on Municipal Government.

HB 682. By Messrs. Hubert and McWhorter of DeKalb:
A bill to be entitled an act authorizing the installation of photostatic equipment and other photographic equipment in the office of the clerk of the Superior Court of DeKalb county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 668. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act establishing the Civil Court of Fulton county by providing a uniform cost bill; and for other purposes.
Referred to Committee on Special Judiciary.

HB 669. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide for holding four terms a year of the Superior Court of Troup county; and for other purposes.
Referred to Committee on Special Judiciary.

HB 670. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend an act entitled Department of Forestry-Expenditures of Federal Funds; and for other purposes.

MONDAY, JANUARY 14, 1946

19

Referred to Committee on University of Georgia and its branches.

HB 671. By Messrs. Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia, providing for the extension corporate limits of the City of Columbus; and for other purposes.
Referred to Committee on Municipal Government.

HB 672. By Messrs. Etheridge and Ken'drick and Mrs. Mankin of Fulton:
A bill to be entitled an act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester; and for other purposes.
Referred to Committee on Municipal Government.

HB 673. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, providing for the recording and publication of ordinances of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 674. By Messrs: Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, relating to the power of the city to furnish local service; and for other purposes.
Referred to Committee on Municipal Government.

HB 675. By Mr. Herndon of Hart:
A bill to be entitled an act to repeal an act creating a Board of Commissioners of Roads and Revenue of the County of Hart; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 683. By Mr. McCurdy of DeKalb:
A bill to be .entitle!L an act to amend the Building .aad .Loan Act _so .as .to enable building and loan associations to make loans to veterans under the Service Men's Readjustment Act of 1944; and for other purposes.
Referred to Committee on Special Judiciary.

liB 684. By Messrs. McCurdy and Hubert of DeKalb:

20

JOURNAL OF THE HOUSE,

A bill to be entitled an act to provide the purposes for which county taxes can be levied and to repeal conflicting code sections; and for other purposes.
Referred to Committee on Ways and Means.

HB 685. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to amend the act creating a public school system for the City of Waycross, Georgia; and for other purposes.
Referred to Committee on Muni!:ipal Government.

HR 146-619A. By Messrs. Harris of Richmond, Gowen of Glynn, Hand of Mitchell, and others:
A resolution authorizing additional allotment of funds for highway construction, teachers' salaries, textbooks, health, tuberculosis hospital, institutions maintenance, and perma11ent improvements and welfare benefits; and for other purposes.
Referred to Committee on Appropriations.

HR 147-62la. By Messrs. Gowen of Glynn, Harris of Richmond, Hand of Mitchell, and others:
A resolution proposing to amend the State Constitution to provide for a constitutional State Highway Department.
Referred to Committee on Amendments to the Constitution, No. 1.

HR 148-624a. By Mr. Gowen of Glynn:
A resolution authorizing allotments from the State Emergency Fund to the State Ports Authority; and for other purposes.
Referred to Committee on State of Republic.

HR 149-633a. By Messrs. Harris, King and Holley of Richmond:
A resolution authorizing the director of the Department of Forestry to lease certain lands to Richmond county; and for other purposes.
Referred to Committee on Conservation.

HR 150-641a. By Mr. Alexander of Chatham:
A resolution authorizing the State Properties Commission to sell a tract of unused marsh land on McQueens Island, in Chatham county, Georgia; and for other purposes.
Referred to Committre on Public Property.

MONDAY, JANUARY 14, 1946

21

HR 151-664a. By Messrs. Gowen and Gilbert of Glynn:
A resolution authorizing the governor to execute a deed to certain lands in Glynn county to Boys Estate, Incorporated, to be used for a home for underprivileged boys; and for other purposes.
Referred to Committee on Public Property.

HR 152-653a. By Mr. Strickland of Pike:
A resolution providing for an amendment to the Constitution of the State of Georgia pertaining to the withdrawal of money from the State Treasury and the purpose to which money paid into the State Treasury may be devoted; and for other purposes.
Referred to Committee on Amendments to the Constitution No. 2.

HR 153-659a. By Messrs. Shields, Holleman and Young of Muscogee:
A resolution naming a part of the four-lane super highway that runs south from Columbus and through Fort Benning, "Victory Drive"; and for other purposes.
Referred to Committee on Public Highways No. 1.

HR 155-679a. By Messrs. Jennings of Sumter, Lovett of Laurens, Chance of Twiggs, and others:
A resolution proposing an amendment to the Constitution of the State of Georgia, for ratification or rejection, and amendment to the Constitution of the State of Georgia further defending and protecting the civil rights of the citizens and the inhabitants of the State of Georgia; and for other purposes.
Referred to the Committee on Amendments to the Constitution No. 1.

HR 156-680a. By Messrs. Dorsey of Cobb, Hogg of Marion, and Lewis of Hancock:
A resolution authorizing the payment of a pension to E. B. Moore, former clerk of House of Representatives; and for other purposes.
Referred to Committee on Pensions.

HR 157-680b. By Messrs. Hardy and Lancaster of Hall:
A resolution authorizing the Budget Bureau tiJ pay H. E. Terrell, Jr., $4,404.75 as reimbursement for hospital and medical bills incurred as a result of injuries while instructor at the University of Georgia Aviation School ; and for other purposes.

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Referred to Committee on Special Appropriations.

HR 158-685a. By Messrs. Wilson and Weaver of Bibb, and Harris of Richmond.:
A resolution directing the State Highway Commission to prepare and publish a statement of the number of miles of highways paved in each county of the state each year and the amount spent in each county; and for other purposes.
Referred to Committee on Highways No. 1.

The following resolution was read and adopted:
HR 154. By Mr. Price of Clarke:
A RESOLUTION
WHEREAS, since the last session of the General Assembly of the State of Georgia, our commonwealth has sustained a great loss through the death of Chancellor Steadman V. Stanford of the University System of Georgia.
WHEREAS, it is meet and proper that this General Assembly take the official notice of the passing of that great educational leader and record a merited tribute to his useful life. He was brilliant in interlect, firm in conviction, broad in vision and indomitable in energy; he devoted a long life in loyalty and affection to the improvements of conditions in his native state, and left as his imperishable monument an educational system of advancing power and effective service to which he made conspicuous and lasting contributions.
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA, the Senate concurring, that this tribute be spread upon the minutes of both Houses of this General Assembly, in session assembled, and that copies of this tribute be sent to the widow of the distinguished Georgian, and to the heads of all of the schools and colleges of the University System of Georgia.

The following committee report was read:
We, the committee appointed by the speaker of the House and president of the Senate, to notify His Excellency, Governor Ellis Arnall, that the Legislature is in session and ready for business, beg leave to report that His Excellency, the Governor, has been so notified and that His Excellency sends greetings to both the Senate and House of Representatives and hopes that business will be conducted with dispatch and that this session of the Legislature will be harmonious in every respect.
Signed by:
Stone of 15th district, Member of the Senate,

MONDAY, JANUARY 14, 1946

23

Yawn of 48th district, Member of the Senate,
Brock of Carroll County, Member of the House,
Hooks of Emanuel County, Member of the House,
Lam of Troup County, Member of the House.

The following was read from the Committee on Rules:
Mr. Speaker:
Your Committee on Rules has had under consideration the matter of making a calendar, and recommends that the order of business set forth therein be established beginning immediately.
Durden of Dougherty, Vice-Chairman.

The following report from the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar of business for the House has established the following as a special and continuing order of business, to wit:
HB 361. County zoning bill. HB 368. City zoning bill. HB 464. Limiting access to highway facilities. HB 479. Plea of nolo contendere. HB 484. Limiting amount of federal farm loan bonds subscribed by banks. HB 352. Providing for conversion of fraternal benefit societies in insurance companies. HB 362. Authorizing municipalities and counties to operate parking places. HB 436. Relating to choses in action.
Respectfully submitted, Durden of Dougherty, Vice-Chairman.

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The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the House to wit:
HR 144. By Mr. Durden of Dougherty:
A resolution by the House, the Senate concurring, that a committee of five, three to be named by the speaker and two by the president of the Senate, be appointed to notify His Excellency, the Governor, that the General Assembly has reconvened in regular session and is ready for the transaction of business.
The president has appointed on the part of the Senate:
Senators Sabados of the lOth and Yawn of the 48th.
HR 145. By Mr. Durden of Dougherty:
A resolution by the House, the Senate concurring, that the General Assembly convene in joint session in the Hall of the House of Representatives at twelve o'clock: noon January 14th, 1946, for the purpose of hearing a message from His Excellency, the Governor, and that a committee of five, three to be named by the speaker and two by the president of the Senate, be appointed to escort His Excellency, the Governor, to the joint session.
The president has appointed on the part of the Senate:
Senators Battle of the 13th and Johnson of the 24th.
The speaker presented to the House General Marvin Griffin, Adjutant-General of Georgia, who briefly addressed the House and introduced the following distinguished visitors: Capt. E. E. Oliver, Lt. E. M. Lam, Lt. B. T. Abbot and Lt. C. G. Shepherd, Jr., of the l2lst Infantry Regiment; Miss Mary Louise Cobb, of the State Historical Department, and Miss Lauta Averett, of Ashburn, Georgia, the Gray Bonnet Girl.
The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
I am instructed by the Senate to notify the House that the Senate has reconvened in regular session and is ready for the transaction of business.
Under the established order of business, the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 361. By Messrs. Hand and Twitty of Mitchell:

MONDAY, JANUARY 14, 1946

25

A bill to be entitled an act to authorize the governing authority of the several counties of this state to enact zoning and planning ordinances and regulations, to provide the procedure for zoning and planning, to provide for the establishment of planning boards and boards of adjustment; and for other purposes.

The time for convening of the joint session having arrived, the Senate appeared on the floor of the House and was admitted.
President Gross of the Senate called the House to order.
The secretary of the Senate read the resolution calling for the joint session.
The governor appeared on the floor of the House with his committee of escort and was escorted to the speaker's stand, where he addressed the House as follows:

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

As I come to report to you and to the people upon three years' stewardship and to make recommendations to you, it is with the full knowledge that we have moved into a new era of world, national and state affairs. We are thankful of the victory bought for our nation by the blood of valiant men, by the sweat of those who toil on farm and in workshop, by the tears of those who gave sons and husbands and brothers that this nation might live.

This is the first time during my administration that the General Assembly has convened when our nation was not at war. We are now entering times that will be perilous to our nation and state. After World War I, there came a period marked by bitter cynicism on the part of youth, by political shysterism on the part of those in high office, by a disdainful attitude toward the elementary principles of sound economics, by a callous ruthlessness that rotted our social fabric. The seeds of disaster were sown in the first years after 1918. We reaped the bitter fruit; economic disaster, a prolonger world depression, and eventual war more costly in human lives, human suffering and material wealth than any ever waged before.

Postwar periods are always dangerous periods. They are dangerous to the orderly conduct of public affairs. The unity of war time tends to dissolve and cliques and factions spring up and abound. Public interest in government relaxes. A great backlog of public needs, brought about by the suspension of normal activity during the war, is present. The postwar era of catching up on public works and services becomes an invitation to the unscrupulous to loot the public treasury.

Three years ago, in Georgia, we determined that we would be prepared for thl" impact of peace. Toward this goal, this administration, with the cooperation of thl" General Assembly, has worked unceasingly.

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It was our fundamental thesis that Georgia, with its wealth of human and natural resources could not, must not and would not accept the status of a secondclass state, a colonial appendage to other more prosperous and favored sections of our common country.

It was obvious to all of us that poverty in the midst of plenty, that scarcity in the midst of our great resources was unnatural. It was evident that Georgia needed, first of .all, opportunity to develop its industrial and agricultural economy without interference or obstruction. It was also evident that the state needed additional public services stable state finances, improved educational and health facilities if we were to expand industry and agriculture, raise the standard of living of our people and promote their happiness, prosperity and welfare.

It was recognized throughout America, early in the war, that the strategic and economic liability of a too centralized industrial establishment was too great.

We recognized, in Georgia, that our basic handicap in the development of new industries and in the profitable expansion of our agriculture along diversified lines was an outgrowth of the iniquitous freight rate differential that levied a huge hidden tariff upon our southern economy. Accordingly, Georgia filed its now historic suit in the Supreme Court of the United States.

I am happy to report to the General Assembly that, since the last regular session of this body, the Supreme Court has upheld Georgia's basic contentions in a farreaching opinion that ultimately must end the freight rate cartel and smash the transportation monopoly.

Within a short time, Georgia will present its case befl'ne the distinguished expert named by the Supreme Court to hear the evidence.

The efforts of the monopolists and their sectional allies will fail to defeat Georgia's effort for fair economic treatment, whether by means of injunction against the beggardly relief granted by the Interstate Commerce Commission, as a result of its dusting off a decade-old rate case after Georgia's suit was filed, or by means of the infamous Bulwinlde Bill to legalize conspiracies for transportation companies.

We are going to win that fight, in spite of their big lawyers, their artful lobbyists, their political allies on Wall Street and their Southern Quislings. And when it is won, our economic pattern will readjust itself to the tremendous advantage of every manufacturer, every farmer, every worker, every merchant and every person in the South.

But it was equally evident to all of us that Georgia must put its own house in order, if the state government were to be in position to provide those services that are necessary in a progressive commonwealth.

MONDAY, JANUARY 14, 1946

27

The first step was the restoration of orderly constitutional government in our state. The 1943 Assembly abrogated the authority of the governor to remove elective officials from office and eliminated his power to strike the names of individual state employees from the budget. The governor's authority over the Game and Fish Commission was removed and this agency was made constitutional. The Highway Patrol was freed of politics. The misuse of clemency was curbed through the creation of a constitutional Board of Pardons and P'aroles. The penal system, lonj!: an eye-sore to our state, was reformed and reorganized.

These reforms represented the elimination of abuses. There are others that represent very great advances for our state.

Georgia has been mindful of the obligation it owes to those who fought for our common country.

It is a source of great pride to me for our state when I hear returning service men say that Georgia had the most effective soldiers ballot act a~ong all the fortyeight states and that Georgia was applauded as being the only state recognizing that eighteen-year-olds were not only old enough to fight but were old enough to vote.

We are endeavoring to safeguard the rights of the returning veterans through a constitutional Veterans Service Department, a creation of this Assembly, an agency that is staffed by veterans, controlled by veterans and dedicated to serving veterans of our country's wars.

Last week a compliment was paid to Georgia by the national commander of one of the great veterans organizations when he said that Georgia had the most effective program for reemployment, for education and for rehabilitation of veterans of any state in the Union.

Georgia recognized the state's responsibility for the development of our resources. The State Port Authority has been created. The Agricultural and Industrial Development Board has been established. Its surveys of educational and health requirements, its studies of the agricultural, governmental, recreational and industrial needs and possibilities, its surveys of public works projects, have already achieved outstanding results. More than 300 new industrial establishments have been set up in our state in the reconversion period.

This Legislature, a year ago, recognized the need for a complete overhaul of the State Constitution, a recommendation of the preceding Assembly, which had provided a revision commission to study the entire problem and submit its findings for legislative sanction. The new Constitution gives our state many admirable reforms, retains all that was traditional in our previous basic law, and eliminates many inconsistencies that arose from the frequent amending of a too rigid and inflexible document. The new Constitution contains many salutary governmental reforms. Among others, the broadening of the franchise right.

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The people of Georgia approved overwhelmingly the new Constitution that you wrote. It is a monument to the progressive spirit of this Assembly.

In the field of education Georgia's advance has been phenomenal. The work in vocational education is outstanding in the nation. Georgia's program for rehabilitation of the physically handicapped is the best in the entire country, and in this connection, Georgia has pioneered in providing a practical program for the returning veterans.

Today Georgia stands fourth in the nation in the percentage of funds provided for schools by the state; once we stood 47th. Of thirty-three million dollars total expenditure for common schools, the State paid $21,348,000.00 last year. This does not include $3,271,000.00 for the University System. Nor one million dollars for teacher retirement, which together amounts to an all-time high of $25,619,000.00 for education.

Georgia stands first in the whole nation in the percentage of total state income devoted to education. In 1935, ten years ago, Georgia's state government gave the common schools $7,283,000.00, which is hardly one-third of what they now get. In the year before the present state administration took office the schools got $15,500,000.00; with your help we have already increased school expenditures approximately fifty per cent in three years time.

Many of you can remember when the school term was five months, then six, then seven, then eight and finally increased to the nine months' school year. This administration is proud of the fact that already by your direction it has added two months' extra compensation toward the full twelve months' school program.

In 1943 Georgia's schools were freed from political interference. A state constitutional Board of Regents and a state constitutional Board of Education were created. Provision was made for the continuation of the .school lunch program, the library system became an integral part of the school program, teacher retirement ceased being a promise and became a reality, and the trade school program was inaugurated. These were realistic measures, based on the fundamentals that hungry children cannot study, that reading is not much of an accomplishment without something to read, and that teachers who faced retirement without some financial security cannot retain their enthusiasm for their profession.

The 1945 General Assembly provided the money to activate the teacher retirement system, enacted new census and compulsory school attendance laws, and provided for an adult education program for our war veterans.

But one of the greatest accomplishments was the provision contained in the new State Constitution, written by the 1945 Legislature, which will open up broader educational opportunities for our boys and girls by allowing local units of government to have better schools if they want them.

MONDAY, JANUARY 14, 1946

29

It is obvious that even greater support must be provided through state financing if we are to have the kind of schools necessary to give every child in Georgia the educational opportunity that is deserved. But let me divert to say that the local units of government must also increase their support to their schools. There is no reason why this cannot be done. It was made possible under the new State Constitution. Nothing in the entire history of school financing has been as important as the provision of the new Constitution which allows a county-wide tax levy of fifteen mills for school purposes. If the local units of government had increased or will increase their allotments to educate even one-half as much as the state allotments have been and will be increased, Georgia can have the best schools in the entire nation.
School teachers deserve to be paid for a full year. It has always been one of my ambitions for our state and for my administration to see the school teachers of Georgia paid for twelve months each year-paid in cash, not in credit and not in promises.

We take pardonable pride in recounting the fact that during this administration every school teacher has been paid on time, in cash, and without the state being forced to borrow a single penny to pay the teachers.

Teachers also are entitled to be treated as human beings. They ought not to be made into community drudges, to perform every odd job that needs to be done but that is too tedious or onerous or tiresome for somebody else to do. They ought not to be subject to rules and restrictions that set them apart from the communities of which they are a part. They ought not to be warned against indulgence in even the most innocent amusement. They ought to be a part of the whole life of the town or county where they live, not a group of whom much is expected and to whom little is returned except a few perfunctory platitudes about the sacredness of their trust and the probable reward, in terms of satisfaction, that might be obtained by a long selfsacrifice. Platitudes of that kind neither pay bills nor make teachers feel a part of the communities they live in. The least, and the most, that we can do for a teacher is to treat the teacher as a human being. What Georgia has done for education is an example of putting emphasis on first things first. We are all proud of what has been done. We must do more.

In 1943, when this administration took office, Georgia was heavily in debt. To-

day for the first time in more than one hundred years a governor can report to the

Legislature that Georgia is solvent. We have cash on hand to redeem every bond

or other obligation outstanding and every dollar of the floating debt has been paid.

We will burn every evidence of Georgia's past bonded indebtedness publicly at the

dose of the present fiscal year. In addition to making provision for the payment of

the $35,961,630.38 debt that was owed when I took office, we have increased the
a reserve in the revolving fund and provided a reserve to match all available f~deral
grants for highways. In addition, on January 1, 1946, our state had surplus of

$591,230.09. We have been paying off state bonds floated in 1838. We are paying

off indebtedness not due until 1968.

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To pay these debts, we have resorted to business-like principles and rigid economy. Some of the economy has been distasteful. There was, at one time, a certain amount of good-humored but somewhat trenchant complaint, including stories that we put up signs over the wash basins saying, "Georgia is in debt. Please do not use two paper towels when one will do." I really do not think we got to the point where anyone suffered from the acute shortage of paper towels, pencils or drinking cups, but we did practice a degree of economy not always practiced before.

The result of economy and business management speaks for itself. Georgia's state government is completely solvent for the first time in more than one hundred years. Not since the original Western and Atlantic bonds were issued in 1838 to build the State Railroad has there been no floating debt.

This enviable financial condition is an achievement in which all members of the General Assembly and state officials share and in which all can take just satisfaction. The administration and the Budget Bureau have had the finest cooperation from every department of the state government. Especially do I desire to thank your Auditor, B. E. Thrasher, Jr., for his work. The Legislatures of 1943 and 1945, by giving Georgia the best system of budgetary control of any state in the Union, deserve the gratitude of the people. This debt-free condition is also an opportunity and a challenge. It offers Georgia the opportunity to start fresh, without a burden of interest and retirement charges upon its budget, to outline a long-range program for the development of needed services to our citizens.

It also offers an opportunity for Georgians to keep watch over their state treasury. It will not be possible for someone in the future to juggle accounts and pretend to practice economy while shifting the debt burden from one agency to another. The people can see plainly from the State Auditor's quarterly balance sheets precisely the condition of our state government. Alibis will be unavailing.

But a debt-free state is also an invitation to the unscrupulous. A solvent state treasury has been the temptation for looters in times past in more than one state. This is especially true in a period when there must be a rapid expansion of services and a considerable program of public works. The greedy, the unscrupulous, the corrupt will be always with us in such times. They invaded the national capital after the last war, with their parties at little green houses, with their little black satchels, and with the scandal of Elks Hill and Teapot Dome. They even stole the sheets from the beds in veterans hospitals.

Any relaxation of vigilance in watching state expenditures will be an invitation for them to invade Georgia. Any relaxation of our admirable budgetary system, with its Budget Commission made up of its governor elected by the people and the state auditor named by the General Assembly, will result in calamity for our state and the undoing of all our work to institute business control and economy, in the creation of a new load of debt for the people of Georgia and in the undermining of good government throughout our state.

MONDAY, JANUARY 14, 1946

31

But our people live in the present and think about the future with more interest than they do about the past. So let me tell you some of the things that we hope to do for Georgia and for which we ask your approval and concurrence.

As you know, I have pledged the people of Georgia that I will veto any bill levying increased taxes. But, fortunately, because of present conditions, the strengthening of revenue collecting machinery, changes in warehouse service charges, increased gasoline consumption, adjusted valuations on property returns, and other administrative procedures, it now appears that the financial structure of our state will be materially improved in spite of anticipated loss from income taxes. We estimate that in the next fiscal year the state will collect an additional ten million dollars.

It is my recommendation that you authorize the allotment of these additional funds to increase and expand state services in the following amounts for the following designated purposes:

A million and a half dollars for providing the school teachers an additional month's salary so as to place the teachers on a twelve months' guaranteed year-' round basis.

A million dollars for library and textbooks for the school children of our state to be comprised of $600,000.00 additional funds to augment the $400,000.00 per year now provided.

A million five hundred thousand dollars for the purpose of providing additional
funds to enable the Department of Public Health to cooperate with each county of
the state that desires to establish health facilities under the Ellis Health Law; to
allow the department to establish a corps of trained personnel to cooperate with the county health departments in the eradication of disease and to provide for a traini~g program for health employees.

A million dollars for the purpose of expanding the facilities of the present tuberculosis hospital or to utilize and operate. any hospital that may be obtained by the State Department of Public Health for the treatment of tuberculosis.

A million and a half dollars for the purpose of providing additional funds to the state institutions for the expansion of facilities, employment of trained personnel, providing additional clothing and food for the patients and inmates and for the general maintenance of the institutions and the welfare of the patients.

Two million dollars for the purpose of establishing a permanent annual improvement and building fund for the state colleges and eleemosynary institutions.

A million dollars for providing additional funds to match federal money available to increase the aid to the aged, blind, dependent and crippled children. An addi-

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JOURNAL OF THE HOUSE,

tiona! million dollars will come from the Federal Government, so this mcrease will amount to two million dollars.

These sums aggregate $9,100,000.00 Any additional funds that may accrue should be used for the expansion of our park facilities, enlargement of the State Patrol, the perfection of a farm market program, the expansion of the Veterans Service Department, and other essential services.

Moreover, it is my recommendation that $5,790,512.58 for tbe period ending June 30, 1946, and $11,581,025 00 for each fiscal year thereafter, be set aside from available funds to match federal highway funds for a road construction program of approximately eighty million dollars over the next three-year period. .

This program of enlarged public services, largely formulated by Speaker Harris, if adopted by the General Assembly will push forward state activities more rapidly than ever before and will result in great benefit to the people of Georgia. No added taxes will be necessary. It can be done with money on hand and in sight.

I want to pay tribute not only to this splendid General Assembly but also to the finest presiding officers ever to aid a governor in making good on his promises to the people. Without the invaluable assistance of President Gross and Speaker Harris, the administration could not have succeeded in putting across its legislative program. To them I am deeply indebted. Let me particularly call your attention to the enterprise, loyalty and able leadership of Speaker Harris, who not only has stood by me in all matters I have discussed with him and on which I have asked his help, but who also has brought forward the program of expanded services which I am asking you to adopt and approve at this session. Without his advice, guidance and assistance, and that of President Gross, the administration could not have possibly done the job that has been accomplished.

In order to effectuate certain provisions of the new Constitution it will be necessary for the General Assembly to enact supplementary legislation. It is my recommendation that the Assembly set up a Merit System and Home Rule as directed by the new Constitution; that consideration be given to clarifying the status of local school trustees, the issuance of bonds by counties and municipalities, the authorization of local governments to provide zoning and planning laws; the creation of the senatorial districts authorized by the new Constitution so as to more fairly give representation to the people; clarifying the law relating to divorce; and providing the constitutional State Board of Corrections with duties and responsibilities.

It is my suggestion that the General Assembly give consideration to legislation authorizing refunds to farmers on gasoline used in farm tractors. If we are to mechanize the farm, it is important that we make proper provision for a refund of a part of the gasoline ta-x to farm tractor users.

MONDAY, JANUARY 14, 1946

33

It is my recommendation that the Assembly submit to the people proposals creating constitutional agencies to be placed in charge of highways, welfare and public health. A Child Labor Law should be enacted. The Port Authority Act requires supplementary legislation. Our state military establishment should be strengthened. Consideration should be given to the fees and compensation scale authorized to county officers, which require adjustment. In order to obtain federal funds for health and hospital work it may be necessary to enact measures which will qualify Georgia to receive such federal funds.

It is my suggestion that a commission be created to memoralize the late distinguished Charles H. Herty, scientist, and famous son of Georgia. It is my recommendation that a Georgia Warm Springs Roosevelt Memorial Commission be established with the duty and responsibility of memorializing our late President in a suitable manner. President Roosevelt loved Georgia and the people of Georgia loved him. The measure creating the commission should authorize funds for the expense of the memorial. The Little White House will be given to the state as a shrine by the Georgia Warm Springs Foundation.

There is one final matter. That is the question of the right of the people to reelect their chief executive. The incumbent governor is the only person in Georgia, above the age of 30 and not convicted of crime, who cannot be chosen by the people to serve as chief executive of our state. This provision of law restricting the people in their right of election is undemocratic. If the General Assembly submits legislation to remove this restriction, I will be a candidate. If elected, I will serve. If the people don't want me to serve, it is their right to say so.

It is my hope and belief that we will have a beneficial and harmonious session. We have admirable presiding officers of the Senate and House. We have a splendid General Assembly. It is my trust that this Legislature will act so as to merit the full support, confidence and appreciation of the people of Georgia.

Mr. Durden of Dougherty moved that the joint session do now dissolve, the motion prevailed and the president of the Senate announced the joint session dissolved.
The speaker called the House to order.
Mr. Durden of Dougherty moved that the House do now adjourn, the motion prevailed and the speaker announced the House adjourned until tomorrow morning at 10:00 o'clock with HB 361 going over as unfinished business.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, January 15, 1946.

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 scripture reading and prayer by Dr. Fred Smith, pastor of the First Baptist Church of Bremen, Ga.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the report of the reading of yesterday's journal was dispensed with.
The journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consent:
I. Introduction of bills and resolutions.
2. First reading 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/or resolutions were introduced, read the first time and referred to the committees:

HB 686. By Mr. Thompson of Meriwether:
A bill to be entitled an act to establish a new charter for the City of Warm Springs; and for other purposes.
Referred to Committee on Municipal Government.

HB 687. By Messrs. Battle and Miller of Decatur, Strickland of Pike, and Manous of Cherokee:
A bill to be entitled an act to fix the open season for shooting doves in the southern part of the state in the months of January and February; and for other purposes.
Referred to Committee on Game and Fish.

HB 688. By Mr. Boyington of Union:
A bill to be entitled an act to create a new charter for the City of Blairsville; and for other purposes.
Referred to Committee on Municipal Government.

HB 689. By Messrs. Brooke and Britton of Whitfield:

TUESDAY, JANUARY 15, 1946

35

A bill to be entitled an act to provide that a total divorce can be granted upon the verdict of one jury; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 690. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend motor common carriers act by limiting the granting of certificates where another carrier is already the holder of a certificate; and for other purposes.
Referred to Committee on Motor Vehicles.

HB 691. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Jacksonville, in Telfair county, by extending the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 692. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide for a deputy clerk of the Superior Court of Telfair county and fix the salary; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 693. By Mr. Adams of Wheeler:
A bill to be entitled an act to provide for the disposition of fines and forfeitures in the Superior Court and ordinaries traffic courts in Wheeler county; and for other purposes.
Referred to Committee Qn Special Judiciary.

HB 694. By Mr. Hicks of Floyd:
A bill to be entitled an act to regulate commercial colleges and business schools and to provide a State Board of Control; and for other purposes.
Referred to Committee on University of Georgia and its branches.

HB 695. By Messrs. Wilson, Weaver and Bloodworth of Bibb, and Bloodworth of Houston:
A bill to be entitled an act to require premarital examination for venereal disease of each applicant for a marriage license; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

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JOURNAL OF THE HOUSE,

HB 696. By l.Hessrs. Kennimer of Harris, Hatchett of Meriwether, and Lam of Troup:
A bill to be entitled an act to provide that the Courts of Ordinary shall try and impose sentences for violation of the compulsory school attendance law; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 697. By Messrs. Connerat, Alexander and MeN all of Chatham, Guyton of Effingham, and Smith of Bryan:
A bill to be entitled an act to provide for a 54th Senatorial District to be composed of Bryan, Effingham, and Tatnall counties; and for other purposes.
Referred to Committee on Congressional and Legislative Reapportionment.

HB 698. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide that verified copies of medical reports shall be sent by the employer or insurance carrier to each claimant and to the State Board of Workmen's Compensation; and for other purposes.
Referred to Committee on Industrial Relations.

HB 699. By Messrs. Battles and Miller of Decatur, Strickland of Pike and Manous of Cherokee:
A bill to be entitled an act to amend Code Section 92-6903 by providing that county board of tax assessors shall be elected by the grand jurors of each county instead of as now appointed; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 700. By Mr. Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Rome to to provide for a retirement plan for city employees; and for other purposes.
Referred to Committee on Municipal Government.

HB 701. 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 civil service for city employees; and for other purposes.
Referred to Committee on Municipal Government.

HB 702. By Mr. Harrison of Jenkins: A bill to be entitled an act to provide for the destruction of unsold revenue

TUESDAY, JANUARY 15, 1946

37

certificates by counties of political subdivision; and for other purposes. Referred to Committee on Special Judiciary.

HB 703. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide for the venue of suits against foreign insurance companies and the method of service; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 704. By Messrs. Weaver and Bloodworth of Bibb, and Bloodworth of Houston:
A bill to be entitled an act to amend the general tax act to define government war bonds issued after December 7, 1941; and for other purposes.
Referred to Committee on Ways and Means.

HB 705. By Messrs. Young of M uscogee, Littlejohn of Floyd, Ansley of Lee, Hall of Treutlen, and Morrison of Montgomery:
A bill to be entitled an act to amend Code Section 92-2902 by increasing the fee for truck trailers or semi-trailers in this state; and for other purposes.
Referred to Committee on Motor Vehicles.

HB 706. By Mrs. Mankin and Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the charter of Hapeville by extending the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 707. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide for the venue of suits, citation for settlement, accounting or removal, against non-residence administrators and executors appointed by any court of this state; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 708. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Milan to appoint a city treasurer and provide for the election of a successor and fixing his bond; and for other purposes.
Referred to Committee on Municipal Government.

HB 709. By Messrs. Alexander, Connerat and MeN all of Chatham, Fortson of Wilkes, Williams of Ware, Connell of Lowndes, Banks of Lamar, and

38

JOURNAL OF THE HOUSE,

Smiley of Liberty:
A bill to be entitled an act to appropriate $500,000 to match federal funds for the construction of armories for the Georgia National Guards; and for other purposes.
Referred to Committee on Appropriations.

HB 710. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville to extend the city limits; and for other purposes.
Referred to Committee on Municipal Government.

HR 711. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville to provide a referendum on the construction of a water works system; and for other purposes.
Referred to Committee on Municipal Government.

HB 712. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend Code Section 84-1313 relative to qualifications for applicants as pharmacists and provide new qualifications by requiring twelve months experience after graduataion from a school of pharmacy; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 713. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend an act approved March 2, 1945 (Acts 1945, pp. 829-830) regarding the qualifications of the solicitor of the County Court of Clinch; and for other purposes.
Referred to Committee on Special Judiciary.

HR 159-699a. By Mr. Hall of Treutlen:
A resolution directing the governor to reconvey to James Fowler certain land in Treutlen county; and for other purposes.
Referred to Committee on Public P'roperty.

HR 161-700a. By Mr. Greene of Crisp:
A resolution proposing to establish a memorial park for Georgia veterans; and for other purposes.

TUESDAY, JANUARY 15, 1946

39

Referred to Committee on Veterans Affairs.

HR 162-701a. By Mr. Willoughby of Clinch:
A resolution authorizing the Commissioners of Clinch county to contribute $5,000 toward the construction of a Veterans Recreation Home; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 163-702a. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution ratifying the rules adopted by the Supreme Court for admission of the genuineness of documents and for pretrial conference in cases in courts; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HR 164-703a. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution to ratify rules adopted by the Supreme Court for practice and procedure for repeal or review in cases; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HR 165-704a. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution to ratify rules adopted by the Supreme Court governing procedure, pleading and practice in civil proceedings in the courts of this state, and for other purposes.
Referred to Committee on General Judiciary No. 2.

Mr. Pittman of Bartow 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 resolution of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HR 147-621a. Do Pass
Respectfully submitted,
Pittman of Bartow, Chairman.

~Hr. Bloodworth of Bibb county, chairman of the Committee on Municipal Government, submitted the following report:

40

JOURNAL OF THE HOUSE,

Mr. Speaker: Your Committee on Municipal Government have had under consideration the
following bills of the House and have instructed me as chairman, to report the same back to the House with the following recommendations:
HB 672. Do Pass HB 623. Do Pass HB 624. Do Pass HB 627. Do Pass HB 628. Do Pass HB 632. Do Pass HB 636. Do Pass HB 656. Do Pass HB 657. Do Pass HB 660. Do Pass HB 673. Do Pass HB 674. Do Pass HB 678. Do Pass HB 679. Do Pass HB 681. Do Pass HB 685. Do Pass HB 643. Do Pass HB 650. Do Pass HB 652. Do Pass HB 661. Do Pass HB 665. Do Pass HB 671. Do Pass HB 645. Do Pass
Respectfully submitted, Bloodworth of Bibb, Chairman.

TUESDAY, JANUARY 15, 1946

41

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 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 651. Do Pass
HB 659. Do Pass
HR 146-619a. Do Pass
Respectfully submitted,
Gowen of Glynn, Chairman.

Mr. Cheshire of Colquitt county, chairman of the Committee on P'ublic Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Public Welfare have had under consideration the following bills of the House and have instructed me as chairman, to report the same back to the House with the following recommendations:
HB 618. Do Pass
HB 667. Do Pass
Respectfully submitted,
Cheshire of Colquitt, Chairman.

Mr. Thrash of Coffee county, chairman of the Committee on University of Georgia and its branches, submitted the following report:

Mr. Speaker:

Your Committee on University of Georgia and its branches 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 629. Do Not Pass

HB 670. Do Pass

Respectfully submitted,

Thrash of Coffee, Chairman.

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JOURNAL OF THE HOUSE,

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 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 637. Do Pass
HR 158-68Sa. Do Pass
Rossee of Putnam, Chairman.

Mr. Mitchell of Monroe county, chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker:
Your Committee on Legislative and Congressional Reapportionment have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HB 621. Do Pass
Respectfully submitted,
Mitchell of Monroe, Chairman.

Mr. Arnall of Coweta county, chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means have had under consideration the following bills of the House and have instructed me as chairman, to report the same back to the House with the following recommendations:
H B 622. Do Pass
HB 677. Do Pass
HB 642. Do Pass
HB 684. Do Pass
Respectfully submitted,
Arnall of Coweta, Chairman.

TUESDAY, JANUARY IS, 1946

43

Mr. Pannell of Murray 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 631. Do Pass HB 668. Do Pass HB 647. Do Pass HB 634. Do Pass HB 638. Do Pass HB 669. Do Pass HB 683. Do Pass HB 626. Do Pass
Respectfully sHbmitted, Pannell of Murray, 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 have instructed me as chairman, to report the same back

to the House with the following recommendations:



HB 619. Do Pass

HB 620. Do Pass

H B 654. Do Pass

McCracken of Jefferson, Chairman.

By unanimous consent the following bills and/or resolutions of the House were favorably reported and read the second time.

HB 618. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, Roughton of Washington, Connell of Lowndes, Key of Jasper, Smith of Emanuel, Phillips ot Columbia, and Ray of Warren:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to amend the State Hospital Authority to authorize the issuance of $7,000,000 in refunding certificates; and for other purposes.

HB 619. By Messrs. Gowen .and Gilbert of Glynn, and Alexander, Connerat and MeNall of Chatham:
A bill to be entitled an act to set aside rentals from the Western and Atlantic railroads for the purpose of building ports at Savannah and Brunswick; and for other purposes:

HB 620. By Messrs. Gowen and Gilbert of Glynn and Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to amend the State Ports Authority Act approved March 9, 1945, to provide for maintenance by the state of a system of state docks; and for other purposes.

HB 621. B Messrs. Connell and Cowart of Lowndes, Herrin of Echols, Gaskins of Berrien, and Greer of Lanier:
A bill to be entitled an act to c:reate the 53rd Senatorial District composed of Cook, Brooks and Berrien counties and reapportion the 6th, 7th and 8th Senatorial Districts; and for other purposes.

HB 622. By Messrs. Smith of Emanuel, Ray of Warren, Hand of Mitchell, and Roughton of Washington:
A bill to be entitled an act to exempt gasoline used for agricultural purposes from taxation; and for other purposes.
HU 623. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton by extending the city limits; and for other purposes.

HB 624. By Mr. Hand of Mitchell:
A bill to be entitled an act to amend the charter of the City of Pelham to provide a twelve-mill tax for school purposes; and for other purposes.

HB 626. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the Commissioners of Bibb county to supplement the salaries of the judges of the Superior Court; and for other purposes.

HB 627. By Messrs. Gowen and Gilbert of Glynn:

TUESDAY, JANUARY 15, 1946

45

A bill to be entitled an act to amend the charter of the City of Brunswick to authorize the City Commission to close certain streets; and for other purposes.

HB 628. By Messrs. Hill and Price of Clarke:
A bill to amend the charter of the City of Athens to make the mayor the chief executive officer of the city; and for other purposes.

HB 631. By Messrs. Culpepper of Fayette, Strickland of Pike and Arnold and Swint of Spalding.
A bill to be entitled an act to fix the salary of the court reporter in the Griffin Judicial Circuit; and for other purposes.

HB 632. By Mr. Mason of Morgan:
A bill to be entitled an act to amend the charter of the City of Madison to provide for extension of water mains; and for other purposes.

HB 634. By Messrs. Wilson, Bloodworth and Weaver of Bibb:
A bill to be entitled an act to amend the act establishing the Municipal Court of Macon by providing for procedure in the court and methods of appeal; and for other purposes.

HB 636. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act to amend the charter of the City of Cedartown by extending the city limits; and for other purposes.

HB 637. By Messrs. Weaver and Wilson of Bibb and Harris of Richmond:
A bill to be entitled an act to require the Highway Department to publish a statement of the highway construction in each county each year; and for other purposes.

HB 638. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the act creating the City Court of Brunswick to provide executions issued not be entered upon execution docket; and for other purposes.

HB 642. By Messrs. Key of Jasper, Hand of Mitchell, McCracken of Jefferson,
Smith of Emanuel, Connell of Lowndes, Thompson of Meriwether, and Harris of Richmond: A bill to be entitled an act to define what property shall be exempt from taxation; and for other purposes.

46

JOURNAL OF THE HOUSE,

H B 643. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to amend the charter of the Town of Thunderbolt to provide for zoning ordinances and a building code; and for other purposes.
HB 645. By Messrs. Alexander, Connerat and McNall of Chatham:
A bill to be entitled an act to amend the charter of the Town of Tybee, to extend the city limits and provide for zoning ordinances; and for other purposes.
HB 647. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide for the retirement of judges of the criminal and civil courts of Fulton county; and for other purposes.
HB 650. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to give the Board of Education of Athens the right of eminent domain for acquiring school property; and for other purposes.

HB 651. By Mr. Campbell of Newton:
A bill to be entitled an act to appropriate $75,000 to match federal funds to eliminate bangs and tuberculosis among animals in Georgia; and for other purposes.

HB 652. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to give a fee simple title certain property now used by the city; and for other purposes.

HB 654. By Messrs. Hinson of Ware, Evitt of Catoosa, Gowen of Glynn, Fortson
of Wilkes, Arnold of Spalding, Cheshire of Colquitt, and Sills of Candler: A bill to be entitled an act to provide for pay and subsistence of members of the State Highway Patrol; and for other purposes.

HB 656. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to establish a legislative charter for the Town of Pooler, in Chatham County; and for other purposes.

HB 657. 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 College Park by raising the salary of the recorder; and for other purposes.

TUESDAY, JANUARY 15, 19%

47

HB 659. By Messrs. Connell of Lowndes, Durden of Dougherty, Hand of Mitchell, McCracken of Jefferson, Ray of Warren, Key of Jasper, Smith of Emanuel, and Gowen of Glynn:
A bill to be entitled an act to provide for the appointment of an Assistant State Treasurer by the State Treasurer; and for other purposes.

HB 660. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to provide absence of an officer or an employee for not exceeding 24 months shall not preclude them from receiving a pension; and for other purposes.

HB 661. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act by providing for civil service in the police and fire departments of the City of Columbus; and for other purposes.

H B 665. By Messrs. Jennings and Gammage of Sumter:
A bill to be entitled an act to amend the charter of the City of Americus so as to provide for zoning and planning laws; and for other purposes.

HB 667. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize housing authorities to clear slums and acquire real property for redevelopment; and for other purposes.

HB 668. B Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act establishing the Civil Court of Fulton county by providing a uniform cost bill; and for other purposes.

HB 669. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide for holding four terms a year of the Superior Court of Troup county; and for other purposes.

HB 670. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend an act entitled Department of Forestry expenditure of federal funds; and for other purposes.

HB 671. By Messrs. Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia; and for other purposes.

HB 672. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester; and for other purposes.

HB 673. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, providing for the recording and publication of ordinances of said city; and for other purposes.

HB 674. By Messrs. Holleman, Shields and Young of M uscogee:
A bill to be entitled an act amending the charter of the City of Columbus, relating to the power of the city to furnish local service; and for other purposes.

HB 677. By Mr. Willis of Irwin:
A bill to be entitled an act to empower and authorize the taxing authorities of the several counties of this state to levy a tax for the purpose of employing and paying the salaries of the county agents and/or home demonstration agents ; and for other purposes.

HB 678. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah and several acts amendatory thereof and supplementary thereto incorporating the mayor and aldermen of the City of Savannah by authorizing the mayor and aldermen to extend water jurisdiction of the City of Savannah within the confines of Chatham county; and for other purposes.

HB 679. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, authorizing the mayor and council of said municipality to improve sidewalks within the corporate limits of said municipality; and for other purposes.

HB 681. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, so as to authorize said municipality to enact zoning and planning ordinances; and for other purposes.

HB 683. By Mr. McCurdy of DeKalb: A bill to be entitled an act to amend the Building and Loan Act so as to

TUESDAY, JANUARY 15, 1946

49

Service Men's Readjustment Act of 1944; and for other purposes. enable building and loan associations to make loans to veterans under the

HB 684. By Messrs. McCurdy and Hubert of DeKalb:
A bill to be entitled an act to provide the purposes for which county taxes can be levied and to repeal conflicting code sections; and for other purposes.

HB 685. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act creating a public school system for the City of Waycross; and for other purposes.

HR 146-619a. By Messrs. Harris of Richmond, Gowen of Glynn, and others:
A resolution authorizing additional allotment of funds for highway construction, teachers' salaries, textbooks, health, tuberculosis hospital, institutions maintenance, and permanent improvemrnts and welfare benefits; and for other purposes.

HR 147-62la. By Messrs. Gowen of Glynn, Harris of Richmond, and others:
A resolution proposing to amend the State Constitution to provide for a constitutional State Highway Department; and for other purposes.

HR l58-685a. By Messrs. Wilson and Weaver of Bibb, and Harris of Richmond:
A resolution directing the State Highway Commission to prepare and publish a statement of the number of miles of highways paved in each county of the state each year and the amount spent in each county; and for other purposes.

The speaker presented to the House Hon. George Wood, of Etowah, Tennessee, speaker of the House of Representatives of Tennessee, who briefly addressed the House.
The speaker recognized the presence in the gallery of the League of Women Voters of Muscogee county.
The speaker presented to the House Hon. Elliott Hagan of Screvan county, former member of the House of Representatives.

The following resolution of the House was read and adopted:

HR 160. By Messrs. Key of Jasper, Harris of Richmond, and Roughton of Washington:
A resolution urging our congressmen and senators to exert every effort to defeat any ceilings by the Office of Price Administration on the cotton

50

JOURNAL OF THE HOUSE,

grower and to correct conditions unfair and unfavorable to agriculture in Georgia and in the nation.
The speaker asked unanimous consent of the House for permission of approval for introduction yesterday of the following appropriation bill in accordance with the rules of the House:

HB 618. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, Roughton of Washington, Connell of Lowndes, Key of Jasper, Smith of Emanuel, Phillips of Columbia, and Ray of Warren:
A bill to be entitled an act to amend the State Hospital Authority Act to authorize the issuance of $7,000,000 in refunding certificates; and for other purposes.
The unanimous consent request was granted.

The following report was read and ordered filed: STATE OF GEORGIA SUPREME COURT

Atlanta, Ga., January 14, 1946.
To the General Assembly of Georgia:
Hon. Frank C. Gross, President of the Senate, Hon. Roy V. Harris, Speaker of the House of Representatives.
Gentlemen:
In pursuance of an act approved February 16, 1945 (Ga. L. 1945, pp. 145 et seq.), the Supreme Court appointed a committee from the bar of this state to aid in preparation of rules of practice and procedure falling within the purview of Section 1 of said Act.
The said committee has made three separate reports, entitled "Report No. One," "Report No. Two," and "Report No. Three," dealings with separate classes of rules.
The Supreme Court on January 12, 1946, passed three separate orders adopting and prescribing the rules recommended in the corresponding reports, effective January 1, 1947, subject, nevertheless to ratification and confirmation by the General Assembly of Georgia, as in said act provided.

TUESDAY, JANUARY 15, 1946

51

For the purposes of identification, the first order and the corresponding committee report are marked as exhibits "1-A" and "1-B," respectively; the second as "2-A" and "2-B ;" and the third as "3-A" and "3-B."
Respectfully submitted,
R. C. Bell, Chief J usticc.

EXHIBIT "1-A"
SUPREME COURT OF GEORGIA
Atlanta, January 12, 1946.
The Honorable Supreme Court met pursuant to adjournment.
The following order was passed:
Whereas, the General Assembly, at its session held in 1945, passed an act entitled "An act to provide for the making of procedure and practice in the courts of this state simpler and more expeditious, and to make litigation less expensive and cumbersome; to that end to vest in the Supreme Court of Georgia and the justices thereof the power to prescribe, modify, and repeal rules of procedure and pleadings and practice in civil actions and civil proceedings of all kinds in the courts of this state, and of the practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the courts of this state; to provide for the taking effect of such rules, and for other purposes," which act was approved February 16, 1945, (Ga. L. 1945, p 145 et seq.), and which provided among other things:
"Section 1. The Supreme Court of Georgia and the justices thereof shall have power to prescribe, modify, and repeal rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the courts of this state, and of practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the courts or tribunals of this state. Such rules shall not abridge, enlarge, or modify the substantive rights of any litigant.
"Section 2. Whenever the Supreme Court shall have adopted or prescribed any rules under this act, they shall be reported by the court to the General Assembly of the State of Georgia at the next regular session thereof, or extraordinary session authorized by law to consider and ratify them. They shall not take effect until they shall have been ratified and confirmed by the General Assembly of Georgia by an act or resolution thereof.
"Section 3. The Supreme Court is authorized from time to time to repeal, modify, or amend any rule adopted or prescribed by it, but no such repeal, modification, or amendment shall be effective until it shall have been ratified by an act or resolution of the General Assembly of Georgia.
"Section 4. The Supreme Court shall appoint a committee or committees from the bar of this state to aid in the preparation of rules"; and

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Whereas this court did thereafter, in pursuance of said act, appoint a committee from the bar of this state to aid in preparation of rules falling within the purview of Section 1; and

Whereas, the said Committee has made a report to this court entitled "Report No. One, Appellate Procedure," recommending rules of practice and procedure for appeal or review in all cases, civil or criminal, to or from any of the courts of this state, which "Report No. One" is hereby further identified as containing thirty-one numbered parts or paragraphs, and as having been signed by Charles J. Bloch, chairman, and attested by Mrs. Grant Williams as secretary, and as having been filed in the office of the clerk of this court on January 9, 1946:

It is hereby ordered that the said report be accepted and approved, and that all of the rules of practice and procedure as therein recommended be and the same are adopted and prescribed by this court in terms of the said act, the same to become effective on January 1, 1947, subject nevertheless to ratification and confirmation by the General Assembly of Georgia as in said act provided.

Ordered further, that the said rules of practice and procedure as thus adopted and prescribed by this court, be reported to the General Assembly at its session which convenes on Monday, January 14, 1946, for such action as that body may see fit to take with respect to ratifying and confirming the same.

To that end, let the clerk of this court prepare two certified copies of this order and of the said committee's "Report No. One" as above described, containing such rules; and thereupon let the sheriff of this court deliver one of said certified copies of this order, together with one of said certified copies of the said committee's "Report No. One," to the president of the Senate, and deliver in like manner one of each of said certified copies to the speaker of the House of Representatives, for such action as the General Assembly may see fit to take in the premises.

SUPREME COURT OF GEORGIA

Atlanta, January 14, 1946.

I certify that the above is a true copy of an order of the Supreme Court, passed on January 12, 1946. Witness my signature and the seal of this court hereto affixed the day and year above written.

[SEAL)

K. C. Bleckley, Clerk, Supreme Court.

EXHIBIT "2-A" SUPREME COURT OF GEORGIA
Atlanta, January 12, 1946. The Honorable Supreme Court met pursuant to adjournment. The following order was passed:

TUESDAY, JANUARY 15, 1946

53

Whereas, the General Assembly, at its session held in 1945, passed an act entitled "An act to provide for the making of procedure and practice in the courts of this state simpler and more expeditious, and to make litigation less expensive and cumbersome; to that end to vest in the Supreme Court of Georgia and the justices thereof the power to prescribe, modify, and repeal rules of procedure and pleadings and practice in civil actions and civil proceedings of all kinds in the courts of this state, and of the practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the courts of this state; to provide for the taking effect of such rules, and for other purposes," which act was approved February 16, 1945, (Ga. L. 1945, p 145 et seq.), and which provided among other things:
"Section 1. The Supreme Court of Georgia and the justices thereof shall have power to prescribe, modify, and repeal rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the courts of this state, and of practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the courts or tribunals of this state. Such rules shall not abridge, enlarge, or modify the substantive rights of any litigant.
"Section 2. Whenever the Supreme Court shall have adopted or prescribed any rules under this act, they shall be reported by the court to the General Assembly of the State of Georgia at the next regular session thereof, or extraordinary session authorized by law to consider and ratify them. They shall not take effect until they shall have been ratified and confirmed by the General Assembly of Georgia by an act or resolution thereof.
"Section 3. The Supreme Court is authorized from time to time to repeal, modify, or amend any rule adopted or prescribed by it, but no such repeal, modification, or amendment shall be effective until it shall have been ratified by an act or re~olution of the General Assembly of Georgia.
"Section 4. The Supreme Court shall appoint a committee or committees from the bar of this state to aid in the preparation of rules"; and
Whereas this court did thereafter, in pursuance of said act, appoint a committee from the bar of this state to aid in preparation of rules falling within the purview of Section 1; and
Whereas, the said Committee has made a report to this court entitled "Report No. Two, General Procedure in Trial Courts," recommending rules of procedure and pleading and practice in civil actions and civil proceedings in the courts of this state, which "Report No. Two" is hereby further identified as containing twenty-six numbered parts or paragraphs, and as having been signed by Charles J. Bloch, chairman, and attested by Mrs. Grant Williams as secretary, and as having been filed in the office of the clerk of this court on January 9, 1946:
It is hereby ordered that the said report be accepted and approved, and that all of the rules of practice and procedure as therein recommended be. and the same are adopted and prescribed by this court in terms of the said act, the same to become effective on January 1, 1947, subject nevertheless to ratification and confirmation by the General Assembly of Georgia as in said act provided.

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Ordered further, that the said rules of practice and procedure as thus adopted and prescribed by this court, be reported to the General Assembly at its session which convenes on Monday, January 14, 1946, for such action as that body may see fit to take with respect to ratifying and confirming the same.

To that end, let the clerk of this court prepare two certified copies of this order and of the said committee's "Report No. Two" as above described, containing such rules; and thereupon let the sheriff of this court deliver one of said certified copies of this order, together with one of said certified copies of the said committee's "Report No. Two," to the president of the Senate, and deliver in like manner one of each of said certified copies to the speaker of the House of Representatives, for such action as the General Assembly may see fit to take in the premises.

SUPREME COURT OF GEORGIA

Atlanta, January 14, 1946.

I certify that the above is a true copy of an order of the Supreme Court, passed on January 12, 1946. Witness my signature and the seal of this court hereto affixed the day and year above written.

(SEAL]

K. C. Bleckley, Clerk, Supreme Court.

EXHIBIT "3-A"
SUPREME COURT OF GEORGIA
Atlanta, January 12, 1946.
The Honorable Supreme Court met pursuant to adjournment.
The following order was passed:
Whereas, the General Assembly, at its session held in 1945, passed an act entitled "An act to provide for the making of procedure and practice in the courts of this state simpler and more expeditious, and to make litigation less expensive and cumbersome; to that end to vest in the Supreme Court of Georgia and the justices thereof the power to prescribe, modify, and repeal rules of procedure and pleadings and practice ,in civil actions and civil proceedings of all kinds in the courts of this state, and of the practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the courts of this state; to provide for the taking effect of such rules, and for other purposes," which act was approved February 16, 1945, (Ga. L. 1945, p 145 et seq.), and which provided among other things:
. "Section l. The Supreme Court of Georgia and the justices thereof shall have power to prescribe, modify, and repeal rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the courts of this state, and of practice and proced'Ure for appeal or review in all cases, civil and criminal, to or from any of the courts or tribunals of this state. Such rules shall not abridge, enlarge, or modify the substantive rights of any litigant.

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"Section 2. Whenever the Supreme Court shall have adopted or prescribed any rules under this act, they shall be reported by the court to the General Assembly of the State of Georgia at the next regular session thereof, or extraordinary session authorized by law to consider and ratify them. They shall not take effect until they shall have been ratified and confirmed by the General Assembly of Georgia by an act or resolution thereof.
"Section 3. The Supreme Court is authorized from time to time to repeal, modify, or amend any rule adopted or prescribed by it, but no such repeal, modification, or amendment shall be effective until it shall have been ratified by an act or resolution of the General Assembly of Georgia.
"Section 4. The Supreme Court shall appoint a committee or committees from the bar of this state to aid in the preparation of rules"; and
Whereas this court did thereafter, in pursuance of said act, appoint a committee from the bar of this state to aid in preparation of rules falling within the purview of Section 1 ; and
Whereas, the said Committee has made a report to this court entitled "Report No. Three, Admission of Genuineness of Documents, and Pre-Trial Conferences," recommending rules of practice and procedure for admission of genuineness of documents, and pre-trial conferences, which "Report No. Three" is hereby further identified as containing three numbered parts or paragraphs, and as having been signed by Charles J. Bloch, chairman, and attested by Mrs. Grant Williams as secretary, and as having been filed in the office of the clerk of this court on January 9, 1946:
It is hereby ordered that the said report be accepted and approved, and that all of the rules of practice and procedure as therein recommended be and the same are adopted and prescribed by this court in terms of the said act, the same to become effective on January 1, 1947, subject nevertheless to ratification and confirmation by the General Assembly of Georgia as in said act provided.
Ordered further, that the said rules of practice and procedure as thus adopted and prescribed by this court, be reported to the General Assembly at its session which convenes on Monday, January 14, 1946, for such action as that body may see fit to take with respect to ratifying and confirming the same.
To that end, let the clerk of this court prepare two certified copies of this order and of the said committee's "Report No. Three" as above described, containing such rules; and thereupon let the sheriff of this court deliver one of said certified copies of this order, together with one of said certified copies of the said committee's "Report No. Three," to the president of the Senate, and deliver in like manner one of each said certified copies to the speaker of the House of Representatives, for such action as the General Assembly may see fit to take in the premises.
SUPREME COURT OF GEORGIA
Atlanta, January 14, 1946.

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I certify that the above is a true copy of an order of the Supreme Court, passed on January 12, 1946. Witness my signature and the seal of this court hereto affixed the day and year above written.

[SEAL)

K. C. Bleckley, Clerk, Supreme Court.

EXHIBIT "1-B"
Report No. One
APPELLATE PROCEDURE
TO THE HONORABLE THE SUPREME COURT OF GEORGIA:
The committee from the bar of this state appointed by your Honor under the provisions of an act of the General Assembly approved February 16, 1945 (Ga. Laws 1945, p. 145, et seq) to aid in the preparation of rules of practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the courts of this state, recommends to the court the following:
1. That Section 6-701 of the Code of 1933, which is:
"No cause shall be carried to the Supreme Sourt or Court of Appeals upon any bill of exceptions while the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause or final as to some material party thereto; but, at any stage of the cause, either party may file his exception to any decision, sentence, or decree of the superior or city court; and if the same is certified and allowed, it shall be entered of record in the cause; and should the case at its final determination be carried by writ of error to the Supreme Court or Court of Appeals by either party, error may be assigned upon such bill of exceptions, and a reversal and new trial may be allowed thereon, when it shall be manifest that such erroneous decision of the court has or may have affected the final result of the case" be amended by adding thereto: "No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exceptions and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of these cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases, and subject to review as in other cases," so that said section, when so amended, shall read:
"No cause shall be carried to the Supreme Court or Court of Appeals upon any bill of exceptions while the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause or final as to some material party thereto; but, at any stage of the cause, either party may file his exception to any decision, sentence, or decree of the superior or city court; and if the same is certified and allowed, it shall be entered of record in the cause; and should the case at its final determinataion be carried by writ of error to the Supreme Court or Court of

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Appeals by either party, error may be assigned upon such bill of exceptions, and a reversal and new trial may be allowed thereon, when it shall be manifest that such erroneous decision of the court has or may have affected the final result of the case. No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exceptions and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of these cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases."
2. That Section 6-802 of the Code of 1933, which is:
"If the plaintiff in error shall so elect, he may have the brief of so much of the evidence as is necessary to a clear understanding of the errors complained of approved by the judge and made a part of the record and sent up by the clerk as a part thereof, rather than have the same incorporated in the bill of exceptions"
be amended by adding thereto: "No such brief of the evidence shall be approved by the judge unless the opposite party or his attorney of record shall have been given written notice as provided by Section 24-3347 as amended herein," so that said section, when so amended, shall read:
"If the plaintiff in error shall so elect, he may have the brief of so much of the evidence as is necessary to a clear understanding of the errors complained of approved by the judge and made a part of the record and sent up by the clerk as a part thereof, rather than have the same incorporated in the bill of exceptions. No such brief of the evidence shall be approved by the judge unless the opposite party or his attorney of record shall have been given written notice as provided by Section 24-3347 as amended herein."
3. That Section 6-806 of the Code of 1933, which is:
"The form of the certificate of the judge to the bill of exceptions shall be as follows: 'I do certify that the foregoing bill of exceptions is true, and contains (or specifies, as the case may be) all the evidence, and specifies all of the record, material to a clear understanding of the errors complained of; and the clerk of the.................... court oL..................is hereby ordered to make out a complete copy of such parts of the record in said case as are in this bill of exceptions specified, and certified the same as such, and cause the same to be transmitted to the Supreme Court (or the Court of Appeals, as the case may be), that the errors alleged to have been committed may be considered and corrected"
be amended by adding thereto: "It shall be the duty of the judge, to whom any bill of exceptions shall be presented, to see that the certificate is in legal form before signing the same. Whenever a judge shall attach his signature to a certificate where the language of the certificate is such as to indicate the intention of the judge to verify the truthfulness of the recitals therein contained, his signature shall be const:.:ued as a verification of the bill of exceptions and the contents thereof unless by note thereto or modification thereof over his signature the contrary affirmatively appears," so that said section, when so shall amended, shall read:

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"The form of the certificate of the judge to the bill of exceptions shall be as follows: 'I do certify that the foregoing bill of exceptions is true, and contains (or specifies, as the case may be) all the evidence, and specifies all of the record, material to a clear understanding of the errors complained of; and the clerk of the ____________________court oL __________________is hereby ordered to make out a complete copy of such parts of the record in said case as are in this bill of exceptions specified, and certify the same as such, and cause the same to be transmitted to the Supreme Court (or the Court of Appeals, as the case may be), that the errors alleged to have been committed may be considered and corrected.' It shall be the duty of the judge, to whom any bill of exceptions shall be presented, to see that the certificate is in legal form before signing the same. Whenever a judge shall attach his signature to a certificate where the language of the certificate is such as to indicate the intention of the judge to verify the truthfulness of the recitals therein contained, his signature shall be construed as a verification of the bill of exceptions and the contents thereof unless by note thereto or modification thereof over his signature the contrary affirmatively appears."
4. That Section 6-808 of the Code of 1933, which is:
"It shall be the duty of the judge, to whom any bill of exceptions shall be presented, to see that the certificate is in legal form before signing the same; and no failure of any judge to discharge his duty in this respect shall prejudice the rights of the parties by dismissal or otherwise"
be repealed.
5. That Section 6-809 of the Code of 1933, which 1s:
"If a defendant in error shall except in any case by bill of exceptions, he shall prepare his bill of exceptions and proceed in the same manner as above provided, but shall not take up any portion of the evidence or record that is taken up by the main bill of exceptions" .
be repealed and that there be adopted and prescribed in lieu thereof the following:
"If a defendant in error shall desire to except, he shall prepare his cross bill of exceptions and proceed in the same manner as provided for main bills of exceptions, but shall not take up any portion of the evidence or record which is taken up by the main bill of exceptions. Such cross bill of exceptions shall be tendered within 20 days from the date of the service of the main bill of exceptions."
6. That Section 6-902 of the Code of 1933, which is:
"The bill of exceptions shall be tendered to the judge who presided in the cause within 30 days from the adjournment of the court or the date of the decision at chambers; and in the event that the court shall not adjourn within 30 days from the date of the organization and opening of the court, such bill of exceptions shall be tendered to the judge who presided in the cause within 60 days from the date of the decision, judgment, verdict, or decree rendered; and if the same is true, and contains, in connection with the transcript of the record, all the facts necessary to the under-

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standing and adjudication of the alleged error, the judge shall sign and certify the same"
be repealed and that there be adopted and prescribed in lieu thereof the following:
"Bills of exceptions shall be tendered to the judge who presided in the cause within 20 days from the date of the decision complained of. This provision as to time shall apply to bills of exceptions in all classes of cases and shall so apply irrespective of whether or not the term at which the decision was rendered had adjourned, and irrespective of whether the decision complained of was rendered in vacation or at chambers or during a term of court, except that nothing herein contained shall change any provision of Section 27-1201 of the Code of 1933 providing the time with which direct bills of exceptions must be taken to denials of motions for change of venue."
7. That there be adopted, prescribed and enacted, to become a part of Chapter 6 of the Code of 1933 the following:
"In cases where the defendant in error named in a bill of exceptions is represented by an attorney at law or appears in propria persona, the judge, before certifying the bill of exceptions, shall require reasonable notice to such attorney or such party and afford him an opportunity to be heard on the question of whether or not the bill of exceptions as tendered is correct and complete. If an attorney of record for a defendant in error, or such party, in writing waives this privilege or in writing approves the bill of exceptions as correct and complete as to the averments of fact therein this requirement shall be deemed waived. Such waiver shall be attached to the bill of exceptions as an exhibit thereto."
8. That Section 6-903 of the Code of 1933, which is:
"In all applications for discharge in bail trover and contempt cases; in all criminal cases; and in all cases granting or refusing applications for injunction or receiver; granting or refusing applications for alimony, mandamus, or other extraordinary remedy; granting or refusing applications for attachment against fraudulent debtors; and granting or refusing applications for dissolution of corporation created by superior court, the bill of exceptions shall be tendered and signed within 20 days from the rendition of the decision, and the opposite party shall be served, within 15 days from such signing, with the bill of exceptions, and the clerk shall, within 15 days from such service, make out a transcript of the record and transmit the same immediately to the Supreme Court or the Court of Appeals, as the case may be, then in sessions, and if not in session, then to the very next sessions; and its arrival by the first day of the term, or at any time thereafter during the term, shall be sufficient to insure a hearing. If said record, being returned to a court then in session, shall fail, after legal diligence, to arrive in time for a hearing before the adjournment, it shall stand over until the next term"
be amended by striking the words "and signed," and by striking all that follows the the words "the rendition of the decision" and substituting the following: "The bill of exceptions shall be served and filed as provided in Sections 6-911 and 6-1001 of the code, and thereafter the duties of the clerk in such case shall be the same as prescribed by Section 6-1001 of the code"

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so that said section, when so amended, shall read:
"In all applications for discharge in bail trover and contempt cases; in all criminal cases; and in all cases granting or refusing applications for injunction or receiver; granting or refusing applications for alimony, mandamus, or other extraordinary remedy; granting or refusing applications for attachment against fraudulent debtors; and granting or refusing applications for dissolution of corporation created by the Superior Court, the bill of exceptions shall be tendered within 20 days from the rendition of the decision. The bill of exceptions shall be served and filed as provided in Sections 6-911 and 6-1001 of the code, and thereafter the duties of the clerk in such case shall be the same as prescribed by Section 6-1001 of the code."
9. That Section 6-904 of the Code of 1933, which is: "All bills of exceptions in criminal cases shall, as regards the practice both in the lower court and in the appellate court, relating to the time and manner of signing, filing, serving, transmitting and hearing the same, be governed, in all respects where applicable, by the laws and rules in reference to bills of exceptions in cases of injunction, and it shall be the duty of the appellate court to give a speedy hearing and determination in such cases, either under I"Xisting rules or under special rules to be formulated by said court for that purpose, and if the judgment of the court below shall be afrirmed in the appellate court, the clerk of the appellate court shall transmit promptly the remittitur to the clerk of the court from which the writ of error was taken, and upon the reception of the same the clerk shall notify the judge of said court, who shall have full power, in term or vacation, to pass any order, sentence, or judgment necessary to carry into execution the judgment of the court"
be amended by striking the words "in cases of injunction" and substituting the words "in other cases," so that said section, when so amended, shall read:
"All bills of exceptions in criminal cases shall, as regards the practice both in the lower court and in the appellate court, relating to the time and manner of signing, filing, serving, transmitting and hearing the same, be governed, in all respects where applicable, by the laws and rules in reference to bills of exceptions in other cases, and it shall be the duty of the appellate court to give a speedy hearing and determination in such cases, either under existing rules or under special rules to be formulated by said court for that purpose, and if the judgment of the court below shall be affirmed in the appellate court, the clerk of the appellate court shall transmit promptly the remittitur to the clerk of the court from which the writ of error was taken, and upon the reception of the same the clerk shall notify the judge of said court, who shall have full power, in term or vacation, to pass any order, sentence, or judgment necessary to carry into execution the judgment of the court."
10. That Section 6-905 of the Code of 1933, which is:
"Exceptions tendered before the final judgment, for the mere purpose of being made a part of the record, shall be certified to be true by the judge, and ordered to be placed on the record. Such exceptions shall be tendered during the term. If, however, the court shall adjourn within less than 30 days from the date of the ruling complained of, such bills of exceptions pendente lite shall be tendered within 60 days from the date of the order, decision, or ruling complained of"

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61

be amended by striking the last two sentences thereof and substituting: "Such exceptions shall be tendered within 20 days from the date of the order, decision or ruling complained of," so that said section, when so amended, shall read:
"Exceptions tendered before the final judgment, for the mere purpose of being made a part of the record, shall be certified to be true by the judge, and ordered to be placed on the record. Such exceptions shall be tendered within 20 days from the date of the order, decision or ruling complained of."
11. That Section 6-907 of the Code of 1933, which is:
"All laws having reference to the signing and certifying of bills of exceptions after the expiration of 30 days from the adjournment of the court and the rendition of the decision, and in case of the death of the judge, shall apply, so far as the same will conform, to all bills of exceptions required by law to be signed and certified in 20 days after the rendition of the decision."
be repealed.
12. That Section 6-909 of the Code of 1933, which is:
"If the judge shall determine that the bill of exceptions is not true, or does not contain all the necescary facts, he shall return the same, within 10 days, to the party or his attorney, with his objections to the same in writing. If those objections shall be met and removed, the judge may then certify, specifying in his certificate the cause of the delay. If the judge shall see proper, he may order notice to the opposite party of the fact and time of tendering the exceptions and may hear evidence as to the truth thereof"
be amended by striking the last sentence and substituting in lieu thereof: "The judge shall order notice to the opposite party of the fact and time of tendering the exceptions and may hear evidence as to the truth thereof. The action or non-action of the trial judge as to requiring notice under this section and Part 7 of this report, which is to added to the code as a new section, shall not be reviewable"
so that said section, when so amended, shall read:
"If the judge shall determine that the bill of exceptions is not true, or does not contain all the necessary facts, he shall return the same within 10 days, to the party or his attorney, with his objections to the same in writing. If those objections shall be met and removed, the judge may then certify, specifying in his certificate the cause of the delay. The judge shall order notice to the opposite party of the fact and time of tendering the exceptions and may hear evidence as to the truth thereof. The action or non-action of the trial judge as to requiring notice under this section and Part 7 of this report, which is to be added to the code as a new section, shall not be reviewable."
13. That Section 6-1001 of the Code of 1933, which is:
"Within 15 days from the date of the certificate of the judge, the bill of exceptions shall be filed in the office of the clerk of the court where the case was tried;

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and in 10 days from the date of such filing, it shall be the duty of the clerk to make out a copy of such bill, together with a complete transcript of the record in such cause. Such transcript, together with the original bill of exceptions, the clerk shall transmit, with a certificate that the same is the true original bill of exceptions and a true and complete transcript of the record in such case, either to the term of the Supreme Court or the Court of Appeals, as the case may be, then in session, unless its docket for such term has been closed, or to the next term of such court as required in the judge's certificate, directing the same to the clerk of the appellate court. The copy bill of exceptions shall be retained in the office of the clerk of the superior or city court as the case may be"
be amended by adding: "The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to the Supreme Court or the Court of Appeals, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to the Supreme Court or the Court of Appeals," so that said section, when so amended, shall read:
"Within 15 days from the date of the certificate of the judge, the bill of exceptions shall be filed in the office of the clerk of the court where the case was tried; and in 10 days from the date of such filing, it shall be the duty of the clerk to make out a copy of such bill, together with a complete transcript of the record in such cause. Such transcript, together with the original bill of exceptions, the clerk shall transmit, with a certificate that the same is the true original bill of exceptions and a true and complete transcript of the record in such case, either to the term of the Supreme Court or the Court of Appeals, as the case may be, then in session, unless its docket for such term has been closed, or to the next term of such court as required in the judge's certificate, directing the same to the clerk of the appellate court. The copy bill of exceptions shall be retained in the office of the clerk of the superior or citv court, as the case may be. The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to the Supreme Court or the Court of Appeals, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to the Supreme Court or the Court of Appeals."
14. That Section 6-1301 of the Code of 1933 which is:
"No writ of error in a criminal case or in an injunction case or other extraordinary remedy shall be dismissed for the failure of the clerk of the lower court to transmit the proper papers within the 15 days after service of the bill of exceptions, unless such failure is due to the neglect or fault of the plaintiff in error or his counsel. Such cases, when the proper papers are received in the appellate court, shall be heard and determined as though the clerk of the lower court had not failed in the prompt performance of his duty. Nothing in this section shall be construed to excuse the clerk for his omission of duty or to relieve him from any liability consequent thereon"
be amended by striking the words "a criminal case or in an injunction case or other extraordinary remedy" and substituting the words "any case" and by striking the words "15 days after service of the bill of exceptions" and substituting the words

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"time allowed by law," so that said section when so amended, shall re;td:
"No writ of error in any case shall be dismissed for the failure of the clerk of the lower court to transmit the proper papers within the time allowed by law, unless such failure is due to the neglect or fault of the plaintiff in error or his counsel. Such cases, when the proper papers are received in the appellate court, shall be heard and determined as though the clerk of the lower court had not failed in the prompt performance of his duty. Nothing in this section shall be construed to excuse the clerk for his omission of duty or to relieve him from any liability consequent thereon."
15. That Section 8-406 of the Code of 1933, which is:
"The decision of the judge, granting or refusing an attachment under the provisions of this chapter, may be excepted to and carried to the Supreme Court, as in applications for injunction"
be amended by striking the words "as in applications for injunction" and substituting the words "as in other cases," so that said section, when so amended, shall read:
"The decision of the judge, granting or refusing an attachment under the provisions of this chapter, may be excepted to and carried to the Supreme Court, as in other cases."
16. That Section 22-1305 of the Code of 1933, which is:
"Any party to the aforesaid proceedings for the dissolution of any such corporation, being dissatisfied with the decree of the court aforesaid granting or refusing to grant the dissolution of such corporation, may sue out a bill of exceptions assigning error on such decree, and carry the case to the Supreme Court, by fast writ of error as in cases of injunction"
be amended by striking the words "by fast writ of error as in cases or injunction" and substituting the words "as in other cases," so that said section, when so amended, shall read:
"Any party to the aforesaid proceedings for the dissolution of any such corporation, being dissatisfied with the decree of the court aforesaid granting or refusing to grant the dissolution of such corporation, may sue out a bill of exceptions assigning error on such decree, and carry the case to the Supreme Court for review, as in other cases."
17. That Section 24-2715 of the Code of 1933, in subdivision 15 thereof, which is:
"To make out transcripts of the records of all cases for the Supreme Court and the Court of Appeals, as the laws require"
be amended by inserting after the words "Court of Appeals" the words "and a duplicate thereof to be numbered in exact accordance with the numbering of the pages of the original transcript of the record transmitted to the Supreme Court and the Court of Appeals," so that said subdivision of said section, when so amended, shall read:

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"To make out transcripts of the records of all cases for the Supreme Court and the Court of Appeals, and a duplicate thereof to be numbered in exact accordance with the numbering of the pages of the original transcript of the record transmitted to the Supreme Court and the Court of Appeals, as the laws require."
18. That Section 24-2727 of the Code of 1933, under "Civil Cases," the 35th line which is:
"Recording and copying proceedings in bills of exceptions to the Supreme Court or Court of Appeals, per 100 words ... 15"
be amended by changing the rate to 2Sc per 100 words, so that said line, when so amended, will read:
"Recording and copying proceedings in bills of exceptions to the Supreme Court or Court of Appeals, per 100 words ... 25"
Also that Section 24-2727 of the Code of 1933, under "Criminal Cases," the 3rd line, which is:
"Transcribing record and evidence in state cases, per 100 words . . . 15" '
be amended by changing the rate to 2Sc per 100 words, so that said line, when so amended, will read:
"Transcribing record and evidence in state cases, per 100 words ... 25"
19. That Section 24-3347 of the Code of 1933, which is:
"In every application for a new trial, a brief of the testimony in the cause shall be filed by the party applying for such new trial, under the revision and approval of the court. If, pending the motion, the presiding judge shall die, or a vacancy otherwise occur, then his successor shall hear and determine the motion from the best evidence at his command"
be amended by inserting after the first sentence thereof: "Before presenting a brief of the testimony to the court for approval, the attorney whose duty it is to prepare it shall give written notice to the opposite party or his attorney of record of his intention to present the brief of the testimony to the trial court for approval at a certain time and place. No such brief of the testimony shall be approved by the trial court unle~.s the opposite party or his attorney of record shall have been given such written notice or shall, in writing, have waived such notice," so that said section, when so amended, will read:
"In every application for a new trial, a brief of the testimony in the cause shall be filed by the party applying for such new trial, under the revision and approval of the court. Before presenting a brief of the testimony to the court for approval, the attorney whose duty it is to prepare it shall give written notice to the opposite party or his attorney of record of his intention to present the brief of the testimony to the trial court for approval at a certain time and place. No such brief of the testimony shall be approved by the trial court unless the opposite party or his attorney of record shall have been given such written notice or shall, in writing, have waived

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such notice. If, pending the motion, the presiding judge shall die, or a vacancy otherwise occur, then his successor shall hear and determine the motion from the best evidence at his command."
20. That Section 24-3611 of the Code of 1933, which is:
"The clerk with whom a bill of exceptions is duly filed shall, after certifying it under the seal of the court to be the true original bill of exceptions, transmit the same, within the time prescribed by statute, to the clerk of this court, together with a certified transcript of such parts of the record as the judge's certificate to the bill of exceptions may require him to transmit. Neither a party nor his counsel shall be entrusted by any clerk with these documents for transmission, but the exclusive medium of carriage shall be by mail or express, charges prepaid, unless delivery is made by the clerk, or his deputy, in person. If for any cause a clerk delays transmission beyond the statutory limit, he shall certify to this court on the transcript the true cause of the delay, or be considered as in contempt"
be amended by inserting after the first sentence: "The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to this court," so that said section, when so amended, will read:
"The clerk with whom a bill of exceptions is duly filed shall, after certifying it under the seal of the court to be the true original bill of exceptions, transmit the same, within the time prescribed by statute, to the clerk of this court, together with a certified transcript of such parts of the record as the judge's certificate to the bill of exceptions may require him to trans.mit. The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to this court. Neither a party nor his counsel shall be intrusted by any clerk with these documents for transmission, but the exclusive medium of carriage shall be by mail or express, charges prepaid, unless delivery is made by the clerk, or his deputy, in person. If for any cause a clerk delays transmission beyond the statutory limit, he shall certify to this court on the transcript the true cause of the delay, or be considered in contempt."
21. That Section 24-4509 of the Code of 1933, which is:
"The clerk with whom a bill of exceptions is duly filed shall, after certifying it under the seal of the court to be the true original bill of exceptions, transmit the same, within the time prescribed by statute, to the clerk of this court, together with a certified transcript of such parts of the record as the judge's certificate to the bill of exceptions may require him to transmit. Neither a party nor his counsel shall be intrusted by any clerk with these documents for transmission, but the exclusive medium of carriage shall be by mail or express, charges prepaid, unless delivery is made by the clerk, or his deputy, in person. If for any cause a clerk delays trans-

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mission beyond the statutory limit, he shall certify to this court on the transcript the true cause of the delay, or be considered as in contempt"
be amended by inserting after the first sentence: "The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to this court," so that said section, when so amended, will read:
"The clerk with whom a bill of exceptions is duly filed shall, after certifying it under the seal of the court to be the true original bill of exceptions, transmit the same, within the time prescribed by statute, to the clerk of this court, together with a certified transcript of such parts of the record as the judge's certificate to the bill of exceptions may require him to transmit. The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to this court. Neither a party nor his counsel shall be intrusted by any clerk with these documents for transmission, but the exclusive medium of carriage shall be by mail or express, charges prepaid, unless delivery is made by the clerk, or his deputy, in person. If for any cause a clerk delays transmission beyond the statutory limit, he shall certify to this court on the transcript the true cause of the delay, or be considered as in contempt."
22. That Section 30-214 of the Code of 1933, which is:
"The judgments of the judges of the superior court in such cases, whether at law or in equity, in term of vacation, or in the progress of the cause, shall be the subject of writ of error and on the same terms as are prescribed in cases of injunctions"
be amended by striking the words "in cases of injunctions" and substituting the words "in other cases," so that said section, when so amended, will read:
"The judgments of the judges of the superior court in such cases, whether at law or in equity, in term of vacation, or in the progress of the cause, shall be the subject of writ of error and on the same terms as are prescribed in other cases."
23. That Section 50-126 of the Code of 1933, which is:
"All bills of exceptions in habeas corpus cases shall, as regards the practice of the lower court and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting, and hearing the same, be governed, in all respects where applicable, by the laws in reference to bills of exceptions in cases of injunction; and it shall be the duty of the Supreme Court to give a speedy hearing and determination in such habeas corpus cases, either under existing rules or under special rules to be formulated by said court for that purpose; and if the judgment of the court below is affirmed by the Supreme Court, the clerk of the Supreme Court shall promptly transmit the remittitur to the clerk of the court from which the writ of error was taken. Upon the receipt of the same the clerk shall notify the judge of

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67

said court, who shall have full power in term or vacation to pass an order, sentence, or judgment, necessary to carry into execution the judgment of the court"
be amended by striking the words "in cases of injunction" in the first sentence and substituting "in other cases," so that said section, when so amended, will read:
"All bills of exceptions in habeas corpus cases shall, as regards the practice oi the lower court and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting, and hearing the same, be governed, in all respects where applicable, by the laws in reference to bills of exceptions in other cases; and it shall be the duty of the Supreme Court to give a speedy hearing and determination in such habeas corpus cases, either under existing rules or under special rules to be formulated by said court for that purpose; and if the judgment of the court below is affirmed by the Supreme Court, the clerk of the Supreme Court shall promptly transmit the remittitur to the clerk of the court from which the writ of frror was taken. Upon the receipt of the same the clerk shall notify the judge of said court, who shall have full power in term or vacation to pass an order, sentence, or judgment necessary to carry into execution the judgment of the court."
24. That Section 64-110 of the Code of 1933, which is:
"Upon refusal to grant the mandamus nisi, the petitioner may have his bill of exceptions to the Supreme Court, as in cases of the granting and refusing of injunctions; and either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise file his bill of exceptions"
be amended by striking the words "as in cases of the granting and refusing of injunctions" and substituting "as in other cases," and by adding at the end thereof: "No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exceptions and writ or j!rror until there has been a final judgment in the trial court. The overruling of a general demurrer in any of the above cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases," so that said section, when so amended, shall read:
"Upon refusal to grant the mandamus nisi, the petitioner may have his bill of exceptions to the Supreme Court, as in other cases; and either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise file his bill of exceptions. No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exceptions and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of the above cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases."
25. That Section 64-206 of the Code of 1933, which is:
"In all applications for writs of quo warranto, or of informations in the nature

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of quo warranto, or of proceedings by such writs to determine the right to hold office, where the case presented by the applicant or petitioner shall involve only questions of law, the same may be determined as equitable proceedings, by the judge of the Superior Court, before whom such case shall be begun, in vacation, and such judge shall, whether such writ, information, or proceeding is prayed for, sued out or begun in vacation or term time, so order all the proceedings connected with and usual in such cases that the final determination shall be had by him in 10 days from the commencement of such suit, application, or proceeding; and if either party to such application or proceeding shall desire to except to the decision of the said judge of the superior court, he shall, if the Supreme Court of the State be in session, within 10 days after such decision carry the same to said Supreme Court by bill of exceptions, which shall be tendered and signed as is prescribed, in Section 6-903, in cases of _applications for and decisions granting or refusing injunctions, said bill of exceptions to be served upon the opposite party in such suit as prescribed in said section; and all the rules and regulations in said section, as to service, and duty of the clerk of the superior court, shall apply to this class of cases"
be amended by inserting the word "final" between the words "the" and "decision" in the 12th line of said section, and by striking the words "lie shall, if the Supreme Court of the State be in session, within 10 days after such decision carry the same to said Supreme Court by bill of exceptions, which shall be tendered and signed as is prescribed in Section 6-903, in cases of applications for and decisions granting or refusing injunctions," and substituting "he shall tender, sign, have certified, filed and served a bill of exceptions as provided in other cases, and the duties of the clerk shall be the same as in other cases," and by striking the words "in said section" in the 18th line of said section and substituting "in Section 6-903 as amended herein," so that said section, when so amended, will read:
"In all applications for write of quo warranto, or of informations in the nature of quo warranto, or of proceedings by such wtits to determine the right to hold office, where the case presented by the applicant or petitioner shall involve only questions of law, the same may be determined as equitable proceedings, by the judge of the superior court, before whom such case shall be begun, in vacation, and such judge shall, whether such writ, information, or proceeding is prayed for, sued out or begun in vacation or term time, so order all the proceedings connected with and usual in such cases that the final determination shall be had by him in 10 days from the commencement of such suit, application, or proceeding; and if either party to such application or proceeding shall desire to except to the final decision of the said judge of the superior court, he shall tender, sign, have certified, filed and served a bill of exceptions as provided in other cases, and the duties of the clerk shall be the same as in other cases; said bill of exceptions to be served upon the opposite party in such suit as prescribed in Section 6,903 as amended herein; and all the rules and regulations in said section, as to service, and duty of the clerk of the superior court, shall apply to this class of cases."
26. That Section 87-304 of the Code of 1933, which is:
"Within the time prescribed in the order, the judge of said superior court shall

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69

proceed to hear and determine all of the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of the bonds, a judgment and order shall be entered to that effect, and any citizen of this state, resident in such county, municipality, or political division, so desiring to issue said bonds, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, may except thereto within 20 days from the judgment, as in the case of injunctions, and upon the hearing in the Supreme Court such bill of exceptions shall be heard in accordance with the practice regulating the hearing of bills of exceptions in criminal cases"
be amended by striking the words "as in the case of injunctions," and by striking the balance of the section thereafter appearing, so that said section, when so amended, will read:
"Within the time prescribed in the order, the judge of said superior court shall proceed to hear and determine all of the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of the bonds, a judgment and order shall be entered to that effect, and any citizen of this state, resident in such county, municipality, or political division, so desiring to issue said bonds, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, may except thereto within 20 days from the judgment."
27. That Section 87-405 of the Code of 1933, which is:
"Within the time prescribed in said order, or such further time as he may fix, the judge of said superior court shall proceed to hear and determine all of the questions of law and fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the validating of said bonds, a judgment and order shal be entered to that effect, and any citizen of this state, resident in such county or municipality which issued said bonds sought to be validated, may become a party to said proceedings, and any party thereto dissatisfied with the judgment of said court confirming and validating said bonds or refusing to confirm and validate said bonds, may except thereto within 20 days from the date of said judgment as in the case of injunctions, and the hearing in the Supreme Court upon such bill of exceptions shall be in accordance with the practice regulating the hearing of bills of exceptions in 'criminal cases"
be amended by striking the words "as in the case of injunctions, and the hearing in the Supreme Court upon such bill of exceptions shall be in accordance with the practice regulating the hearing of bills of exceptions in criminal cases" and substituting "as in other cases," so that said section, when so amended, will read:
"Within the time prescribed in said order, or such further time as he may fix, the judge of said superior court shall proceed to hear and determine all of the questions of law and fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the validating of said bonds, a judgment and order shal be entered to that effect, and any citizen of this state, resident in such county or municipality which issued said bonds sought to be validated, may become a

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party to said proceedings, and any party thereto dissatisfied with the judgment of said court confirming and validating said bonds or refusing to confirm and validate said bonds, may except thereto within 20 days from the date of said judgment as in other cases."
28. That Section 92-6218 of the Code of 1933, which is:
"If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county, such county may apply to the superior court of such latter county, in a petition to which the taxpayer and all the counties claiming such taxes shall be made parties, for direction and judgment as to which county is under the law entitled to such return and taxes. If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county by any person, firm partnership, association or corporation to the Comptroller General, the county disputing and traversing said return may apply to the superior court of the county in which the taxpayer has located the property in the return to the Comptroller General, for direction and judgment as to which county under the law is entitled to such return and taxes; and all the counties claiming said taxes, the taxpayer and the Comptroller General shall be made parties in said cause. The proceedings hereunder shall be the same in all respects as in other suits in equity except that such petition shall be for final trial at the first term of the court and shall as in other cases of injunction be reviewed by a fast bill of exceptions to the Supreme Court of Georgia; provided, that this section shall not be construed as affecting the law relative to returns to be made to the Comptroller General otherwise than by providing a venue for determining a dispute on tax rights as herein set forth"
be amended by striking the words "of injunction" in lines 17 and 18 of the Code of 1933 and the word "fast" in line 18 of said code, so that said section, when so amended, will read:
"If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county, such county may apply to the superior court of such latter county, in a petition to which the taxpayer and all the counties claiming such taxes shall be made parties, for direction and judgment as to which county is under the law entitled to such return and taxes. If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county by any person, firm partnership, association or corporation to the Comptroller General, the county disputing and traversing said return may apply to the superior court of the county in which the taxpayer has located the property in the return to the Comptroller General, for direction and judgment as to which county under the law is entitled to such return and taxes; and all the counties claiming said taxes, the taxpayer and the Comptroller General shall be made parties in said cause. The proceedings hereunder shall be the same in all respects as in other suits in equity except that such petition shall be for final trial at the first term of the court and shall as in other cases be reviewed by a bill of exceptions to the Supreme Court of Georgia: Provided, that this section shall not be construed as affecting the law relative to returns to be made to the Comptroller General otherwise than by providing a venue for determining a disput on tax rights as herein set forth."

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71

29. That Section 92-6909 of the Code of 1933, which is:
"Upon petition by lO or more freeholders of the county to the judge of the superior court in term time or at chambers, that any one or more members of the board of county tax assessors are disqualified, or are not properly and impartially discharging their duties, or are discriminating in favor of certain citizens or classes of citizens and against others, the said judge shall cite the members so complained of, to appear before him at a time and place in the county to be fixed in said citation, not less than 20 nor more than 40 days from the date of the presentation of said petition, and make answer to said petition. A copy of said petition shall be attached to said citation and service thereof may be made by any sheriff, deputy sheriff or constable of this state. The officer making the service shall serve copies and return the original petition and citation to the clerk of the court as other process is now returned. At the time and place fixed in said citation, unless postponed for reasonable cause, the judge shall hear and determine the matter without the intervention of a jury and shall render such judgment and order as may be right and proper, either dismissing the petition or removing the offending member or members of said county board of tax assessors from office and declaring a vacancy therein. If either party to the controversy is dissatisfied with said judgment and order, such party may take the same to the Court of Appeals by fast bill of exceptions in the manner provided by Section 6-903"
be amended by striking the words "by fast bill of exceptions in the manner provided by Section 6-903" and substituting "by bill of exceptions as in other cases," so that said section, when so amended, will read:
"Upon petition by lO or more freeholders of the county to the judge of the superior court in term time or at chambers, that any one or more members of the board of county tax assessors are disqualified, or are not properly and impartially discharging their duties, or are discriminating in favor of certain citizens or classes of citizens and against others, the said judge shall cite the members so complained of, to appear before him at a time and place in the county to be fixed in said citation, not less than 20 nor more than 40 days from the date of the presentation of said petition, and make answer to said petition. A copy of said petition shall be attached to said citation and service thereof may be made by any sheriff, deputy sheriff or constable of this state. The officer making the service shall serve copies and return the original petition and citation to the clerk of the court as other process is now returned. At the time and place fixed in said citation, unless postponed for reasonable cause, the judge shall hear and determine the matter without the intervention of a jury and shall render such judgment and order as may be right and proper, either dismissing the petition or removing the offending member or members of said county board of tax assessors from office and declaring a vacancy therein. If either party to the controversy is dissatisfied with said judgment and order, such party may take the same to the Court of Appeals by bill of exceptions as in other cases."
30. That Section 93-416 of the Code of 1933, which is:
"Every common carrier, railroad, street railroad, railroad corporation, street railway corporation, express, telephone, telegraph, dock, wharfage, and terminal com-

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pany or corporation within the state and other corporations, companies, or persons coming under the provisions of this section, and all officers, agents, and employees of the same, shall obey, observe, and comply with every order made by the Public Service Commission under authority of law. Any common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage, or terminal company or corporation, cotton compress company within this state, and any other corporation, company, or person coming under the provisions of this section, which shall violate any provision of this section or the acts heretofore passed, or which fails, omits, or neglects to obey, observe, and comply with any order, direction or requirement of the Commission heretofore or hereafter passed, shall forfeit to the state a sum of not more than $5,000 for each offense, the amount to be fixed by the presiding judge. Every violation of the provisions of this section or any other section, or of any such order, direction, or requirement of the Public Service Commission shall be a separate and distinct offense, and, in case of a continued violation, every day a violation thereof takes place shall be deemed a separate and distinct offense. An action for the recovery of such penalty may be brought in the county of the principal office of such corporation or company in this state, or in the county of the state where such violation occurs and such wrong is perpetrated, or in any county in this state through which said corporation or company operates, or where the violation consists of an excessive charge for the carriage of freight or passengers, or service rendered, in any county in which said charges are made, or through which it was intended that such passengers or freight should have been carried or through which such corporation operates, and shall be brought in the name of the state by direction of the governor. Any procedure to enforce such penalty shall be triable at the first term of the court to which it is brought and shall be given precedence over other business by the presiding judge, and the court shall not be adjourned until such proceeding is legally continued or disposed of. The decision in such case may be taken to the Court of Appeals as provided in cases of the grant or refusal of injunctions by judges of the superior courts"
be amended by striking "as provided in cases of the grant or refusal of injunctions by judges of the superior courts" in the last two lines thereof and substituting "as in other cases," so that said section, when so amended, will read:
"Every common carrier, railroad, street railroad, railroad corporation, street railway corporation, express, telephone, telegraph, dock, wharfage, and terminal company or corporation within the state and other corporations, companies, or persons .coming under the provisions of this section, and all officers, agents, and employees of the same, shall obey, observe, and comply with every order made by the Public Service Commission under authority of law. Any common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage, or terminal company or corporation, cotton compress company within this state, and any other corporation, company, or person coming under the provisions of this section, which shall violate any provision of this section or the acts heretofore passed, or which fails, omits, or neglects to obey, observe, and comply with any order, direction or requirement of the Commission heretofore or hereafter passed, shall forfeit to the state a sum of not more than $5,000 for each offense, the amount to be fixed by the presiding judge. Every violation of the provisions of this

TUESDAY, JANUARY 15, 1946

73

section or any other section, or of any such order, direction, or requirement of the Public Service Commission shall be a separate and distinct offense, and, in case of a continued violation, every day a violation thereof takes place shall be deemed a separate and distinct offense. An action for the recovery of such penalty may be brought in the county of the principal office of such corporation or company in this state, or in the county of the state where such violation occurs and such wrong is perpetrated, or in any county in this state through which said corporation or company operates, or where the violation consists of an excessive charge for the carriage of freight or passengers, or service rendered, in any county in which said charges are made, or through which it was intended that such passengers or freight should have been carried or through which such corporation operates, and shall be brought in the name of the state by direction of the governor. Any procedure to enforce such penalty shall be triable at the first term of the court to which it is brought and shall be given precedence over other business by the presiding judge, and the court shall not be adjourned until such proceeding is legally continued or disposed of. The decision in such cases may be taken to the Court of Appeals as in other cases."
31. That Section 6-1501 of the Code of 1933, which is:
"When the counsel on either side shall apply to the court for an extension of time in argument beyond the time prescribed by the rules, and the said col!nsel shall state in his place, or on oath, in the discretion of the court, that he or they cannot do the question involved justice within the time prescribed, and that for said purpose it will require additional time, stating how much in his judgment it will so require, the court shall grant the request"
be repealed.
The committee from the bar of this state mentioned in the first paragraph of this report was appointed by an order of this court dated March 21, 1945, and was composed of the following:
Alapaha Circuit ---------------------------------------------H. W. Nelson, Adel Albany Circuit________________________________________________ Pope F. Brock, Atlanta
Atlanta Circuit.-------------------------------------------Pope F. Brock, Atlanta
F. M. Bird, Atlanta
D. F. McClatchey, Atlanta

Atlantic Circuit -------------------------------------1 T. Grice, Glennville Augusta Circuit ---------------------------------------------W. Inman Curry, Augusta
J os. B. Cumming, Augusta

Blue Ridge Circuit..........................................A. ]. Henderson, Canton ]. H. Hawkins, Marietta

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Brunswick Circuit__________________________________________Charles L. Gowen, Brunswick Chattahoochee Circuit____________________________________ Frank D. Foley, Columbus

Robert M. Arnold, Columbus

Cordele Circuit ----------------------------------------------George W. Williams, Cordele Cherokee Circuit --------------------------------------------E. S. Ault, Cartersville Coweta Circuit________________________________________________W, S. Allen, Greenville
Dublin Circuit ------------------------------------------------R. Earl Camp, Dublin
Eastern Circuit________________________________________________T, M. Cunningham, Savannah
E. H. Abrahams, Savannah

Flint Circuit----------------------------------------------------G. Ogden Persons, Forsyth Griffin Circuit ------------------------------------------------L. P. Goodrich, Griffin
Maq:m Circuit ------------------------------------------------1ohn B. Harris, Macon
Harry S. Strozier, Macon
Middle Circuit________________________________________________ E_ W. Jordan, Sandersville
Northeastern Circuit--------------------------------------1 oseph G. Collins, Gainesville Northern Circuit --------------------------------------------Raymonde Stapleton, Elberton Ocmulgee Circuit____________________________________________ Miles W. Lewis, Greensboro Oconee Circuit________________________________________________W, S. Mann, McRae
Ogeechee Circuit --------------------------------------------Fred T. Lanier, Statesboro Fataula Circuit________________________________________________C, W. Worrill, Cuthbert
Piedmont Circuit --------------------------------------------Clifford Pratt, Winder Marvin A. Allison, Lawrenceville

Rome Circuit --------------------------------------------------Dean Owens, Rome Southern Circuit --------------------------------------------Orner W. Franklin, Valdosta Southwestern Circuit ____________________________________W. W. Dykes, Americus Stone !Vlountain Circuit________________________________ B. Hugh Burgess, Decatur
Tallapoosa Circuit__________________________________________ Hal C. Hutchens, Dallas
Tifton Circuit ________________________________________________W. C. Forehand, Sylvester

TUESDAY, JANUARY 15, 1946

75

Toombs Circuit ..............................................Earle Norman, Washington
Waycross Circuit ..........................................Larry E. Pedrick, Waycross
Western Circuit ............................................Abit Nix, Athens
Ex-Officio ......................................................Charles J. Bloch, Macon
(The present president of the Georgia Bar Association, as well as all future presidents, as they are elected, shall be ex-officio members.)
Pending the preparation of this report, E. H. Abrahams, Esquire, of the Eastern Circuit, died and by order of this court, A. A. Lawrence, Esquire, of the same circuit, was appointed to succeed him; Sam S. Bennet, Esquire, of the Albany Circuit, died and by order of this court S. P. Cain, Esquire, of the same circuit, was appointed to succeed him; George W. Williams, Esquire, of the Cordele Circuit, removed his residence from that circuit, resigned from the committee, and by order of the court, Harvey L. Jay, Esquire, of the same circuit, was appointed to succeed him.
Respectfully submitted,
Charles J. Bloch,
Chairman.
Attest:
Mrs. Grant Williams, Secretary.
Filed in office January 9, 1946.
K. C. Bleckley, Clerk, Supreme Court of Georgia.

SUPREME COURT OF GEORGIA

Atlanta, January 14, 1946.

I hereby certify that the foregoing is a true and correct copy of the Bar Committee Report, as filed in this office on January 9, 1946.

[SEAL]

K. C. Blel"kley, Clerk, Supreme Court of Georgia.

EXHIBIT "2-B"

Report No. Two

GENERAL PROCEDURE IN TRIAL COURTS TO THE HONORABLE THE SUPREME COURT OF GEORGIA:

The committee from the bar of this state appointed by your Honor under the provisions of an act of the General Assembly approved February 16, 1945 (Ga. Laws 1945, p. 145, et seq.,) to aid in the preparation of rules of procedure and pleading

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and practice in civil actions and civil proceedings of all kinds m the courts of this state, recommends to the court the following:
I. That Section 20-506 of the Code of 1933, which is:
"Obligations to pay attorney's fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, are void, and no court shall enforce such agreement to pay attorney's fees, unless the debtor shall fail to pay such debt on or before the return day of the court to which suit is brought for the collection of the same: Provided, the holder of the obligation sued upon, his agent, or attorney notifies the defendant in writing 10 days before suit is brought, of his intention to bring suit, and also the term of the court to which suit will be brought"
be amended by striking the words "court to which suit is brought for the collection of the same: Provided the holder of the obligation sued upon, his agent, or attorney notifies the defendant in writing, 10 days before suit is brought, of his intention to bring suit, and also the term of the court to which the suit will be brought," and substituting: "suit which is brought for the collection of the same: Provided, the holder of the obligation sued upon, his agent or attorney notifies the defendant in writing, 10 days before the suit is brought of his intention to bring suit," so that said section, when amended, will read:
"Obligations to pay attorney's fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, are void, and no court shall enforce such agreement to pay attorney's fees, unless the debtor shall fail to pay such debt on or before the return day of the court to which suit is brought for the collection of the same: Provided, the holder of the obligation sued upon, his agent, or attorney notifies the defendant in writing 10 days before suit is brought, of his intention to bring suit."

2. That Section 24-3325 of the Code of 1933, which is:
"All matters appearing on the face of the declaration or process, that would not be good in arrest of judgment, shall be taken advantage of at the first term, and be immediately determined by the court"
be amended by striking the words "at the first term and be immediately determined by the court" and substituting "on or before the appearance date of the case, and be immediately determined by the court," so that said section, when amended, will read:
"All matters appearing on the face of the declaration or process, that would not be good in arrest of judgment, shall be taken advantage of on or before the appearance date of the case, and be immediately determined by the court."
3. That Section 81-111 of the Code of 1933, which is:
"The original petition shall be deposited in the clerk's office at least 20 days before the term to which it is returnable; and if delivered within the 20 days, the clerk shall made the same returnable to the next term thereafter." .
be repealed, and in lieu thereof there be adopted, prescribed and substituted:

TUESDAY, JANUARY 15, 1946

n

"The day on which an original petition is deposited in the clerk's office shall be known as the return day of that petition. The day on which defensive pleadings shall be filed with respect to a petition shall be known as the appearance day of that case."
I
4. That Section 81-112 of the Code of 1933, which is:
"The clerk shall indorse upon every petition the date of its filing in office, which shall be considered the time of the commencement of the suit. No petition shall require the sanction of the judge before its filing, unless it shall pray some extraordinary remedy" be amended by striking the words "unless it shall pray some extraordinary remedy," so that said section, when amended, will read:
"The clerk shall indorse upon every petition the date of its filing in office, which shall be considered the time of the commencement of the suit. No petition shall require the sanction of the judge before its filing."
5. That Section 81-201 of the Code of 1933, which is:
"The clerk shall annex to every petition a process (unless the same shall be waived), signed by the clerk or his deputy, and bearing teste in the name of a judge of the court, and directed to the sheriff or his deputy, requiring the appearance of the defendant at the return term of the court"
by striking the words "requiring the appearance of the defendant at the return term of the court" and substituting "requiring the defendant or defendants to answer the petition within thirty days after the service of the petition and process. If the period of time between the appearance day of a case and the day on which the next regular term of court is scheduled by law to begin is 30 days or more, the case shall be deemed to be returnable to that term. If the period of time between the appearance day of a case and the day on which the next regular term of court is scheduled by law to begin is less than 30 days, the case shall be deemed to be returnable to the next regular term of court thereafter. No petition shall abate for lack of service until so ordered by the court in which it was filed," so that said section, when amended, will read:
"The clerk shall annex to every petition a process (unless the same shall be waived), signed by the clerk or his deputy, and bearing teste in the name of a judge of the court, and directed to the sheriff or his deputy, requiring the defendant or defendants to answer the petition within thirty days after the service of the petition and process. If the period of time between the appearance day of a case and the day on which the next regular term of court is scheduled to begin is 30 days or more, the case shall be deemed to be returnable to that term. If the period of time between the appearance day of a case and the day on which the next regular term of court is ~cheduled by law to begin is less than 30 days, the case shall be deemed to be returnable to the next regular term of court thereafter. No petition shall abate for lack of service until so ordered by the court in which it was filed."
6. That Section 81-202 of the Code of 1933, which is:

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"The clerk shall deliver the original petition, with process annexed, together with a copy of the petition and process for each defendant, to the sheriff or his deputy, who shall serve such copy upon each defendant residing in the county at least 15 days before the first day of the term and within five days from the time of receiving the same, and make an entry of such service upon the original petition, and return the same to the clerk. Leaving a copy at defendant's residence shall be a sufficient service"
be amended by inserting the word "immediately" between the words "shall" and "deliver" in the second line of said section, and by striking the words "at least 15 days before the first day of the term and within five days from the time of receiving the same, and make an entry of such service upon the original petition and return the same to the clerk" and substituting "immediately or within five days from the time of receiving it. The officer serving the petition and process shall make an entry of such service upon the original petition and return it to the clerk. The entry of service shall show the date of service. Each copy served on a defendant shall show a date of 'ervice signed by the officer serving," so that said section, when amended, will read:
"The clerk shall immediately deliver the original petition, with process annexed, together with a copy of the petition and process for each defendant, to the sheriff or his deputy, who shall serve such copy upon each defendant residing in the county immediately or within five days from the time of receiving it. The officer serving the petition and process shall make an entry of such service upon the original petition and return it to the clerk. The entry of service shall show the date of service. Each copy served on a defendant shall show a date of service signed by the officer serving. Leaving a copy at defendant's residence shall be a sufficient service."
7. That Section 81-206 of the Code of 1933, which is:
"In all cases where the defendant or other party shall reside out of this state, and it shall be necessary to perfect service upon such person by publication, upon the fact being made to appear to the judge of the court in which suit is pending, either in term or vacation, said judge may order service to be perfected by publication in the paper in which sheriff's advertisements are printed, twice a month for two months. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court and term and character of the action, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the next term of the court, and shall bear teste in the name of the judge and shall be signed by the clerk of said court"
be amended by striking the words "in all cases" and substituting m all actions for divorce," and by striking the words "or other party" and by striking the word "person" and substituting "defendant," all in the first sentence thereof, so that section, when amended, will read:
"In all actions for divorce where the defendant shall reside out of this state, and it shall be necessary to perfect service upon such defendant by publication, upon the fact being made to appear to the judge of the court in which suit is pending, eithl'r

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79

in term or vacation, said judge may order service to be perfected by publication in the paper in which sheriffs' advertisements are printed, twice a month for two months. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court and term and character of the action, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the next term of the court, and shall bear teste in the name of the judge and shall be signed by the clerk of said court.:'
8. That Section 8-207 of the Code of 1933, which is:
"In all cases where the residence or abiding place of the absent or non-resident party is known the party obtaining the order shall file in the office of the clerk, at least 30 days before the term next after the order for publication, a copy of the newspaper in which said notice is published, with said notice plainly marked; and thereupon it shall be the duty of said clerk at once to inclose, direct, stamp, and mail said paper to said party named in said order, and make an entry of his action on the petition or other writ in said case. When publication is ordered, personal service of a copy of the petition, process and order of publication, out of the state, shall be equivalent to deposit in the post office, when proved to the satisfaction of the judge by affidavit or otherwise"
be amended by striking the words "in all cases" and substituting "in all actions for divorce" in the first line, and by striking the word "party" and substituting the word "defendant" in the second line, so that said section when amended, will read:
"In all actions for divorce, where the residence or abiding place of the absent or non-resident defendant is known, the party obtaining the order shall file in the office of the clerk, at least 30 days before the term next after the order for publication, a copy of the newspaper in which said notice is published, with said notice plainly marked; and thereupon it shall be the duty of said clerk at once to inclose, direct, stamp, and mail said paper to said party named in said order, and make an entry of his action on the petition or other writ in said case. When publication is ordered, personal service of a copy of the petition, process, and order of publication, out of the state, shall be equivalent to deposit in the post office, when proved to the satisfaction of the judge by affidavit or otherwise."
9. That there be adopted, prescribed and enacted, to become a part of Chapter 81 of the Code of 1933, and to be construed as immediately following Section 81-207 of said code, the following:
"In all cases, other than actions for divorce, where service by publication is permitted under the law and where the defendant or other party shall reside out of this state, and it shall be necessary to perfect service upon such person by publication, upon the fact being made to appear to the judge of the court in which suit is pending, either in term or vacation, said judge may order service to be perfected by publication in the paper in which sheriff's advertisements are printed, four times within the ensuing 60 days, publications to be at least 7 days apart. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth

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the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the court in which the action is pending within 60 days of the date of the order for service by publication, and shall bear teste in the name of the judge, and shall be signed by the clerk of said court. The date upon which the non-resident is called upon to appear shall be the appearance day of the case.
10. That there be adopted, prescribed and enacted to become a part of Chapter 81 of the Code of 1933 and to be construed as immediately following the matter contained in the preceding paragraph of this report, the following:
"In all cases provided for in the foregoing section, where the residence or abiding place of the absent on non-resident is known, the party obtaining the order shall file in the office of the clerk, within fifteen days after the date of the order for service by publication, a copy of the newspaper in which said notice is published, with said notice plainly marked; and thereupon it shall be the duty of said clerk at once to inclose, direct, stamp, and mail said paper to said party named in said order, and make an entry of his action on the petition or other writ in said case. When publication is ordered, personal service of a copy of the petition, process, and order of publication, out of the state, shall be equivalent to deposit in the post office when proved to the satisfaction of the judge by affidavit or otherwise."
11. That Section 81-218 of the Code of 1933, which is:
"Whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, which shall be the appearance term."
be amended by inserting before the beginning of said section "As to all classes of cases where there is or shall be an appearance term," so that said section, when amended, will read:
"As to all classes of cases where there is or shall be an appearance term, whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, which shall be the appearance term."
12. That Section 81-301 of the Code of 1933, which is:
"A defendant may either demur, plead or answer to the petition, or may file one or more or all of these defenses at once without waiving the benefit. of either; or he may file two or more pleas to the same action. All demurrers and pleas shall be filed at the first term"
hy striking the last sentence thereof and substituting: "All demurrers and pleas of the defendant shall be filed on or before the time stated in the process as the appearance day. All demurrers of the plaintiff to the defendant's answer or other pleas shall be filed within 15 days after such defensive pleadings are filed," so that said section, when amended, will read:

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81

"A defendant may either demur, plead or answer to the petition, or may file one or more or all of these defenses at once without waiving the benefit of either; or he may file two or more pleas to the same action. All demurrers and pleas of the defendant shall be filed on or before the time stated in the process as the appearance day. All demurrers of the plaintiff to the defendant's answer or other pleas shall be filed within 15 days after such defensive pleadings are filed.
13. That Section 81-305 of the Code of 1933, which is:
"In all cases where the defendant has been served with petition and process, he shall appear at the court to which such process is made returnable, and make his defense in writing, signed by himself or counsel, in which he shall plainly, fully, and distinctly set forth his defense. Such plea or answer may contain as many several matters as the defendant may think necessary for his defense"
be amended by striking the words "he shall appear at the court to which such process is made returnable, and make" and substituting "he shall file with the clerk of the court in which the suit is pending, and within the time required by such process," so that said section when amended, will read:
"In all cases where the defendant has been served with petition and process, he shall file with the clerk of the court in which the suit is pending, and within the time required by such process, his defense in writing, signed by himself or counsel, in which he shall plainly, fully, and distinctly set forth his defense. Such plea or answer may contain as many several matters as the defendant may think necessary for his defense."
14. That Section 81-403 of the Code of 1933, which is:
"No dilatory plea shall be received or admitted unless an affidavit shall be made to the truth thereof, and shall be filed at the first term"
be repealed and in lieu thereof there be adopted, prescribed, and substituted:
"No dilatory plea shall be received or admitted unless an affidavit shall be made to the truth thereof. All dilatory pleas must be filed on or before the time stated in the process as the appearance day."
15. That Section 8-1001 of t~e Code of 1933, which is:
"The judge at each regular term of the superior court shall call all cases on the appearance docket, and hear and decide all objections made to the sufficiency of petitions and pleas, and may by order dismiss plaintiff's petition or strike defendant's plea for noncompliance with the requirements of law, unless the defect shall be cured by amendment; the court may on good cause shown allow a reasonable time in his discretion for making and filing such amendment"
be repealed and in lieu thereof there be adopted, prescribed, and substituted:
"The judge at any time in vacation after the appearance day of a case shall, upon request of counsel for either party, hear and decide all objections made to the

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sufficiency of the petition and pleas and may, by order, dismiss plaintiff's petition or strike defendant's plea for noncompliance with the requirements of the law, unless the defect shall be cured by amendment. The court may, on good cause shown, allow a reasonable time in his discretion for making and filing such amendment. Such hearing may be had at any place in the circuit, after due notice to attorneys for the parties."

16. That Section 81-1002 of the Code of 1933, which is:
"In all cases demurrer, pleas and answer shall be disposed of in the order named, and all demurrers and pleas shall be determined at the first term unless continued by the court or by consent of parties. In equity causes, however, where extraordinary relief is sought, the trial court may hear, pass upon and determine all demurrers in such cases at any interlocutory hearing before the appearance or first term"
be amended by inserting immediately after the words "first term" in the first sentence "unless previously disposed of in accordance with Section 81-1001, or", and by striking the last sentence, so that said section, when amended, will read:
"In all cases demurrer, pleas and answer shall be disposed of in the order named, and all demurrers and pleas shall be determined at the first term, unless previously disposed of in accordance with Section 81-1001, or unless continued by the court or by consent of parties."

17. That Section One of the act of the General Assembly approved March 28, 1935, entitled
"An act to regulate procedure in the courts of this state by providing for the trial of all cases at the first or appearance term where the parties consent thereto; by ratifying and confirming all verdicts and judgments rendered in divorce cases heretofore tried and rendered by parties at the first or appearance term of any court; providing a period of limitation within which the defendant in any divorce case tried at the first or appearance term shall move to set aside the verdict or judgment therein rendered; and for other purposes," which Section One is:
"That all cases, whether at law or in equity, in the courts of this state may be tried at the first or appearance term, provided the same is ready for trial, upon the consent of the parties thereto, which consent shall be entered upon the docket of the court"
be stricken, and in lieu thereof there be adopted, prescribed and substituted:
"Any action for divorce in the courts of this state may be tried at the first or appearance term, provided it is ready for trial, upon the consent of the parties thereto, which consent shall be entered upon the docket of the court. All other cases, whether at law or in equity in the courts of this state, shall be in order for trial at the term to which they are returnable."

18. That Section 110-401 of the Code of 1933, which is:

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83

"In all cases, the judge at each term shall call the appearance docket upon some day previously fixed or on the last day of the term, and upon such call all cases in which the defendant has not filed a demurrer, plea, answer, or other defense shall be marked 'in default' on the docket. Such entry on the docket shall be considered a judgment by default, without a formal entry thereof, and the plaintiff's claim, allegation, or demand shall be tried in all cases of default by a jury, except as provided elsewhere in this code; but no such trial shall in any case be had at the first term, unless specially provided for by law"
be repealed, and in lieu thereof there be adopted and prescribed:
"If any case is not answered on or before its appearance day, such case shall automatically become in default unless the time has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within 15 days after the appearance day, upon the payment of costs. If the case is still in default, the plaintiff, at any time on or after the first day of the term to which the case is returnable, shall be entitled to verdict and judgment by default as if every item and paragraph of the petition were supported by proper evidence, and his claim, allegation or demand may at any time thereafter be tried without the intervention of a jury unless the suit is one for unliquidated damages, whether ex contractu or ex delicto, in either of which events the plaintiff shall be required to introduce evidence and establish the amount of damages before a jury, and the defendant may contest the amount of such damages before a jury, with the right to move for a new trial in respect to such damages, and also to except as in other cases. Such trial may in any case be held at any time on or after the first day of such term.
19. That Section 110-402 of the Code of 1933, which is:
"At any time within 30 days after the entry of" 'default', the defendant, upon payment of all costs which shall have accrued, shall be allowed to open the default and file his defense by demurrer, plea, or answer"
be repealed.
20. That Section 110-403 of the Code of 1933, which is:
"If the default is not opened as provided in the preceding section, the plaintiff shall be entitled, at the trial term, to take a verdict or judgment as the case may require. In all cases, except actions for unliquidated damages and suits on uncondiditional contracts in writing, the plaintiff shall be permitted to take a verdict as if every item and paragraph of the petition were supported by proper evidence."
be repealed.
21. That Section 110-404 of the Code of 1933, which is:
"At the trial term the judge, in his discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of a plea, or for excusable neglect, or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the

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court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and announce ready to proceed with the trial."
be amended by striking the opening words, "At the trial term" and substituting "At any time before final judgment," so that said section when amended, will read:
"At any time before final judgment, the judge, in his discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of a plea, or for excusable neglect, or wherethe judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and announce ready to proceed with the trial."

22. That Section 110-405 of the Code of 1933, which is:
"In all cases where the damages are not liquidated and a judgment by default is entered, the plaintiff shall be required to introduce evidence and establish the amount of damages. The defendant may contest the amount of such damages before the jury with a right to move for a new trial in respect to such damages and to except as in other cases."
be repealed.
23. That Section 110-406 of the Code of 1933, which is:
"The court shall render judgment without the verdict of a jury in all civil cases founded on unconditional contracts in writing, where an issuable defense is not filed under oath or affirmation at the first term"
be repealed, and in lieu thereof there be adopted, prescribed and suhstituted:
"The court, at the term at which the case is returnable, shall render judgment without the verdict of a jury in all civil cases founded on unconditional contracts in writing where an issuable defense is not filed under oath or affirmation on or before the appearance day as to such case, and where the case is still in default."

24. That there be adopted, prescribed and enacted the following:
"Nothing in this section of these rules shall repeal or affect the mode of any special statutory proceeding, such as the foreclosure of liens and mortgages, proceedings to eject tenants and intruders, claims and illegalities, mandamus, quo warranto, prohibition, habeas corpus, establishment of lost papers, petitions to the judge of the superior court at chambers, nor other special proceedings of like nature, nor the fictitious forms of pleading in ejectment, nor change the existing law or procedure as to alimony or divorce cases."
25. That there be adopted, prescribed and enacted the following:
"The provisions of this section of these rules shall apply to all suits in the supe-

TUESDAY, JANUARY 15, 1946

85

rior courts of this state except those proceedings specifically excepted in Paragraph 24 hereof, and shall also apply to all matters pertaining to service, pleading and practice in cases in city courts where not inconsistent with the acts creating such city courts or acts amendatory thereof."
26. That Section 61-114 of the Code of 1933, which is:
"All contracts for rent shall bear interest from the time the rent is due, and judgments upon suits for rent may be rendered at the first term."
be amended by striking the words "and judgments upon suits for rent may be rendered at the first term," so that said section, when amended, will read:
"All contracts for rent shall bear interest from the time the rent is due:"
The committee from the bar of this state mentioned in the first paragraph of this report was appointed by an order of this court dated March 21, 1945, and was composed of the following:
Alapaha Circuit ----------------------------------------------H. W. Nelson, Adel
. Albany Circuit________________________________________________Sam S. Bennet, Albany . Atlanta Circuit________________________________________________ Pope F. Brock, Atlanta
F. M. Bird, Atlanta D. F. McClatchey, Atlanta
Atlantic Circuit ----------------------------------------------1. T. Grice, Glennville Augusta Circuit ______________________________________________W. Inman Curry, Augusta
Jos. B. Cumming, Augusta Blue Ridge Circuit..________________________________________A. J. Henderson, Canton
J. H. Hawkins, Marietta Brunswick Circuit..________________________________________ Charles L. Gowen, Brunswick:
Chattahoochee Circuit____________________________________ Frank D. Foley, Columbus Robert M. Arnold, Columbus
Cordele Circuit ______________________________________________ George W. Williams, Cordele
Cherokee Circuit ____________________________________________ E. S. Ault, Cartersville
Coweta Circuit________________________________________________W. S. Allen, Greenville
Dublin Circuit ------------------------------------------------R. Earl Camp, Dublin
Eastern Circuit________________________________________________T. M. Cunningham, Savannah E. H. Abrahams, Savannah
Flint CircuiL..................................................G. Ogden Persons, Forsyth
Griffin Circuit ------------------------------------------------L. P. Goodrich, Griffin

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Macon Circuit ................................................]ohn B. Harris, Macon Harry S. Strozier, Macon
Middle Circuit................................................ E. W. Jordan, Sandersville
Northeastern Circuit..............................'........] oseph G. Collins, Gainesville
Northern Circuit ............................................Rayrnonde Stapleton, Elberton
Ocrnulgee Circuit............................................ Miles W. Lewis, Greensboro
Oconee Circuit..........-------------------------------------W. S. Mann, McRae Ogeechee Circuit ............................................Fred T. Lanier, Statesboro
Pataula Circuit................................................C. W. Worrill, Cuthbert
Piedmont Circuit ............................................Clifford Pratt, Winder Marvin A. Allison, Lawrenceville
Rome Circuit .................................................Dean Owens, Rome
Southern Circuit -------------------------------------------.Orner W. Franklin, Valdosta Southwestern Circuit ....................................W. W. Dykes, Americus Stone Mountain Circuit................................B. Hugh Burgess, Decatur
Tallapoosa Circuit.......................................... Hal C. Hutchens, Dallas
Tifton Circuit ................................................W. C. Forehand, Sylvester
Toombs Circuit .............................................. Earle Norman, Washington
Waycross Circuit ................. .-........................Larry E. Pedrick, Waycross
Western Circuit --------------------------------------------Abit Nix, Athens
Ex-Officio ------------------------------------------------------Charles J. Bloch, Macon
(The present president of the Georgia Bar Association, as well as all future presidents, as they are elected, shall be ex-officio members.)
Pending the preparation of this report, E. H. Abrahams, Esquire, of the Eastern Circuit, died and by order of this court, A. A. Lawrence, Esquire, of the same circuit, was appointed to succeed him; Sam S. Bennet, Esquire, of the Albany Circuit, died and by order of this court S. P. Cain, Esquire, of the same circuit, was appointed to succeed him; George W. Williams, Esquire, of the Cordele Circuit, removed his residence from that circuit, resigned from the committee, and by order of the court, Harvey L. Jay, Esquire, of the same circuit, was appointed to succeed him.
Respectfully submitted,
Charles J. Bloch, Chairman.

TUESDAY, JANUARY 15, 1946

87

Attest:
Mrs. Grant Williams, Secretary.
Filed in office January 9, 1946.

K. C. Bleckley, Clerk, Supreme Court of Georgia.

SUPREME COURT OF GEORGIA

Atlanta, January 14, 1946.

I hereby certify that the foregoing is a true and correct copy of the Bar Committee Report, as filed in this office on January 9, 1946.

[SEAL]

K. C. Bleckley, Clerk, Supreme Court of Georgia.

EXHIBIT "3-B"

Report No. Th1ee

ADMISSION OF GENUINENESS OF DOCUMENTS PRE-TRIAL CONFERENCES

TO THE HONORABLE THE SUPREME COURT OF GEORGIA:

The committee from the bar of this state appointed by your Honor under the provisions of an act of the General Assembly approved February 16, 1945 (Ga. Laws 1945, p. 145, et seq) to aid in the preparation of rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the courts of this state, recommends to the court the following:

1. That there be adopted, prescribed and enacted the following:
"At any time after the service of the petition or contemporaneously with the service of the petition, either or any party may serve upon any other party or his attorney a written request for the admission by the latter of the genuineness of any relevant document described in and exhibited with the request. Copies of the documents shall be delivered with the request unless copies have already been furnished. Each of the matters of which the admission is requested shall be deemed admitted unless, within the period designated in the request, not less than 30 days after the service thereof, or within such further time as the court may allow on written motion and notice thereof to the requesting party, the party to whom the request is directed serves upon the party requesting the admission a sworn statement, either deyning specifically the matters of which an admission is requested, or setting forth in detail the reasons why he cannot truthfully either admit or dc;ny those matters. The party originating such request for admission shall within 10 days after the time specified for an answer to be made, file the original of such request for admission with the clerk of the court in which the proceeding is pending, and the party upon whom such

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request is served shall within 10 days after the. time specified or allowed for making answer thereto, file the original of his answer with the court in which the proceeding Js pending."
2. That there be adopted, prescribed and enacted the following:
"Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by him for any other purpose nor may be used against him in any other proceeding. Such admission may be stricken or withdrawn by the party making it in the same manner and to the same extent as a pleading may be stricken or withdrawn so as not to be conclusive against him as a solemn admission in judicio, but even if so stricken or withdrawn, it may still be introduced and used as evidence by the opposite party."
3. That there be adopted, prescribed and enacted the following:
"In any action, the judge may in his discretion, upon his own motion or upon motion of attorneys, direct the attorneys for the parties to appear before him for a conference to consider:
" ( 1) The simplification of the issues;
"(2) The necessity or desirability of amendments to the pleadings;
" (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
" (4) The limitation of the number of expert witnesses;
"(5) Such other matters as may aid in the disposition of the action.
"Such conference may be held either in term time or in vacation, at any time after the appearance day, and if in vacation or at chambers, may be held at any place in the circuit designated by the judge or at such other places as the judge may designate on agreement of the parties."
The committee from the bar of this state mentioned in the first paragraph of this report was appointed by an order of this court dated March 21, 1945, and was composed of the following:
Alapaha Circuit --------------------------------------------H. W. Nelson, Adel
Albany Circuit----------------------------------------------Sam S. Bennet, Albany Atlanta Circuit________________________________________________ Pope F. Brock, Atlanta
F. M. Bird, Atlanta D. F. McClatchey, Atlanta
Atlantic Circuit -------------------------------------1 T. Grice, Glennville Augusta Circuit ...............................................W. Inman Curry, Augusta
Jos. B. Cumming, Augusta

TUESDAY, JANUARY 15, 1946

89

Blue Ridge Circuit---------"-------------------------------A. J. Henderson, Canton ]. H. Hawkins, Marietta
Brunswick Circuit..-----------------------------Charles L. Gowen, Brunswick Chattahoochee Circuit.................................... Frank D. Foley, Columbus
Robert M. Arnold, Columbus Cordele Circuit --------------------------------George W. Williams, Cordele Cherok<;e Circuit ---------------------------------E. S. Ault, Cartersville Coweta Circuit________________________________________________W. S. Allen, Greenville
Dublin Circuit ----------------------------------------R. Earl Camp, Dublin Eastern Circuit................................................T. M. Cunningham, Savannah
E. H. Abrahams, Savannah Flint Circuit...................................................G. Ogden Persons, Forsyth Griffin Circuit ------------------L. P. Goodrich, Griffin Macon Circuit-------- ....... ] ohn B. Harris, Macon
Harry S. Strozier, :Macon Middle Circuit................................................ E. W. Jordan, Sandersville Northeastern Circuit....---------------------------------1oseph G. Collins, Gainesville Northern Circuit ----------------------Raymonde Stapleton, Elberton Ocmulgee Circuit............................................ Miles W. Lewis, Greensboro Oconee Circuit................................................W. S. Mann, McRae Ogeechee Circuit ------------Fred T. Lanier, Statesboro Pataula Circuit................................................C. W. Worrill, Cuthbert Piedmont Circuit ...........................................Clifford Pratt, Winder
Marvin A. Allison, Lawrenceville Rome Circuit ..................................................Dean Owens, Rome Southern Circuit ---------------------------Orner W. Franklin, Valdosta Southwestern Circuit ----------W. W. Dykes, Americus Stone Mountain Circuit................................B. Hugh Burgess, Decatur Tallapoosa Circuit.......................................... Hal C. Hutchens, Dallas Tifton Circuit ----------------------W. C. Forehand, Sylvester Toombs Circuit -------------------------Earle Norman, Washington

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Waycross Circuit ------------------------------------------Larry E. Pedrick, Waycross

Western Circuit --------------------------------------------Abit Nix, Athens

Ex-Officio ------------------------------------------------------Charles J. Bloch, Macon

(The present president of the Georgia Bar Association, as well as all future presidents, as they are elected, shall be ex-officio members.)

Pendir.g the preparation of this report, E. H. Abrahams, Esquire, of the Eastern Circuit, died and by order of this court, A. A. Lawrence, Esquire, of the same cir; cuit, was appointed to succeed him; Sam S. Bennet, Esquire, of the Albany Circuit, died and by order of this court S. P. Cain, Esquire, of the same circuit, was appointed to succeed him; George W. Williams, Esquire, of the Cordele Circuit, removed his residence from that circuit, resigned from the committee, and by order of the court, Harvey L. Jay, Esquire, of the same circuit, was appointed to succeed him.

Respectfully submitted,

Charles J. Bloch, Chairman.

Attest:

Mrs. Grant Williams, Secretary.

Filed in office January 9, 1946.

K. C. Bleckley, . Clerk, Supreme Court of Georgia.

SUPREME COURT OF GEORGIA

Atlanta, January 14, 1946.

I hereby certify that the foregoing is a true and correct copy of the Bar Committee Report, as filed in this office on January 9, 1946.

(SEAL]

K. C. Bleckley, Clerk, Supreme Court of Georgia.

Under the special and continuing order of business established by the Committee on Rules the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 361. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to authorize the governing authorities of the several counties, to enact and enforce zoning and planning ordinances; and for other purposes.
The following amendments to H B 361 were read and adopted:

rUESDAY, JANUARY 15, 1946

91

Mr. Smith of Bryan moves to amend HB 361 by adding a new paragraph to be appropriately numbered Ldore the repealing clase as follows:
"The foregoing provisions shall not become effective in any county, outside of incorporated municipalities, until recommended by two successive grand juries of the respective county to be enforced."
Mr. Hand of Mitchell moves to amend HB 361 by adding a new section to be known as Section 17A and to read as follows:
"Section 17A. This act shall not affect any county now having a system of zoning and planning ordinances and regulations unless the governing authority of such county .hall by resolution declare this act to be effective."
Mr. Matthews of Peach moved to amend HB 361 as follows:
1. By adding to the caption the following words ,immediately before the enacting clause: "and also to provide that the governing authorities of the several counties or municipalities shall have the right and authority to require, as rapidly as is consistent with the State Highway Department's ability to furnish plans, specifications, drawings, engineering supervision, and letting of contracts, to pave or improve any road or street of the county or any municipality, city or town therein, out of funds furnished by said governing authorities or said cities, municipalities, or towns; whether on any highway system or not.
2. By adding another section to said act, as follows:
"Whenever the governing authorities of any county or of any municipality in this state shall have on hand available funds which they desire to use in the construction, reconstruction, improvement or repair of any road or street in said county or municipality, the governing authorities may present to the State Highway Department a request showing the amount of available funds for such work and the work desired to be performed; and thereupon it shall be the duty of the state Highway Department to make detailed surveys and estimates and advise such governing authorities as to the probably cost of the proposed work, as rapidly and speedily as their facilities will permit with due regard to general state work.
Upon receipt of estimates as to probably cost of said work, including work, labor, and materials, the said county or municipality shall have the right and authority to request the State Highway Department to let a contract for the work on behalf of the said county or said municipality on such terms and conditions as said governing authority may determine, the work to be paid for by said governing authority out of its own funds available for such purpose; payments to be made either by such governing authority or by the State Highway Department on behalf of such governing authority. The cost of plans, surveys, estimates, engineering supervision, letting of contracts, and all costs except payment for work, skill, labor, and materials going into the work to be paid out of funds appropriated to the State Highway Department.
Thereupon, on receipt of said request, said State Highway Department shall proceed as rapidly and speedily as practicable, to let the contract, according to law

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germane to such county or city work and on behalf of such county or city; and shall furnish all such service requested; but not the cost of work, labor, materials and supplies going into the work, without cost to the said county or city.
Mr. Matthews of Peach moved to amend HB 361, authorizing the governing
authority of the several counties to enact zoning and planning ordinances and regulations; providing for zoning and planning procedure; and providing for the establishment of planning boards and boards of adjustment, and for other purposes, as follows:
1. By adding to Section 1 of said act the following:
Provided, however, that nothing in this Section 1 or in this act shall give to any governing authority or to any planning board or to any board of adjustment any right or authority to take or damage any interest of any owner of property, or the holder of any interest in any property, without just compensation being first paid; and no owner of any property shall be compelled to expend money on his own property in building, moving, tearing down, constructing, reconstructing, erecting, altering or repairing same.
2. By adding to Section 10 of said act the following:
In addition to the powers conferred upon the board of adjustment hereby, said board shall have the full and complete power, and it shall be their duty, to declare null and void any order, requirement, decision, or determination appealed from if it is made to appear, by the record or by any new evidence submitted, that any owner of property, or of any interest therein, is being compelled thereby to expend money, on his own property in building, moving, tearing down, constructing, reconstructing, erecting, altering or repairing same; or that any property is being taken or damaged without just compensation being first paid.
3. By adding to said act another section to be called Section 18-A, directly after Section 18, as follows:
That anything in this act to the contrary, notwithstanding, any order, requirement, decision or determination made by any governing authority, planning board or board of adjustment, or other authority, shall be subject to review by the superior courts, and by a jury therein, of the county wherein the property affected lies; and if same lies in more than one county, in either of the counties wherein the property affected lies. Said appeal shall be a de novo investigation, as to the law and the facts; and shall be had at the option of any planning board, appeal board, governing authority, or the owner of any property affected or the owner of any interest therein. Any of said parties at interest may secure an appeal by filing with the clerk of said superior court a petition setting out that such appeal is desired with sufficient details in said petition to enable the court to identify the order, requirement, decision or determination appealed from; and a copy of said petition shall be served on the opposite party within 15 days after same is filed. Said petition, when filed, shall act as a supersedeas; and no board shall be required of appellant. Said petition may be amended in any way in which other petitions, or pleadings, are amendable under existing laws; and appellant may set out any and all matters germane to his, her, or its rights under this act or under the law. All questions of fact shall be tried by a

TUESDAY, JANUARY 15, 1946

93

jury; and all proceedings, and records, and including maps, plans, orders, requirements, decisions, and determinations may be introduced in evidence if same are competent evidence and germane to the appeal. The court and the jury shall have the power, and it shall be their duty, to consider and determine whether or not any of the provisions of law or this act have been violated and also whether or not the order, requirement, decision or determination is in the public interest. All appeals shall be made and filed within 30 days after the order, requirement, decision, and determination appealed from has been made and appellant notified thereof; and in default of such appeal, said right of appeal shall be barred. The opposite party (the appellee) shall file such responsive pleadings as are germane to the issues involved, with full right of amendment. All appeals provided for herein shall be tried at the first term after filing of the appeal, regardless of the return day of said term, provided service is perfected or waived.

Any party at interest who is aggrieved by the judgment rendered by the superior court upon such appeal may have the same reviewed by appeal in the same manner as now provided by law for fast bills of exception; and the Supreme Court of Georgia shall have jurisdiction on appeals.

4. By adding to said act another section to be called Section 19-B, as follows:

That any provision in this act, or in Section 16 thereof, which provides for a criminal punishment to be inflicted on the violator of any of the provisions of this act be stricken; and any such provision is null and void.

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

On the passage of the bill, as amended, the roll was called and the vote was as follows:

Those voting in the affirmative were:

Adams Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall of Coweta Barrett Barwick Battles Beddingfield Black
Bloodworth of Bibb
Bloodworth of Houston Boynton Britton Brock

Brooke Brunson c;llaway Campbell Cates Chance Chastain Cheek Claxton Conner at Cowart Dallis Dor~ey of Cobb Dupree Durden Ennis, J. H. Ennis, Marion

Etheridge of Butts Fortson Gramm age Gaskins Gavin Giddens Gilbert Glisson Gowen Greer Griswell Guerry Guyton Hall Hand Harden Hardy of Jackson

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Harrison of Screven Harrison of Wayne Hart Hefner Herndon Hicks Hill Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Kelley Kenimer Kennon Kent Key King Lam Lancaster Lewis Livingston Looper

McCracken McCurdy McNall McWhorter Mallard Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Peach Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Oliver O'Shea! Pannell Parham Parks Pettit Phillips Pittman of Bartow

Pittman of Tift Powell Ramey Ray Ritchie Rowland Seagler Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Strickland of Pike Swint Thornton Twitty Watford Weaver Wells of Lincoln Whaley Williams of Gwinnett Williams of Jones Williams of Toombs Williams of Ware Willis Wilson Young

Those voting in the negative were:

Garrison Odom

Sparks Thrash

Witherington

Not voting were: Arnold of Spalding, Baker, Banks, Bargeron, Brumby, Burch, Cheshire, Connell, Crow, Crowley, Culpepper, DeFoor, Dorsey of White, Dykes, Etheridge of Fulton, Evitt, Fowler, Freeman, Gary, Gibson, Greene, Hampton, Hardy of Hall, Harrison of Jenkins, Hatchett, Herrin, Hinson of Jeff Davis, Johns, Kendrick, Knabb, Lane, Littlejohn, Lovett, Malone, Mankin, Matthews of Paulding, Maund, Medders, Overby, Pennington, Porter, Price, Riddlespurger Rossee, Roughton, Sapp, Strickland of Upson, Sumner, Thompson, Trotter, Underwood, Wells of Ben Hill, Williams of Appling, Williams of Coffee, and Willoughby.

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

On the passage of the bill, as amended, the ayes were 144, the nays 5.

TUESDAY, JANUARY 15, 1946

95

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

HB 368. By Messrs. Hand and Twitty of Mitchell and Hart of Thomas:
A bill to be entitled an act to authorize the several municipalities of this state to enact zoning ordinances and to provide for the establishment of planning boards and board of adjustment; and for other purposes. The following amendment was read and adopted:
Mr. Hand of Mitchell moved to amend HB 368 by adding a new section to be known as Section 17A and to read as follows:
"Section 17A. This act shall not affect any municipality now having a system oi zoning and planning ordinances and regulations unless the governing authority of such municipality shall by resolution declare this act to be effectice.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, as amended, the ayes were 103, the nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 464. By Messrs. Thompson of Meriwether, Seagler of Crawford, Littlejohn of Floyd, Crowley of McDuffie, King of Richmond, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to authorize the State Highway Department to designate limited access facilities and for the planning, designation, establishment, use, regulation, alteration and improvement of limited access facilities; and for other purposes.
By unanimous consent HB 464 was placed at the foot of the calendar.

HB 479. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide that a plea of nolo contendere may be entered in all criminal cases in this state and to provide for the effect of such plea; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 484. By Messrs. Arnold and Swint of Spalding: A bill to be entitled an act to amend Code Section 13-2023 so as to remove

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the limitation as to the amount of Federal Farm Loan bonds that may be subscribed for by any bank; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 352. By Messrs. Phillips of Columbia and Durden of Dougherty.:
A bill to be entitled an act to provide for the conversion of fraternal benefits societies into stock life msurance or mutual life insurance companies; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the Senate to wit:
SR 27. By Senators Gross of the 31st ,Mavity of the 44th, Branch of the 47th, Wall of the 9th, Drake of the 8th, Stone of the 15th, Bennett of the 17th, Baggett of the 51st, and Daves of the 14th:
A resolution proposing to the qualified voters of the state, for ratification or rejection, an amendment to the Constitution of 1877, and all amendments thereto, protecting the right of the sovereign people to re-elect or defeat their elective state officials; and for other purposes.
Under the special and continuing order of business the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 362. By Messrs. Durden of Dougherty, Harris of Richmond, Hand of Mitchell, and Phillips of Columbia:
A bill to be entitled an act to authorize municipalities and counties of this state to acquire, construct, maintain and operate public parking places; and for other purposes.
The following amendment to HB 362 was read and adopted:

TUESDAY, JANUARY 15, 1946

97

The committee of the House on State of Republic moves to amend HB 362 by striking Section 2 in its entirety and by renumbering the remaining paragraphs in their numerical order.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 116, the nays 5.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 436. By Mr. Hicks of Floyd:
A bill to be entitled an act to repeal Code Section 85-1803 and substitute a new Section 85-1803 relating to assignment of choses in action arising upon contract, accounts, receivable or open accounts; provided for the rights of such debtors; and for other purposes.
The report 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 464. By Messrs. Thompson of Meriwether, Seagler of Crawford, Littlejohn of Floyd, Crowley of McDuffie, King of Richmond, Rossee of Putnam, and Pittman of Bartow:

A bill to be entitled an act to authorize the State Highway Department to designate limited access facilities and for the planning, designation, establishment, use, regulation, alteration and improvement of limited access facilities; and for other purposes.
The report 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 8.
The bill, having received the requisite constitutional majority, was passed.

The following report from the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules having had under consideration the fixing of a calen-

dar of business for today's session has established the following as a special and con-

tinuing order of business to wit:

-

HB 552. Abandonment.

HB 584. Shipping of chickens.

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HB 601. Admitting Confederate widows to the Confederate Home. HB 440. Prohibiting the use of metal tags on feed. HB 473. Stop signs. HR 66-458C. Paying obligation incurred by Board of Entomology. HR 89-562A. To compensate J. W. McDonald and Mrs. J. W. McDonald.
Respectfully submitted, Durden of Dougherty, Vice-Chairman.

Under the special 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 tim~ and placed upon their passage:
HB 552. By Messrs. Wilson, Weaver, and Bloodworth of Bibb:
A bill to be entitled an act to amend Code Section 74-9902 to provide for the commission of the offense of abandonment by a mother, and for the competency of witnesses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 1.
The bill, having received the requi1ite constitutional majority, was passed.

HB 584. By Messrs. Holbrook of Forsyth, Harrison of Habersham, Dorsey of White and Manous of Cherokee:
A bill to be entitled an act to require all hatcheries, persons, firms, or corporations shipping baby chicks to have same tested for pullorum; to require foreign corporations or firms shipping baby chicks to register with the Commissioner of Agriculture and file a certificate showing their chicks are tested for pullorum; and for other purposes.
By unanimous consent, HB 584 was postponed until January 18, 1946.

HB 601. By Mr. Culpepper of Fayette:
A bill to be entitled an act to provide for the admission and maintenance of widows of confederate veterans at the Confederate Soldiers home; to provide maintenance at said ~orne to be in lieu of pensions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, JANUARY 15, 1946

99

On the passage of the bill, the ayes were 109, the nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 440. By Mr. Nicholson of Qconee:
A bill to be entitled an act to prohibit the use of all metal clamps, tags, hooks, plates or strips on all sacks used for commercial feed; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 1.
The bill, having received the requisite constitutional majo,rity, was passed.

HB 473. By Messrs. Thompson of Meriwether, Matthews of Peach, Littlejohn of Floyd, Crowley of McDuffie, King of Richmond, Hubert of DeKalb, Rossee of Putnam, and Pittman of Bartow:
A bill to be entitled an act to. provide that any stop signs erected at intersections of roads by the State Highway Department shall be legal signs; and for other purposes.
The report 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.

HR 66-458c. By Mr. McCracken of Jefferson:
A resolution directing payment of balance due Riches, Piver Company for calcium arsenate purchased in the years 1921 through 1925; and for other purposes.
By unanimous consent HR 66-458c was placed at the foot of the calendar.

HR 89-562a. By Mr. Kennimer of Harris:
A resolution to appropriate $5,000.00 to compensate Mr. and Mrs. J. W.
McDonald for permanent injuries received by their infant son when struck: by a truck owned by the State Highway Department; and for other purposes.
This resolution involving an appropriation, the House was resolved into a Committee of the whole House for the consideration thereof with instructions not to read the resolution in its entirety, and the speaker designated Mr. Alexander of Chatham as chairman thereof.

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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 do pass.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

This resolution involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were:

Adams Alexander of Chatham Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Brunson Campbell Cates Cheshire Claxton Connell Connerat Cowart Crow Dallis Dorsey of Cobb Dorsey of White Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Evitt Fortson Fowler Freeman Gammage Garrison Gavin Giddens Gilbert Glisson

Gowen Greene Greer Griswell Guerry Guyton Hall Hampton Hand Harden Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Hicks Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Hooks Hubert Hurst Jennings of Sumter Jennings of Terrell Johns Kenimer Kennon Kent Key King Lam

Lancaster lt-wis Livingston Looper McCracken McCurdy McNall McWhorter Mallard lHankin Mann of Henry Mann of Rockdale lHanous :Mason Massey Matthews of Peach Medders Miller Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oden Odom Oliver O'Shea! Overby Pannell Parham Parks Phillips Pittman of Bartow P'ittman of Tift

TUESDAY, JANUARY 15, 1946

101

Powell Ramey Ray Ritchie Roughton Rowland Seagler Seagraves Sears Shields

Sills Smiley Smith of Emanuel Strickland of Pike Strickland of Upson Sumner Thompson Thornton Twitty Watford

Weaver Wells of Lincoln Whaley Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Young

Those voting in the negative were:

Adamson

Holloway

Cheek

Smith of Bryan

Witherington

Not voting were: Alexander of Carroll, Almand, Ansley, Arnall of Coweta, Arnold of Spalding, Baker, Banks, Bargeron, Barrett, Barwick, Brumby, Burch; Callaway, Chance, Chastain, Crowley, Culpepper, DeFoor, Dupree, Etheridge of Fulton, Gary, Gaskins, Gibson, Hardy of Hall, Herrin, Hill, Jackson, Kelley, Kendrick, Knabb, Lane, Littlejohn, Lovett, Malone, Matthews of Paulding, Maund, Oakley, Pennington, Pettit, Porter, Price, Riddlespurger, Rossee, Sapp, Sheffield, Smith of Oglethorpe, Sparks, Swint, Thrash, Trotter, Underwood, Wells of Ben Hill, Williams of Appling, Williams of Coffee, and Williams of Gwinnett.

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

On the adoption of the resolution, the ayes were 144, the nays 5.

The resolution, having received the requisite constitutional majority, was adopted.

Mr. Durden of Dougherty moved that the House do now adjourn, the motion prevailed and the speaker announced the House adjourned until tomorrow morning at lO :00 o'clock.

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Representative Hall, Atlanta, Georgia, Wednesday, January 16, 1946.

The House met pursuant to adjournment today at 10:00 o'clock, was called to order by the speaker and opened with scripture reading and prayer by Dr. Fred Smith, of the First Baptist Church, of Bremen, Georgia.
By unanimous consent the call of the roll was dispensed with. By unanimous consent the reading of yesterday's journal was dispensed with. The journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consent:
1. Introduction of bills and resolutions. 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. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills. By unanimous consent the following bills and/ or resolutions were introduced, read the first time and referred to the committees:

HB 714. By Messrs. Thompson and Hatchett of Meriwether, Kennimer of Harris, Smith of Emanuel, and Ray of Warren:
A bill to be entitled an act to create the Franklin D. Roosevelt Warm Springs Memorial Commission and provide for membership and terms of office; and for other purposes.
Referred to Committee on State of Republic.

HB 715. By Messrs. Thompson and Hatchett of Meriwether, Kenniq~er of Harris, Smith of Emanuel, and Ray of Warren:
A bill to be entitled an act to appropriate $200,000 annually to the Franklin D. Roosevelt Warm Springs Memorial Commission; and for other purposes.
Referred to Committee on Appropriations.

HB 716. By Mr. Banks of Lamar:
A bill to be entitled an act to amend the charter of the City of Barnesville to provide that property owners shall pay for grading and paving of streets; and for other purposes.

WEDNESDAY, JANUARY 16, 1946

103

Referred to Committee on Municipal Government.

HB 717. By Mr. Banks of Lamar:
A bill to be entitled an act to authorize the regents of the University System of Georgia to convey certain property to the City of Barnesville; and for other purposes.
Referred to Committee on Public Property.

HB 718. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend the general appropriation act to provide lOc per mile travel expense to members of the General Assembly for attending adjourned session; and for other purposes.
Referred to Committee on Appropriations.

HB 719. By Messrs. Harrison of Jenkins, Harris of Richmond, Boyington of Union and Claxton of Camden:
A bill to be entitled an act to authorize the governor to fix the salaries of the directors of the Department of Forestry, Department of Mine, Mining and Geology and the Department of State Parks, Historic Sit~ and Monuments; and for other purposes.
Referred to Committee on Conservation.

HB 720. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend Section 20-506 of the code relaive to notice by attorneys before they can collect attorneys fees upon note~ and other evidences of indebtedness; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 721. By Messrs. Dykes of Bleckley and Dupree of Pulaski:
A bill to be entitled an act to provide the method of distribution of fines and forfeitures in criminal cases in the Oconee Judicial Circuit; and for other purposes.
Referred to Committee on Special Judiciary.

HB 722. By Mr. Hicks of Floyd:
A bill to be entitled an act to increase the salary of the judge of the City Court of Rome; and for other purposes.
Referred to Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

HB 723. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to provide for voting machines in Fulton county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 724. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide that the governor shall keep book of commissions showing the date when issued for all officers, civil and military; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 725. By Mr. Price of Clarke:
A bill to be entitled an act to provide persons claiming exemption from jury duty because of age shall notify the jury commissioners prior to the revision of the jury lists; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 726. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to create a Ware County Hospital Board to ooerate the Ware County Hospital; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 727. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend the law relative to notice given of intention to introduce local legislation; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 728. By Mr. Durden of Dougherty:
A bill to be entitled an act to authorize cities to levy a tax for paying teachers pensions; and for other purposes.
Referred to Committee on State of Republic.

HB 729. By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the City of Saint Mary by extending the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

WEDNESDAY, JANUARY 16, 1946

105

HB 730. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend Code Section 87-203 relative to whtn bonds may be issued by a county, municipality, or other political subdivision~ and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 731. By Messrs. Maund of Tolbert, Young of Muscogee, and Fortson of Wilkes:
A bill to be entitled an act to amend Code Section 59-120 to provide court bailiffs and jurors pay shall be not less than $2 nor to exceed $6 per day; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 732. By Messrs. Strickland and Freeman of Upson, Gowen of Glynn, Smith of Emanuel, and Looper of Dawson:
A bill to be entitled an act to authorize the State Board of Health to license hospitals and maks rules and regulations governing the facilities and operations of hospitals; and for other purposes.
Referred to Committee on Hygiene and Sanitation:

HB 733. By Mr. Roughton of Washington:
A bill to be entitled an act to amend the general appropriation act to pay refunds under the farmers gasoline tax refund tax; and for other purposes. Referred to Committee on Appropriations.

HB 734. By Mr. Almond of Walton, Connerat of Chatham, and Campbell of Newton:
A bill to be entitled an act to provide. for testing all persons residing in Georgia for syphilis and to appropriate $75,000 annually for this purpose; and for other purposes.
Referred to Committee on Hygiene and Sanitation:

HB 735. By Mr. Seagraves of Madison:
A bill to be entitled an act to create a charter for the City of Ila, m the County of Madison; and for other purposes.
Referred to Committee on Municipal Government.

HB 736. By Messrs. Marion Ennis and J. H. Ennis of Baldwin: A bill to be entitled an act to authorize the county commissioner of .Baldw;1

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JOURNAL OF THE HOUSE,

county to establish zoning or planning laws in the county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 737. By Mr. Pittman of Bartow:
A bill to be entitled an act to provide for a runover where a candidate does not receive a majority of the votes cast in a county for state house officers; and for other purposes.
Referred to Committee on State of Republic.

HB 738. By Messrs. Lovett and Malone of Laurens, Chance of Twiggs, and Rowland of Johnson:
A bill to be entitled an act to fix the salary for the solicitor general of the Dublin Judicial Circuit; and for other purposes.
Referred to Committee on Special Judiciary.

HB 739. By Mr. Lovett of Laurens:
A bill to be entitled an act to fix the salaries of the judge and solicitor of the City of Dublin; and for other purposes.
Referred to Committee on Special Judiciary.

HB 740. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to require the payment of $10 to the clerk of Meriwether Superior Court when filing a suit for divorce to cover cost; and for other purposes.
Referred to Committee on Special Judiciary.

HR 166-713a. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, Hicks of Floyd, Fortson of Wilkes, Kennon of Cook, Connell of Lowndes, Smith of Emanuel, Ray of Warren, Phillips of Columbia, Lewis of Hancock, and Connerat of Chatham:
A resolution to authorize the education committee of the General Assembly to investigate and make recommendations pertaining to the public school system; and for other purposes.
Referred to Committee on Education No. 2.
HR 167-713b. By Messrs. Harris of Richmond, and Culpepper of Fayette:
A resolution to provide a maintenance allowance for the state auditor m

WEDNESDAY, JANUARY 16, 1946

107

lieu of actual hotel and subsistence; and for other purposes. Referred to Committee on State of Republic.

HR 168-721a. By Messrs. Alexander, Connerat and MeN all of Chatham, Gowen and Gilbert of Glynn, Claxton of Camden, Hinson of Ware, Fortson of. Wilkes, Smith of Bryan, Harris of Richmond, Hart of Thomas, DeFoor of Mcintosh, Witherington of Wilcox, Beddingfield of Dooly, Herndon of Hart, Medders of Bacon, Black of Webster, and others:
A resolution authorizing the governor to appoint a Charles H. Herty Memorial Association to erect a monument on the capitol grounds; and for other purposes.
Referred to Committee on State of Republic.

HR 169-734a. By Messrs. Cheshire of Colquitt, and Connell of Lowndes:
A resolution proposing an amendment to the Constitution creating a Constitutional State Board of Public Welfare; and for other purposes.
Referred to Committee on Public Welfare.

HR 170-734b. By Messrs. McCurdy of DeKalb and Fortson of Wilkes:
A resolution proposing an amendment to the Constitution creating a Constitutional State Board of Health; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

HB 741. By Messrs. Wilson, Weaver and Bloodworth of Bibb, and Bloodworth of Houston:
A bill to be entitled an act to require clerks of the superior courts to issue certified copies of veterans discharge certificate-s and fix the fee at 50c each; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 742. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur relative to the police court and giving the city commissioners the right to establish a recorder's court and name a recorder; and for other purposes.
Referred to Committee on Municipal Government.

HB 743. By Messrs. McWhorter, Hubert and McCurdy of DeKalb: A bill to be entitled an act to amend the charter of the City of Decatur

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to provide an assessment of property on each side of the street for the construction of sewers; and for other purposes.
Referred to Committee on Municipal Government.

HB 744. By Messrs. McWhorter, McCurdy and Hubert of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur to authorize the city to pay pensions to officers and employees; and for other purposes.
Referred t\:> Committee on Municipal Government.

HB 745. By Mr. Harrison of Jenkins:
A bill to be entitled an act to provide that every automobile, tractor and motorcycle shall have adequate brakes; to describe adequate brakes, and to require a signaling device on each vehicle; and for other purposes.
Referred to Committee on P'ublic Highways No. I.

HB 746. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend an act approved March 27, 1941, (Georgia Laws, 1941, page 449) by striking from Section 3 of said act the last four lines following the word "County" in the tenth line of said section; and for other purposes.
Referred to Committee on P'ublic Highways No. I.

HB 747. By Mr. Harrison of Jenkins:
A bill to be' entitled an act to amend an act entitled "An act to define reckless driving to provide a person shall dim his lights when within five hundred feet of an oncoming vehicle; and for other purposes.
Referred to Committee on P'ublic Highways No. I.

HB 748. By Mr. Price of Clarke:
A bill to be entitled an act to provide that veterans shall have until the June 30th following their discharge to buy a driver's license; and for other purposes.
Referred to Committee on Motor Vehicles.
HB 749. By Messrs. Bloodworth, Wilson and Weaver of Bibb:
A bill to be entitled an act to prescribe the method of condemning vehicles and conveyances used to transport or conceal illegal liquor; and for other purposes.

WEDNESDAY, JANUARY 16, 1946

109

Referred to Committee on General Judiciary No. 2.

HB 750. By Mr. Willoughby of Clinch:
A bill to be entitled an act to provide that the tax receiver of Clinch shall be paid a commission on all taxes collected by the tax collector for the County Board of Education; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 751. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the commissioners of Rockdale county to construct recreation facilities with county funds, equipment and labor; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 752. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the mayor and council of Conyers to construct recreation facilities with city funds, equipment and labor; 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 and resolution of the House and have instructed me as chairman, to report the same back to the House with the following recommendations:
HB 633. Do Pass HB 649. Do Pass HB 662. Do Pass HB 664. Do Pass HB 692. Do..Pass HB 666. Do Pass HB 680. Do Pass HB 682. Do Pass HR 162-701A. Do Pass

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JOURNAL OF THE HOUSE,

Respectfully submitted,

Sills of Candler, 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 of the House and have instructed me as chairman, to report the same back to the House with the following recommendations:
HB 690. Do Pass
HB 705. Do Pass as Amended
Respectfully submitted,
Adams of Wheeler, 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:
HR 163-702a. Do Pass HR 164-703a. Do Pass HR 165-704a. Do Pass HB 648. Do Pass HB 590. Do Pass HB 641. Do Pass HB 663. Do Pass
Respectfully submitted,
Hicks of Floyd, Chairman.

Mr. Lewis of Hancock county, chairman of the Committee on General Judiciary No. 1, submitted the following report:

WEDNESDAY, JANUARY 16, 1946

Ill

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 658. Do Pass HB 640. Do Pass HB 639. Do Pass HB 635. Do Pass as amended by Committee HB 696. Do Pass
Respectfully submitted,
Lewis of Hancock, Chairman.

Mr. Bloodworth of Bibb county, chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HB 646. Do Pass
Respectfully submitted,
Bloodworth of Bibb, Chairman.

Mr. Price of Clarke county, chairman of the Committee on Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Veterans Affairs have had under consideration the following resolution of the House and have instructed me as chairman, to report the same hack to the House with the following recommendation:
HR 161-700a. Do Pass
Respectfully submitted,
Price of Clarke Chairman.

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JOURNAL OF THE HOUSE,

Mr. Bloodworth of Bibb 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 same back to the House with the following recommendations:
HB 688. Do Pass HB 701. Do Pass HB 706. Do Pass H B 710. Do P'ass HB 711. Do Pass HB 700. Do Pass HB 686. Do Pass HB 708. Do Pass HB 691. Do Pass
Respectfully submitted,
Bloodworth of Bibb, Chairman.

Mr. Arnall of Coweta county, chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
H B 704. Do Pass
Respectfully submitted,
Arnall of Coweta, 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 and resolution of the House and have instructed me as chairman, to report the same back to the House with the following recommendations:

WEDNESDAY, JANUARY 16, 1946

113

HB 478. Do Pass by Substitute HR 148-624a. Do Pass
Respectfully submitted, McCracken of Jefferson, Chairman.

By unanimous consent the following bills and/or resolutions of the House were favorably reported and read the second time:
HB 478. By Messrs. Arnall and Hurst of Coweta:
A bill to be entitled an act to amend the Workmen's Compensation Act to provide salaries so the members of the board shall be fixed by the governor; and for other purposes.

HB 590. By Messrs. Gowen of Glynn, and Phillips of Columbia:
A bill to be entitled an act to repeal Code Section 24-3508 relating to shorthand writers in the Court of Appeals and to provide a new Section 24-3508 relating to law assistants, their duties and salaries; and for other purposes.

HB 633. By Mr. Mason of Morgan:
A bill to be entitled an act to provide for pay to the county commissioners of Morgan county; and for other purposes.

HB 635. By Mr. Durden of Dougherty:
A bill to be entitled an act to fix fees for clerks of superior courts of this state; and for other purposes.

HB 639. By Mr. Gowen of Glynn:
A bill to be entitled an act to authorize the Georgia Bar Association and Judicial Council to investigate changes of unlawful practice of law; and for other purposes.

HB 640. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to provide for appointment of a conservator for the estates of persons who are missing under circumstances leading to the conclusion that they are dead; and for other purposes.

HB 641. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to revise the laws of Georgia in respect to grant-

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JOURNAL OF THE HOUSE,

ing divorce and to provide for trials by the court with or without a jury; and for other purposes.

HB 646. By Mr. Crowley of McDuffie:
A bill to be entitled an act to amend the charter of the Town of Dearing to provide for the construction of a system of water works; and for other purposes.

HB 648. By Messrs. Key of Jasper, Connell of Lowndes, Hand of Mitchell, Harris of Richmond, Durden of Dougherty, and Smith of Emanuel:
A bill to be entitled an act to provide a retirement fund for judges of the superior court; and for other purposes.

HB 649. By Mr. Gavin of Clayton:
A bill to be entitled an act to abolish the offices of tax receiver and tax collector of Clay county and created the authors of tax commissioners; and for other purposes.

HB 658. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Section 64-110 of the code relating to bill of exception and supersedes; and for other purposes.

HB 662. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide that the county commissioners can assess business licenses in areas outside of incorporated towns in Troup county; and for other purposes.

HB 663. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to amend Code Section 113-709 by providing that wills executed in another state and witnessed according to the laws of that state shall constitute muniments of title for transfer of property in this state; and for other purposes.

HB 664. By Mr. Cheek of Franklin:
A bill to be entitled an act to increase the salary of the tax commissioners of Franklin county; and for other purposes.

HB 666. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Ft~lton:
A bill to be entitled an act to fix the salary of the Ordinary of Fulton county at $9,000 per year; and for other purposes.

WEDNESDAY, JANUARY 16, 1946

115

HB 680. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to provide in every county in the State of Georgia having a population of not less than 86,000 and not more than 90,000, no person, firm, or corporation shall sell at either wholesale or retail, give away or distribute any fireworks in said county without first having obtained a license to sell or distribute fireworks from the Commissioner of Roads and Revenue of such county, or other governing body of said county; and for other purposes.

HB 682. By Messrs. Hubert and McWhorter of DeKalb:
A bill to be entitled an act authorizing the installation of photostatic equipment in the office of the clerk of the Superior Court of DeKalb county; and for other purposes.

HB 686. By Mr. Thompson of Meriwether:
A bill to be entitled an act to establish a new charter for the City of Warm Springs; and for other purposes.

HB 688. By Mr. Boyington of Union:
A bill to be entitled an act to create a new charter for the City of Blairsville; and for other purposes.

HB 690. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend motor common carriers act by limiting the granting of certificates where another carrier is already the holder of a certificate; and for other purposes.

HB 691. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Jacksonville, in Telfair county, by extending the corporate limits; and for other purposes.

HB 692. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide for a deputy clerk of the Superior Court of Telfair county and fix the salary; and for other purposes.

HB 696. By Messrs. Kenimer of Harris, Hatchett of Meriwether, and Lam of Troup:
A bill to be entitled an act to provide that the courts of ordinary shall try and impose sentences for violation of the compulsory school attendance law; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 700. By Mr. Etheridge 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 retirement plan for city employees; and for other purposes.

HB 701. 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 civil service for city employees; and for other purposes.

HB 704. By Messrs. Weaver and Bloodworth of Bibb, and Bloodworth of Houston:
A bill to be entitled an act to amend the general tax act to define government war bonds issued after December 7, 1941.

HB 705. By Messrs. Young of Muscogee, Littlejohn of Floyd, Ansley of Lee, Hall of Treutlen, and Morrison of Montmogery:
A bill to be entitled an act to amend Code Section 92-2902 by increasing the fee for truck trailers or semi-trailers in the state; and for other purposes.

HB 706. By Mrs. Mankin and Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the charter of the City of Hapeville by extending the corporate limits; and for other purposes.

HB 708. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Milam to appoint a city treasurer and provide for the election of a successor and fixing his bond; and for other purposes.

HB 710. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville to extend the city limits; and for other purposes.

HB 711. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville to provide a referendum on the construction of a water works system; and for other purposes.

HR 148-624a. By Mr. Gowen of Glynn:
A resolution authorizing allotments from the state emergency fund to the State Ports Authority; and for other purposes.

WEDNESDAY, JANUARY 16, 1946

117

HR 161-700a. By Messrs. Key of Jasper, Harris of Richmond, and Roughton of Washington :
A resolution proposing to establish a memorial park for Georgia veterans; and for other purposes.

HR 162-70la. By Mr. Willoughby of Clinch:
A resolution authorizing the commissioners of Clinch county to contribute $5,000 toward the construction of a Veterans Recreation Home; and for other purposes.

HR 163-702a. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution ratifying the rules adopted by the Superior Court for admission of the genuineness of documents and for pretrial conferences in cases in courts; and for other purposes.

HR 164-703a. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution to ratify rules adopted by the supreme court for practice and procedure for repeal or review in cases; and for other purposes.

HR 165-704a. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution to ratify rules adopted by the Supreme Court governing procedure, pleading and practice in civil proceedings in the courts of this state; and for other purposes.

The following message was received from His Excellency, the Governor, through his executive secretary, Hon. Ivan Allen, Jr.:

MR. SPEAKER AND REPRESENTATIVES:

It is my duty to transmit herewith an executive communication under seal.
Article V, Section I, Paragraph IV of the revised Constitution of Georgia provides:
"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."
In compliance with this provision of the Constitution, the following list of reprieves granted since the openin~ of the last regular session of the General Assembly is here submitted:

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JOURNAL OF THE HOUSE,

Name of Prisoner
Booth, Golden Hayden, Bennie Smithwick, Albert Hayes, Henry Myrick, Willis, Jr. Taylor, Nathaniel Brady, John M. Walker, Jim Wright, James Jackson, Willie Gilbert, Ulysees McMullen, Robert Williams, Henry Rivers Daniels, Eddie

Crime

Sentence

Murder

Death

Murder

Death

Murder

Death

Robbery (by force) Death

Murder

Death

Murder

Death

Murder

Death

Murder

Death

Murder

Death

Rape

Death

Murder

Death

Murder

Death

Murder

Death

Murder

Death

Date of Sentence

Date of Reprieve

1-4-45

1-20-45

3-12-45

3-8-45

5-18-45

5-19-45

5-31-45

6-9-45

6-1-45

6-12-45

7-20-45 8-1-45,10-18-45

8-6-45

8-10-45

8-21-45

9-8-45

9-17-45

9-20-45

3-8-44

2-1-45

Dec. term, 1943 1-10-45

2-14-45

11-9-45

Oct. term, 1944 11-9-45

10-31-44

11-14-45

In each case the reprieve was granted at the request of the State Board of Pardons and Paroles, in order to give that Board sufficient time to hear and pass upon applications for commutation.

Respectfully submitted,

Ellis Arnall, Governor.

The speaker recognized the presence in the gallery of the government class from the Cornelia High School, Cornelia, Georgia.
By unanimous consent the following bills of the House were taken up for con- side ration, read the third time and placed upon their passage:
HB .623. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton by extending the city limits.
The report 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 624. By Mr. Hand of Mitchell:
A bill to be entitled an act to amend the charter of the City of Pelham to provide a twelve-mill tax for school purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, JANUARY 16, 1946

119

On the passage of the bill, the ayes were 105, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 626. By Messrs. Weaver, Wilson and Bloodworth of Bibb: A bill to be entitled an act to authorize the Commissioners of Bibb county to supplement the salaries of the judges of the 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 106, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 627. By Messrs. Gowen and Gilbert of Glynn: A bill to be entitled an act to amend the charter of the City of Brunswick to authorize the city commission to close certain streets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 628. By Messrs. Hill and Price 'of Clarke:
A bill to be entitled an act to amend the charter of the City of Athens to make the mayor the chief effecutive officer 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 108, the nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 632. By Mr. Mason of Morgan: A bill to be entitled an act to amend the charter of the City of Madison to provide for extension of water mains; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 634. By Messrs. Wilson, Bloodworth and Weaver of Bibb:
A bill to be entitled an act to amend the act establishing the Municipal Court of Macon by providing for procedure in the court and methods of 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 110, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 636. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act to amend the charter of the City of Cedartown by extending 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 111, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 638. By Messrs. Gowen and Gilbert of Glynn:

A bill to be entitled an act to amend the act creating the city court of Brunswick to provide executions issued not be entered upon execution docket; and for other purposes.

The report 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 643. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to amend the charter of the Town of Thunderbolt to provide for zoning ordinances and a building code; and for other purposes.
The report 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 647. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:

WEDNESDAY, JANUARY 16, 1946

121

A bill to be entitled an act to provide for the retirement of judges of the criminal and civil courts of Fulton county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 645. By Messrs. Alexander, Connerat and MeNall of Chatham:
A bill to be entitled an act to amend the charter of the Town of Tybee, to extend the city limits and provide for zoning ordinances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 650. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to give the Board of Education of Athens the right of eminent domain for acquiring school property; and for other purposes.
The report 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 652. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to give a fee si~ple title certain property now used by 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 117, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 656. By Messrs. Alexander, Connerat and MeNall of Chatham:
A bill to be entitled an act to establish a legislative charter for the Town of Fooler, in Chatham county; and for other purposes.

122

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 118, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 657. By Mrs. Mankin and Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the charter of the City of College Park by raising the salary of the recorder; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, 11as 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 660. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to provide absence of an officer of an employee for not exceeding 24 months shall not preclude them from receiving a 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 120, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 661. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to provide for civil service in the police and fire departments of the City of Columbus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 665. By Messrs. Jennings and Gammage of Sumter:
A bill to be entitled an act to amend the charter of the City of Americus so as to provide for zoning and planning laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, the nays 0.

WEDNESDAY, JANUARY 16, 1946

123

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

HB 668. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act establishing the civil court of Fulton county by providing a uniform cost bill; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, .vas 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 669. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide for holding four terms a year of the Superior Court of Troup county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 671. By Messrs. Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, providing for the extension of the corporate limits of the City of Columbus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 673. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus providing for the recording and publication of ordinances of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 674. By Messrs. Holleman, Shields and Young of M uscogee:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act amending the charter of the City of Columbus, relating to the power of the city to furnish local service; and for other purposes.
The report 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 679. By Messrs. Hubert, McCurdy and McWhorter of D~Kalb:
A bill to be entitled an act to amend an act cr.eating a new charter for the City of Chamblee, authorizing the mayor and council of said municipality to improve sidewalks within the corporate limits of said municipality; and for other purposes.
The report 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 681. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, so as to authorize said municipality to enact zoning and planning ordinances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On die passage of the bill, the ayes were 129, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 685. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to amend the act creating a public school system for the City of Waycross, 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 130, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 672. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: A bill to be entitled an act to amend the charter of the City of College

WEDNESDAY, JANUARY 16. 1946

125

Park, to provide a pension system for officers and employees and to create a pension board; and for other purposes.
The following amendments to HB 672 were read and adopted:
Mrs. Mankin and Mr. Etheridge of Fulton moved to amend HB 672 as follows:
The caption to the above bill is amended by inserting immediately before the last clause of the caption the following clause to wit:
"to provide that the civil service provision of this amendment shall apply to the recorder of said city;"
so that the last three clauses of the caption shall read as follows:
"to provide a separability clause; to provide that the civil service provisions of this amendment shall apply to the recorder of said city; to repeal conflicting laws; and for other purposes."
Amend the first sentence of Section 11 by striking the words "or recorder," which occur in the fifth line and by inserting at the end of the first sentence of Section 11 the following new clause to wit:
"except that the civil service system hereby created shall apply to the recorder of said city."
Amend Section 13 by adding after the words, "this amendment," which appear in the second line of Section 13, the following words: "The recorder and," so that the subject of said sentence shall read as follows:
"Beginning six months after approval of this amendment the recorder and all full-time officers and employees of the mayor and council of the City of College Park (other than exceptions named in this amendment),"
The report. of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, as amended, the ayes were 131, the nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

By unanimous consent the following resolution of the Senate was read the first time, introduced, and referred to the committee:
SR 27. By Senators Gross of the 31st, Mavity of the 44th, and others:
A resolution proposing to the qualified voters of the state for ratification or rejection an amendment to the Constitution of 1877 and all amendment thereto protecting the right of the sovereign people to relect or defeat their elective state officials; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

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JOURNAL OF THE HOUSE,

The following report from the Rules Committee was read and adopted: Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar of business for today's session have established as special and continuing order of business beginning immediately after the period of unanimous consent the following bills and resolutions:
HR 146-619A. Allotting funds for highways, public education, health and welfare benefits.
HB 618. To amend the State Hospital Authority Act.
HR 147-621A. Constitutional Highway Board. HB 637. Amend State Highway Law. H B 621. Senatorial districts. HB 684. County taxation. SB 39. Child Labor Bill. HB 659. Assistant Treasurer's salary. HB 620. State Port Authority.
HB 619. State Port Authority. HB 654. Amending Public Safety Department Act.
HB 667. Slum clearance. HB 622. Refund motor fuel tax. HB 642. Exempting certain institutions from taxation. HB 670. Expenditure of funds for agricultural or forestry extension work. HR 158-685A. Requiring reports from State Highway Department. The speaker of the House is authorized to call up for consideration the bills and resolutions on this calendar on the order in which he sees fit.
Respectfully submitted, Durden of Dougherty, Vice-Chairman.
Mr. Thompson of Meriwether asked unanimous consent of the House for permission of approval for introduction of the following appropriation bill in accordance with the rules of the House:

HB 715. By Messrs. Thompson and Hatchett of Meriwether, Kennimer of Harris,

WEDNESDAY, JANUARY 16, 1946

127

Smith of Emanuel and Ray of Warren:
A bill to be entitled an act to appropriate $200,000 annually to the Franklin D. Roosevelt Warm Springs Memorial Commission; and for other purposes.
The unanimous consent was granted.
Mr. Gowen of Glynn asked unanimous consent of the House for permission of approval for introduction of the following appropriation bill in accordance with the rules of the House:

HB 718. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend the General Appropriation Act to provide tOe per mile travel expense to members of the General Assembly for attending adjourned session; and for other purposes.
The unanimous consent was granted.
Mr. Campbell of Newton asked unanimous consent of the House for permission
of approval for introduction of the following appropriation bill in accordance with the rufes of the House:
HB 734. By Messrs. Almand of Walton, Connerat of Chatham, and Campbell of Newton:
A bill to be entitled an act to provide for testing all persons residing in Georgia for syphilis and to appropriate $75,000 annually for this purpose; and for other purposes.
The unanimous consent was granted.
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 pa~sage:
HR 146-619A. By Messrs. Harris of Richmond, Gowen of Glynn, and others:
A resolution authorizing additional allotment of funds for highway construction, teachers' salaries, textbooks, health, tuberculosis hospital, institutions maintenance, and permanent improvements and welfare benefits; and for other purposes.
This resolution being an appropriation measure, the House was resolved into the committee of the whole House for the consideration of HR 146-619A with in-
structions not to read the bill in its entirety, and the speaker designated Mr. Gowen of Glynn as chairman thereof.
The committee of the whole House arose and through its chairman reported

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JOURNAL OF THE HOUSE,

HR 146-619A back to the House with the recommendation that 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, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Brunson Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Conner at Cowart Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes
Ennis, J. H.
Ennis, M~rion

Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Garrison Gary Gaskins Gavin Giddens Gilbert Gowen Greene Greer Griswell Guerry Guyton Hall Hampton Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hogg Holbrook Holleman Holley Hollis

Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kelley Kenimer Kennon Kent Key King Lam Lancaster Lewis Livingston Looper McCracken McCurdy McNall McWhorter Mallard Mankin Mann of Henry Mann of Rockdale Manous Mason Maund Medders Mitchell Moore Morrison Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson

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129

Oakley Oden Oliver O'Sheal Overby Pannell Parham Parks Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ramey Ray

Riddlespurger Rossee Roughton Rowland Seagler Seagraves Sears Sheffield Shields Sills Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Sumner Swint Thompson

Thornton Thrash Trotter Twitty Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young

Those not voting were: Arnold, Baker, Banks, Bargeron, Brumby, Burch, Callaway, Crow, Crowley, Gibson, Glisson, Hand, Harrison of Wayne, Hinson of Ware, Kendrick, Knabb, Lane, Littlejohn, Lovett, Malone, l\1assey, J.\tlatthews of Paulding, Matthews of Peach, Miller, Mosley, Odom, Ritchie, Sapp, Smiley, Strickland of Upson, Underwood, Williams of Appling, and Williams of Gwinnett,

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

On the adoption of the resolution, the ayes were 17l, the nays 0.

The resolution having received the requisite constitutional majority, was adopted.

HB 618. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, Roughton of Washington, Connell of Lowndes, Key of Jasper, Smith of Emanuel, Phillips of Columbia, and Ray of Warren:

A bill to be entitled an act to amend the State Hospital Authority to authorize the issuance of $7,000,000 in refunding certificates; and for other purposes.

The report of the committee, which was favorable to the passage of the hill,

was agreed to.

(

On the passage of the bill, the ayes were 109, the nays 0.

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

HR 147-621A. By Messrs. Gowen of Glynn, Harris of Richmond, and others:

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JOURNAL OF THE HOUSE,

A RESOLUTION
Proposing to amend the Constitution of 1877 as amended by adding to Article Five thereof a new section to be known as Section Seven, providing for a constitutional State Highway Board; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS, TO WIT:
Section I. That the Constitution of 1877 as amended be and the same is hereby amended by adding to Article Five thereof a new section to be known as Section Seven and to read as follows:
Section Seven. There shall be a State Highway Board, and the management and control of the State Highway Department shall be vested in said board. Said hoard shall be charged with the construction, maintenance and repair of the State Highway System as directed and provided by law and the expenditure of funds appropriated by the General Assembly as directed and provided by law, and with such other duties as may he provided by law. There shall be one member from each congressional district to be elected by the General Assembly upon nomination by a majority of the senators and members of the House of Representatives residing in the respective congressional districts. Of those first elected under this provision, four shall be for a term of two years, three for a term of four years, and three for a term of six years. The terms of those first elected shall be deciced by lot at the first meeting of the board after their election. Their successors shall be elected for a term of six years. In case future rearrangement of the counties comprising the congressional districts should leave two members of said board residing in the same congressional district, the General Assembly shall provide a method by which the office and term of one of said members shall be terminated so that each congressional district shall have one and only one member of said board. In case of vacancy in the membership of said board occurring when the General Assembly is not in session the Governor shall appoint some one to serve from the congressional district in which the vacancy occurs until the General Assembly meets. Then the General Assembly shall elect a member to fill the balance of the unexpired term. The General Assembly shall have authority to fix the compensation of the members of said board, and to provide for the organization and method and manner of operation of said Board.
Section II. BE IT FURTHER RESOLVED, 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 thereof and shall be published and submitted to the people for ratification or rejection as an amendment to the Constitution at the next general election to be held in November, 1946, as provided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words "for the amendment providing a Constitutional Highway Board." Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words "against the amendment providing a Constitutional Highway Board." If a majority of those voting vote for the amendment when the results are certified to the governor, he shall proclaim the amendment as a part of the Constitution of 1877 as amended.



WEDNESDAY, JANUARY 16, 1946

131

Mr. Durden of Dougherty moved that the House do now recess until 2:00 o'clock, the motion prevailed and the speaker announced the House recessed until 2:00 o'clock this afternoon.

2 o'clock p. m.

The speaker called the House to order, and HR 147-621A was again taken up for consideration.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

This resolution being a constitutional amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall Arnold Baker Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Brunson Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Connerat Cowart Culpepper

Dallis DeFoof Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Freeman Gammage Garrison Gary Gaskins Gavin Giddens Gilbert Glisson Greene Greer Griswell Guerry Guyton Hampton Hand Harden Hardy of Jackson Harrison of Jenkins

Harrison of Screven Hatchett Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kelley Kenimer Kennon Kent Key Lancaster Lane Lewis Livingston Looper Lovett McCracken McCurdy

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JOURNAL OF THE HOUSE,

McNall McWhorter Mallard Malone Mankin Mann of Henry Manous Mason Matthews of Peach Maund Medders Mitchell Moye of Randolph Murphy Nicholson Oakley Oliver O'Sheal Overby Pannell Parham Parks

Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Price Ramey Ray Riddlespurger Ritchie Roughton Rowland Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Strickland of Pike

Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Watford Weaver Wells of Ben Hill Wells of Lincoln Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willoughby Wilson Witherington Young

Voting in the negative was:

Odom

Not voting were: Adams, Banks, Bargeron, Brumby, Burch, Crow, Crowley, Fowler, Gibson, Gowen, Hall, Hardy of Hall, Harrison of Wayne, Hart, Hefner, Holley,. Hollis, Kendrick, King, Knabb, Lam, Littlejohn, Mann of Rockdale, Massey, Matthews of Paulding, Miller, Moore, Morrison, Mosley, Moye of Brooks, Mullinax, Oden, Porter, Powell, Rossee, Sapp, Seagler, Sparks, Underwood, Whaley, Williams of Appling, Williams of Gwinnett, and Willis.

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

On the adoption of the resolution, the ayes were 160, the nays 1.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

The following resolutions were read and adopted:

HR 171. By Mrs. Mankin and Messrs. Etheridge of Fulton, Ray of Warren, Guyton of Effingham, Glisson of Evans, Greer of Lanier, Oliver of Tatnail, Watford of Long, Williams of Toombs, Hooks of Emanuel, Roughton of Washington, Johnson of Washington, Smith of Bryan, Gaskins of Berrien, Willoughby of Clinch, Kennon of Cook, Dorsey of Cobb, Hubert of DeKalb, Griswell of Gwinnett, and McWhorter o DeKalb:

WEDNESDAY, JANUARY 16, 1946

133

A RESOLUTION
WHEREAS, the Honorable Cicero Kendrick, a prominent" member of this body, was seriously injured in an accident Friday, January 11th, and as a result thereof has been confined to the hospital and unable to attend these sessions of the House; and
NOW THEREFORE, BE IT RESOLVED by the House of Representatives that we as a body express our sympathy for the said Cicero Kendrick, and wish him a speedy recovery of health.
BE IT FURTHER RESOLVED that the clerk send a copy of this resolution immediately to the Honorable Cicero Kendrick.

HR 172. By Messrs. Roughton of Washington and Smith of Bryan:
A resolution memorializing the Congress of the United States to prohibit The Office of Price Administration from placing discriminatory price ceilings against southern pulpwood growers.
Under the special and continuing order of business established by the Committee on Rules the following bills and resolutions were taken up for consideration, read the third time and placed upon their passage:

HR 158. By Messrs. Wilson and Weaver of Bibb, and Harris of Richmond:
A resolution directing the State Highway Commission to prepare and publish a statement of the number of miles of highways paved in each county of the state each year and the amount spent in each 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 120, the nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 637. By Messrs. Weaver and Wilson of Bibb, and Harris of Richmond:
A bill to be entitled an act to require the Highway Department to publish a statement of the highway construction in each county 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 118, the nays 2.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

SB 39. By Senator Gross of the 31st:

A bill to be entitled an act to regulate the employment of children and to define hazardous occupations; and for other purposes.

The following amendments to SB 39 were read and adopted:

Mrs. Mankin of Fulton moved to amend SB 39 by striking Section 12 thereof in its entirety and substituting in lieu thereof the following:

"Section 12. Effective Date. The provisions of this act shall become effective on July 1, 1946."

Mr. Matthews of Peach moves to exempt from the provision of the bill all children who work during summer months in peach season in peach packing houses.

Mr. Weaver of Bibb moves to amend SB 39 by adding the following provisions at the end of Section 1:

"Boys 12 and 13 years of age may be permitted to work in wholesale and retail stores, provided work permits are procured as provided in Section 8 of this act. And
provided there is compliance with the provisions of Sections 3, 5, and 6 as to hours
of work."

Mr. Weaver of Bibb moved to amend SB 39 by striking paragraph 4 and inserting in lieu thereof a new paragraph of the same number which shall read as follows:

Section 4. Night delivery and sale of newspapers. Children under 16 years of age may be employed to sell or deliver newspapers in residential areas between the hours of five o'clock a. m. and nine o'clock p. m., but shall not be employed to sell or deliver newspapers between the hours of nine o'clock p. m. and five o'clock a. m., provided such employment is not for a longer time than is provided in Section 5 and shall not be performed during school hours.

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

Mr. Weaver of Bibb moved the ayes and nays, the motion prevailed and the vote was as follows:

Those voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Arnall Arnold Barwick Beddingfield Bloodworth of Bibb Bloodworth of Houston Boynton Britton

Brock Brooke Brunson Callaway Campbell Cates Chance Chastain Cheshire Claxton

Connell Conner at Culpepper Dallis Dorsey of Cobb Dupree Durden Ennis, J. H. Ennis, Marion Etheridge of Butts

WEDNESDAY, JANUARY 16, 1946

135

Etheridge of Fulton Evitt Fortson Freeman Garrison Gaskins Gavin Giddens Gilbert Gowen Greer Griswell Guerry Guyton Hand Harden Harrison of Screven Hart Hatchett Herndon Hinson of Ware Holbrook Holleman Holley Hollis Hubert Jackson Jennings of Terrell Johns Kelley

Kenimer Kennon Key Knig Lam Lancaster Lane Lewis Livingston McCracken McCurdy McNall McWhorter Mallard Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Peach Maund Mitchell Moye of Randolph Mullinax Murphy Nicholson Odom O'Sheal Overby

Pannell Pennington Phillips Pittman of Bartow Pittman of Tift Price Ray Riddles purger Rossee Rowland Sears Sills Smith of Emanuel Sparks Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Weaver Wells of Lincoln Williams of Coffee Williams of Ware Willoughby Wilson Witherington Young

Those voting in the negative were:

Ansley Barrett Battles Black Cheek Dorsey of White Dykes Gammage Gary

Glisson Hardy of Jackson Herrin Holloway Hooks Hurst Jennings of Sumter Looper Lovett

Oliver Seagraves Smiley Strickland of Pike Watford Williams of Jones Williams of Toombs Willis

Not voting were: Adams, Adamson, Almand, Baker, Banks, Bargeron, Brumby, Burch, Cowart, Crow, Crowley, DeFoor, Fowler, Gibson, Greene, Hall, Hampton, Hardy of Hall, Harrison of Jenkins, Harrison of Wayne, Hefner, Hicks, Hill, Hinson of Jeff Davis, Hogg, Kendrick, Kent, Knabb, Littlejohn, Malone, Matthews of Paulding, Medders, Miller, Moore, Morrison, Mosley, Moye of

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JOURNAL OF THE HOUSE,

Brooks, Oakley, Oden, Parham, Parks, Pettit, Porter, Powell, Ramey, Ritchie, Roughton, Sapp, Seagler, Sheffield, Shields, Smith of Bryan, Smith of Oglethorpe, Underwood, Wells of Ben Hill, Whaley, Williams of Appling, and Williams of Gwinnett.
By unanimous consent verification of the roll call was dispensed with.
On the passage of the bill as amended, the ayes were 120, the nays 26.
The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 248. By Senator Caldwell of the 37th:
A bill to be entitled an act to amend the charter of the City of LaGrange, Troup county; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by substitute as amended by the requisite constitutional majority the following bill of the House to wit:
HB 367. By Messrs. Williams of Coffee, Barwick of Grady, Hinson of Jeff Davis and others:
A bill to be entitled an act to amend an act approved March 18, 1937, (Georgia Laws of 1937, page 167) to provide that all gasoline and kerosene or fuel oil of any kind used to make or produce power in the operation of a farm tractor or other implement or machinery, used exclusively on the farm shall be exempt from all state and gasoline taxes; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 239. By Senator Gross of the 31st:

WEDNESDAY, JANUARY 16, 1946

137

A bill to be entitled an act to amend an act approved February 22, 1937 (Acts 1937, pp. 1214-1230), entitled an act to create and establish a city court of Stephens county in and for the County of Stephens by striking from lines 20 and 21 of Section 10 of said act the words "1200" and by inserting in lieu thereof the words "1800" so as to provide that the salary of the judge in the city court of Stephens county shall be eighteen hundred dollars per annum; and by striking from lines 17 and 18 of Section 14 of said act, etc.; and for other purposes.

Mr. Wells of Ben Hill 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 352

HB 436

HB 440

HB 473

HB 484

HB 601

Respectfully submitted,

Wells of Ben Hill, Chairman.

The following resolution was read and adopted:

HR 173. By Mr. Cates of Burke:

A RESOLUTION

Whereas, the Honorable U. S. Underwood of Taylor county, a prominent and

popular member of the House of Representatives, is ill and confined in Mercy Hos-

pital, Macon, Georgia, and will not be able to attend this session of the General

Assembly; and

'

Now, Therefore, Be It Resolved, by the House of Representatives that we as a body express our sympathy for the said U. S. Underwood and wish him a speedy recovery.

Be It Further Resolved, that the clerk of the House shall send a copy of this resolution to the said Honorable U. S. Underwood.
Leaves of absence were g~anted to Hon. U. S. Underwood for the sesswn because of illness and to the Hon. W. R. Moore for the 17th and 18th.

138

JOURNAL OF THE HOUSE,

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.

THURSDAY, JANUARY 17, 1946

139

Representative Hall, Atlanta, Georgia, Thursday, January 17, 1946.
The House met pursuant to adjournment at 10:00 o'clock a. m., was called to order by the speaker and opened with scripture reading and prayer by Dr. Fred Smith, pastor of the First Baptist Church of Bremen, Georgia.
By unanimous consent, the call of the roll was dispensed with.
By unanimous consent, the reading of the journal of yesterday's proceedings was dispensed with.
The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
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. Third reading and passage of uncontested local bills and resolutions.
6. First reading and reference of Senate bills. Referred to Committee on Counties and County Matters.

By unanimous consent the following bills and/ or resolutions were introduced, read the first time, and referred to the committees:
HB 753. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to repeal an act approved March 9, 1945, to authorize the commissioners of Richmond county to levy an assess occupation taxes and license fees in the county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 754. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah to provide group insurance for its employees and to appropriate money to pay a portion of the premiums; and for other purposes.
Referred to Committee on Municipal Government.
HB 755. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to increase the pay of the secretary of coroners juries in Bibb county to $5 for each inquest; and for other purposes.

140

JOURNAL OF THE HOUSE,

Referred to Committee on Special Judiciary.

HB 756. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the commissioners of Bibb county to establish a pension and I or insurance provisions for the county employees; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 757. By Mrs. Guerry of Macon:
A bill to be entitled an act to authorize municipalities to annex to the existing corporate limits adjoining land upon the unanimous written application of all the owners of the land to be annexed; and for other purposes.
Referred to Committee on Municipal Government.

HB 758. By Mr. Nicholson of Oconee:
A bill to be entitled an act to amend Section 24-2727 of the code to provide a fee of $10 for the clerks of superior courts in proceedings for the adoption of children; and for other purposes.
Referred to Committee on Special Judiciary.

HB 759. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize counties, Cities and towns to issue revenue certificates for the purpose of constructing recreational facilities, dormitories, laboratories, libraries and other related facilities; and for other purposes.
Referred to Committee on Special Judiciary.

HB 760. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend Code Sections 87-201, 87-203 and 87-204 to provide for elections, and the method of issuance of revenue certificates by any county, municipality or political subdivision of this state; and for other purposes.
Referred to Comm{ttee on Special Judiciary.

HB 761. By Mr. Jennings of Terrell:
A bill to be entitled an act to amend the charter of the City of Dalton to provide for zoning and planning ordinances; and for other purposes.
Referred to Committee on Municipal Government.

THURSDAY, JANUARY 17, 1946

141

HB 762. By Mr. Dykes of Bleckley:
A bill to be entitled an act to prevent the state officials and employees to solicit members of the General Assembly to vote for or against any bill or resolution; and for other purposes.
Referred to Committee on State of Republic.

HB 763. By Mr. Adamson of Clayton:
A bill to be entitled an act to propose an amendment to the Constitution to authorize Clayton county to levy a tax for fire prevention, sanitation, sewerage and water works construction; and for other purposes.
Referred to Committee on Amendments to the Constitution No.

HB 764. By Mr. Smith of Emanuel:
A bill to be entitled an act to amend Section 84-2011 of the code to provide any veteran of the armed forces of any war who has a 100% disability may conduct a business or peddle without a license; and for other purposes.
Referred to Committee on Ways and Means.

HB 765. By Messrs. Connell of Lowndes and Gowen of Glynn:
A bill to be entitled an act to provide terms upon which foreign corporations may do business in this state; to require filing of copy of charter with the Secretary of State and designation of an agent for service of process; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HR 174-757a. By Mr. Massey of Dade:
A resolution authorizing the governor to trade certain land owned by the state for 1210 acres adjoining the State Park in Dade county; and for other purposes.
Referred to Committee on Public Property.

HB 766. By Mr. Smith of Bryan:
A bill to be entitled an act to authorize each local school district in Bryan county to issue bonds for schools; and for other purposes.
Referred to Committee on Education No. 1.

HB 767. By Messrs. Baker and Hicks of Floyd, and Pittman of Bartow: A bill to be entitled an act to create a Board of Corrections and fix the

142

JOURNAL OF THE HOUSE,

term and compensation of the members; and for other purposes. Referred to Committee on Penitentiary.

HR 175-767a. By Messrs. Gowen and Gilbert of Glynn:
A resolution to declare the name of an inlet between St. Simon Island and Sea Island to be Goulds Inlet; and for other purposes.
Referred to Committee on Historical Research.

Mr. Key of Jasper 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 chairman, to report the same back to the House with the following recommendations:
HR 150-641a. Do Pass
HR 151-644a. Do Pass
HR 159-699a. Do Pass
HB 717. Do Pass Respectfully submitted,
Key of Jasper, 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 resolution of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HR 166-713a. Do Pass
Respectfully submitted,
Hatchett of Meriwether, Chairman.

Mr. McCracken of Jefferson county, chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:

THURSDAY, JANUARY 17, 1946

143

Your Committee on State of Republic 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:
HR 168-721a. Do Pass
HB 728. Do Pass
HB 714. Do Pass
HB 737. Do Pass
Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Harrison of Jenkins county, chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker:
Your Committee on Conservation have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HB 719. Do Pass
Respectfully submitted,
Harrison of Jenkins, Chairman.

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 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 733. Do Pass
HB 709. Do Pass
HB 718. Do Pass
HR 715. Do P'ass
HR 95--568c. Do Pass

144

JOURNAL OF THE HOUSE,

HB 630. Do Not Pass Respectfully submitted,

Gowen of Glynn, Chairman.

Mr. Lewis of Hancock 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 731. Do Pass
HB 741. Do Pass
Respectfully submitted,
Lewis of Hancock, 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 703. Do Pass
HB 707. Do Pass HB 720. Do Pass HB 749. Do Pass HB 730. Do Pass HB 724. Do Pass HB 727. Do P'ass
Respectfully submitted,
Hicks of Floyd, Chairman.

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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 675. Do Pass
HB 676. Do Pass
Respectfully submitted,
Sills of Candler, Chairman.

Mr. Pannell of Murray 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 722. l)o Pass
HB 702. Do Pass
HB 713. Do Pass
HB 693. Do Pass
Respectfully submitted,
Pannell of Murray, Chairman.

Mr. Fortson, of Wilkes 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 655. Do Pass
HB 732. Do Pass
HB 712. Do P'ass

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HB 734. Do Not Pass Respectfully submitted,
Fortson of Wilkes, Chairman.

Mr. Cheshire of Colquitt 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 recommendation:
HR 169-734a. Do Pass
Respectfully submitted,
Cheshire of Colquitt, Chairman.

By unanimous consent the following bills and/or resolutions of the House were favorably reported and read the second time:
HB 655. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the act creating a Board of Examiners of Nurses by lowering the age from 21 to 20 years; and for other purposes.

HB 675. By Mr. Herndon of Hart:
A bill to be entitled an act to repeal an act creating a Board of Commissioners of Roads and Revenues of the County of Hart; and for other purposes.

HB 676. By Mr. Herndon of Hart:
A bill to be entitled an act to create the office of Commissioners for Roads and Bridges and a Board of Finance, consisting of three members; and for other purposes.
H~ 693. By Mr. Adams of Wheeler:
A bill to be entitled an act to provide for the disposition of fines and forfeitures in the superior court and ordinaries traffic courts in Wheeler county; and for other purposes.

HB 702. By Mr. Harrison of Jenkins:

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147

A bill to be entitled an act to provide for the destruction of unsold revenue certificates by counties of political subdivision; and for other purposes.

HB 703. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide for the venue of suits against foreign insurance companies and the method of service; and for other purposes.

HB 707. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide for the venue of suits, citation for settlement, accounting or removal, against non-residence administration and executors appointed by any court of this state; and for other purposes.

HB 709. By Messrs. Alexander, Connerat and McNall of Chatham, Fortson of Wilkes, Williams of Ware, Connell of Lowndes, Banks of Lamar, and Smiley of Liberty:
A bill to be entitled an act to appropriate $500,000 to match federal funds for the construction of armories for the Georgia National Guards; and for other purposes.

HB 712. By Mr. Willoughby of Clinch:
A hili to be entitled an act to amend Code Section 84-1313 relative to qualifications for applicants as pharmacists and provide new qualifications by requiring twelve months experience after graduation from a school of pharmacy; and for other purposes.

HB 713. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend an act approved March 2, 1945 (Acts 1945, pp. 829-830), regarding the qualifications of the solicitor of the County Court of Clinch; and for other purposes.

HB 714. By Messrs. Thompson and Hatchett of Meriwether, Kennimer of Harrb, Smith of Emanuel, and Ray of Warren:
A bill to be entitled an act to create the Franklin D. Roosevelt Warm Springs Memorial Commission and provide for membership and terms of office, and for other purposes.

HB 715. By Messrs. Thompson and Hatchett of Meriwether, Kennimer of Harris, Smith of Emanuel, and Ray of Warren:
A bill to be entitled an act to appropriate $200,000 annually to the Franklin D. Roosevelt Warm Springs Memorial Commission; and for.other purposes.

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HB 717. By Mr. Banks of Lamar:
A bill to be entitled an act to authorize the regents of the University System of Georgia to convey certain property to the City of Barnesville; and for other purposes.

HB 718. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend the general appropriation act to provide lOc per mile travel expense to members of the General Assembly for attending adjourned session; and for other purposes.

HB 719. By Messrs. Harrison of Jenkins, Harris of Richmond, Boyington of Union, and Claxton of Camden:
A bill to be entitled an act to authorize the governor to fix the salaries of the directors of the Department of Forestry, Department of Mines, Mining and Geology and the Department of State Parks, Historic Sites and Monuments; and for other purposes.

HB 720. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend Section 20-506 of the code relative to notice by attorneys before they can collect attorneys fees upon notes and other evidences of indebtedness; and for other purposes.

HB 722. By Mr. Hicks of Floyd:
A bill to be entitled an act to increase the salary of the judge of the City Court of Rome; and for other purposes.

HB 724. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide that the governor shall keep a book of commissions showing the date when issued for all officers, civil and military; and for other purposes.

HB 727. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend the law relative to notice given of intention to introduce local legislation; and for other purposes.

HB 728. By Mr. Durden of Dougherty:
A bill to be entitled an act to authorize cities to levy a tax for paying teachers pensions; and for other purposes.

HB 730. By Mr. Hicks of Floyd:

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A bill to be entitled an act to amend Code Section 57-203 relative to when bonds may be issued by a county, municipality, or other political subdivision; and for other purposes.

HB 731. By Messrs. Maund of Tolbert, Young of Muscogee, and Fortson of Wilkes:
A bill to be entitled an act to amend Code Section 59-120 to provide court bailiffs and jurors pay shall be not less than $2 nor to exceed $6 per day; and for other purposes.

HB 732. By Messrs. Strickland and Freeman of Upson, Gowen of Glynn, Smith of Emanuel, and Looper or Dawson:
A bill to be entitled an act to authorize the State Board of Health to license hospitals and make rules and regulations governing the facilities and operations of hospitals; and for other purposes.

HB 733. By Mr. Roughton of Washington:
A bill to be entitled an act to amend the general appropriations act to pay refunds under the farmers gasoline tax refund act; and for other purposes.

HH 737. By Mr. Pittman of Bartow:
A bill to be entitled an act to provide for a runover where a candidate does not receive a majority of the votes cast in a county for state house offices; and for other purposes.

HH 741. By Messrs. Wilson, Weaver and Bloodworth of Bibb, and Bloodworth of Houston:
A bill to be entitled an act to require clerks of the superior courts to issue certified copies of veterans discharge certificates and fix the fee at 50c each; and for other purposes.

HB 749. By Messrs. Bloodworth, Wilson and Weaver of Bibb:
A bill to be entitled an act to prescribe the method of condemning vehicles and conveyances used to transport or conceal illegal liquor; and for other purposes.

HR 95-568c. By Mr. Harris of Richmond:
A resolution to direct the Budget Commission to reimburse the Department of Law for expenses incurred in freight rate litigation in the Supreme Court of the U. S.; and for other purposes.
HR 150-641a. By Mr. Alexander of Chatham:

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A resolution authorizing the State Properties Commission to sell a tract of unused marsh land on McQueens Island, in Chatham county, Georgia; and for other purposes.

HR l5l-644a. By Messrs. Gowen and Gilbert of Glynn:
A resolution authorizing the governor to execute a deed to certain lands in Glynn county to Boys Estate, Incorporated, to be used for a home for underprivileged boys; and for other purposes.

HR l59-699a. By Mr. Hall of Treutlen:
A resolution directing the governor to reconvey to James Fowler certain land in Treutlen county; and for other purposes.

HR l68-72la. By Messrs. Alexander, Connerat and McNall of Chatham, Gowen and Gilbert of Glynn, Claxton of Camden, Hinson of Ware, Fortson of Wilkes, Smith of Bryan, Harris of Richmond, Hart of Thomas, DeFoor of Mcintosh, Witherington of Wilcox, Beddingfield of Dooly, Herndon of Hart, Medders of Bacon, Black of Webster, and others:
A resolution authorizing the governor to appoint Charles H. Herty Memorial Association to erect a monument on the capitol grounds; and for other purposes.

HR l66-713a. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, Hicks of Floyd, Fortson of Wilkes, Kennon of Cook, Connell of Lowndes, Smith of Emanuel, Ray of Warren, Phillips of Columbia, Lewis of Hancock, and Connerat of Chatham:
A resolution authorizing the education committee of the General Assembly to investigate and make recommendations pertaining to the public school system; and for other purposes.

HR l69-734a. By Messrs. Cheshire of Colquitt and Connell of Lowndes:
A resolution proposing an amendment to the Constitution creating a Constitutional State Board of Public Welfare; and for other purposes.

Mr. Alexander of Chatham asked unanimous consent that the following bill of the House be withdrawn from further consideration by the House:
HB 754. By Messrs. Alexander, Connerat and McNall of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah to provide group insurance for its employees and to appropriate money to pay a portion of the premiums; and for other purposes.

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151

The unanimous consent request was granted, and HB 754 was withdrawn.
Mr. Thompson of Meriwether arose on the point of personal privilege and addressed the House.

Mr. Lovett of Laurens asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Amendments to Constitution No. 1 and recommitted to the Committee on General Judiciary No. 1:
HR 155-679a. By Messrs. Jennings of Sumter, Lovett of Laurens and others:
A resoltuion proposing an amendment to the Constitution of the State of Georgia, for ratification or rejection an amendment to the Constitution of the State of Georgia further defending and protecting the civil rights of the citizens and the inhabitants of the State of Georgia; and for other purposes.
The unanimous consent request was granted and HR 155-679a was withdrawn from the Committee on Amendments to the Constitution No. 1 and recommitted to the Committee on General Judiciary No. 1.

Mr. Roughton asked unanimous consent that the House disagree to the Senate substitute to the following bill of the House, and that a committee of conference be appointed thereto:
HB 367. By Messrs. Williams of Coffee, Barwick of Grady, Sheffield of Miller, Herndon of Hart, and Hinson of Jeff Davis:
A bill to be entitled an act to provide gasoline and kerosene on farm operations shall be exempt from the gas tax; and for other purposes.
The unanimous consent request was granted and the speaker appointed as a committee of conference the following members of the House: Messrs. Roughton of Washington, Smith of Emanuel, and Ray of Warren.

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

SB 219. By Senator Gross of the 31st:
A bill to be entitled an act to repeal Sections 24-4301, 24-4302 and 24-4303 of the Georgia Code of 1933 relating to the shorthand writers in the Supreme Court, their duties, salaries, etc., and by substituting in lieu thereof a new Section 24-4301 relating to law assistants, their duties, salaries, etc.; and for other purposes.

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SB 246. By Senator Drake of the 8th:
A bill to be entitled an act to change the time of holding the Superior Court of Seminole county from the third Mondays in April and October of each year to the second Mondays in January and July of each year; to fix the relation of pending proceedings; to provide for the jurors drawn to serve at the changed term, etc.; and for other purposes.

SB 253. By Senator :Millican of the 52nd:
A bill to be entitled an act to authorize and direct the commissioners of roads and revenues or the county authorities in all counties in the State of Georgia having a population of not less than two hundred thousand according to the Federal Census of 1940, or any future Federal Census, to pay to the ordinary in each county a salary of $9,000.00 per annum; and for other purposes.

SB 254. By Senator Millican of the 52nd:
A bill to be entitled an act to fix the penal amount of bonds required to clerks of superior courts in counties that have a population of more than 200,000 according to the last or future census; and for other purposes.

SB 255. By Senator Millican of the 52nd:
A bill to be entitled an act to provide the method of fixing the salaries of court bailiffs appointed by the judges in counties having a population of 200,000 or more; and for other purposes.

SB 256. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act to create a board of commissions of Roads and Revenue for the County of Fulton so as to provide that the commissioners whose terms expire December 31, 1946, shall be elected for a term to begin January 1, 1947, and end December 31, 1948, and to provide that their successors shall be elected quadrennially thereafter; and for other pucposes.

SB 263. By Senator Slaughter of the 50th:
A bill to be entitled an act to establish a system of public free schools in the City of Athens, Georgia, and to provide for the maintenance and support of the same; to provide for the issuance of bonds by said city for the purpose of building school houses, etc., approved October 15, 1885, Acts 1884-1885, p. 603, so as to give to the Board of Education as established by said act the additional powers of the right of eminent domain, etc.; and for other purposes.

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153

SB 259. By Senator Millican of the 52nd:
A bill to be established an act to amend an act to provide the counties having a population of more than 200,000 by the United States Census of 1920 shall furnish aid and relief and pensions to the regular members of the county police departments; and for other purposes.

SB 257. By Senator Millican of the 52nd:
A bill to be entitled an act to provide in Fulton county a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton county; and for other purposes.

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

SB 219. By Senator Gross of the 31st:
A bill to be entitled an act to repeal Sections 24-4301, 24-4302 and 24-4303 of the Georgia Code of 1933 relating to th~ shorthand writers in the Supreme Court, their duties, salaries, etc., and by substituting in lieu thereof a new Section 4301 relating to law assistants, their duties, salaries, etc.; and for other purposes.
Referred to Committee on General Judiciary No. 2.

S.R 239. By Senator Gross of the 31st:
A bill to be entitled an act to fix the salary of the judge and solicitor general of the City Court of Stephens.
Referred to Committee on Special Judiciary.

SR 246. By Senator Drake of the 8th:
A bill to be entitled an act to fix the time for holding Superior Court in Seminole county on the second Mondays in January and July; and for other purposes.
Referred to Committee on Special Judiciary.

SR 248. By Senator Caldwell of the 37th:
A bill to be entitled an act to amend the charter of the City of LaGrange by providing a new tax rate for educational purposes; and for other purposes.
Referred to Committee on Municipal Government.

SR 254. By Senator Millican of the 52nd:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to fix the bond of the clerk of Superior Court of Fulton county at $30,000.00; and for other purposes.
Referred to Committee on Special Judiciary.

SR 253. By Senator Millican of the 52nd:
A bill to be entitled an act to fix the salary of the ordinary of Fulton county at $9,000 per year; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 255. By Senator Milliman of the 52nd:
A bill to be entitled an act to fix the salaries of the bailiffs of Fulton Superior Court; and for other purposes.
Referred to Committee on Special Judiciary.

SR 256. By Senator Millican of the 52nd:
A bill to be entitled an act to change the time for election of Commissioners of Roads and Revenues of Fulton county; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 257. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act entitled "An act to provide in Fulton county a system for pension and retirement pay to teachers and employees of the Board of Education; and for other purposes.
Referred to Committee on Counties and County Matters.

SR 259. By Senator Millican of the 52nd:
A bill to be entitled an act that Fulton county shall furnish aid and relief and pensions to regular members of the County Police Department; and for other purposes.
Referred to Committee on Counties and County Matters.

SR 263. By Senator Slaughter of the 50th:
A bill to be entitled an act to give the Board of Education of Athens the right of eminent domain to acquire school property; 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:

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155

HB 633. By Mr. Mason of Morgan:
A bill to be entitled an act to provide for pay to the Board of County Commissioners of Morgan county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, .vas 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 646. By Mr. Crowley of McDuffie:
A bill to be entitled an act to amend the charter of the Town of Dearing to provide for the construction of a system of water works; and for other purposes.
The report 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 649. By Mr. Gavin of Clayton:
A bill to be entitled an act to abolish the officers of tax recetver and tax collector of Clayton county and creates the office of tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 664. By Mr. Cheek of Franklin:
A bill to be entitled an act to increase the salary of the tax commissioners of Franklin county; and for other purposes.
The report of the. committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 686. By Mr. Thompson of Meriwether:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to establish a new charter for the City of Warm Springs; and for other purposes.
The report 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 688. By Mr. Boyington of Union: A bill to be entitled an act to create a new charter for the City of Blairsville; and for other purposes.
The report of the committee, which was favorable to the passage of the hill. ' 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.
JJR 691. By Mr. Whaley of Telfair: A bill to be entitled an act to amend the charter of the City of J ack:sonville, in Telfair county, by extending 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 110, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 701. 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 civil service for city employees; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were Ill, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 708. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Milan to appoint a city treasurer and provide for the election of a successor and firing his bond; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.

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157

On the passage of the bill, the ayes were 112, the nays 0. The bill, having received the requisite constitutional majority, was passed.

H R 678. By Messrs. Alexander, Connerat and MeNall of Chatham:
A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah and several acts amendatory thereof and supplementary thereto incorporating the mayor and aldermen of the City of Savannah to authorize the mayor and council to extend water jurisdiction of the City of Savannah within the confines of Chatham county; and for other purposes.
The following substitute to HB 678 was read and adopted:
Substitute to HB 678:
An act entitled an act to amend the charter of the mayor and aldermen of the City of Savannah and several acts amendatory thereto and supplementary thereto incorporating the mayor and aldermen of the City of Savannah by authorizing the mayor and aldermen of the City of Savannah to enter into a contract for the purchase of water with the industrial and domestic water supply commission; authorizing the industrial and domestic water supply commission as an agency for the mayor and aldermen of the City of Savannah to enter into contracts for the sale of water and any and all contracts necessary in the construction, operation and maintenance of the industrial and domestic water supply with the approval of council; by authorizing the mayor and aldermen of the City of Savannah to extend the water jurisdiction of the City of Savannah anywhere within the confines of Chatham county; and for other purposes.
WHEREAS, the mayor and aldermen of the City of Savannah are engaged in the acquiring and constructing through the Industrial and Domestic Water Supply Commission as an agency of the city, an industrial and domestic water supply system to produce potable water from the Savannah River, necessitated by the fact that further use and consumption of water from existing underground sources will exhaust the same, thereby endangering the health and welfare of the inhabitants in its vicinity, and for the purpose of preserving the present underground supply and to increase the present domestic water supply by connecting the industrial and domestic water supply system with the existing water system of the city so as to provide potable Savannah River water for any needed domestic consumption, and further for the purpose of providing adequate amounts of potable Savannah River water for industrial purposes to expand the growth and progress of the City of Savannah and vicinity.
Section I. THEREFORE, BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that for the purpose of increasing the present domestic water supply of the City of Savannah, the mayor and aldermen of the City of Savannah are hereby authorized and

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empowered to contract with the Industrial and Domestic Water Supply Commission to purchase potable Savannah River water to be produced by the Industrial and Domestic Water Supply System and to pay for the same as any other consumer under similar contract.
Section 2. BE IT FURTHER ENACTED that the Industrial and Domestic Water Supply Commission as an agency of the mayor and aldermen of the City of Savannah is hereby authorized and empowered to enter into contract with other domestic and industrial outlets of potable Savannah River water, as well as with the mayor and aldermen of the City of Savannah, for the sale of water produced by said Industrial and Domestic Water Supply System. All of said contracts are authorized for a period of time and at a price of rate to be agreed upon by the consumer and the Industrial and Domestic Water Supply Commission subject to the approval of the mayor and aldermen of the City of Savannah.
All said contracts shall be authorized by the assent of the majority of the said Industrial and Domestic Water Supply Commission approved by the mayor and aldermen of the City of Savannah, and executed by the chairman and secretary of said commission.
Said commission is further authorized and empowered to enter into any and all :ontracts necessary in the construction, maintenance and operation of said Industrial and Domestic Water Supply System, subject to the approval of the mayor and aldermen of the City of Savannah.
Section 3. BE IT FURTHER ENACTED by the authority of aforesaid that soon and after the passage of this act the mayor and aldermen of the City of Savannah may extend their water plants, water works, water mains, water facilities and water services anywhere within the County of Chatham, and may furnish and sell water to consumers and users of the same anywhere within the limits of the County of Chatham.
Section 4. BE IT FURTHER ENACTED by the authority of the 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, was agreed to by substitute.
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.

Mr. Mitchell of Monroe moved to amend the calendar of the Rules Committee by placing HB 69 at the top of the calendar.
On the vote to amend the calendar of the Rules Committee the ayes were 31, the nays 26, and the motion was lost.

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159

Under the special and continuing order of business established by the Committee on Rules the following bills and resolutions were taken up for consideration, read the third time and placed upon their passage:

HB 621. By Mr. Connell of Lowndes, and others:
A bill to be entitled an act to create the 53rd Senatorial District composed of Cook, Brooks and Berrien counties and reapportion the 6th, 7th and 8th Senatorial Districts; and for other purposes.

The following amendments were read and adopted:
Messrs. Greer of Lanier and Connell of Lowndes moved to amend HB 621 by adding another section properly numbered to read as follows:
"The provisions of this act shall take effect on January 1, 1947."
Messrs. Smith of Emanuel, Guyton of Effingham, and Connerat, Alexander and McNall of Chatham moved to amend HB 621 as follows:
By striking Section I in its entirety and inserting in lieu thereof the folllowing:
Section 1. Under the authority contained in Paragraph 1, Section 2 of Article 3 of the Constitution as amended whereby the General Assembly is granted authority to create, rearrange and change senatorial districts within the limitation stated therein, the following new senatorial districts to be known as the 53rd and 54th Senatorial Districts are hereby created. The 53rd Senatorial District shall be composed of the Counties of Cook, Brooks and Berrien and the 54th Senatorial District shall be composed of the Counties of Toombs, Evans and Tatnall.
Section 2. By adding a new section as follows:
The 1st Senatorial District shall be composed of the Counties of Bryan and Chatham. By renumbering the remaining sections and by changing the caption accordingly. The 2nd Senatorial District shall be composed of the Counties of Liberty, Long and Mcintosh, the 15th Senatorial District shall be composed of the Counties of Treutlen, Montgomery and Wheeler, the 16th Senatorial District shall be composed of the Counties of Emanuel, Johnson and Laurens, and the 49th Senatorial District shall be composed of the Counties of Candler, Effingham, and Bulloch.
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 684. By Messrs. McCurdy and Hubert of DeKalb:
A bill to be entitled an act to provide the purposes for which county taxes can be levied and to repeal conflicting code sections; and for other purposes.

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The following substitute was read and adopted:
By Messrs. Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend Section 92-3701 of the Code of Georgia of 1933 as amended by the act of 1937-38, extraordinary session of the General Assembly, approved December 24, 1938; the act of 1939, approved February 21, 1939; the act of 1939, approved March 24, 1939; and the act of 1941 approved March 27, 1941, relating to the purposes for which counties may levy taxes, by striking said section as amended in its entirety, and substituting in lieu thereof a new section to be known as Section 92-3701, Purposes of County Taxation in General, so as to provide for what purposes counties may levy and collect taxes; to repeal all conflicting laws; and for other purposes.
BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section 1. From and after the passage of this act, Section 92-3701 of the Code of Georgia of 1933, as amended by the act of 1937-38; extraordinary session of the General Assembly, approved December 24, 1938; the act of 1939, approved February 21, 1939; the act of 1939, approved March 24, 1939, and the act of 1941, approved March 27, 1941, relating to the purposes for which counties may levy taxes, be, and the same is hereby amended by striking said section as amended in its entirety, and substituting in lieu thereof a new section, to be known as Section 92-3701, Purposes of County Tax in General, reading as follows, to wit:
92-3701. ( 513) Purposes of county tax in generaL-County taxes may be levied and collected for the following purposes:
1. To pay the expenses of administration of the county government.
2. To pay the principal and interest of any debt of the county and to provide a sinking fund therefor.
3. For educational purposes upon property located outside of independent school systems, as provided in Article 8 of the Constitution of Georgia as amended.
4. To build and repair the public buildings and bridges.
5. To pay the expenses of courts, the maintenance and support of prisoners and to pay sheriffs and coroners and for litigation.
6. To build and maintain a system of county roads.
7. For public health purposes in said county, and for the collection and preservation of records of vital statistics.
8. To pay county police.
9. To support paupers.
10. To pay county agricultural and home demonstration agents.

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161

11. To provide for payment of old-age assistance to aged persons in need, and for the payment of assistance to needy blind, and to dependent children and other welfare benefits, provided that no person shall be entitled to such assistance who does not qualify for such assistance 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 or liability against the county 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 under the Constitution of Georgia as amended for such purposes.
12. To provide for fire protection of forest lands and for the further conservation of natural resources.
13. To provide medical or other care, and hospitalization, for the indigent sick people of the county.
14. To acquire, improve and maintain airports, public parks, and public libraries.
15. To provide for workmen's compensation and retirement or pension funds for officers and employees.
16. To provide reasonable reserves for public improvements as may be fixed by law.
17. To pay pensions and other benefits and costs under a teacher retirement system or systems.
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.
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 107, the nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 659. By Messrs. Connell of Lowndes, Durden of Dougherty, and others:
A bill to be entitled an act to provide for the appointment of Assistant Treasurer by 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 106, the nays 4.
The bill, having received the requisite constitutional majority, was passed.

HB 620. By Messrs. Gowen and Gilbert of Glynn, and others: A bill to be entitled an act to amend the State Ports Authority Act ap-

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JOURNAL OF THE HOUSE,

proved March 9, 1945, to provide for maintenance by the state of a system of state docks; and for other purposes.
The report 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 619. By Messrs. Gowen and Gilbert of Glynn, and others:

A bill to be entitled an act .to set aside rentals from the Western and Atlantic railroads for the purpose of building ports at Savannah and Brunswick; and for other purposes.

This bill involving an appropriation, the House was resolved into a committee of the whole House with instructions not to read the bill in its entirety, and the speaker appointed Mr. Kenimer of Harris as chairman thereof.

The committee of the whole House arose and through its chairman reported the bill back to the House with recommendations that same do pass.

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

On the passage of the bill, the roll was called and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander of Carroll Alexander of Chatham Almand Arnall Baker Barrett Barwick Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brooke Brunson Callaway Campbell Cates
Chan~e
Chastain

Cheek Cheshire Claxton Connell Conner at Cowart Crow Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson

Fowler Freeman Garrison Gary Gaskins Gavin Gibson Giddens Gilbert Glisson Gowen Greene Greer Griswell Guerry Guyton Hall Hampton Hand Harden Harrison of Jenkins

THURSDAY, JANUARY 17, 1~46

163

Harrison of Screven

Harrison of Wayne

Hatchett

Hefner

Herndon

Herrin

Hicks

Hill

Hinson of Jeff Davis

Hinson of Ware

Holbrook

Holleman

Holley

Hollis

Holloway

Hooks

Hubert

Hurst

Jackson

Jennings of Terrell

Kelley

Kenimer

Kennon

Kent

Key

King Knabb



Lam

Lancaster

Lewis

Littlejohn

Looper

Lovett

McCracken McCurdy McNall Mallard Mann of Henry Mann of Rockdale Manous Mason Matthews of Peach Maund Medders Miller Mitchell Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Nicholson Oliver Overby Pannell Parham Parks Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Ramey Ray Riddlespurger

Ritchie Rossee Roughton Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Sumner Swint Thompson Thrash Trotter Watford Weaver Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Ware Willis Willoughby Wilson Witherington

Voting in the negative was:

Hardy of Jackson

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

On the passage of the bill, the ayes were 160, the nays 1.

The bill, having received the requisite constitution majority, was passed.

HR 148-624a. By Mr. Gowen of Glynn:
A resolution authorizing allotments from the State Emergency Fund to the State Ports Authority; and for other purposes.

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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 103, the nays 0.
The resolution, h11ving received the requisite constitutional majority, was passed.

HB 654. By Messrs. Hinson of Ware, Evitt of Catoosa, and others:

A bill to be entitled an act to provide for pay and subsistence of members of the State Highway Patrol; and for other purposes.

The following amendment was read and adopted:

Mr. Matthews of Peach moved to amend HB 654 by striking from the caption of said bill the following:

Bl providing for one troop to consist of not less than 200 men with the right of increasing same to a combined force of not more than 300 members under certain conditions; to redefine the pay of certain personnel; to redefine the membership of said staff;" and substitute in lieu thereof the following:

"By providing for one troop to consist of not more than 300 men in the discretion of the Director of Public Safety with the approval of the Department of Public Safety; to redefine the rank and pay of certain personnel;"

By striking Sec~ion 2 of said act in its entirety and inserting in lieu thereof the following:

Section 2. Paragraph 2 of Section 2 of Article 2 of the let approved March 19, 1937, and all amendatory acts thereto, is hereby amended by striking and repealing the said P'aragraph 2 and all amendments thereto, and inserting in lieu thereof a new Paragraph 2 which reads as follows:

One troop of not more than 300 officers and men, in the discretion of the Direc-

tor of Public Safety with the approval of the Department of Public Safety, which

troop as instituted, shall be composed of the following personnel, including the

commanding officer and treasurer herein named; said troop to include not more than

the following numbers of officers and non-commissioned officers with salaries as

herein stated, payable monthly:



2 captains ...................................................................... at $2,700 per year, each
5 first lieutenants ........................................................at 2,300 per year, each
2 sergeants-major ........................................................at 2,100 per year, each 4 staff sergeants ..........................................................at 1,900 per year, each 22 sergeants ....................................................................at 1,800 per year, each 22 corporals ....................................................................at 1,700 per year, each All troopers ..................................................................at 1,500 per year, each

Said salaries to be increased by the Commissioner of Public Safety, with the approval of the Department of Public Safety, not more than five ( 5%) per cent,

THURSDAY, JANUARY 17, 1946

165

annually, for the first five years of enlistment; and said five (5%) per cent, to be figured on base pay as set forth in this act, provided, however, the said salaries shall be maintained within the appropriation made by law."
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.
Mr. Durden of Dougherty moved that the House do now recess until 2:00 o'clock, the motion prevailed and the speaker announced the House recessed until 2:00 o'clock p. m.

2 o'clock p. m.
The speaker called the House to order.
The following Senate resolution was read and adopted:
SR 13. By Senators Hawes of the 30th and Hill of the 36th:
A resolution inviting Hon. J. Knox Gholston to appear before a joint session of the Senate and House to address said body; and for other purposes.

Under the special and continuing order of business established by the Committee on Rules the following bills and resolutions were taken up for consideration, read the third time and placed upon their passage:
HB 667. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize housing authorities to clear slums and acquire real property for redevelopment; and for other purposes.
The report of the committee, which was fav:orable 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 690. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend motor common carriers act by limiting the granting of certificates where another carrier is already the holder of a certificate; 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 110, the nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 705. By Messrs. Young of Muscogee, Littlejohn of Floyd, Ansley of Lee, Hall of Treutlen, and l\1orrison of Montgomery:
A bill to be entitled an act to amend Code Section 92-2902 by increasing the fee for truck trailers or semi-trailers in the state; and for other purposes
The following amendment was read and adopted:
The Committee on Motor Vehicles moved to amend HB 705 as follows: Section 2. All laws and parts of laws in conflict herewith be, and are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, as amended, the ayes were 107, the nays 0.
The bill, having received the requisite constitutiona majority, was passed as amended.

HB 704. By Messrs. Weaver and Bloodworth of Bibb, and Bloodworth of Houston:
A bill to be entitled an act to amend the general tax act to define government war bonds issued after December 7th, 1941; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
Mr. Weaver of Bibb asked unanimous consent that HB 704 be immediately transmitted to the Senate, the motion prevailed, and HB 704 was ordered immediately transmitted to the Senate.

HR 161-700A. By Mr. Greene of Crisp:
A resolution proposing to establish a memorial park for Georgia veterans; 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.

THURSDAY, JANUARY 17, 1946

167

HB 635. By Mr. Durden of Dougherty:
A bill to be entitled an act to fix fees for clerks of the superior courts of this state; and for other purposes.
The following amendments were read and adopted:
Mr. Durden of Dougherty moved to amend HB 635 by striking Section 2 in its entirety.
Mr. Bloodworth of Bibb moved to amend HB 635 by adding the following proviso after Section 1_ to wit:
Provided nothing herein shall apply to clerks of superior courts who are on a salary basis only.
The r!'port 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.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 247. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal an act approved February 14, 1935, entitled "An act to define the status of the regents of the University System of Georgia and of the members of the Board of Regents of the University System of Georgia; to declare the state's title and ownership of property held by the regents of the University System; to limit and restrict the powers of the regents of the University System and the members of the Board of Regents; and for other purposes.

The following message was received from the Senate through 1\tlrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House to wit:
HB 367. By Mr. Williams of Coffee, and others:
A bill to provide gasoline and kerosene used on farm operations shall be exempt from the gas tax; and for other purposes.

168

JOURNAL OF THE HOUSE,

The president appointed on the part of the Senate the following committee of conference:
Senators Millican of the 52nd, Greene of the 21st, and Baggett of the 51st.

Mr. Wells of Ben Hill 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 362 HB 368 HB 479 HB 552 HB 618 HB 624 HB 637 HB 650 HB 661 HB 669 HB 674 HB 679 HR 89 HR 147 HR 158 HR 160 HR172
Respectfully submitted, Wells of Ben Hill, Chairman.

Mr. Willoughby of Clinch asked unanimous consent that the following bill of the House be recommitted to the Committee on Hygiene and Sanitation:

THURSDAY, JANUARY 17, 1946

169

HB 712. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend Code Section 84-1313 relative to qualifications for applicants as pharmacists and provide new qualifications by requiring twelve months' experience after graduation from a school of pharmacy; and for other purposes.
The unanimous consent request was granted and HB 712 was recommitted to the Committee on Hygiene and Sanitation.
Under the special and continuing order of business established by the Committee on Rules the following bills were taken up for consideration, read the third time and placed upon their passage:

HB 670. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend an act entitled Department of Forestry Expenditure of Federal 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 120, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
Mr. Harrison of Jenkins moved that HB 670 be immediately transmitted to the Senate, the motion prevailed and HB 670 was ordered immediately transmitted to the Senate.

HB 522. By Mr. Strickland of Upson:
A bill to be entitled an act to prohibit a licensed optometrist from condm;ting the practice of optometry with a person or group of persons who are not licensed optometrists; and for other purposes.
The following amendment was read and adopted :
Mr. Hicks of Floyd moved to amend HB 522 by adding thereto a new paragraph to be appropriately numbered as follows:
If any of the provisions of this act shall be held unconstitutional by a court of competent jurisdiction, such decision shall not affect or impair the remaining provisions thereof.
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 Mr. Smith of Bryan moved the ayes and nays and the motion prevailed.
The roll was called and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting m the affirmative were:

Alexander of Carroll Alexander of Chatham Almand Ansley Arnall Barrett Barwick Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Brunson Callaway Campbell Chance Cheek Cheshire Connell Cowart Culpepper Dallis Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Fulton Evitt Fortson Freeman Gammage Garrison Gaskins Giddens Gilbert Glisson Gowen Greene Griswell Guerry

Guyton Harden Harrison of Jenkins Harrison of Screven Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Holleman Holley Hollis Hooks Hubert Hurst Jackson Jennings of Terrell Kelley Kenimer Kennon Key King Lam Lancaster Lewis Littlejohn Livingston Looper McWhorter Mallard Mankin Mann of Rockdale Manous Mason Massey Matthews of Peach Maund Mitchell Moye of Randolph Mullinax

Those voting in the negative were:

Adamson Dorsey of Cobb

Hogg Holloway

Murphy Nicholson Oden Oliver O'Shea! Overby Parham Pennington Phillips Pittman of Tift Porter Ramey Ray Ritchie Rossee Roughton Rowland Seagraves Sears Sheffield Shields Sills Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Swint Thompson Thrash Trotter Watford Weaver Wells of Lincoln Williams of Appling Williams of Coffee Williams of Jones Willis Willoughby Wilson Young
Smiley

THURSDAY, JANUARY 17, 1946

171

Not voting were: Adams, Arnold, Baker, Banks, Bargeron, Battles, Boynton, Brumby, Burch, Cates, Chastain, Claxton, Connerat, Crow, Crowley, DeFoor, Dorsey of White, Dupree, Etheridge of Butts, Fowler, Gary, Gavin, Gibson, Greer, Hall,
Hampton, Hand, Hardy of Hall, Hardy of 1ackson, Harrison of Wayne, Hart, Hatchett, Holbrook, 1ennings of Sumter, 1ohns, Kendrick, Kent, Knabb, Lane,
Lovett, McCracken, McCurdy, McN~ll, Malone, Mann of Henry, Matthews of Paulding, Medders, Miller, Moore, Morrison, Mosley, Moye of Brooks, Oakley, Odom, Pannell, Parks, Pettit, Pittman of Bartow, Powell, Price, Riddlespurger, Sapp, Seagler, Sumner, Thornton, Twitty, Underwood, Wells of Ben Hill, Whaley, Williams of Gwinnett, Williams of Toombs, Williams of Ware, and Witherington.
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 126, the nays 5.
The bill, having received the requisite constitutional majority, was passed as amended.

Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, the motion prevailed and the speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

172

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia, Friday, January 18, 1946.
The House met pursuant to adjournment today at 10:00 o'clock, was called to order by the speaker pro tern. and opened with scripture reading and prayer by Dr. Fred Smith of the First Baptist Church of Bremen, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Evitt of Catoosa, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with. The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
I. Introduction of bills and resolutions.
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. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills.

Mr. Roughton of Washington asked unanimous consent of the House for per- mission of approval for introduction of the following appropriation bill in accordance with the rules of the House:

HR 768. By Messrs. Rot ghton of Washington, Thompson and Hatchett of Meriwether, Thrash and Williams of Coffee, Lancaster of Hall, Barrett of Banks, Dorsey of White, Medders of Bacon, Hill of Clarke, Jackson of Washington, Smith of Emanuel, Boyington of Union, Lam of Troup, Kelly of Walker, Lewis of Hancock, Rowland of Johnson, Hicks of Floyd, Kennimer of Harris, Price of Clarke, Cheek of Franklin, Hooks of Emanuel, Dykes of Bleckley, Ray of Warren, Miller and Battles of Decatur, Brooke of Whitfield, Freeman of Upson, Chastain of Thomas, Garrison of Habersham, Thornton of Elbert, Dupree of Pulaski, Britton of Whitfield, Herndon of Hart, and Seagler of Crawford:
A bill to be entitled an act to make an appropriation of $34,548,000.00 to the Department of Education for the purpose of increasing teachers' salaries 50% ; and for other purposes.
The unanimous consent request was granted.

FRIDAY, JANUARY 18, 1946

173

Mr. Smith of Bryan asked unanimous consent that the following bill of the House be withdrawn from the Committee on Education No. 1, read the second time and recommitted to the Committee on Education No. 1:
HB 766. By Mr. Smith of Bryan:
A bill to be entitled an act to authorize each local school district in Bryan county to issue bonds for schools; and for other purposes.
The unanimous consent request was granted.

By unanimous consent the following bills and/or resolutions of the House were introduced, read the first time and referred to committees:
HB 768. By Messrs. Roughton of Washington, Thompson and Hatchett of Meriwether, Thrash and Williams of Coffee, Lancaster of Hall, Barrett of Banks, Dorsey of White, Medders of Bacon, Hill of Clarke, Jackson of Washington, Smith of Emanuel, Boyington of Union, Lam of Troup, Kelly of Walker, Lewis of Hancock, Rowland of Johnson, Hicks of Floyd, Kennimer of Harris, Price of Clarke, Cheek of Franklin, Hooks of Emanuel, Dykes of Bleckley, Ray of Warren, Miller and Battles of Decatur, Brooke of Whitfield, Freeman of Upson, Chastain of Thomas, Garrison of Habersham, Thornton of Elbert, Dupree of Pulaski, Britton of Whitfield, Herndon of Hart, and Seagler of Crawford:
A bill to be entitled an act to make an appropriation of $34,548,000.00 to the Department of Education for the purpose of increasing teachers' salaries 50% ; and for other purposes.
Referred to Committee on Appropriations.

HB 769. By Messrs. Bloodworth and Wilson of Bibb, and Bloodworth of Houston:
A bill to be entitled an act to amend Code Section 27-2912 by providing a limitation of seven years in which prior officers of a county may collect their cost from fines and forfeitures; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 770. By Mr. Gilbert of Glynn:
A bill to be entitled an act to fix the compensation of bailiffs and jurors not to exceed $5 per day; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 771. By Messrs. Hicks of Floyd, Smith of Emanuel, and Culpepper of Fayette: A bill to be entitled an act to amend Code Section 114-709 to provide that

174

JOURNAL OF THE HOUSE,

verified copies of medical reports made by the employer or insurance carrier shall be sent to the claimant and to the State Board of Workmen's Compensation; and for other purposes.
Referred to Committee on Industrial Relations.

HB 772. By Mr. Gowen of Glynn:
A bill to be entitled an act to provide for the procedure and jurisdiction in divorce and alimony cases; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 773: By Mr. Gowen of Glynn:
A bill to be entitled an act to amend Section 56-403 of the code to provide insurance companies shall file the reports with the insurance commissioner instead of with the governor; and for other purposes.
Referred to Committee on Insurance.

HB 774. By Mr. Burch of Dodge:
A bill to be entitled an act to provide that all script or warrants for expenses of the Superior Court of Dodge county and the City Court of Eastman shall be drawn by the clerk of the court on the county treasurer; and for other purposes.
Rt>ferred to Committee on Municipal Government.

HR l76-774a. By Messrs. Jackson of Washington, and Roughton of Washington:
A resolution to appropriate $106.25 to pay C. R. Jones for corn destroyed by fire started by employees of the State Highway Department while burning the sides of the highway; and for other purposes.
Referred to Committee on Appropriations.

IIH 775. By Mr. Price of Clarke:
A bill to be entitled an act to provide that county commissioners may tax persons, firms, or corporations engaged in fortune-telling, phrenology, clairvoyance, or other kindred practices outside of corporate limits; and for other purposes.
Referred to Committee on Ways and Means.

HB 766. By Mr. Hubert of DeKalb:
A bill to be entitled an act to confer jurisdiction on justices of the peace in actions in trover and bail trover when the amount involved does not exceed

FRIDAY, JANUARY 18, 1946

175

$200; and for other purposes. Referred to Committee on General Judiciary No. 2.

HB 777. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton:
A bill to be entitled an act to provide that the county commissioners of Fulton county shall fix the salaries of the clerk of the superior court, sheriff, ordinary, tax collector and tax receiver; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 778. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to amend Code Section 32-1114 to change the amount of commission paid to tax collectors on taxes collected; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 779. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 32-1401, 32-1402 and 32-1403 to authorize counties constituting a school district exclusive of independent school systems to issue bonds for school purposes; and for other purposes.
Referred to Committee on State of Republic.

HB 780. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 87-203 and 87-204 so as to provide when counties, municipalities and political subdivisions may issue bonds and the procedure to ascertain the number of v~tes cast; and for other purposes.
Referred to Committee on State of Republic.

HB 781. By Mr. McCracken of Jefferson:
A bill to be entitled an act to amend the law providing for tax refunds to limit the time the State Revenue Commissioner may pay interest on such tax refunds; and for other purposes.
Referred to Committee on Ways and Means.

HB 782. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to provide that commissioners of Hall county may levy a tax of six-tenths of one per centum for paying salaries for working and repairing public roads; and for other purposes.

176

JOURNAL OF THE HOUSE,

Referred to Committee on Counties and County Matters.

HR 177-782a. By Mr. Bloodworth of Houston:
A resolution to appropriate funds to pay Mrs. Lillian Andrews, Mrs. Robert Sparks, Robert Sparks, and Bruce Sparks the amount of medical and hospital expenses incurred as a result of a collision with a State Highway P'atrol car; and for other purposes.
Referred to Committee on Special Appropriations.

Mr. Harrison of Jenkins county, chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker:
Your Committee on Conservation have had under consideration the following resolution of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HR 149-633a. Do Pass
Respectfully submitted,
Harrison of Jenkins, Chairman.

Mr. Holley of Richmond county, vice-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 vice-chairman, to report the same back to the Home with the following recommendation:
HB 216. Do Pass by Substitute
Respectfully submitted,
Holley of Richmond, Vice-Chairman.

Mr. Price of Clarke county, chairman of the Committee on Veterans' Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Veterans' Affairs have had under consideration the following resolution of the Howse and has instructed me as chairman, to report the same hack to the House with the following recommendation:

FRIDAY, JANUARY 18, 1946

177

HR 128-614a. Do Pass Respectfully submitted,

Price of Clarke, Chairman.

Mr. Baker of Floyd 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 recommendation:
HB 767. Do Pass
Respectfully submitted,
Baker' of Floyd, Chairman.

Mrs. Guerry off 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 recommendation:
HR 175-767a. Do Pass
Respectfully submitted,
Guerry of Macon, 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 have instructed me as chairman, to report the same back to the House with the following recommendations:
HB 699. Do Not Pass
HB 723. Do P'ass
HB 726. Do Pass

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JOURNAL OF THE HOUSE,

HB 736. Do Pass HB 750. Do Pass HB 751. Do Pass HB 753. Do Pass HB 756. Do Pass

Respectfully submitted,

Sills of Candler, 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 hills of the House and Senate and have instructed me as chairman, to report the same hack to the House with the following recommendations:
SB 219. Do Pass
HB 765. Do Pass
Respectfully submitted,
Hicks of Floyd, Chairman.

Mr. Pittman of Bartow 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 h-ave had under consideration the following resolution of the House and have instructed me as chairman, to report the same hack to the House with the following recommendation:
HR 170-734h. Do Pass
Respectfully submitted,
Pittman of Bartow, Chairman.

Mr. Arnall of Coweta county, chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:

FRIDAY, JANUARY 18, 1946

179

Your Committee on Ways and Means have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HB 764. Do Pass by Substitute
Respectfully submitted,
Arnall of Coweta, Chairman.

Mr. Pannell of Murray 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 recommendation:
SB 239. Do Pass
Respectfully submitted,
Pannell of Murray, Chairman.

Mr. Bloodworth of Bibb 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 248. Do Pass HB 743. Do Pass HB 742. Do Pass HB 761. Do Pass HB 752. Do Pass HB 729. Do P'ass HB 744. Do Pass HB 735. Do Pass SB 263. Do Pass HB 757. Do Pass as Amended

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Respectfully submitted,
Bloodworth of Bibb, Chairman.

Mr. Fortson of Wilkes county, chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HB 712. Do Not Pass
Respectfully submitted,
Fortson of Wilkes, Chairman.

Mr. Key of Jasper 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 resolution of the House and have instructed me as chairman, to report the same ba~k to the House with the following recommendation:
HR l74-757a. Do Pass
Respectfully submitted,
Key of Jasper, Chairman.

Mr. Pannell of Murray 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 740. Do Pass
HB 755. Do Pass
HB 739. Do Pass
HB 758. Do Pass

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181

HB 759. Do Pass HB 760. Do Pass HB 738. Do Pass

Respectfully submitted,
Pannell of Murray, 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 following resolution of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HR 153-659a. Do Pass
Respectfully submitted,
Rossee of Putnam, 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 and resolution of the House and have instructed me as chairman, to report the same back to the House with the following recommendations:
HB 762. Do Pass
HR 167-713b. Do Pass
Respectfully submitted,
McCracken of Jefferson, Chairman.

By unanimous consent the following bills and/or resolutions of the House and Senate were favorably reported, and read the second time:
HB 216. By Mr. Key of Jasper:
A bill to be entitled an act to amend the Workmen's Compensation Act to include the disease known as silicosis within the term of injury; and for other purposes.

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HB 723. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to provide for voting machines in Fulton county; and for other purposes.

HB 726. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to create a Ware County Hospital Board to operate the Ware County Hospital; and for other purposes.

HB 729, By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the City of Saint Mary's by extending the corporate limits; and for other purposes.

HB 735. By Mr. Seagraves of Madison:
A bill to be entitled an act to create a charter for the City of Ila, m the County of Madison; and for other purposes.

HB 736. By Messrs. Marion Ennis and J. H. Ennis of Baldwin:
A bill to be entitled an act to provide for a runover where a candidate does not receive a majority of the votes cast in a county for state house officers; and for other purposes.

HB 738. By Messrs. Lovett and Malone of Laurens, Chance of Twiggs, Rowland of Johnson:
A bill to be entitled an act to fix the salary for the solicitor general of the Dublin Judicial Circuit; and for other purposes.

HB 739. By Mr. Lovett of Laurens:
A bill to be entitled an act to fix the salaries of the judge and solicitor of the City of Dublin; and for other purposes.

HB 740. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to require the payment of $10 to the clerk of Meriwether Superior Court when filing a suit for divorce, to cover cost; and for other purposes.

HB 742. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur relative to the police court; and for other purposes.

HB 743. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:

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183

A bill to be entitled an act to amend the charter of the City of Decatur to provide an assessment of property on each side of the street for the construction of sewers; and for other purposes.

HB 744. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur to authorize the city to pay pensions to officers and employees; and for other purposes.

HB 750. By Mr. Willoughby of Clinch:
A bill to be entitled an act to provide that the tax receiver of Clinch shall be paid a commission on all taxes collected by the tax collector for the County Board of Education; and for other purposes.

HB 751. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the commtsstoners of Rockdale county to construct recreation facilities with county funds, equipment and labor; and for other purposes.

HB 752. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the mayor and council of Conyers to construct recreation facilities with city funds, equipment and labor; and for other purposes.

HB 753. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to repeal an act approved March 9, 1945, to authorize the commissioners of Richmond county to levy an assess occu-
pational taxes and license fees in the county; and for other purposes.
HB 755. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to increase the pay of the secretary of coroners juries in Bibb county to $5 for each inquest; and for other purposes.

HB 756. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the commissioners of Bibb county to establish a pension and/ or insurance provisions for the county employees; and for other purposes.

HB 758. By Mr. Nicholson of Oconee:
A bill to be entitled an act to amend Section 2727 of the code to provide a fee of $10 for the clerks of superior court in proceedings for the adoption

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of children; and for other purposes.

HB 759. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize counties, cities and towns to issue revenue certificates for the purpose of constructing recreational facilities, dormitories, laboratories, libraries, and other related facilities; and for other purposes.

HB 760. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend Code Sections 87-201, 87-203 and 87-204 to provide for elections, and the method of issuance of revenue certificates by any county, municipality or political subdivision of the state; and for other purposes.

HB 761. By Mr. Jennings of Terrell:
A bill to be entitled an act to amend the charter of the City of Dawson to provide for zoning and planning ordinances; and for other purposes.

HB 762. By Mr. Dykes of Bleckley:
A bill to be entitled an act to prevent state officials and employees to solicit members of the General Assembly to vote for or against any bill or resolution; and for other purposes.

HB 764. By Mr. Smith of Emanuel:
A bill to be entitled an act to amend Section 84-2011 of the code to provide any veteran of the armed forces of any war who has a 100% disability may conduct a business or peddle without a license; and for other purposes.
HB 765. By Messrs. Connell of Lowndes and Gowen of Glynn:
A bill to be entitled an act to provide terms upon which foreign corporations may do business in this state; to require filing of copy of charter with the Secretary of State and designation of an agent for service of process; and for other purposes.

HB 767. By Messrs. Baker and Hicks of Floyd, and Pittman of Bartow:
A bill to be entitled an act to create a Board of Corrections and fix the term and compensation of the members; and for other purposes.

HR 128-614a. By Mr. Arnold of Spalding:
A resolution petitioning Congress to simplify the act which provides for loans to returning veterans of World War II; and for other purposes.

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185

HR 149-633a. By Messrs. Harris, King and Holley of Richmond:
A resolution authorizing the director of the Department of Forestry to lease certain lands to Richmond county; and for other purposes.

HR 153-659a. By Messrs. Shields, Holleman and Young of Muscogee:
A resolution naming a part of the four-lane super highway that runs south from Columbus and through Fort Henning "Victory Drive"; and for other purposes.

HR 167-713b. By Messrs. Harris of R1chmond, and Culpepper of Fayette:
A resolution to provide a maintenance allowance for the state auditor in lieu of actual hotel and subsistence; and for other purposes.

HR 170-734b. By Messrs. McCurdy of DeKalb and Fortson of Wilkes:
A resolution proposing an amendment to the Constitution creating a constitutional State Board of Health; and for other purposes.

HR 174-757a. By Mr. Massey of Dade:
A resolution authorizing the governor to trade certain land owned by the state for 1210 acres adjoining the State Park in Dade county; and for other purposes.
HR 175-767a. By Messrs. Gowen and Gilbert of Glynn:
A resolution to declare the name of an inlet between St. Simon Island and Sea Island to be Goulds Inlet; and for other purposes.
SB 219. By Senator Gross of the 31st:
A bill to be entitled an act to repeal Sections 24-4301, 24-4302 and 24-4303 of the Georgia Code of 1933 relating to the shorthand writers in the Supreme Court, their duties, salaries, etc., and by substituting in lieu thereof a new Section 24-4301 relating to law assistants, their duties, salaries, etc.; and for other purposes.
SB 239. By Senator Gross of the 31st:
A bill to be entitled an act to fix the salary of the judge and solicitor general of the City Court of Stephens county; and for other purposes.
SB 248. By Senator Caldwell of the 37th:
A bill to be entitled an act to amend the charter of the City of LaGrange by providing a new tax rate for educational purposes; and for other
purposes.

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JOURNAL OF THE HOUSE,

SB 263. By Senator Slaughter of the 50th:
A bill to be entitled an act to give the Board of Education of Athens the right of eminent domain to acquire school property; and for other purposes.

HB 757. By Mrs. Guerry of Macon:
A bill to be entitled an act to authorize municipalities to annex to the existing corporate limits adjoining land upon t\le unanimous written application of all the owners of the land to be annexed; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolution of the Senate to wit:
SB 258. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the act approved March 9, 1945, entitled "An act for the abatement of all income taxes for members of the armed forces upon death; and for other purposes; by adding in the fourth line of Section 1 of said act, after the words "United States, the following words, "or any of the other United Nations."

SB 269. By Senator Harrell of the 7th:
A bill to be entitled an act to amend the charter of the City of Thomasville, in the County of Thomas, by changing and extending the corporate limits; and for other purposes.

SB 241. By Senator Stone of the 15th:
A bill to be entitled an act approved March 8, 1945, making comprehensive provision for an integrated Veterans Service for Georgia, creating a State Department of Veterans Service; and for other purposes.

SR 58. By Senator Stone of the 15th:
A resolution proposing an amendment to Par. IV, Sec. 1, Art. VII of the Constitution of 1877 as amended in 1945, to provide an exemption from all taxation any and all property owned by any recognized veterans organization that is chartered by act of U. S. Congress; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:

FRIDAY, JANUARY 18, 194b

187

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

SB 222. By Senator Gross of the 31st:
A bill to be entitled an act to repeal Section 24-3508 of the Code of Georgia, 1933, relating to shorthand writers in the Court of Appeals; by designating another title; by fixing the salaries thereof; and for other purposes.

SB 235. By Senator Hodges of the 26th:
A bill to be entitled an act to amend the act with reference to County Commissioners of Butts county so as to provide that two members of the Board of Commissioners shall constitute a quorum for the transaction of all business; and for other purposes.

SB 250. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act approved August 21, 1922, to provide a uniform county commissioners' law so as to provide that all counties having a population of 200,000 or more by the last U. S. Census, or any future U. S. Census, shall be exempt from the provision of said act and to provide that such counties the office of county manager be created; and for other purposes.

SB 251. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act authorizing the Board of Commissioners of Roads and Revenues of Fulton county to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.

SB 261. By Senator Bentley of the 25th:
A bill to be entitled an act to amend the charter of the City of Silvertown, in Upson county; and for other purposes.

SB 266. By Senator Slaughter of the 50th:
A bill to be entitled an act to amend the act granting charter of the mayor and council of the City of Athens, and all acts amendatory thereto, so as to make the mayor the chief executive officer of the City of Athens; to grant to the mayor power to veto ordinances passed by council; to provide how veto by mayor may be overriden; to provide that the mayor shall appoint all special committees of the city council; to provide that the mayor shall annually, at the same time for submitting annual budget, etc.; and for other purposes.

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SB 268. By Senator Edenfield of the 2nd:
A bill to be entitled an act to amend an act entitled "An act to provide a new charter for the City of Darien, superseding all previous acts, defining its limits and conferring additional powers on said corporation," etc.; by conferring on the City of Darien the right to close, sell and convey portions of certain squares and streets; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 224. By Senators Stone of the 15th and Gould of the 4th:
A bill to be entitled an act to amend an act approved March 15, 1935 (Ga. Laws 1935, pp. 163-166) as amended by Act approved March 20, 1943 (Ga. Laws 1943, pp. 617-619) providing for the issuance of certificates of exemption from the payment of peddlers and business license tax to holders of disabled veterans licenses so as to include veterans of the Philippine Insurrection and the Boxer Rebellion; and for other purposes.

The speaker recognized the presence in the gallery of the fifth grade class from the Ragsdale School of Atlanta, with Mrs. L. M. Thompson, principal; Mrs. B. R. Burnette, fifth grade teacher; and Mrs. M. R. Rodd, president of the P.-T. A.
The speaker recognized the presence in the gallery of the seventh grade class from the Mayson School in Fulton county, with Miss Margaret Barton, teacher.
The speaker recognized the presence in the gallery of the tenth and eleventh grade classes of Roopville High School in Carroll County, with Mrs. W. L. Willis, teacher.

The following resolution was read and adopted:
HR 178. By Messrs. Gowen and Gilbert of Glynn, Durden of Dougherty, Hand of Mitchell, Phillips of Columbia, Harrison of Jenkins, Arnall of Coweta, Sears of Atkinson, Fortson of Wilkes, Trotter of Troup, and Williams of Jones:
WHEREAS, there has today been circulated in the halls and corridors of this capitol a scurrilous handbill attacking the character of the speaker of this House; and
WHEREAS, the members of the House of Representatives desire to reexpress their complete confidence and trust in our speaker and in his character and sincerity of purpose.

FRIDAY, JANUARY 18, 1946

189

THEREFORE, BE IT RESOLVED by the House of Representatives that we condemn this scurrilous attack as unjustified and unbecoming and we hereby express officially our complete confidence in our speaker and in his record as a conscientious public servant and as a Christian gentleman in private life, and we remind the people that his long, unselfish service to this state is a living memorial to this distinguished Georgian.

By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 675. By Mr. Herndon of Hart: A bill to be entitled an act to repeal an act creating a Board of Commissioners of Roads and Revenues for the County of Hart; and for other purposes.
The report 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 676. By Mr. Herndon of Hart:
A bill to be entitled an act to create the office of Commissioners of Roads and Bridges and a Board of Finance, consisting of three members; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 710. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville, in Bartow county, and the various acts amendatory thereof so as to extend the corporate limits of said town; and for other purposes.

The following amendment was read and adopted:
Messrs. Pettit and Pittman of Bartow move to amend HB 710 by adding at the end of Paragraph 1 thereof the following provision:
"Provided, however, that this act and amendment shall become effective only when same is agreed to by a majority vote of those voting and qualified to vote for members of the General Assembly of Georgia on January 18, 1946, and living within the territory embraced in and to be effected by this act, the said election to be called,

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held and declared and the voters list provided by the mayor and council of the Town of Adairsville, 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 106, the nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 711. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville to provide a referendum on the construction of a water works 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 107, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 713. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend an act approved March 2, 1945 (Acts 1945, pp. 829-830) regarding the qualifications of the solicitor of the County Court of Clinch; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 722. By Mr. Hicks of Floyd:
A bill to be entitled an act to increase the salary of the judge of the City Court of Rome; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bills and/ or resolution of the Senate were introduced, read the first time and referred to the committees:
SB 222. By Senator Gross of the 31st:

FRIDAY, JANUARY 18, 1946

191

A bill to be entitled an act to repeal Section 24-3508 of the Code of Georgia, 1933, relating to shorthand writers in the Court of Appeals; by designating another title; by fixing the salaries thereof; and for other purposes.
Referred to Committee on General Judiciary No. 2.

SB 224. By Senators Stone of the 15th and Gould of the 4th:
A bill to be entitled an act to amend an act approved March 15, 1935 (Ga. Laws, 1935, pp. 163-166) as amended by act approved March 20, 1943 (Ga. Laws 1943 pp. 617-619) providing for the issuance of certificates of exemption from the payment of peddlers' and business license tax to holders of disability veterans' license so as to include veterans of the Philippine Insurrection and the Boxer Rebellion; and for other purposes.
Referred to Committee on Veterans Affairs.

SB 235. By Senator Hodges of the 26th:
A bill to be entitled an act to amend the act with reference to county commissioners of Butts county so as to provide that two members of the Board of Commissioners shall constitute a quorum for the transaction of all business; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 241. By Senator Stone of the 15th:
A bill to be entitled an act to amend an act approved March 8, 1945, making comprehensive provision for an integrated Veterans Service for Georgia, creating a State Department of Veterans Service, etc., by providing compensation for actual traveling expenses incurred by members of the State Board of Veterans Service, etc.; and for other purposes.
Referred to Committee on Veterans Affairs.

SB 244. By Senator Stone of the 15th:
A bill to be entitled an act to amend Section 92-3109 of the Code of Georgia as amended by Section 7 of the act approved December 29, 1937, by providing the manner and time within which veterans of World War II may deduct from gross income the amount of federal net income taxes shown to be due from state income tax returns; and for other purposes.
Referred to Committee on Ways and Means.

SB 247. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal an act approved February 14, 1935, entitled "An act to define the status of the regents of the University System



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of Georgia and of the members of the Board of Regents; and for other purposes.
Referred to Committee on University of Georgia and Its Branches:

SB 249. By Senator Stone of the 15th:
A bill to be entitled an act to amend Section 84-2011 of the Code of Georgia 1933, providing that veterans holding a certificate of exemption may own and operate rolling stores without payment of licenses; and for other purposes.
Referred to Committee on Ways and Means.

SB 250. By Senator Millican of the 52nd:
A bill to be entitled an act to provide for a county manager form of government for Fulton county; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 25 I. By Senator Millican of the 52nd:
A bill to be entitled an act authorizing the Board of Commissioners of Roads and Revenues for Fulton county to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 258. By Senator Millican of the 52nd:
A bill to be entitled an act for the abatement of all income taxes for members of the armed forces upon death to include any of the other United Nations; and for other purposes.
Referred to Committee on Ways and Means.

SB 261. By Senator Bentley of the 26th:
A bill to be entitled an act incorporating the City of Silvertown, in Upson county, Georgia, by decreasing or diminishing the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 266. By Senator Slaughter of the 5th:
A bill to be entitled an act amending the charter of the City of Athens, Georgia, so as to make the mayor the chief executor officer thereof ; and for other purposes.



FRIDAY, JANUARY 18, 1946

193

Referred to Committee on Municipal Government.

SB 268. By Senator Edenfield of the 2nd:
A bill to be entitled an act to amend the charter of the City of Darien to provide for the closing of certain streets and squares for sale; and for other purposes.
Referred to Committee on Municipal Government.

SB 269. By Senator Harrell of the 7th:
A bill to be entitled an act to amend the charter of the City of Thomasville by extending the city limits; and for other purposes.
Referred to Committee on Municipal Government.

SR 58. By Senator Stone of the 15th: A resolution proposing an amendment to Par. IV, Sec. I, Art. VII, of the Constitution of 1877 as amended in 1945 to provide an exemption from all taxation any and all property owned by any recognized veterans organization that is chartered by act of United States Congress; and for other purposes. Referred to Committee on Amendments to Constitution No. 1.
The following report from the Committee on Rules was read and adopted: Mr..Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar of business for today's session, have established as special and continuing order of business following the present calendar of bills and resolu.tions:
HB 359. Airport zoning. HB 655. Age of Nurses. HR 166-713A. Committee to survey public school systems. HB 727. Relating to local bills. HB 730. Bond election. HB 728. Authorizing municipalities to support teachers' retirement. HB 631. Griffin Circuit Court report. HR 162-701A. Homerville Veterans' Home.
HB 662. General bill local application to Troup county. HB 680. General hi!! local application DeKalb county.

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HB 682. General bill local DeKalb county. HB 692. General bill local application Telfair county. HR 160-734A. Sante Domingo State Park. HR 168-721A. Herty Memorial Association. HB 419. Arichtects bill. HB 703. Venue suits against foreign insurance companies. HB 732. Hospital bill. HB 509. Notice to judges and solicitors general. HB 719. Salary director Forestry, Mines and Geology. H B 741. Veterans discharge certificates. HB 749. Condemnation of motor vehicles. HB 724. Record of Commissioners. HB 707. Venue against non-resident trustees. HB 720. Regulation of notice for attorneys fees. HR 159-639A. Authority to reconvey land of James Fowler. HB 702. Destruction of unsold revenue certificates. HB 693. General bill local application Wheeler county. HB 737. Regulation of primaries. HB 714. Roosevelt Memorial. HB 733. Farmers tax refund. HB 709. N ationa! Guard armories. HB 718. Mileage for members of Legislature. HR 95-568C. Reimbursing law department. HB 715. Appropriation for Roosevelt Memorial Commission. H B 717. Convey property Barnesville. HB 731. Jurors pay. HR 150-641A. McQueens Island. The speaker of the House is authorized to call upon for consideration the bills

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195

and resolutions on this calendar on the order in which he sees fit.
Respectfully submitted,
Durden of Dougherty, Vice-Chairman.

Under the special and continuing order of business established by the Committee on Rules, the following bills and resolutions were taken up for consideration, read the third time and placed upon their passage:
HR 166-7l3a. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, Hicks of Floyd, Fortson of Wilkes, Kennon of Cook, Connell of Lowndes, Smith of Emanuel, Ray of Warren, Phillips of Columbia, Lewis of Hancock, and Connerat of Chatham:
A resolution to authorize the education system of the General Assembly to investigate and make recommendations pertaining to the public school system; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 111, the nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 584. By Messrs. Holbrook of Forsyth, Harrison of Habersham, Dorsey of White, and Manous of Cherokee:
A bill to be entitled an act to require all hatcheries, persons, firms or corporations shipping baby chicks to have same tested for pullorum; to require foreign corporations for firms shipping baby chicks .to register with the Commissioner of Agriculture and file a certificate showing their chicles are tested for pullorum; and for other purposes.
The following substitute to H B 584 was read and adopted: Substitute for HB 584:
A bill to be entitled an act to promote the poultry industry in the State of Georgia through programs of breeding improvement and control and eradication of pullorum disease and other contagious and infectious diseases of poultry, through co-operation of the State Department of Agriculture and the Georgia Poultry Improvement Association, Inc. i. to authorize regulations to enforce the provisions of this act; to require reports and statistical records covering intrastate as well as interstate shipments of hatching eggs, baby chicks and poults, started chicks and poults, poultry breeding stock: or birds of any species; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

Section 1. 1. From and after passage of this act, the Georgia Poultry Improvement Association, Inc., shall be recognized and designated as the official state agency for administration of the National Poultry Improvement Plan and the National Turkey Improvement Plan sponsored by the Bureau of Animal Industry, United States Department of Agriculture. Participation in the National Poultry Improvement Plan or the National Turkey Improvement Plan by hatcheries, R. 0. P. breeders, dealers and supply flock owners shall be voluntary and administered and governed by the rules and regulations of the official state agency in conjunction with rules and regulations promulgated by the Bureau of Animal Industry, United States Department of Agriculture.

2. Nothing in this act shall be construed to establish a state plan of identification of hatcheries, dealers or supply flocks except as herein specified. The words "State Approved," "State Tested" or words or phrases of similar implication and meaning shall not be used in advertising or in the sale or in offering for sale of hatching eggs, chicks, poults or breeding stock.

Section 2. 1. Regulations for control and eradication of pullorum disease shall be made in cooperation between the State Department of Agriculture and the official state agency. Requirements for pullorum testing and other sanitary measures shall be stipulated by the chief veterinarian, State Department of Agriculture. In event that state regulations do not exist or apply, the minimum pullorum-control regulations of the official state agency shall be effective.

2. The State Department of Agriculture shall be authorized to quarantine and prohibit the sale or shipment of hatching eggs, chicks, poults, poultry breeding stock or birds of any species to or from any hatchery, dealer, flock, or in any area within the state, or establish special regulations for prevention and spread of pullorum disease or other infectious and contagious diseases of poultry.

3. Appointment of qualified pullorum-testing agents and supervision of their

field work shall be made by the State Department of Agriculture. Only persons who

have demonstrated that they are capable of doing satisfactory testing work shall be

so authorized.



Section 3. 1. Every person, firm or corporation who operates a hatchery, or dealer shall first register and secure a license from the Commissioner of Agriculture. The fee for such license shall be fixed by the Commissioner of Agriculture not to exceed $10.00 per year for each hatchery, dealer or branch. License shall be issued on a fiscal year basis from July 1st to June 30th and shall be conspicuously displayed in each place of business. Cost of license shall not be prorated and licensed purchased after January 1st expire June 30th of the same year. License shall not be transferrable. When any condition is revealed to exist which is not in strict accord with provisions of this act, the license may be revoked or suspended by the Commissioner of Agriculture.

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197

Section 4. l. Hatcheries, dealers or flock owners shall promptly report to the chief veterinarian, State Department of Agriculture, the outbreak of any contagious or infectious disease affecting chicks, poults or breeding stock in their possession or in any flock producing hatching eggs.
2. The premises and equipment of hatcheries and dealers shall be subject to inspection by the State Department of Agriculture and access to any supply flock shall be granted to the inspectors at any reasonable time during the business day to see that minimum requirements of sanitary and disease-control regulations are maintained and enforced.
Section 5. l. Hatching eggs, chicks, poults, poultry breeding stock or birds of any species shall not be shipped into the State of Georgia without first approval of the chief veterinarian, State Department of Agriculture. Shippers shall be subject to investigation by the chief veterinarian or other authorized person, to determine that hatching eggs, chicks, poults or poultry breeding stock have been produced and handled under conditions no less adequate for control of pullorum disease and other contagious and infectious diseases of poultry than those required under Georgia regulations.
2. Hatching eggs, chicks, poults or poultry breeding stock shipped into the State of Georgia shall be, (a) reported by the shipper to the chief veterinarian, State Department of Agriculture, on official health certificates signed by the livestock sanitary official in the state of origin, certifying that such shipment has met requirements equivalent to Georgia regulations for control of pullorum disease and other contagious and infectious diseases of poultry. Duplicate copy of the health certificate shall be attached to the waybill on each shipment. Or, (b) reported to the chief veterinarian, State Department of Agriculture, on official N. P. I. P. forms if produced under a pullorum-control phase of the National Poultry Improvement Plan or the National Turkey l~provement Plan.
Section 6. l. Any person, firm or corporation found in violation of this act shall be found guilty of a misdemeanor. The State Department of Agriculture may confiscate and dispose of all hatching eggs, chicks, poults, poultry breeding stocks or birds of any species that are produced in the state or enter the state not in compliance with this act.
2. This act shall go into immediate force and-effect.
3. Be it further enacted that each and every provision and section of this act
is hereby separately enacted and each part of each section is hereby declared a separate section, or part of section, and the holding of any section, or part thereof, to be unconstitutional or contrary to the laws of the State of Georgia, shall not effect any other section or part of this act; it being the expressed intention of the General Assembly of the State of Georgia in passing this act, that each part, section, or provision hereof shall be given full force and effect independent of any other part, section or provision.
Section 7. All laws or parts of laws in conflict herewith are hereby repealed.

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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 119, the nays 0.

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

The following bill of the House was taken up for the purpose of agreeing to the report of the committee on conference thereto:
HB 367. By Messrs. Williams of Coffee, Barwick of Grady, Hinson of Jeff Davis, and others:
A bill to be entitled an act to amend an act approved March 18, 1937 (Ga. Laws 1937, pp. 167) to provide that all gasoline and kerosene or fuel oil of any kind used to make or produce power in the operation of a farm tractor or other implement or machinery, used exclusively on the farm shall be exempt from all state and gasoline taxes; and for other purposes.
The following report of the committee on conference was read: Mr. Speaker:
Your committee on conference on HB 367 has met and recommend that the House recede from its position and adopt the following amendments proposed by the conference committee:
That the words and figures "50 gallons" in line 1, Section 1, and the same words and figures in ( 1) (d) on Page 2 be changed to the words and figures "25 gallons;" and further that the Senate substitute be amended by striking the word "May" in Section 3 and inserting in lieu thereof the word "March."
Respectfully submitted,
On the Part of the Senate:
Millican of the 52nd, Baggett of the 51st, Greene of the 21st.
On the Part of the House:
Roughton of Washington, Ray of Warren, Smith of Emanuel.
Mr. Roughton of Washington moved that the House adopt the report of the committee on conference.
On the motion to adopt the report of the committee on conference, the ayes were 109, the nays 0, and the report of the committee on conference was adopted.
Under the special and continuing order of business established by the Committee

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199

on Rules the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 693. By Mr. Adams of Wheeler:
A bill to be entitled an act to provide for the disposition of fines and forfeitures in the Superior Court and ordinaries traffic courts in Wheeler county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill, having received the requisite constitutjonal majority, was passed.

HB 631. By Messrs. Culpepper of Fayette, Strickland of Pike, and Arnold and Swint of Spalding:
A bill to be entitled an act to fix the salary of the court reporter in the Griffin 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 113, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 662. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide that the county commiSSioners can assess business license in areas outside of- incorporated towns in Troup county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 680. By Messrs. Hubert, McCurdy and McWhorter of DeKalb:
A bill to be entitled an act to provide in every county in the State of Georgia having a population of not less than 86,000 and not more than 90,000, no person, firm, or corporation shall sell at either wholesale or retail, give away or distribute any fireworks without having secured permit from the Commissioner of Roads and Revenue of such county, or other governing body of said county; and for other purposes.

200

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.

HB 682. By Messrs. Hubert and McWhorter of DeKalb:
A bill to be entitled an act authorizing the installation of photostatic equipment in the office of the clerk of the Superior Court 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 103, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 692. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide for a deputy clerk of the Superior Court of Telfair county and fix 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 111, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 728. By Mr. Durden of Dougherty:
A bill to be entitled an act to authorize cities to levy a tax for paying teachers pensions; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 718. By Mr. Gowen of Glynn:
A hill to be entitled an act to amend the general appropriation act to provide lOc per mile travel expense to members of the General Assembly for attending adjourned session; and for other purposes.
This bill, involving an appropriation, the House was resolved into a committee of the whole House, with the instructions not to read the bill in its entirety, and the speaker appointed Mr. Littlejohn of Floyd as chairman thereof.

FRIDAY, JANUAR 18, 1946

201

The committee of the whole House arose and through its chairman reported HB 718 back to the House with the recommendation that same do pass.

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

This bill, involving an appropriation, the roll was called and the vote was as follows:

Those voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Almand Ansley Arnold Barrett Barwick Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Callaway Campbell Chance Chastain Cheek Claxton Connerat Cowart Crow Dallis DeFoor Dorsey of Cobb Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Fulton Fortson Fowler Freeman Gammage Garrison Gavin Giddens Glisson

Greene Guerry Guyton Hand Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Harrison of Wayne Hatchett Hefner Herndon Herrin Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Holloway Hooks Hubert Hurst Jackson Jennings of Terrell Johm!t Kelley Kenimer Key King Knabb Lam Lancaster Lane Littlejohn Livingston Lovett

McCracken McCurdy McNall McWhorter Mallard Mankin Mann of Henry Mann of Rockdale Mason Massey Matthews of Peach Maund Mitchell Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oliver O'Shea! Overby Parks Pennington Phillips Pittman of Bartow Pittman of Tift Porter Powell Price Ray Ritchie Rossee Roughton Rowland Seagler Seagraves Sears Shields

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Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson

Sumner Thompson Thrash Trotter Watford Weaver Wells of Ben Hill Williams of Appling

Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willoughby Wilson

Those voting in the negative were:

Adamson

Brunson

Parham

Not voting were: Adams, Arnall, Baker, Banks, Bargeron, Battles, Beddingfield, Black, Boynton, Brumby, Burch, Cates, Cheshire, Connell, Crowley, Culpepper, Dorsey of White, Etheridge of Butts, Evitt, Gary, Gaskins, Gibson, Gilbert, Gowen, Greer, Griswell, Hall, Hampton, Hardy of Jackson, Hart, Hicks, Hollis, Jennings, Kendrick, Kennon, Kent, Lewis, Looper, Malone, Manous, Matthews of Paulding, Medders, Miller, l\1oore, Morrison, Mosley, Oakley, Oden, Odom, Pannell, Pettit, Ramey, Riddlespurger, Sapp, Sheffield, Swint, Thornton, Twitty, Underwood, Wells of Lincoln, Whaley, Williams of Gwinnett, Willis, Witherington, and Young.

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

On the passage of the bill, the ayes were 136, the nays 3.

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

HB 655. By Mr. Etheridge of Fulton:

A bill to be entitled an act to amend the act creating a Board of Examiners of Nurses by lowering the age from 21 to 20 years; and for other purposes.

The following substitute was read and adopted:

Substitute for HB 655:

e

A bill to be entitled an act to amend Section 84-1008, relating to the qualifications of applicants for registration as graduate nurses and scope of examination, of Chapter 84-10 of the Co* of 1933, creating the Board of Examiners of Nurses for Georgia, and regulating the practice of nursing, by striking from line 3 of said Section 84-1008 the figures "21" and by substituting in lieu thereof the figures "20"; and providing how said section, when so amended, shall read; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby enacted by authority of the same:

Section I. That Section 84-1008, relating to qualifications of applicants for registration as graduate nurses and scope of examination of Chapter 84-10 of the Code of 1933, creating the Board of Examiners of Nurses for Georgia ,and regulating the practice of nursing be, and the same is hereby amended, by striking from

FRIDAY, JANUARY 18, 1946

203

line 3 the figures "21" and by inserting in lieu thereof the figures "20," so that said Section 84-1008 of Chapter 84-10 of the Code of 1933, when so amended, shall read as follows:
"84-1008. Qualifications of applications for registration as graduate nurses; scope of examination.-Each applicant for registration as a graduate nurse shall be at least 20 years of age, of good moral character, a graduate of a regular chartered training school for nurses, connected with a general hospital or sanatorium (in which medical, surgical, obstetrical, and pediatric cases, and where men, women, and children are treated) where three years of training with a systematic course of instruction on the above-mentioned classes of cases is given in the hospital or other educational institution, or shall have graduated from a training school connected with a hospital of good standing, supplying a three years' training corresponding to the above standard, which training may be obtained in two or more hospitals. All qualifications of the applicant shall be determined by the State Board of Examiners of nurses for Georgia which is empowered to prescribe such examinations for the applicants as will best test their fitness and ability to give efficient care to the sick. All applicants at the same examination shall be subject to the same kind of examination: Provided, that the Board of Examiners shall have the power to grant advanced credit, not in any case in excess of 12 months, for didactic and laboratory work done in an accredited college, or for credits, either time or scholastic, earned m an institution other than the one from which graduated."
Section II: 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 106, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendments to the following bill of the Senate:
SB 39. By Senator Gross of the 31st:
A bill to be entitled an act regulating employment of children; to provide hours for their employment; to define hazardous occupations; to provide penalties for the violation of this act; to repeal Chapter 54-3 of the Code of Georgia of 1933 relating to the regulation of child labor; to repeal conflicting laws; and for other purposes.

204

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mrs. Nevins, the secretary, thereof:
Mr. Speaker:
The Senate has agreed to the report of the conference committee on the following bill of the House:
HB 367. By Messrs. Roughton of Washington, Williams of Coffee, Barwick: of Grady, Hinson of Jeff Davis; and others:
A bill to be entitled an act to amend an act approved March 18, 1937, (Georgia Laws of 1937, pp. 167) to provide that all gasoline and kerosene or fuel oil of any kind used to make or produce power in the operation of a farm tractor or other implement or machinery used exclusively on the farm shall be exempt from all state and gasoline taxes; and for other purposes.

Mr. Willoughby of Clinch county, vice-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 361 HB 464 HB 619 HB 628 HB 635 HB 643 HB 645 HB 654 HB 665 HB 678 HB 670 HB 685 HB 690 HB704
HB 705

FRIDAY, JANUARY 18, 1946

205

Respectfully submitted,
Willoughby of Clinch, Vice-Chairman.

Mr. Willoughby of Clinch county, vice-chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bill and resolutions of the House to wit:
HB 552
HR146
HR 148
HR 161
Respectfully submitted,
Willoughby of Clinch, Vice-Chairman.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bills of the Senate to wit:
SB 244. By Senator Stone of the 15th:
A bill to be entitled an act to amend Section 92-3109 of the Code of Georgia, as amended by Sec. 7 of the act approved December 29, 1937 (Ga. Laws 1937-38, Extraordinary Session, page 150), by providing the manner and time within which veterans of the war commonly referred to as World War II, may deduct from gross income the amount of federal net income taxes shown to be due from state income tax returns; to strike the word "net" as it appears in line 14 and between the words "Federal" and "income"; to strike also the word "net" as appearing in line 15, etc.; and for other purposes.

SB 249. By Senator Stone of the 15th:
A bill to be entitled an act to amend Section 84-2011 of the Code of Ga. 19-33, as amended, by providing that exemptions granted thereunder shall extend to the practice of profession without payment of license for the

206

JOURNAL OF THE HOUSE,

privilege of so doing; by providing that veterans holding a certificate of exemption may own and operate rolling stores without payment of licenses; and for other purposes.

Mr. Durden of Dougherty moved that the House do now adjourn until Monday morning at 10:00 o'clock, the motion prevailed and the speaker announced the House adjourned until Monday morning at 10:00 o'clock.

MONDAY, JANUARY 21, 1946

207

Representative Hall, Atlanta, Georgia, Monday, January 21, 1946.
The House met pursuant to adjournment at 10:00 o'clock, was called to order by the speaker, and opened with scripture reading and prayer by Dr. Fred Smith, of the First Baptist Church of Bremen, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Evitt of Catoosa, chairman of the Committee on Journals, reported that
the journal of Friday's proceedings had been read and found correct. The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consent:
1. Introduction of bills and resolutions.
2. First reading and reference of House bills and resolutions.
3. Report of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Third reading and passage of uncontested local bills and resolutions.
6. First reading and reference of Senate bills.

By unanimous consent the following bills and/or resolutions were introduced, read the first time, and referred to committees:
HB 783. By Mr. Sheffield of Miller:
A bill to be entitled an act to amend the charter of the City of Colquitt to authorize a'n ad valorem tax increase for ordinary expenses; and for other purposes.
Referred to Committee on Municipal Government.

HB 784. By Mr. Lovett of Laurens:
A bill to be entitled an act to place the clerk of the superior court and his deputies and the sheriff of Laurens county and his deputies on a salary instead of a fee basis; and for other purposes.
Referred to Committee on Special Judiciary.

HB 785. By Mr. Mann of Henry:
A bill to be entitled an act to divide Henry county into districts for the election of members of the Board of Commissioners from each district; and for other purposes.

208

JOURNAL OF THE HOUSE,

Referred to Committee on Counties and County Matters.

HB 786. 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 East Point to provide a pension system for city employees; and for other purposes.
Referred to Committee on Municipal Government.

HB 787. By Mr. Etheridge ilnd Mrs. Mankin of Fulton:
A bill to be entitled an act to provide that the sheriff of Fulton county may appoint a chief deputy whose term of office shall not extend beyond the term of the sheriff; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 788. By Mr. Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the civil service act of Fulton county to provide that the secretary and chief deputy of the sheriff will not be classified employee; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 789. By Messrs. McCurdy, McWhorter and Hubert of DeKalb, Bloodworth and Wilson of Bibb, Connerat, McNall and Alexander of Chatham, Harris, Holley and King of Richmond, Weaver of Bibb, Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize the levy of a tax of a stated millage in counties of over 80,000 population without specifying the percentage levied for any stated purpose; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 790. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to authorize the city council to fix the salary of the commissioner of public safety at not less than 5,000 dollars per annum; and for other purposes.
Referred to Committee on Municipal Government.

HB 791. By Messr". Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta by repealing acts approved August 7, 1907 (Ga. Law 1907, pp. 413-414) and approved August 15, 1913 (Georgia Laws, 1913, pp. 604-611); and for other purposes.

MONDAY, JANUARY 21, 1946

209

Referred to Committee on Municipal Government.

HB 792. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to prescribe the time and method of electing members of city council; and for other purposes.
Referred to Committee on Municipal Government.

HB 793. By Messrs. Culpepper of Fayette, Hatchett and Thompson of Meriwether, and Greer of Lanier:
A bill to be entitled an act to amend chapter 32-9 of the code to transfer all powers now vested in local district trustees of schools to the County Board of Education in conformity with the provisions of the new Constitution; and for other purposes.
Referred to Committee on Education No. 2.

HB 794. By Messrs. Holley of Richmond, Brooke of Whitfield, McCurdy of DeKalb, Livingston of Polk, and Wilson of Bibb:
A bill to be entitled an act to authorize counties and municipalities to construct, conduct and supervise recreation systems and to provide for recreation boards or commissions; and for other purposes.
Referred to Committee on State of Republic.

HB 795. By Messrs. Baker and Hicks of Floyd:
A bill to be entitled an act to amend Code Section 27-2504 to provide judges shall sentence prisoners so as to authorize confinement in the penitentiary or other place as the State Board of Corrrections designate; and for other purposes.
Referred to Committee on Penitentiary.
HB 796. By Messrs. Baker .and Hicks of Floyd:
A bill to be entitled an act to amend Code Section 27-2506 to provide that misdemeanor prisoners shall be assigned by the State Board of Corrections; and for other purposes.
Referred to Committee on Penitentiary.
HB 797. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide for parental schools in Fulton county to be operated 24 hours a day for sending delinquent or mentally defected children; and for other purposes.

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JOURNAL OF THE HOUSE,

Referred to Committee on Education No. 1.

HB 798. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide that the secretary of the board of trustees of the Georgia Military College shall give thirty days notice by publication for the election of trustees; and for other purposes.
Referred to Committee on Municipal Government.

HR 179-788a. By Messrs. Weaver of Bibb, and Hatchett and Thompson of Meriweather:
A resolution to provide an amendment to Article 8, Section 5 of the Constitution to substitute county boards of education for loj:al district trustees of school districts; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

HR 182-788b. By Messrs. Harrison of Wayne, and Matthews of Peach:
A resolution proposing an amendment to Article 2, Section 2, P'aragraph J
of the Constitution to provide for 56 senatorial districts instead of 54; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

HR 183-788b. By Messrs. Williams and Hinson of Ware:
A resolution to name a highway leading to a park in the Okefenokee Swamp the "Vereen Bell Highway" in honor of the memory of the author of "Swamp Water"; and for other purposes.
Referred to Committee on P'ublic Highways No. 2.

HR 184-797a. By Mr. Pittman of Tift:

A resolution to appropriate $3,000 to be paid to Mrs. J. H. Glover for the

death of her husband caused by a State Highway truck colliding with his

car; and for other purposes.



Referred to Committee on Special Appropriations.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
:\1 r. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bills of the Senate to wit:

MONDAY, JANUARY 21, 1946

211

SB 271. By Senators Norton of the 33rd, Nix of the 32nd and Chastain of the 41st:

A bill to be entitled an act to promote the poultry industry in Georgia through programs of breeding improvement and control and eradication of pullorum disease, etc., through cooperation of State Department of Agriculture and Georgia Poultry Improvement Association, Inc., etc.; and for other purposes.

SB 262. By Senator Grayson of the lst: A bill to be entitled an act to revise and amend the laws of Georgia in reference to the granting of divorce and alimony, the grounds thereof and the procedure incident to pleadings, verdicts and judgments therein, and to provide trials by the court and jury trials; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 272. By Senators Stone of the 15th, Gould of the 4th and Welsch of the 39th: A bill to be entitled an act to allow persons in the armed services of the United States to deduct up to $1,500 of compensation for such services from gross income in income tax return; to exempt such persons from payment of penalties for failure to file income tax returns; to extend time for such persons to file income tax returns, etc.; and for other purposes.

Mr. Arnold of Spalding county, chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HB 625. Do Pass
Respectfully submitted,
Arnold of Spalding, Chairman.

Mr. Sills of Candler county, chairman of the Committee on Counties and County Matters, submitted the following report:
Your Commtitee on Counties and County Matters have had under consideration the following bill of the House and have instructed me as chairman, to report the

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JOURNAL OF THE HOUSE,

same back to the House with the following recommendation:

HB 777. Do Pass

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Kenimer of Harris county, vice-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 vice-chairman, to report the same back to the House with the following recommendation:
HB 766. Do Pass
Respectfully submitted,
Kenimer of Harris, Vice-Chairman.

Mr. Bloodworth of Bibb 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 261. Do Pass HB 716. Do Pass SB 268. Do Pass SB 266. Do Pass HB 774. Do Pass SB 269. Do Pass

Bloodworth of Bibb, Chairman.
Mr. Knabb of Charlton county, chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker:

MONDAY, JANUARY 21, 1946

213

Your Committee on Privileges and Elections have had under consideration the following bill of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SB 142. Do Pass
Respectfully submitted,
Knabb of Charlton, Chairman.

Mr. J. H. Ennis of Baldwin county, chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following resolutions of the House and have instructed me as chairman, to report the same back to the House with the following recommendations:
HR 157-680b. Do Pass
HR 177. Do Pass
Respectfully submitted,
J. H. Ennis of Baldwin,
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 222. Do Pass
HB 772. Do Pass
HB 776. Do Pass
Respectfully submitted,
Hicks of Floyd, Chairman.

Mr. Lewis of Hancock county, chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. Speaker:

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JOURNAL OF THE HOUSE,

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 769. Do Pass
H B 770. Do Pass
Respectfully submitted,

Lawis of Hancock, Chairman.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 267. By Senator Causey of the 46th: A bill to be entitled an act to amend Section 59-106 of the Code of 1933 entitled, "Revision of jury lists. Selection of grand and traverse jurors," by striking from line 5 the words "books of the tax receiver" and by adding in lieu thereof the words "resident citizen," to show how said section when so amended shall read ; and for other purposes.

By unanimous consent the following bills and/ or resolutions of the House and Senate were favorably reported and read the second time:
HB 625. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act creating common trust funds to increase the amount of common trust funds from $25,000 to $50,000; and for other purposes.

HB 716. By Mr. Banks of Lamar:
A bill to be entitled an act to appropriate $200,000 annually to the Franklin D. Roosevelt Warm Springs Memorial Commission; and for other purposes.

HB 769. By Messrs. Bloodworth and Wilson of Bibb and Bloodworth of Houston:
A bill to be entitled an act to amend Code Section 27-2912 by providing a limitation of seven years in which prior officers of a county may collect their cost from fines and forfeitures; and for other purposes.

HB 770. By Mr. Gilbert of Glynn:

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215

A bill to be entitled an act to fix the compensation of bailiffs and jurors, and not to exceed $5 per day; and for other purposes.

HB 772. By Mr. Gowen of Glynn:
A bill to be entitled an act to provide for the procedure and jurisdiction in divorce and alimony cases; and for other purposes.

HB 774. By Mr. Burch of Dodge:
A bill to be entitled an act to provide that all script or warrants for expenses of the Superior Court of Dodge county and the City Court of Eastman shall be drawn by the clerk of the court on the county treasurer; and for other purposes.

HB 766. By Mr. Hubert of DeKalb:
A bill to be entitled an act to confer jurisdiction on justices of the peace in actions in trover and bail trover when the amount involved does not exceed $200; and for other purposes.

HB 777. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton:
A bill to be entitled an act to provide that the county commissioners of Fulton county shall fix the salaries of the clerk of Superior Court, sheriff, ordinary, tax collector and tax receiver; and for other purposes.

HR 157-680a. By Messrs. Hardy and Lancaster of Hall:
A resolution authorizing the budget bureau to pay H. E. Terrell, Jr., $4,404.75 as reimbursement for hospital and medical bills incurred as a result of injuries while instructor at the University of Georgia Aviation School; and for other purposes.

HR 177-782a. By Mr. Bloodworth of Houston:
A resolution to appropriate funds to pay Mrs. Lillian Andrews, Mrs. Robert Sparks, Robert Sparks and Bruce Sparks the amount of medical and hospital expense incurred as a result of a collision with a State Highway patrol car; and for other purposes.

SB 142. By Senators Causey of the 46th and Harrell of the 7th:
A bill to be entitled an act to repeal Code Sections 34-1401, 34-1402, 34-1403 and paragraph 7 of Section 40-601 and to reenact a new paragraph 7 of Section 40-601 providing the Secretary of State shall furnish ballots, forms and tally sheets to the ordinaries; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 222. By Senator Gross of the 31st:
A bill to be entitled an act to repeal Section 24-3508 of the Code of Georgia, 1933, relating to shorthand writers in the Court of Appeals, by designating another title; by fixing the salaries thereof; and for other purposes.

SB 261. By Senator Bentley of the 26th:
A bill to be entitled an act incorporating the City of Silvertown, in Upson county, Georgia, by decreasing or diminishing the corporate limits; and for other purposes.

SB 266. By Senator Slaughter of the 5th:
A bill to be entitled an act amending the charter of the City of Athens, Georgia, so as to make the mayor the chief executor officer thereof; and for other purposes.

SB 268. By Senator Edenfield of the 2nd:
A bill to be entitled an act to amend the charter of the City of Darien to provide for the closing of certain streets and squares for sale; and for other purposes.

SB 269. By Senator Harrell of the 7th:
A bill to be entitled an act to amend the charter of the City of Thomasville by extending the city limits; 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 726. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to create a Ware County Hospital Board to operate the Ware County 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 103, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 729. By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the City of Saint Mary's by extending the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, JANUARY 21, 1946

217

On the passage of the bill, the ayes were 104, the nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 735. By Mr. Seagraves of Madison:
A bill to be entitled an act to create the charter for the City of Ila, 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 105, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 742. By Messrs. McWhorter, McCurdy and Hubert of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur relative to the police court and giving the city commissioners the right to establish a recorder's court and name a reporter; and for other purposes.
The report 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 743. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur to provide an assessment of property on each side of the street for the construction of sewers; and for other purposes.
The report 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 744. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur to authorize the city to pay pensions to officers and employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 753. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to repeal an act approved March 9, 1945, to authorize the commissioners of Richmond county to levy and assess occupation taxes and license fees in the county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 756. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the commissioner of Bibb county to establish a pension and I or insurance provisions for the county employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 761. By Mr. Jennings of Terrell:
A bill to be entitled an act to amend the charter of the City of Dalton to provide for zoning and planning ordinances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 239. By Senator Gross of the 31st:
A bill to be entitled an act to fix the salary of the judge and solicitor general of the City Court of Stephens county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 248. By Senator Caldwell of the 37th: A bill to be entitled an act to amend the charter of the City of LaGrange

MONDAY, JANUARY 21, 1946

219

by providing a new tax rate for educational purposes; and for other purposes.
The report 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 263. By Senator Slaughter of the 50th:
A bill to be entitled an act to give the Board of Education of Athens the right of eminent domain to acquire school property; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bills of the Senate were introduced, read the first time and referred to committees:
SB 262. By Senator Grayson of the 1st:
A bill to be entitled an act to revise the divorce laws of the state to provide for trials with. or without a jury; and for other purposes.
Referred to Committee on General Judiciary No. 2.

SB 267. By Senator Causey of the 46th:
A bill to be entitled an act to amend Section 59-106 of the Code of Georgia to provide that grand and traverse jurors shall be selected from resident citizens instead of from books of the tax receiver; and for other purposes.
Referred to Committee on Special Judiciary.

SB 271. By Senators Norton of the 33rd, Nix of the 32nd, and Chastain of the 41st:
A bill to be entitled an act to promote the poultry industry and require reports and records covering intrastate and interstate shipments of hatching eggs; and for other purposes.
Referred to Committee on General Agriculture No. 2.

SB 272. By Senators Stone of the 15th, Gould of the 4th and Welsch of the 39th: A bill to be entitled an act to allow persons in the armed forces to deduct

220

JOURNAL OF THE HOUSE,

up to $1,500 from gross income in income tax returns; and for other purposes.
Referred to Committee on Ways and Means.

The following resolution was read and adopted:
HR 180. By Messrs. Harris of Richmond, Ray of Warren, Smith of Emanuel and others:
A resolution commending the senators and congressmen from Georgia for their stand in opposing the Fair Employment Practice Committee continuance in the national Congress.

The speaker presented to the House the Hon. Wright Bryan, editor of The Atlanta Journal, who briefly addressed the House.
The .speaker presented to the House the Hon. Alfred Jones of Brunswick, a member of the State Port Authority.

Mr. Wilson of Bibb asked unanimous consent that the following bill of the House be withdrawn from further consideration:
HB 695. By Messrs. Wilson, Weaver and Bloodworth of Bibb, and Bloodworth of Houston:
A bill to be entitled an act to require premarital examination for venereal disease of each applicant for a marriage license; and for other purposes.
The unanimous consent request was granted.
The following resolution was read and adopted:

HR 181. By Mr. Harris of Richmond:
A RESOLUTION
BE IT RESOLVED by the House, the Senate concurring, that the General Assembly convene in joint session at eleven o'clock a. m. on Tuesday, January 22nd, in the Hall of the House of Representatives for the purpose of hearing a speech by the Honorable Knox Gholston of Comer, Ga., a member of the State Highway Board, who has accepted the invitation heretofore extended by the General Assembly in joint resolution.
BE IT FURTHER RESOLVED 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 escort the distinguished visitor to the Hall of the House of Representatives.
The speaker appointed as a committee on the part of the House to escort the distinguished visitor to the hall the following: Messrs. Seagraves of Madison, Wilson of Bibb and Cates of Burke:

MONDAY, JANUARY 21, 1946

221

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

This bill involving an appropriation, a roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adamson Alexander of Chatham Almand Arnall Baker Banks Bargeron Barrett Barwick Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brooke Brunson Burch Campbell Chance Chastain Claxton Connell Connerat Cowart Crow Crowley DeFoor Dorsey of White Dupree Durden Dykes Ennis, J. H. Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage

Garrison Gary Gaskins Gavin Gibson Giddens Gilbert Greene Greer Guerry Guyton Hall Hampton Harden Hardy of Jackson Harrison of Jenkins Harrison of Wayne Hatchett Hefner Herndon Hicks Hill Hinson of Ware Hogg Holleman Holley Hooks Hubert Hurst Jennings of Terrell Kendrick Kenimer Kennon Kent King Knabb Lam Lancaster Lewis Livingston

Lovett McCurdy McNall McWhorter Malone Mankin Mann of Henry Manous Matthews of Paulding Matthews of Peach Maund Medders Mitchell Moore Mosley Moye of Randolph Mullinax Murphy Nicholson Oakley Oden O'Shea! Overby Pannell Phillips Pittman of Bartow Pittman of Tift Powell Price Ray Ritchie Rossee Roughton Rowland Sapp Seagraves Sears Sheffield Shields Sills

222

JOURNAL OF THE HOUSE,

Mason Massey Matthews of Paulding Matthews of Peach Maund Medders Mitchell Moore Mosley Moye of Randolph Mullinax Murphy Nicholson Oakley Oden O'Shea! Overby Pannell Parham Phillips

Pittman of Bartow Pittman of Tift Powell Price Ramey Ray Ritchie Rossee Roughton Rowland Sapp Seagraves Sears Sheffield Shields Sills Smith of Emanuel Smith of Oglethorpe Strickland of Pike Strickland of Upson

Sumner Swint Thompson Thornton Thrash Trotter Weaver Wells of Ben Hill Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson \Vitherington

Not voting were: Adams, Alexander of Carroll, Ansley, Arnold, Black, Brumby, Callaway, Cheek, Cheshire, Connerat, Dorsey of Cobb, ]. H. Ennis, Marion Ennis, Glisson, Gowen, Griswell, Guyton, Hampton, Hand, Hardy of Hall, Hart, Herrin, Hinson of Jeff Davis, Hollis, Jennings of Sumter, Johns, Lane, Littlejohn, McCracken, Mallard, Mankin, Mann of Rockdale, Miller, Morrison, Moye of Brooks, Odom, Oliver, Parks, Pennington, Pettit, Porter, Riddlespurger, Seagler, Smiley, Smith of Bryan, Sparks, Twitty, Underwood, Watford, Wells of Lincoln, Williams of Gwinnett, and Young.

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

On the passage of the bill, the ayes were 154, the nays 0.

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

HB 715. By Messrs. Thompson and Hatchett of Meriwether, Kenimer of Harris, Smith of Emanuel, and Ray of Warren:
A bill to be entitled an act to appropriate $200,000 annually to the Franklin D. Roosevelt Warm Springs Memorial Commission; and for other purposes.
This bill involving an appropriation, the House was resolved into a committee of the whole House, with instructions not to read the bill in its entirety, and the speaker designated Mr. Swint of Spalding of chairman thereof:
The committee of the whole House arose and through its chairman reported the bill back to the House with the recommendation that same do pass.

MONDAY, JANUARY 21, 1946

223

Under the special and continuing order of business established by the Committee on Rules, the following bills and resolutions were taken up for consideration, read the third time and placed upon their passage:

HB 714. By Messrs. Thompson and Hatchett of Meriwether, Kenimer of Harris,
Smith of Emanuel, and Ray of Warren:

A bill to be entitled an act to create the Franklin D. Roosevelt Warm Springs Memorial Commission and provide for membership and terms of office; and for other purposes.

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

On the passage of the bill, the roll was called and the vote was as follows:

Those voting in the affirmative were:

Adamson Alexander of Chatham Almand Ansley Arnall Arnold Baker Banks Bargeron Barrett Barwick Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Brunson Burch Campbell Cates Chance Chastain Claxton Connell Cowart Crow Crowley Culpepper Dallis

DeFoor Dorsey of White Dupree Durden Dykes Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Garrison Gary Gaskins Gavin Gibson Giddens Gilbert Greene Greer Guerry Hall Harden Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hatchett Hefner Herndon Hicks

Hill Hinson of Ware Hogg Holbrook Holleman Holley Holloway Hooks Hubert Hurst Jackson Jennings of Terrell Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lewis Livingston Looper Lovett McCurdy McNall McWhorter Malone Mann of Henry Manous

224

JOURNAL OF THE HOUSE,

Smith of Emanuel Smith of Oglethorps Strickland of Pike Strickland of Upson Sumner Swint Thompson

Thornton Thrash Trotter Weaver Wells of Ben Hill Whaley Williams of Appling

Williams of Coffee Williams of Jones Williams of Toombs Willoughby Wilson Witherington

Not voting were Adams, Alexander of Carroll, Ansley, Arnold, Black, Brock, Brumby, Callaway, Cates, Cheek, Cheshire, Culpepper, Dallis, Dorsey of Cobb, Marion Ennis, Glisson, Gowen, Griswell, Hand, Hardy of Hall, Harrison of Screven, Hart, Herrin, Hinson of Jeff Davis, Holbrook, Hollis, Holloway, Jackson, Jennings of Sumter, Johns, Kelley, Key, Lane, Littlejohn, Looper, McCracken, Mallard, Mann of Rockdale, Mason, Massey, Miller, Morrison, Moye of Brooks, Odom, Oliver, Parham, Parks, Pennington, Pettit, P'orter, Ramey, Riddlespurger, Seagler, Smiley, Smith of Bryan, Sparks, Twitty, Underwood, Watford, Wells of Lincoln, Williams of Gwinnett, Williams of Ware, Willis, and Young.

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

On the passage of the bill, the ayes were 140, the nays 0.

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

HR 159-699a. By Mr. Hall of Treutlen:
A resolution directing the governor to reconvey to James Fowler certain land in Treutlen county; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, the nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 733. By Mr. Roughton of Washington:
A bill to be entitled an act to amend the general appropnatton act to pay refunds under the farmers gasoline tax refund act; and for other purposes.
The following amendment was read and adopted:
Mr. Roughton of Washington moved to amend HB 733 as follows:
Section 1, line ten ( 10) by striking "Farmer" and substituting therefor the word "Farm Tractor," also line 24 to strike the word "Farmer" and substitute the words "Farm Tractor" and further to amend the caption of the bill by striking the word "Farmer" and inserting the word "Farm Tractor."
This bill involving an appropriation, the House was resolved into a committee

MONDAY, JANUARY 21, 1946

225

of the whole House with instructions not to read the bill in its entirety, and the speaker appointed Mr. Thompson of Meriwether as chairman thereof.

The committee of the whole House arose and through its chairman reported the bill back to the House with the recommendation that the same do pass.

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

The bill, involving an appropriation, the roll was called and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander of Chatham Almand Ansl~y Arnall Arnold Banks Bargeron Barrett Barwick: Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Britton Brooke Brunson Burch Campbell Cates Chance Cheshire Claxton Connell Conner at Cowart Crow Crowley Culpepper Dallis DeFoor Dorsey of White Dupree Du.rden Dykes

Etheridge of Butts Etheridge of Fulton Fortson Fowler Freeman Gammage Garrison Gary Gaskins Gavin Gibson Giddens Greene Greer Guerry Guyton Hall Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman

Holley Holloway Hooks Hurst Jackson Jennings of Terrell Kelley Kendrick Kenimer Kennon Kent Key Lam Lancaster Lewis Livingston Looper Lovett McCurdy Mallard Malone Mann of Rockdale Manous Matthews of Paulding Matthews of Peach Maund Medders Mitchell Moore Morrison Mosley Moye of Randolph Mullinax Murphy Nicholson

226

JOURNAL OF THE HOUSE,

Oakley Odom O'Shea! Overby Pannell Parham Pennington Phillips Pittman of Bartow Pittman of Tift Powell Ramey Ray Rossee Roughton

Rowland Sapp Seagraves Sears Sheffield Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Strickland of Pike Strickland of Upson Sumner Swint Thompson

Thornton Trotter Twitty Watford Weaver Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Wilson Witherington

Those not voting were: Adamson, Alexander of Carroll, Baker, Black, Boynton, Brock, Brumby, Callaway, Chastain, Cheek, Dorsey of Cobb, J. H. Ennis, Marion Ennis, Evitt, Gilbert, Glisson, Gowen, Griswell, Hampton, Hand, Hollis, Hubert, Jennings of Sumter, Johns, King, Knabb, Lane, Littlejohn, McCracken, MeN all, McWhorter, Mankin, Mann of Henry, Mason, Massey, Miller, Moye of Brooks, Oden, Oliver, Parks, Pettit, Porter, Price, Riddlespurger, Ritchie, Seagler, Shields, Sparks, Thrash, Underwood, Wells of Ben Hill, Williams of Gwinnett, Willis, Willoughby and Young.

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

On the passage of the bill, the ayes were 150, the nays 0.

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

Mr. Roughton of Washington asked unanimous consent that HB 733 be immediately transmitted to the Senate and the consent was granted. HB 733 was ordered immediately transmitted to the Senate.

HB 651. By Mr. Campbell of Newton:
A bill to be entitled an act to appropriate $75,000 to match federal funds to eliminate bangs and tuberculosis among animals; and for other purposes.
This bill involving an appropriation, the House was resolved into a committee of the whole House with instructions not to read the bill in its entirety, and the speaker designated Mr. Hefner of Pickens as chairman thereof.
The committee of the whole House arose and through its chairman reported the bill back to the House with the recommendation that same do pass.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, JANUARY 21, 1946

227

This bill involving an appropriation, the roll was called and the vote was as follows:

Those voting in the affirmative were:

Alexander of Carroll Almand Ansley Arnall Arnold Banks Bargeron Barrett Barwick Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Brunson Burch Campbell Chance Chastain Cheshire Claxton Connell Connerat Crow Culpepper Dallis DeFoor Dorsey of White Dupree Durden Ennis, Marion Etheridge of Fulton Evitt Fortson Gammage Garrison Gary Gaskins Gavin Gibson Giddens

Gilbert Greene Greer Guerry Guyton Hall Hampton Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hogg Holbrook Holleman Holley Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lewis Looper

Lovett McWhorter Mallard Malone Mann of Rockdale l\1anous Mason Matthews of Paulding Maund Medders Mitchell Moore Mosley Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Oliver O'Shea! Overby Pannell P'arham Parks Pennington Phillips Pittman of Bartow Pittman of Tift Powell Price Ramey Ray Rossee Roughton Rowland Sapp Seagraves Sears Sheffield Shields Sills Smiley

228

JOURNAL OF THE HOUSE,

Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner

Swint Thompson Thornton Thrash Watford Wells of Lincoln Whaley

Williams of Appling WilliaJils of Coffee Williams of Jones Williams of Toombs Williams of Ware Wilson Witherington

Not voting were: Adams, Adamson, Alexander of Chatham, Baker, Black, Boynton, Brumby, Callaway, Cates, Cheek, Cowart, Crowley, Dorsey of Cobb Dykes, J. H. Ennis, Etheridge of Butts, Fowler, Freeman, Glisson, Gowen, Gri1 well, Hand, Harrison of Wayne, Hinson of Ware, Hollis, Johns, Lane, Littlejohn, Livingston, McCracken, McCurdy, McNall, Mankin, Mann of Henry, Massey, Matthews of Peach, Miller, Morrison, Moye of Brooks, Odom, Pettit, P'orter, Riddlespurger, Ritchie, Seagler, Trotter, Twitty, Underwood, Weaver, Wells of Ben Hill, Williams of Gwinnett, Willis, Willoughby, and Young.

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

On the passage of the bill, the ayes were 151, the nays 0.

The bill, having received the rejquire constitutional majority, was passed.

HB 731. By Messrs. Maund of Tolbert, Young of Muscogee, and Fortson of Wilkes:
A bill to be entitled an act to amend Code Section 89-120 to provide coun bailiffs and jurors pay shall be not less than $2.00 nor to exceed $6.00 per day; and for other purposes.
The report 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 5.
The bill, having received the rejquire constitutional majority, was passed.

HB 709. By Messrs. Alexander, Connerat and McNall of Chatham, Fortson of Wilkes, Williams of Ware, Connell of Lowndes, Banks of Lamar, and Smiley of Liberty:
A bill to be entitled an act to appropriate $500,000 to match federal funds for the construction of armories for the Georgia National Guards; and for other purposes.
This bill involving an appropriation, the House was resolved into a committee of the whole House, with instructions not to read the bill in its entirety, and the speaker designated Mr. Arnold of Spalding as chairman thereof.
The committee of the whole House arose and through its chairman reported the bill back to the House with the recommendation that same do pass.

MONDAY. JANUARY 21, 1946

229

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

This bill involving an appropriation, the roll was called and the vote was as follows:

Those voting in the affirmative were:

Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall Arnold Baker Banks Bargeron Barrett Barwick Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Brunson Burch Campbell Cates Chance Chastain Cheshire Claxton Connell Connerat Cowart Crow Crowley Dallis Dupree Durden Ennis, Marion Etheridge of Butts Etheridg~ of Fulton Evitt Fortson

Freeman Gammage Gary Gavin Gibson Giddens Gilbert Greene Greer Guerry Guyton Hampton Harden Harrison of Screven Harrison of Wayne Hart Hatchett Herndon Herrin Hicks Hill Hinson of J e:ff Davis Hinson of Ware Hogg Holbrook Holleman Hooks Hurst Jackson Jennings of Terrell Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster

Lewis Littlejohn Livingson Looper Lovett McCracken McNall McWhorter Mallard Malone Mankin Mann of Henry Manous Mason Matthews of Peach Medders Mitchell Moore Mosley Moye of Randolph Murphy Nicholson Oakley Odom Oliver O'Shea! Overby Pannell Parham Pettit Phillips Pittman of Bartow Pittman of Tift Price Ramey Ray Ritchie Rossee Sapp Seagler

230

JOURNAL OF THE HOUSE,

Sears Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Strickland of Pike Strickland of Upson

Sumner Swint Thompson Thornton Thrash Trotter Watford Weaver Wells of Ben Hill Wells of Lincoln

Whaley Williams of Appling Williams of Coffee Williams of Jones . Williams of Toombs Williams of Ware Willoughby Wilson Witherington

Those voting in the negative were:

Garrison

Holloway

Seagraves

Not voting were: Adams, Black, Boynton, Brumby, Callaway, Cheek, Culpepper, DeFoor, Dorsey of Cobb, Dorsey of White, Dykes, J. H. Ennis, Fowler, Gaskins, Glisson, Gowen, Griswell, Hall, Hand, Hardy of Hall, Hardy of Jackson, Harrison of Jenkins, Hefner, Holley, Hollis, Hubert, Jennings of Sumter, Johns, Lane, McCurdy, Mann of Rockdale,. Massey, Matthews of Paulding, Maund, Miller, Morrison, Moye of Brooks, Mullinax, Oden, Parks, Pennington, Porter, Powell, Riddlespurger, Roughton, Rowland, Sparks, Twitty, Underwood, Williams of Gwinnett, Willis, and Young.

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

On the passage of the bill, the ayes were 148, the nays 3.

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

HR 169-734a. By Messrs. Cheshire of Colquitt, and Connell of Lowndes:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of this state to be known as Article 17, and providing for the creation of a State Board of Public Welfare; defining the authority and duties of said board; providing for the appointment and term of office of said members; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the Constitution of this state be ,and the same is hereby amended by adding thereto a new article to be known as Article 17, the same reading as follows:
"Article 17. There is hereby created a State Board of Public Welfare consisting of twelve members who shall be appointed by the governor. One member shall be appointed from each congressional district and two from the state at large. The State Board of Public Welfare shall have the authority and responsibility as now exists under the laws of this state. The State Board of Public Welfare shall elect a

MONDAY, JANUARY 21, 1946

231

director whose term of office, compensation, duties and responsibilities shall remain as now fixed by law. The first three members of the board shall be appointed for four years, the second three for five years, the third three for six years, the fourth three for seven years. All subsequent appointments shall be for a period of seven years, except unexpired terms to be designated by the governor."
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 yeas and nays taken thereon, and shall be published and submitted to the people for ratification or rejection at the next general election, at which election members of the General Assembly are chosen.
Section 3. To repeal all laws or parts of laws in conflict herewith.
The following amendments were read and adopted:
Mr. Bloodworth of Bibb moved to amend HR 169 by adding after the word "state" in the 6th line of Section I the following words "or which may be hereafter enacted and prescribed by law."
Mr. Cheshire of Colquitt moved to amend HR 169-734a as follows:
Section I, line 8, by adding after the word "responsibility" the words '"of the State Board of Social Security."

Mr. Durden of Dougherty moved that the House adjourn until 2:00 o'clock, the motion prevailed and the speaker announced the House adjourned until 2 :00 o'clock p. m., and HR 169-734a was carried over as unfinished business.

2:00 p. m.
The speaker called the House to order.
Mr. Fortson of Wilkes arose on the point of personal privilege and addressed the House.
Under the fpecial and continuing order of business established by the Rules Committee the fo!lowing bills and resolutions were again taken up for consideration, read the third time and placed upon their passage: .

HR 169-734a was again taken up for consideration.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended:
Mr. Culpepper of Fayette asked unanimous consent that he be excused from voting on this resolution, and the consent was granted.
This resolution being an amendment to the Constitution, the roll was called and the vote was as follows:

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Those voting in the affirmative were:

Adamson Alexander of Carroll Almand Ansley Arnall Arnold Baker Bargeron Barrett Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Brunson Burch Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Conner at Cowart Crow Crowley Dallis Dorsey of White Dupree Durden Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Freeman Gammage Garrison Gary Gaskins

Gavin Giddens Gilbert Gowen Greene Guerry Guyton Hall Hampton Harden Hardy of Hall Harrison of Screven Hatchett Hefner Herndon Hicks Hinson of Jeff Davis Hinson of Ware Hogg Holleman .Holley Hubert Hurst Jackson Kelley Kendrick Kent Key King Knabb Lam Lewis Littlejohn Livingston McCurdy McWhorter Mallard Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Peach Maund Medders

Mitchell Moore Mosley Moye of Randolph Mullinax Murphy Nicholson Overby Pannell Parham Parks Pennington Pettit Pittman of Tift Ramey Ray Ritchie Rossee Roughton Sapp Seagler Sears Sheffield Sills Smiley Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Swint Thompson Thornton Thrash Trotter Watford Weaver Wells of Ben Hill Whaley Williams of Coffee Williams of Jones Williams of Toombs Williams. of Ware Willis Wilson Witherington

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233

Not voting were: Adams, Alexander of Chatham, Banks, Barwick, Boynton, Brumby, Culpepper, DeFoor, Dorsey of Cobb, Dykes, J. H. Ennis, Fowler, Gibson, Glisson, Greer, Griswell, Hand, Hardy of Jackson, Harrison of Jenkins, Harrison of Wayne, Hart, Herrin, Hill, Holbrook, Hollis, Holloway, Hooks, Jennings of Sumter, Jennings of Terrell, Johns, Kenimer, Kennon, Lancaster, Lane, Looper, Lovett, McCracken, MeN all, Malone, Matthews of Paulding, Miller, Morrison, Moye of Brooks, Oakley, Oden, Odom, Oliver, O'Shea!, Phillips, Pittman of Bartow, Porter, Powell, Price, Riddlespurger, Rowland, Seagraves, Shields, Smith of Bryan, Strickland of Upson, Sumner, Twitty, Underwood, Wells of Lincoln, Williams of Appling, Williams of Gwinnett, Willoughby, and Young.

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, as amended, the ayes were 137, the nays 0.
The resolution having received the requisite constitutional two-thirds majority, was adopted.

HB 732. By Messrs. Strickland and Freeman of Upson, Gowen of Glynn, Smith of Emanuel, and Looper of Dawson:
A bill to be entitled an act to authorize the State Board of Health to license hospitals and make rules and regulations governing the facilities and operations of hospitals; and for other purposes.
The following amendment was read and adopted:
Messrs. Weaver of Bibb, Harris of Richmond, and Strickland and Freeman of Upson moved to amend HB 732 as follows:
. 1. By adding at the end of Section 1 the following words: "Provided, nevertheless, the rules, regulations and classifications herein provided for shall not become effective until the assent and approval of said Hospital Advisory Committee is first had and obtained."
2. By striking Section 2 and inserting in lieu thereof a new section which shall read as follows:
"Section 2. There shall be established a Hospital Advisory Committee to act in conjunction with the State Board of Health on the policies and rules and regulations necessary for carrying out the purposes of this act. The membership of the Hospital Committee shall consist of one hospital administrator appointed by the Georgia Hospital association, nine members appointed by the Medical Association of Georgia or its Board of Councillors, one member appointed by the Georgia Nursing Association, one member appointed by the Georgia Dental Association, one lay member with broad civic interests appointed by the governor, the director of the State Department of Health, the director of Public Welfare, the attorney general and the state auditor. If any of the above associations fails or ceases to function, the governor shall appoint representatives from these groups. When the first appointments are made the terms of the appointees of the Georgia Hospital Association, the

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Medical Association of Georgia, the Georgia Nursing Association and the Georgia Dental Association, ~nd the lay member appointed by the governor shall be for three years. The terms of the ex-officio members shall expire with their terms of office and their successors in office shall succeed them as members of said committee. Vacancies in the membership of said committee shall be filled in the same manner as the original appointments.
"The committee shall elect its own chairman.
"The Hospital Committee shall meet at the call of the chairman or at the request of five of its members. No meeting shall be called without timely written notice being given the members, either by mail or wire of the date set for the meeting. Seven members of the committee shall constitute a quorum for the transaction of any and all business. All members shall be paid all expenses of any and all business. All members shall be paid all expenses incurred in carrying out the functions and duties of the committee, and a! members except those employed by the State of Georgia shall receive $10.00 per day for each day they are engaged in their duties as committeemen. The per diem and expenses above contemplated shall be paid from the appropriations made and to be made for the State Department of Public Health, or from such other funds as the chairman of the Budget Commission shall direct."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 112, the nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 749. By Messrs. Bloodworth, Wilson and Weaver of Bibb:
A bill to be entitled an act to prescribe the method of condemning vehicles and conveyances used to transport or conceal illegal liquor; and for other purposes.
The following substitute was read and adopted:
A bill to be entitled an act to amend Section 58-207 of the Code of 1933 of this state relating to the seizure and condemnation of vehicles and conveyances and boats and vessels in use in this state in violation of the liquor laws of the state so as to provide new circumstances and conditions under which such vehicles and conveyances may be seized and condemned and such boats and vessels may be seized and condemned; to provide also for the nature of such condemnation proceedings in the courts of the state; to provide for notice to all persons who abscond or conceal themselves so as to make it impossible to deliver to them actual notice of such proceedings; to prescribe conditions of defense or. claim by the owner, lessee, or holder of any lien upon any vehicle, conveyance, or boat, vessel, seized for the purpose of condemnation; to provide for the giving of bond by the owner or claimant or lien holder of or upon all such vehicles, conveyances, boats, or vessels,

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so seized; to provide for settlement of the cases without trial where any such vehicle, conveyance, boat or vessel, is seized and proceeded against for purpose of condemnation; and for other purposes.
Section I. 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, Section 58-207 of the Code of 1933 of this state, which section relates to the condemnation of vehicles, conveyances and boats and vessels used in violating the liquor laws of the state, be and the same is hereby amended by striking from the said section as now appearing in the code, the following language beginning on the twelfth line of the section of the code hereinbefore referred to, as the same is printed in the official code of the year 1933 of this state: "All vehicles and conveyances of every kind and description which are used on any of the public roads or private ways and all boats and vessels. of every kind and description which are used in any of the waters of this state in conveying any liquors or beverages, the sale or possession of which is prohibited by law, shall be seized by any sheriff or other arresting officer who shall report the same, within 10 days after said seizure, to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be within 10 days from the time he receives said notice to institute condemnation proceedings in said court by petition." And by substituting in lieu thereof the following words and language: "All vehicles and conveyances of every kind and description in this state, and all boats and vessels of every kind and description in any of the waters of this state, which are used in conveying, removing, concealing or storing, any liquors or beverages the transportation, possession or storage of which is in violation of the laws of the state, shall be seized and condemned by the sheriff or other arresting officer who shall report the same, within ten days after said seizure, to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be within ten days from the time he receives said notice to institute condemnation proceedings in said court by petition." And that the said section be further amended by adding thereto, at the end thereof, the following paragraphs:
Paragraph (e) Where the owner or lessee of any property seized for purposes of condemnation shall abscond or conceal himself so that actual notice of the condemnation proceeding cannot be served upon him, he shall be served by publication as is hereinbefore provided in the case ?f an unknown owner or lessee.
Paragraph (f) All proceedings against any vehicle, conveyance, boat or vessel, for the purpose of condemnation shall be proceedings in rem against the property seized, and the property shall be described only in general terms, and it shall be no ground for defense that the person who had said property in possession at the time of its illegal use and seizure had not been convicted of such violation.
Paragraph (g) Any party at interest may appear, by answer under oath, and make defense; the owner or lessee shall be permitted to defend by showing that the property seized, if used illegally by another, this was done without the knowledge, connivance or consent, express or implied, of such owner or lessee, and by showing also that the property seized, if a motor vehicle, was legally registered with the State

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Motor Vehicle Department in the true name and address of such owner, or his predecessor in title, unless the vehicle be a new vehicle bought from a dealer within 30 days of the time of seizure. The holder of any bona fide lien on the property so seized shall be protected to the full extent of his lien provided such holder shows that the illegal use of the property was without his knowledge, connivance or consent, express or implied, and shows also that the lien was legally recorded within the time provided by law and at the place provided by law for the recording of such liens.
Paragraph (h) The court to whom such petition for condemnation may be referred may in its discretion allow any party at interest to give bond and take possession of the vehicle seized, the court to determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond, the amount of the bond to be determined also by the court. The enforcement of any bond so given shall be regulated by the general law applicable to such cases.
Paragraph (i) The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceeding by permitting the value of the vehicle to be paid into court or the value of the equity therein, as determined by the court, which money, when so paid in, shall be distributed as provided by law m all cases of condemnation.
So that said section, when so amended, shall read as follows:
"Section 58-207. Contraband articles; seizure; destruction; sale.-All apparatus or appliances which shall be used for the purpose of distilling or manufacturing any alcoholic, spirituous, vinous or malt liquors or beverages are hereby declared to be contraband, and no corporation, firm or individual shall have any property right in or to the same, and whenever said apparatus or appliances so used or about to be used for the purpose of manufacturing, using, holding or containing any of the liquors or beverages specified in this law shall be found or discovered by any sheriff, deputy sheriff or other executing officer of this state the same shall be summarily destroyed and rendered useless by him without any formal order of the court, All vehicles and conveyances of every kind and description in this state, and all boats and vessels of every kind and description in any of the waters of this state, which are used in conveying, removing, concealing or storing, any liquors or beverages the transportation, possession or storing of which is in violation of the laws of the state, shall be seized and condemned by any sheriff or other arresting officer who shall report the same, within ten days after said seizure, to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be within ten days from the time he receives said notice to institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner or lessee, if known, and if the owner or lessee is unknown, notice of such proceeding shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. If no defense shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear upon the trial of the case that said vehicle, conveyance, boat or vessel was so used with the knowledge of the owner or lessee, the

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237

same shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from said sale shall be applied as follows:
(a) To the payment of the expenses in said case, including the expenses incurred in the seizure.
(b) One-third of the remainder to the officer making the seizure and furnishing the proof. Provided, that should such officer fail or refuse to report such seizure to the proper prosecuting officer within 10 days from the date thereof he shall not be entitled to any of the proceeds of such sale, and any citizen of this state having knowledge of the facts may report said seizure at the said period of 10 days, upon the failure of the officer making the seizure to do so, to the proper prosecuting officer, whose duty it shall be to proceed as hereinbefore directed, and all the proceeds of said sale, in case of the failure of the officer making the seizure to report the same, to which said officer would otherwise have been entitled, shall inure to the public school fund of the county in which such seizure was made.
(c) To the payment of the costs of the court, which shall be the same as now allowed by law in cases of forfeiture of recognizance.
(d) The remainder, if any, shall be paid into the county treasurery to be held as a separate fund to be paid out under order of the court as insolvent costs in other cases arising from the violation of any of the provisions of this law; provided, that in any county in which any of the officers of either the county, city or superior courts are now on a salary, or hereafter placed on a salary, such remainder of the funds applicable to the payment of insolvent costs of such officer or officers shall be retained in the general fund of, and become the property of such county.
(e) Where the owner or lessee of any property seized for purposes of condemnation shall abscond or conceal himself so that actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is hereinbefore provided in the case of an unknown owner or lessee.
(f) All proceedings against any vehicle, conveyance, boat or vessel, for the purpose of condemnation shall be proceedings in rem against the property seized, and the property shall be described only in general terms, and it shall be no ground for defense that the person who had said property in possession at the time of its illegal use and seizure had pot been convicted of such violation.
(g) Any party at interest may appear, by answer under oath, and make defense; the owner or lessee shall be permitted to defend by showing that the property seized, if used illegally by another, this was done without the knowledge, connivance or consent, express or implied, of such owner or lessee, and by showing also that the property seized, if a motor vehicle, was legally registered with the State Motor Vehicle Department in the true name and address of such owner, or his predecessor in title, unless the vehicle be a new vehicle bought from a dealer within 30 days of the time of seizure. The holder of any bona fide lien on the property so seized shall be protected to the full extent of his lien provided such holder shows that the illegal use of the property was without his knowledge, connivance or consent, express or

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implied, and shows also that the lien was legally recorded within the time provided by law and at the place provided by law for the recording of such liens.
(h) The court to whom such petition for condemnation may be referred may in its discretion allow any party at interest to give bond and take possession of the vehicle seized, the court to determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond, the amount of the bond to be determined also by the court. The enforcement of any bond so given shall be regulated by the general law applicable to such cases.
(i) The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceeding by permitting the value of the vehicle to be paid into court or the value of the equity therein, as determined by the court, which money, when so paid in, shall be distributed as provided by law in all cases of condemnation.
Section II. Be it further enacted by the authority aforesaid, and it is hereby so enacted, that all laws and parts of laws in conflict with this act be, and the same hereby are repealed.
The following amendment was read and adopted:
Mr. Durden of Dougherty moved to amend the substitute to HB 749 by striking from Section 1, paragraph G and wherever the same appears in the bill, the following words:
"and shows also that the lien was legally recorded within the time provided by law and at the place provided by law for the recording of such liens."
The report of the committee, which was favorable to the passage of the bill, by substitute as amended, was agreed to.
On the passage of the bill, by substitute as amended, the ayes were 104, the nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.

H B 478. By Messrs. Arnall and Hurst of Coweta:
A bill to be entitled an act to amend the Workmen's Compensation Act to provide salaries of the members of the board shall be fixed by the governor; and for other purposes.
The following substitute was read and adopted:
A bill to be entitled an act to fix and prescribe the compensation of the chairman and members of the State Board of Workmen's Compensation, created by the act of the General Assembly, approved February 8, 1943; to repeal conflicting laws; and for other purposes.

MONDAY, JANUARY 21, 1946

239

Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that:
Section I. That from and after passage and approval of this act, the chairman and each of the members of the State Board of Workmen's Compensation shall receive as compensation for their services six thousand dollars ($6,000.00) per year payable as now provided by law.
Section II. All laws and parts of laws in conflict with this act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, by substitute, the ayes were 109, the nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 658. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Section 64-110 of the code relating to bill of exception and supersedas; and for other purposes.
The report 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 640. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to provide for appointment of a conservator for the estates of persons who are missing under circumstances leading to the conclusion that they are dead; and for other purposes.
The following substitute was read and adopted:
An act to provide for the appointment of a conservator for the estates of persons who are missing under circumstances leading to the conclusion that they are dead; to prescribe the powers and duties of said conservator; to provide for the return of the property of the estate to such missing person in the event that he should reappear; and for other purposes.
Be it enacted by the authority of the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. That when any resident of this state may be missing from his usual place of abode for a period of not less than ninety (90) days, under circumstances which would lead to the conclusion that said person is dead, any person having an interest in the estate of such missing person by reason of being an heir-at-law, a

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creditor, or a person having the legal custody of minors or incompetents who are heirs-at-law, may make application to the ordinary of the county in which such missing person resided at the time of his disappearance, for the appointment of a conservator of his estate.
Section 2. Such application shall set forth the name of the m1ssmg person, his place of residence in said county, the circumstances under which he disappeared, what inquiry has been made as to his whereabouts, the fact that if he were living he would propably have communicated with petitioner or with some person of whom inquiry has been made, a description of the property owned by such missing person, or in which he may have an interest, and the estimated value of such property, together with a statement showing the interest of the petitioner in said estate, and the names and addresses of all known heirs-at-law, and dependents of such missing person.
Section 3. Upon said petition being filed, the procedure shall be the same as in applications for administration on estates of deceased persons, and the laws applicable to the administration of estates shall apply to conservators of the estates of missing persons, except insofar as the same may conflict with the provisions of this act.
Section 4. Said conservator shall, within sixty (60) days after his appointment, make a written report to the ordinary setting forth the condition of said estate, together with a schedule of any debts which may be owed by such missing person, an estimate of the income from said estate and the expenses necessary to the preservation of the same, and a statement showing the names, ages and condition of any persons who may have been dependent upon said missing person, and said ordinary shall then, after making such further investigation as he may deem proper, make such order as will most effectively tend to provide for the payment of any debts due by said missing perr.on and for the support of any persons who may have been dependent upon such missing person for support, and shall authorize and direct said conservator to carry out the provisions of said order. Such order may be changed or modified in the discretion of the ordinary, upon application to him by the conservator or by any person dependent on said missing person, or the guardian of any minor or incompetent dependent on such missing person.
Section 5. If at any time before such m1ssmg person shall have been declared lt>gally dead, by a competent court, in a proceeding brought for that purpose, such mi~.sing person should reappear, said conservator shall thereupon and within sixty (60) days after demand by such missing person, make a final return to said ordinary, and upon approval of such final return by the ordinary he shall thereupon pay over and deliver all of such funds and property in his hands to such missing person; and such mi~sing person, as well as the said conservator, shall have the right to appeal from any decision of the ordinary approving or disapproving such final return. to the st:perior court of said county, in the manner now provided by law.
Section 6. If such missing person shall be declared legally dead, and his will probated, or administration had upon his estate, then such conservator shall account to the administrator or to the executor of the estate of such missing person in the manner set forth in Section 5 of this act.

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241

Section 7. In the absence of fraud, the approval by the ordinary of such final return shall operate as a complete discharge of such conservator.

Section 8. If any section, or part of a section of this act shall be declared unconstitutional, the remainder of said act shall nevertheless be in full force and effect.

Section 9. All laws and parts of laws, in conflict herewith be, and the same are hereby repealed.

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

On the passage of the bill, by substitute, Mr. Alexander of Chatham moved the ayes and nays and the vote was as follows:

Those voting in the affirmative were:

Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall Baker Bargeron Barrett Barwick Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Callaway Campbell Chance Claxton Connerat Cowart Crow Crowley Culpepper Dallis Dorsey of White Durden Dykes Ennis, Marion Etheridge of Butts

Fortson Freeman Gammage Gary Giddens Gilbert Gowen Greer Guerry Harden Hardy of Hall Harrison of Screven Harrison of Wayne Hatchett Hefner Herndon Hicks Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holley Holloway Hubert Hurst Jennings of Terrell Kelley Kent Key King Lam Lancaster

Lewis Littlejohn Looper Lovett McCurdy McWhorter Mallard Mankin Mann of Henry Mann of Rockdale Mason Massey Mitchell Mullinax Nicholson Pannell Parks Pennington Pettit Pittman of Bartow Pittman of Tift Price Ray Ritchie Rossee Sapp Seagraves Sears Sills Smiley Smith of Bryan Smith of Emanuel

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Smith of Oglethorpe Swint Thompson Thornton

Thrash Trotter Wells of Lincoln Williams of Appling

Williams of Coffee Williams of Jones Williams of Ware Wilson

Those voting in the negative were:

Brunson Cates Cheek DeFoor Etheridge of Fulton Garrison Gavin Gibson

Guyton Jackson l\1anous Matthews of Peach Maund Morrison Mosley Murphy

Parham Rowland Sparks Strickland of Pike Watford Williams of Toombs Witherington

Those not voting were: Adams, Arnold, Banks, Battles, Boynton, Brumby, Burch, Cates, Chastain, Cheshire, Connell, Dorsey of Cobb, Dupree, J. H. Ennis, Evitt, Fowler, Gaskins, Glisson, Greene, Griswell, Hall, Hampton, Hand, Hardy of Jackson, Harrison of Jenkins, Hart, Herrin, Hill, Holleman, Hollis, Hooks, Jennings of Sumter, Johns, Kendrick, Kenimer, Kennon, Knabb, Lane, Livingston, McCracken, MeN all, Malone, Matthews of Paulding, Medders, Miller, Moore, Moye of Brooks, Moye of Randolph, Oakley, Oden, Odom, Oliver, O'Sheal, Overby, Phillips, Porter, Powell, Ramey, Riddlespurger, Roughton, Seagler, Sheffield, Shields, Strickland of Upson, Sumner, Twitty, Underwood, Weaver, Wells of Ben Hill, Whaley, Williams of Gwinnett, Willis, Willoughby, and Young.

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

On the passage of the bill, by substitute, the ayes were 108, the nays 23.

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

The following report from the Committee on Rules was read and adopted:
.Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a cal-
endar of business for today's session, have established as a special and continuing order of business following the present calendar of bills and resolutions:
HB 303. Relating to practice of dentistry. HB 585. Retirement system for teachers. HB 354. Transportation of pupils. HB 81-535B. Appropriation to Mrs. D. H. Wooten. HR 157-680B. Special appropriation.

MONDAY, JANUARY 21, 1946

243

All general bills with local application. HB 216. Occupational diseases. HB 764. Exemption&. HB 769. Limitations on insolvent costs. HB 757. Authorizing municipalities to annex territory. HB 616. State depositories. HB 395. Appointing bank directors. HB 767. Relating to Board of Corrections. HR 75-523A. To pay L. T. Garrett for damages to truck. HR 76-523B. To pay Ray Beck for damages to truck. HR 170-734B. Constitutional Board of Health. HR 174-757A. Relating to land in Dade county. HB 759. Revenue producing undertakings. HR 153-659A. Relating to name of Fort Benning Highway. HB 760. Relating to bonded debts of counties and municipalities. HB 765. Foreign corporations. HR 128-614A. Relating to loans to returning veterans. HR 175-767A. Name of inlet or tidal estuary. HB 758. Clerk fees. HR 167-713B. State Auditor's subsistence. HB 762. Preventing state employees from lobbying. The speaker of the House is authorized to call up for consideration the bills and resolutions on this calendar in the order in which he sees fit.
Respectfully submitted, Durden of Dougherty, Vice-Chairman.

Under the special and continuing order of business established by the Committee on Rules the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 751.. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the Commissioners of Rockdale

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county to construct recreation facilities with county funds, equipment and labor; and for other purposes.
The report 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 752. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the mayor and council of Conyers to construct recreation facilities with city funds, equipment and labor; and for other purposes.
The report 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 736. By Messrs. Marion Ennis and J. H. Ennis of Baldwin:
A bill to be en~itled an act to authorize the county commissioners of Baldwin county to establish zoning or planning laws in the county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 740. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to require the payment of $10 to the clerk of Meriwether Superior Court when filing a suit for divorce to cover cost; and for other purposes.
The report 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 755. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to increase the pay of the secretary of coroners juries in Bibb county to $5.00 for each inquest; and for other purposes.

MONDAY, JANUARY 21, 1946

245

The report 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 723. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to provide for voting machines 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 109, the navs 0.
The bill, having received the requisite constitutional majority, was passed.

Mr. Wells of Ben Hill 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 bills and resolution of the House to wit:
HB 691 HB 692 HB 701 HB710 HB 711 HB713 HB 718 HB 722 HR 154 HB 655 HB 657 HB 662 HB 664 HB 667 HB 668

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HB 671 HB 673 HB 682 HB 684

Respectfully submitted,
Wells of Ben Hill, Chairman.

Mr. Wells of Ben Hill county, chairman of the Committee on Engrossing, sub- tt mitted 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 620 HB 623 HB 626 HB 632 HB 633 HB 634 HB 636 HB 646 HB 647 HB 652 HB 621 HB 627 HB 631 HB 638 HB 649 HB 659 HB 660 HB 675

MONDAY, JANUARY 21, 1946

247

HB 676 HB 680 HB 681 HB 693 HB 708 HB 728 HR 166

Respectfully submitted,
Wells of Ben Hill, Chairman.

Mr. Durden of Dougherty moved that the House adjourn until tomorrow morning at 10 o'clock, the motion prevailed and the speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

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Representative Hall, Atlanta, Georgia, Tuesday, January 22, 1946.
The House met pursuant to adjournment at 10:00 o'clock, was called to order by the speaker and opened with scripture reading and prayer by the chaplain.
The call of the roll was dispensed with.
Mr. Evitt of Catoosa reported the journal of yesterday's proceedings had been read and found correct.
The journal was confirmed.
By unanimous consent the following was established as the regular 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 and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Third reading and passage of uncontested local bills and resolutions.
6. First reading and reference of Senate bills.
Mr. Fortson of Wilkes asked unanimous consent that SR 27 be withdrawn from the Committee on Amendments to the Constitution No. 2 and referred to the Committee on Amendments to the Constitution No. 1.
There was objection to the unanimous consent request.
Mr. Fortson of Wilkes moved that SR 27 be withdrawn from the Committee on Amendments to the Constitution No. 2 and referred to the Committee on Amendments to the Constitution No. 1.
The speaker asked Mr. Fortson of Wilkes to withdraw his motion until after the period of unanimous consent.
By unanimous consent the following bills and/or resolution were introduced, read the first time and referred to the committees:

HB 799. By Messrs. Garrison of Habersham, Mason of Morgan, Williams of Coffee, Lam of Troup, and Harrison of Jenkins:
A bill to be entitled an act to appropriate $100,000 for the erection of a building at the Georgia Vocational School at Clarkesville; and for other purposes.
Referred to Committee on Appropriations.

HB 800. By Mr. Fortson of Wilkes:

TUESDAY, JANUARY 22, 1946

249

A bill to be entitled an act to amend the Milk Control Board Act by striking the words "Ice cream mix" in the 9th paragraph of Section 2; and for other purposes.
Referred to Committee on Agriculture No. 1.

HB 801. By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the Town of Woodbine so as to provide for zoning regulations and building codes; and for other purposes.
Referred to Committee on Municipal Government.

HR 185-800a. By Mr. Swint of Spalding:
A resolution proposing an amendment to Article 8, Section 5, Paragraph I of the Constitution to provide for a division of Spalding county into school districts and for election of members of the County Board of Education; and for other purposes.
Referred to Committee on General Education No. 2.

HB 802. By Messrs. Hardy and Lancaster of Hall, Looper of Dawson, Holbrook
of Forsyth, Hefner of Pickens, and Sparks of Towns: A bill to be entitled an act to provide for the purchase and use of sulfaquandine and sulfa-thiozol by poultry flock owners and dealers in poultry supplies; and for other purposes.
Referred to Committee on General Agriculture No. 2.

HB 803. By Messrs. Glisson of Evans, Watford of Long, Burch of Dodge, Dykes of Bleckley, and DeFoor of Mcintosh:
A bill to be entitled an act to provide a salary of $50 per month to the ordinaries in counties having a population of not less than 4,000 and not greater than 10,000 in addition to their fees; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 804. By Mr. Dykes of Bleckley:
A bill to be entitled an act to provide the method of distributing fines and forfeitures in Dodge county courts to the officers of the court; and for other purposes.
Referred to Committee on Counties and Mounty Matters.

250

JOURNAL OF THE HOUSE,

Mr. Bloodworth of Bibb 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 786. Do Pass HB 644. Do Pass HB 790. Do Pass HB 791. Do Pass HB 783. Do Pass HB 792. Do Pass HB 798. Do Pass
Respectfully submitted, Bloodworth of Bibb, 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:
H B 793. Do Pass
Respectfully submitted,
Hatchett of Meriwether, Chairman.

Mr. Pittman of Bartow county, chairman of the Committee on Amendments to the Constitution No. 1, submitted the following report:
Your Committee on Amendments to the Constitution No. 1 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 recom mendations:
HR 182-788b. Do Pass

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251

HR 179-788a. Do Pass SR 25. Do Pass
Respectfully submitted, Pittman of Bartow, Chairman.

Mr. Thrash of Coffee county, chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia have had under consideration the following bill of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SB 247. Do Pass
Respectfully submitted,
Thrash of Coffee, Chairman.

Mr. Arnall of Coweta 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:
HB 775. Do Pass
SB 244. Do Pass
SB 272. Do Pass
SB 258. Do Pass HB 781. Do Pass
Respectfully submitted,
Arnall of Coweta, Chairman.

Mr. Pannell of Murray county, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:

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JOURNAL OF THE HOUSE,

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:
SB 254. Do Pass
SB 255. Do Pass
SB 246. Do Pass
HB 784. Do Pass
Respectfully submitted,
Pannell of Murray, 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 778. Do Pass HB 785. Do Pass HB 787. Do Pass HB 788. Do Pass HB 789. Do Pass SB 235. Do Pass SB 251. Do Pass SB 253. Do Pass as Amended SB 256. Do Pass SB 257. Do Pass SB 259. Do Pass
Respectfully submitted, Sills of Candler, Chairman.

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

TUESDAY, JANUARY 22, 1946

253

H B 644. 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 Atlanta by repealing Sections 6 and 7 of the charter approved March 9, 1945; and for other purposes.

H B 775. By Mr. Price of Clarke:
A bill to be entitled an act to provide that county commiSSioners may tax persons, firms, or corporations engaged in fortune-telling, phrenology, clairvoyance, or other kindred practices outside of corporate limite; and for other purposes.

HB 77~. By Messrs. Arnold and Swint of Spalding:
A bill to be entitled an act to amend Code Section 32-1114 to change the amount of commission paid to tax collectors on taxes collected; and for other purposes.

HB 781. By Mr. McCracken of Jefferson:
A bill to be entitled an act to amend the law providing for tax refund to limit the time the State Revenue Commissioner may pay interest on such tax returns; and for other purposes.

HB 783. By Mr. Sheffield of Miller:
A bill to be entitled an act to amend the charter of the City of Colquitt to authorize an ad valorem tax increase for ordinary expenses; and for other purposes.

HB 784. By Mr. Lovett of Laurens:
A bill to be entitled an act to place the clerk of the Superior Court and his deputies and the sheriff of Laurens county and his deputies on a salary instead of a fee basis; and for other purposes.

HB 785. By Mr. Mann of Henry:
A bill to be entitled an act to divide Henry county into districts for the election of members of the Board of Commissioners from each district; and for other purposes.

HB 786. 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 East Point to provide a pension system for city employees; and for other purposes.
HB 787. By Mr. Etheridge and Mrs. Mankin of Fulton:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to provide that the sheriff of Fulton county may appoint a chief deputy whose term of office shall not extend beyond the term of the sheriff; and for other purposes.

HB 788. By Mr. Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the civil service act of Fulton county to provide that the secretary and chief deputy of the sheriff will not be classified employee; and for other purposes.

HB 789. By Messrs. McCurdy, McWhorter and Hubert of DeKalb, and others:
A bill to be entitled an act to authorize the levy of a tax of a stated millage in counties of over 80,000 population without specifying the p~rcentage levied for any stated purposes; and for other purposes.

HB 790. By Messrs. Harris, Holley and King of Richmond:
A bill to he entitled an act to amend the charter of the City of Augusta to authorize the City Council to fix the salary of the commissioner of public safety at not less than 5,000 dollars per annum; and for other purposes.

HB 791. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta by repealing acts approved August 7, 1907 (Ga. Laws 1907, pp. 413-414) and approved August IS, 1913 (Ga. Laws 1913, pp. 604-611),; and for other purposes.

HB 792. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to prescribe the time and method of electing members of city council; and for other purposes.

HB 793. By :\lessrs. Culpepper of Fayette, Hatchett and Thompson of Meri\\ether. and Greer of Lanier:
A bill to be entitled an act to amend Chapter 32-9 of the code to transfer all powers now vested in local district trustees of schools to the County Board of Education in conformity \\ith the provision of the new Constitution; and for other purposes.

HB 798. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide that the secretary of the board of trustees of the (ieorgia l\lilitary College shall give thirty days' notice by publication for the election of trustees; and for other purposes.

TUESDAY, JANUARY 22, 1946

255

HR 179-788a. By Messrs. Weaver of Bibb, and Hatchett and Thompson of Meriwether:
A resolution to provide an amendment to Article 8, Section 5 of the Con-
stitution to substitute county boards of education for local district trustees of school districts; and for other purposes.

HR 182-788b. By Messrs. Harrison of Wayne, and Matthews of Peach:
A resolutions proposing an amendment to Article 2, Section 2, paragraph I of the Constitution to provide for 56 Senatorial Districts instead of 54; and for other purposes.

SR 25. By Senator Millican of the 52nd:
A resolution proposing an amendment to Article 7, Section 6, Paragraph 2 by providing the commissioners of Fulton county may levy as one ad valorem tax a sufficient millage to cover all county purposes without making a specific levy for specific purposes; and for other purposes.

SB 235. By Senator Hodges of the 26th:
A bill to be entitled an act to amend the act with reference to county commissioners of Butts county so as to provide that two members of the Board of Commissioners shall constitute a quorum for the transaction of all business; and for other purposes.

SB 244. By Senator Stone of the 15th:
A bill to be entitled an act to amend Section 92-3109 of the Code of Georgia, as amended by Section 7 of the act approved December 29, 1937, by providing the manner and time within which veterans of World War II may deduct from gross income the amount of federal net income taxes shown to be due from state income tax returns; and for other purposes.

SB 246. By Senator Drake of the 8th:
A bill to be entitled an act to fix the time for holding Superior Court in Seminole county on the second Mondays in January and July; and for other purposes.

SB 247. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal an act approved February 14, 1935, entitled "An act to define the status of the regents of the University System of Georgia and of the members of the Board of Regents; and for other purposes.
SB 251. By Senator Millican of the 52nd:

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JOURNAL OF. THE HOUSE,

A bill to be entitled an act authorizing the Board of Commissioners of Roads and Revenues for Fulton county to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.

SB 253. By Senator Millican of the 52nd:
A bill to be entitled an act to fix the salary of the ordinary of Fulton county at $9,000 per year; and for other purposes.

SB 254. By Senator Millican of the 52nd:
A bill to be entitled an act to fix the bond of the clerk of Superior Court of Fulton county at $30,000; and for other purposes.

SB 255. By Senator Millican of the 52hd:
A bill to be entitled an act to fix the salaries of the bailiffs of Fulton Superior Court; and for other purposes.

SB 256. By Senator Millican of the 52nd:
A bill to be entitled an act to change the time for election of Commissioners of Roads and Revenues of Fulton county; and for other purposes.

SB 257. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act entitled an act to amend an act entitled an act to provide in Fulton county a system for pension and retirement pay to teachers and employees of the Board of Education; and for other purposes.

SB 258. By Senator Millican of the 52nd:
A bill to be entitled an act for the abatment of all income taxes for members of the armed forces upon death to include any of the other United Nations; and for other purposes.

SB 259. By Senator Millican of the 52nd:
A bill to be entitled an act that Fulton county shall furnish aid and relief and pensions to regular members of the county police department; and for other purposes.

SB 272. By Senators Stone of the 15th, Gould of the 4th, and Welsch of the 39th:
A bill to be entitled an act to allow persons in the armed services to deduct up to $1,500 from gross income in income tax returns; and for other purposes.

TUESDAY, JANUARY 22, lY<tt>

257

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by substitute as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 234. By Senator Gross of the 31st:
A bill to be entitled an act to create and establish a Merit System for personnel administration in the State Government; to define the powers, duties and authority of the State Personnel Board in administering the said State Merit System; to provide allowance to compensate members of the board for the time lost; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House to wit:
HR 181. By Mr. Harris of Richmond:
A resolution, the Senate concurring, that the General Assembly convene in joint session at eleven o'clock a.m. on Tuesday, January 22nd, 1946, in the Hall of the House of Representatives for the purpose of hearing a speech by the Hon. Knox Gholston, of Comer, Georgia; and that a committee of five, three to be named from the House by. the speaker and two by the president of the Senate, be appointed to escort the distinguished visitor to the Hall of the House of Representatives.

The president appointed on the part of the Senate:
Senators Hawes of the 30th and Hill of the 36th.
The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:

SB 284. By Senators Mavity of the 44th and Freeman of the 22nd:
A bill to be entitled an act to create and provide for a State Board of Correction to be composed of five members to be appointed by the governor; to provide for terms of members thereof and for compensation of the members;

258

JOURNAL OF THE HOUSE,

to provide for the appointment for a Director of Corrections; to define the jurisdiction, powers and duties; and for other purposes.
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 716. By Mr. Banks of Lamar:
A bill to be entitled an act to amend the charter of the City of Barnesville to provide that property owners shall pay for grading and paving of streets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 216. By Senator Millican of the S2nd:
A bill to be entitled an act to establish a P'arks and Recreation Commission in Fulton county; to prescribe the powers and duties of the 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 lOS, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 266. By Senator Slaughter of the Sth:
A bill to be entitled an act to amend the charter of the City of Athens, Georgia, so as to make the mayor the chief executor officer thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 268. By Senator Edenfield of the 2nd:
A bill to be entitled an act to amend the charter of the City of Darien to provide for the closing of certain streets and squares for sale; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, JANUARY 22, 1946

259

On the passage of the bill, the ayes were 107, the nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 269. By Senator Harrell of the 7th:
A bill to be entitled an act to amend the charter of the City of Thomasville by extending 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 108, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

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

SB 234. By Senator Gross of the 31st:
A bill to be entitled an act to establish a Merit System in the classified service of the State of Georgia, to establish a State Personnel Department and establish a State Personnel Board; and for other purposes.
Referred to Committee on State of Republic.

SB 284. By Senators Mavity of the 44th, and Freeman of the 22nd:
A bill to be entitled an act to create a State Board of Corrections to be composed of five members and to fix their term and compensation; and for other purposes.
Referred to Committee on State Penitentiary.
Mr. Fortson of Wilkes asked unanimous consent that SR 27 be withdrawn from the Committee on Amendments to the Constitution No. 2 and recommitted to the Committee on Amendments to the Constitution No. l.
There was objection.
Mr. Fortson of Wilkes moved that SR 27 be withdrawn from the Committee on Amendments to the Constitution No. 2 and recommitted to the Committee on Amendments to the Constitution No. l.
The clerk read Rules of the House No. 43, No. 199 and No. 93.
The speaker ruled that the motion was out of order.
With assurance from the speaker that SR 27 would be acted upon by the Committee on Amendments to the Constitution No. 2 and that the resolution would be placed on the calendar, Mr. Harrison of Jenkins asked unanimous consent to with-

260

JOURNAL OF THE HOUSE,

draw the motion by Mr. Fortson of Wilkes, and the unanimous consent request was granted.
The speaker turned the gavel over to Mrs. Mankin of Fulton, who presented to the House the Hon. Herman A. Dickert, of the Textile School of the Georgia School of Technology, who briefly addressed the House and presented to each member of the House a pair of socks made in the Textile School of the Georgia School ot Technology.
The hour for convening of the joint session under HR 181 having arrived, the Senate appeared on the floor of the House and was admitted.
The House was called to order by the president pro tern., the Hon. Spence Grayson.
The secretary of the Senate read the resolution calling for the joint session.
The distinguished visitor, the Hon. J. Knox Gholston, appeared on the floor of the House with his committee of escort, and addressed the House.
Mr. Durden of Dougherty moved that the joint session do now dissolve, the motion prevailed and the president pro tern. announced the joint session dissolved.
The speaker called the House to order.

The following resolution was read and adopted:
HR 186. By Messrs. Harris of Richmond, Adams of Wheeler, Whaley of Telfair and others:
A resolution requesting that the Civilian Production Administration rescind Rosin Order M-387 so that rosin and turpentine may be sold for other than war purposes; and for other purposes.

The speaker recognized the presence in the gallery of the Senior Class of DeKalb High School of DeKalb county.
The speaker presented to the House the Hon. Charles J. Bloch, president of the Judicial Council, who briefly addressed the House.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 645. By Messrs. Alexander, MeN all and Connell of Chatham:

A bill to be entitled an act to amend the charter of the Town of Tybee, to

TUESDAY, JANUARY 22, 1946

261

extend the city limits and provide for zoning ordinance; and for other purposes.

HB 624. By Mr. Hand of Mitchell:
A bill to be entitled an act to amend the charter of the City of Pelham to provide a twelve-mill tax for school purposes; and for other purposes.

HB 679. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, so as to authorize the mayor and council of said municipality to grade, regrade, pave, repave, build, rebuild, or otherwise improve sidewalks within the corporate limits of said municipality, and to make assessments against the abutting real estate and the owners thereof for the costs of such improvements, and the expense incident thereto, and to provide for the payment of the same; and for other purposes.

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

SB 270. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the act approved March 15, 1943, entitled "An act to create a Civil Service Board in Fulton county"; and for other purposes.
SB 252. By Senator Caldwell of the 37th:
A bill to be entitled an act to carry into effect Paragraph 4 of Section 1 of Article 7 of the Constitution of this state in reference to exemption from taxation of certain property therein described; and for other purposes.

SB 282. By Senator Millican of the 52nd:
A bill to be entitled an act to amend Civil Service law in cities with 150,000 population; and for other purposes.

SB 276. By Senator Rainey of the 11th:
A bill to be entitled aQ act to amend the charter of the City of Dawson, Ga., and the sever:al acts amendatory thereof, to authorize the City Council of Dawson, or other governing authority of said city, to pass rules, regulations and ordinances whereby the City of Dawson, Ga., may be zoned for

262

JOURNAL OF THE HOUSE,

various uses, and to regulate the use or uses for which such zones or districts may be set apart, and to regulate the development and improvement of real estate in the City of Dawson, Ga.; and for other purposes.

SB 281. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act entitled "An act to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; a.nd for other purposes," as amended, and particularly the amendment approved March 20, 1939, (Ga. Laws, 1939, p. 841 et seq.) entitled "An act to amend an act estab lishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes;,' and for other purposes.

SB 280. By Senators Minchew of the 5th and Causey of the 46th:
A bill to be entitled an act to add mileage to the State Aid System of Roads by the addition of a highway in Clinch, Atkinson, Coffee, and Jeff Davis counties, as provided for by Charter 95-17 of the Code of Georgia of 1933; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 283. By Senator Millican of the 52nd:
A bill to be entitled an act to amend Civil Service m cities of 200,000 or more; and for other purposes.

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

HB 678. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah and several acts amendatory thereof and supplementary thereto incorporating the mayor and aldermen of the City of Savannah by authorizing the mayor and aldermen to extend water juris-

TUESDAY, JANUARY 22, 1946

263

diction of the City of Savannah within the confines of Chatham county; and for other purposes.

HB 650. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to give the Board of Education of Athens the right of eminent domain for acquiring school property; and for other purposes.

HB 661. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia, as amended by the act approved August 5, 1921; creating a board of public safety to have charge of the police and fire departments of said city; defining the powers and duties of said board; and for other purposes.

HB 628. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to amend the act granting charter of the mayor and council of the City of Athens, and all acts amendatory thereto, so as to make the mayor the chief executive officer of the City of Athens; and for other purposes.

HB 665. By Messrs. Jennings and Gammage of Sumter:
A bill to be entitled an act to amend the charter of the City of Americus so as to provide for zoning and planning laws; and for other purposes.

HB 643. By Messrs. Alexander, Connerat and MeNall of Chatham:
A bill to amend, revise and alter the several acts relating to and incorporating the Town of Thunderbolt; and for other purposes.

HB 669. By Messrs. Dallis, Lam and Trotter of Troup:
A bill to be entitled an act to provide for four terms of the Superior Court of Troup county, Coweta Circuit; and for other purposes.

HB 685. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to amend the act creating the public school system for the City of W aye ross, Georgia; and for other purposes.

Under the regular and continuing 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:

HR 164-703a. By Messrs. Gowen of Glynn, and Hicks of Floyd:

264

JOURNAL OF THE HOUSE,

A resolution to ratify rules adopted by the Supreme Court for practice and procedure for repeal or review in cases; 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adamson Alexander of Carroll Alexander of Chatham Almand Arnall Arnold Banks Bargeron Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brock Brunson Burch Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Cowart Crow Crowley Culpepper Dallis Dorsey of Cobb Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Fulton Evitt

Fortson Fowler Freeman Gammage Garrison Gary Gaskins Giddens Gilbert Gowen Greene Guerry Guyton Hall Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Harrison of Wayne Hatchett Hefner Herndon Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson Jennings of Sumter J enningsof Terrell

Kendrick Kenimer Kennon Kent Key Knabb Lam Lane Lewis Livingston Looper McCurdy McNall McWhorter Mallard l\1ann of Henry Mann of Rockdale Manous Matthews of Peach Mitchell Moore Mosley Moye of Randolph Murphy Nicholson Oakley Oliver O'Shea! Overby Pannell Parks Pettit Phillips Pittman of Bartow Pittman of Tift Porter Price Ray

TUESDAY, JANUARY 22, 1946

265

Riddlespurger Rossee Rowland Sapp Seagler Seagraves Sears Sheffield Shields Sills Smiley Smith of Bryan

Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty

Watford Weaver Wells of Lincoln Whaley Williams of Coffee Williams of Jones Willis Wilson Witherington Young

Not voting were: Adams Ansley, Baker, Barrett, Barwick, Boynton, Brooke, Brumby, Connell, Connerat, DeFoor, Dorsey of White, Etheridge of Butts, Gavin, Gibson, Glisson, Greer, Griswell, Hampton, Hand, Hardy of Jackson, Hart, Herrin, Johns, Kelley, King, Lancaster, Littlejohn, Lovett, McCracken, Malone, Mankin, Mason, Massey, Matthews of Paulding, Maund, Medders, Miller, Morrison, Moye of Brooks, Mullinax, Oden, Odom, Parham, Pennington, Powell, Ramey, Ritchie, Roughton, Underwood, Wells of Ben Hill, Williams of Appling, Williams of Gwinnett, Williams of Toombs, Williams of Ware, and Willoughby.

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

On the adoption of the resolution, the ayes were 148, the nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 165-704a. By Messrs. Gowen of Glynn, and Hicks of Floyd:
A resolution to ratify rules adopted by the Supreme Court governing procedure, pleading and practice in civil proceedings in the courts of this state; 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.

HR 163-702a. By Messrs. Gowen of Glynn, and Hicks of Floyd:
A resolution ratifying the rules adopted by the Supreme Court for admission of the genuineness of documents; and for the pre-trial conferences in cases in courts; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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On the adoption of the resolution, the ayes were 116, the nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 720. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend Section 20-506 of the code relative to notice by attorneys before they can collect attorneys fees upon notes and other evidences of indebtedness; and for other purposes.
The following amendment was read and adopted:
Mr. Matthews of Peach moved to amend HB 720 as follows:
By adding thereto the following: "That Section 6-906 of the Code of 1933 which is:
"If the judge trying the case shall resign, or otherwise cease to hold office as judge, when the bill of exceptions shall be tendered, he may nevertheless sign and certify; and if he shall die before certifying the same, or otherwise become incapable of acting, the party may verify his bill of exceptions by his own oath, or that of his attorney, together with the oath of at least one disinterested member of the bar who was present at the trial; and such verifications shall operate in the same manner as the certificate of the judge. If the judge shall be absent from home, or by other casualty shall fail to certify the bill of exceptions within the time specified (and without fault of the party tendering, he may sign and certify as soon as possible, which shall be held and deemed valid.
"If the judge trying the cause shall die or otherwise become incapable of acting, his successor in office, if such successor in office has qualified, may sign and certify the bill of exceptions; and such certificate shall operate in the same manner as the certificate of the judge trying the cause would operate had he not died or otherwise become incapable of acting. If the judge trying the cause shall die or otherwise become incapable of acting, and no suGcessor to such trial judge has qualified, any superior court judge of any adjoining circuit in the state may sign l.nd certify the bill of exceptions; and such certificate shall operate in the same manner as the certificate of the judge trying the case would operate had he not died or become othe:wise incapable of acting."
So that said Section 6-906, when so amended, shall re?.d:
"If the judge trying the cause shall resign, or otherwise cease to hold office as judge, when the bill of exceptions shall be tendered, he may nevertheless sign and certify; and if he shall die before certifying the same, or otherwise become incapable of acting, the party may verify his bill of exceptions by his own oath, or that of his attorney, together with the oath of at lt'ast one disinterested member of the bar who was present at the trial; and such verifications shall operate in the same manner as the certificate of the judge. If the judge shall be absent from home, or by other casualty shall fail to certify the bill of exceptions within the time specified (and

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without faults of the party tendering), he may sign and certify as soon as possible, which shall be held and deemed valid. If the judge trying the cause shall die, or otherwise become incapable of acting, his successor in office, if such successor has qualified, may sign and certify the bill of exceptions; and such certificate shall operate in the same manner as the certificate of the judge trying the cause would operate had he not died or otherwise become incapable of acting. If the judge trying the cause shall die or otherwise become incapable of acting and no successor to such trial judge has qualified, any superior court judge of any adjoining circuit in the state may sign and certify the bill of exceptions; and such cer\ificate shall operate in the same manner as the certificate of the judge trying the cause would operate had he not died or become otherwise incapable of acting."
And amending 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.
Mr. Durden of Dougherty moved that the House adjourn until 2:00 o'clock, the motion prevailed and the speaker announced the House adjourned until 2 :00 o'clock.

2:00 o'clock p. m.
The speaker called the House to order.
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 recommendation:
H B 782. Do Pass
Respectfully submitted,
Sills o_f Candler, 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

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following resolution of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HR 184-797a. Do Pass
Respectfully submitted,
Ennis of Baldwin, Chairman.

Mr. Cates of Burke county, chairman of the Committee on Public Highways No. 2, submitted the following report:
Mr. Speakl"r:
Your Committee on Public Highways No. 2 have had under consideration the following resolution of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HR 183-788c. Do Pass
Respectfully submitted,
Cates of Burke, Chairman.
Mr. lVIcCracken 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 779. Do Pass by Substitute
HB 780. Do Pass by Substitute
HB 794. Do Pass
Respectfully submitted,
McCracken of Jefferson, Chairman.
Mr. Young of Muscogee 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 follow-
ing bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:

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269

HB 797. Do Pass by Substitute
Respectfully submitted,
Young of Muscogee, Chairman.

Mr. Swint of Spalding county, chairman of the Committee on General Agriculture No. 2, submitted the following report:

Mr. Speaker:

Your Committee on General Agriculture have had under consideration the following bill of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:

SB 271. Do Pass by Substitute

Respectfully submitted,

Swint of Spalding, Chairman.

On the special and continuing 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:

HB 766. By Mr. Smith of Bryan:
A bill to be entitled an act to authorize .each local school district in Bryan county to issue bonds for schools; and for other purposes.
The report 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 750. By Mr. Willoughby of Clinch:
A bill to be entitled an act to provide that the tax receiver of Clinch shall be paid a commission on all taxes collected by the tax collector for the County 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 109, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 738. By Messrs. Lovett of Laurens, Chance of Twiggs, Malone of Laurens,
and Rowland of Johnson: A bill to be entitled an act to fix the salary for the solicitor general of the Dublin 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 110, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 739. By Mr. Lovett of Laurens:
A bill to be entitled an act to fix the salaries of the judge and solicitor of 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 Ill, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 639. By Mr. Gowen of Glynn:
A bill to be entitled an act to authorize the Georgia Bar Association and Judicial Council to investigate charges of unlawful practice of law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 216. By Mr. Key of Jasper:
A bill to be entitled an act to amend the Workmen's Compensation Act to include the disease known as silicosis within the terms of injury; and for other purposes.
The following substitute was read and adopted:
Committee substitute for HB 216:
A bill to be entitled "An act to amend Code Section 114-102 of the Code of Georgia of 1933 defining "injury" and "personal injury" under the Workmen's Compensation Law, by placing a comma after the word "not" in the third line of said section and by adding between the comma after the word "not" in the third line of said section and the word "include" in the third

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271

line of said section the words "except as hereinafter provided"; and to further add a new chapted to said Workmen's Compensation JJaw of Georgia to be known as Code Sections 114-801 through 114-827, so as to define certain ailments commonly referred to as occupational diseases, to provide which of said occupational diseases shall be compensable and the one liable therefor, and the amounts payable for medical and funeral expenses, and the practice, terms, conditions and regulations covering the same; to provide, in the event that certain occupational diseases are compensable under said act, the amount payable therefor, the amount payable for medical and funeral expenses, and that the terms and conditions of what is generally known as the Workmen's Compensation Law shall be applicable thereto unless otherwise referred to in this act; to provide for the examination of new employees; to create a medical board and prescribe how the same shall be appointed and its duties and powers; to provide under certain conditions for an autopsy; to provide when this act becomes effective; to provide for reports to the State Board of Health; to repeal all laws and parts of 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 the authority of the same, that after three months from the passage and approval of this act, Section 114-102 of the Code of Georgia of 1933, which defines "injury" and "personal injury" under the Workmen's Compensation Law, be and the same is hereby amended by placing a comma after the word "not" in the third line of said Section and by adding between the comma after the word "not" in the third line of said section and the word "include" in the third line of said section the words "except as hereinafter provided," so that said section, as amended, shall read as follows:
114-102. "Injury" and "personal injury" defined.-"lnjury" and "personal in-
jury" shall mean only injury by accident arising out of and in the course of the employment and shall not, except as hereinafter provided, include a disease in any form except where it results naturally and unavoidably from the accident, nor shall "injury" and "personal injury" include injury caused by the wilful act of a third person directed against an employee for reasons personal to such employee.
Be it further enacted by the authority aforesaid that the following new chapter be and the same is hereby added to what is known as the W-orkmen's Compensation Law of Georgia, having the heading "Occupational Diseases," to be known as additional sections of the Code of Georgia of 1933, Sections 114-801 through 114-827, inclusive, and said additional sections shall be as follows:
114-801. General Provisions.-Where the employer and employee are subject to the provisions of the Workmen's Compensation Law, the disablement or death of an employee resulting from the occupational disease as hereinafter listed and defined, shall be treated as the happening of an injury by accident, and the employee or, in the case of his death, his dependents, shall be entitled to compensation as provided by the Workmen's Compensation Law, except as hereinafter provided,. and the practice and procedure prescribed in such law shall apply to all the proceedings

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under this chapter except as hereinafter otherwise; provided; provided, however, that in no case shall an employer be liable for compensation under the provisions of the chapter except for a disease specified in Code Section 114-803 of this chapter and unless such disease arose out of and in the course of employment and has resulted from the nature of the employment in which the employee was engaged under such employer and was actually contracted while so engaged, meaning by "nature of the employment" that to the occupation in which the employee was so engaged, there is attached the particular hazard of such disease that distinguishes it from the usual run of occupations and is in excess of the hazards of such disease attending employment in general, and unless disablement or death results within three years in the case of silicosis or asbestosis or within one year in the case of any other occupational disease after the last injurious exposure to the hazard of such disease in such employment, or, in case of death, unless death follows continuous disability from such disease commencing within the period above limited for which compensation has been paid or awarded or timely claim made as provided by the Workmen's Compensation Law, and results within seven years after such last exposure.
114-802. "Disablement" and "disability" defined.-As used in this chapter, "disablement" means the event of an employee becoming actually incapacitated because of occupational disease from performing his work in the last occupation in which injuriously exposed to the hazards of such disease or from performing any work in any other occupation for remuneration. Remuneration for work performed in any other occupation, as herein used, shall mean remuneration which equals or exceeds 33.1% of the average weekly wages of the employee at the time of last injurious exposure, determined as defined in the Workmen's Compensation Law, or $20.00 per week, whichever is lesser. "Disability" means the state of being so totally mcapacitated.
114-803. "Occupational disease" defined.-Whenever used in this chapter, the term "occupational disease" shall include only those diseases hereinafter listed in this section and shall be construed to mean only such listed disease which is due to causes and conditions which are characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease, (excluding all ordinary diseases of life to which the general public are exposed) , to wit:
1. Poisoning by (a) Arsenic (b) Benzol (Benzene) (c) Cadmium (d) Carbon Disulphide (e) Carbon Monoxide (f) Chlorine (g) Chromium (h) Cutting compounds (i) Halogenated Hydrocarbons (j) Hydrochloric Acid (k) Hydrocyanic Acid

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273

(1) Hydrofluoric Acid (m) Hydrogen Sulphide (n) Lead (o) Manganese (p) Mercury (q) Methanol (Wood Alcohol) (r) Nitric Acid (s) Nitrous Fumes (Oxides of Nitrogen) (t) Sulphur Dioxide (u) Sulphuric Acid (v) Zinc
2. Diseased condition caused by exposure to X-rays or radioactive substances.
3. Asbestosis.
4. Silocisis.
114-804. False Representations by Employee.-No compensation shall be payable for an occupational disease if the employee, at the time of or in the course of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represented himself in writing to such employer as not having previously been disabled, laid off, or compensated in damages or otherwise, because of such disease.
114-805. Aggravation of Disease.-Where an occupational disease is aggravated by any other disease or infirmity not itself compensable or where disability or death from any other cause not itself compensable is aggravated, prolonged, accelerated, or in any otherwise contributed to by an occupational disease, the compensation payable shall be reduced and limited to such proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death as such occupational disease, as the causative factor, bears to all the causes of such disability or death, such red)lction in compensation to be affected by reducing the number of weekly payments or the amounts of such payments as in the circumstances of the particular case may be determined by the State Board of Workmen's Compensation.
114-806. When Relationship Arises After Disability.-No compensation for death from an occupational disease shall be payable to any person whose relationship to the deceased, which under the provisions of the Workmen's Compensation Law would give a right to compensation, arose subsequent to the beginning of the first compensable disability, save only to afterborn children of a marriage existing at the beginning of such a disability.
114-807. Partial Industrial Handicaps Payable.-The prOVISions of Section 114-406 of the Code of Georgia of 1933 with reference to permanent partial industrial handicaps shall apply in the case of "an occupational disease, save and except that there shall be no compensation due or payable for the partial loss of, or for partial loss or use of, a member, or for partial loss of vision of an eye, as now provided in said section.

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114-808. When This Chapter Takes Effect.-This chapter shall not apply to cases of occupational disease in which the last injurious exposure to the hazards of such disease occurred before this chapter shall have taken effect.

114-809. The Employer Liable Hereunder.-Where compensation is payable

for an occupational disease, the employer in whose employment the employee was

last injuriously exposed to the hazards of such disease and the insurance carrier, if

any, on the risk when such employee was last so exposed under such employer, shall

alone be liable therefor, without right of contribution from any prior employer or

insurance carrier; the amount of the compensation shall be based upon the average

weekly wages of the employee, as defined by the Workmen's Compensation Law, the

date when last so exposed under such employer being deemed to be the date of the

injury for the purpose of determining the average weekly wage; and the notice of

injury and claim for compensation, as required by Section 114-303 of the Code of

Georgia of 1933, et seq., shall be given and made to such employer; provided, how-

ever, that in case of silocosis or asbestosis, the only employer and insurance carrier

liable, if any, shall be the last employer in whose employment the employee was last

injuriously exposed to the hazards of the disease on each of at least sixty days or

more and the insurance carrier, if any, on the risk when the employee was last so

exposed under such employer.

.

114-810. Applicability of Other Sections of Workmen's Compensation Law.-All of the provisions of the existing law of Georgia known as Workmen's Compensation Law shall be applicable to this chapter, unless otherwise herein provided or inconsistent therewith.

114-811. Exclusiveness of Remedy.-Whenever an employer and employee are subject to the provisions of the Workmen's Compensation Law of Georgia, the liability of the employer under this chapter shall be exclusive and in place of any and all other civil liability whatsoever at common law or otherwise to such employee or his personal representative, next of kin, spouse, parents, guardian or any others, on account of disability or death from any disease or ~njury to health as defined in this chapter in any way incurred by such employee in the course of or because of his employment. An employee who suffers disablement or death from any disease or injury not listed in Section 114-803 of this chapter, shall not be deprived of any common law rights under existing laws.

114-812. Definition of "Silicosis" and "Asbestosis."-(a) Whenever used in this chapter, "silicosis" shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy. (b) Wherever used in this chapter, "asbestosis" shall mean a disease of the lungs, caused by breathing asbestos dust, characterized anatomically by generalized fibrotic changes in the lungs, demonstrated hy X-ray examination or by autopsy.

114-813. Meaning of Disablement From Silicosis or Asbestosis.-In the case of silicosis or asbestosis, "disablement" means the event of an employee becoming actually incapacitated because of silicosis or asbestosis from performing his work in the last occupation in which injuriously exposed to the hazards of silicosis or asbestosis,

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275

or from performing any work in any other occupation for remuneration. Remuneration for work performed in any other occupation as herein used shall mean remune-
ration which equals or exceeds 33 ;3 % of the average weekly wages of the employee
at the time of last injurious exposure, determined as defined in the Workmen's Compensation Law, or $20.00 per week, whichever is lesser. "Disability" means the state of being so totally incapacitated.
114-814. Presumption of Disability or Death From Silicosis or Asbestosis.-In the absence of a clear preponderance of evidence in favor of the claimant, disability or death from silicosis or asbestosis shall be presumed not to be due to the nature of any occupation within the provisions of this chapter unless during the ten years immediately preceding the date of the disablement, the employee has been exposed to the inhalation of free silica dust (silicon dioxide) or asbestos dust over a period of not less than five years, two years of which shall have been in this state under employment existing in this state; provided, however, that if the employee shall have been employed by the same employer during the whole of said five-year period, his right of compensation against such employer shall not be affected by the fact that he has been employed during any part of such period outside of this state. As used in this section, the word "year" shall be construed to mean at least 200 days of ex- posure by such employee in any twelve months' period.
114-815. Transitory Period for Silicosis or Asbestosis.-During the transitory period the aggregate compensation payable to employees or their dependents for liability or death from silicosis or asbestosis shall be limited as follows:
If disablement occurs, or, in case of no claim for prior disablement, if death occurs, in the calendar month in which this chapter becomes effective, the total compensation and death benefits payable shall not exceed the sum of $500.00.
If disablement occurs, or in case of no claim for prior disablement, if death occurs during the next calendar month, the total compensation and death benefits payable shall not exceed the sum of $550.00.
Thereafter, the maximum amount of compensation and death benefits payable for disability or death shall increase at the rate of $50.00 per month, the aggregate payable in each case to be limited to the foregoing formula for the month in which dif.ability occurs or, in case of no claim for prior disablement, in which death occurs; provided, however, that the maximum amount of compensation payable hereunder shall be as provided for total incapacity by Section 114-404 of the Code of Georgia of 1933, as amended, or, in case of permanent partial industrial handicap, as provided in Section 114-406 of the Code of Georgia of 1933 as herein limited, or, in the event of death, by Section 114-413 of the Code of Georgia of 1933, as amended.
114-816. Examination of New Employees.-The State Board of Workmen's Compensation shall, within 30 days after this act becomes effective, designate by order the specific occupations found subject to exposure to the hazards of silicosis or asbestosis and shall notify the employers of the employees then engaged in such occupations of the necessity of compulsory examinations as hereinafter set forth, provided, that in the case of the commencement of a new business engaged in such

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hazardous occupation, the employer will, in like manner, be notified within 30 days after the commencement of business. Thereafter, except as otherwise provided herein, it shall be the duty of every employer in the conduct of whose business his employees or any of them are subjected to the hazards of silicosis or asbestosis, to provide prior to employment, or within 30 days after being employed, a necessary medical examination by a competent physician of all new or prospective employees who will be exposed to such hazards, whether they be employees being employed for the first time or reemployed after exposure (known to the employer) in the employ of another employer, for the purpose of ascertaining if they are in any degree affected by silicosis or asbestosis. The refusal of an employee to submit to any such examination shall bar such employee from compensation or other benefits provided by this chapter in the event of disablement or death resulting from exposure to the hazards of silicosis or asbestosis subsequent to such refusal. The failure of an employer to provide for any such !!Xamination when so ordered by the State Board of Workmen's Compensation shall constitute a misdemeanor and shall be punishable as such. The failure of the State Board of Workmen's Compensation to notify any employer as above provided, shall not be deemed to relieve the employer of any liability under this chapter.
114-817. Waiver of Compensation for Aggravation of Condition by Silicosis or Asbestosis.-Where an employee, or prospective employee, though not actually disabled, is found to be affected by silicosis or asbestosis, he may, subject to the approval of the Medical Board, be permitted to waive in writing full compensation for any aggravation of his condition that may result from his continuing in his hazardous occupation. In the event of total disablement or death as a result of the disease with which the employee was so affected after such a waiver, compensation shall nevertheless be payable as herein provided, but in no case, whether for disability or death or both, for longer than 100 weeks or to exceed $2,000.00 in the aggregate. The waiver so permitted shall remain effective for the trade, occupation, process or employment for which executed, notwithstanding a change or changes of employer. Where such waiver has once been entered and filed with the State Board of Workmen's Compensation, the board may in its discretion waive any further examination in case of change of employment. The State Board of Workmen's Compensation shall make reasonable rules and regulations relative to the form, execution, filing and registration for public inspection of waivers or records thereof.
114-818. Autopsy on Death From Occupational Disease.-Upon the filing of a claim for compensation for death from an occupational disease wi)ere an autopsy is necessary accurately and scientifically to ascertain or determine the cause of death, such autopsy shall be ordered by the Medical Board. Members of such Medical Board may perform such autopsy as said Medical Board may specify and designate a li::ensed physician, who is a specialist in such exercise, to perform or attend such autopsy and certify his findings thereof. All parties at interest to such claim shall be notified of the time and place of such autopsy and shall have the right to have his own physician present thereat. Such findings shall be filed with said Board of Workmen's Compensation and the Medical Board, and shall become a part of the record in such case. In the event no claim has been filed, the State Board of Work-

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277

men's Compensation may exercise such authority on its own motion or on application made at any time, upon presentation of facts showing that a controversy may arise in regard to the cause of death or the existence of any occupational disease. The said Board of Workmen's Compensation is authorized to charge the expense of any such autopsy against the party requesting the same.
114-819. Investigation by Medical Board.-ln any claim for compensation for an occupational disease where any medical question shall be in controversy, the State Board of Workmen's Compensation shall refer the case to the Medical Board for investigation and report. No award shall be made in such case until the Medical Board shall have duly investigated the case and made its report with respect to all medical questions at issue. The date of disablement, if in dispute, shall be deemed a medical question.
114-820. Hearing by Medical Board.-The Medical Board, upon reference to it of a claim for compensation for an occupational disease, shall notify the claimant or claimants and the employer and insurance carrier, if any, to appear before the Medical Board at a time and place stated in the notice, and shall examine the employee. If the employee be living, he shall appear before the Medical Board at the time and place specified, then or thereafter to submit to such examinations, including clinical and X-ray examinations, as the Medical Board may require. The claimant and his employer or insurance carrier shall each be entitled to be present and at his own expense to have present at all examinations conducted by the Medical Board a physician admitted to practice medicine in the state who shall be given every reasonable facility for part'icipating in every such examination. If a physician admitted to practice medicine in the state shall certify that the employee is physically unable to appear at the time and place designated by the Medical Board, such board may, on notice to the parties, change the place and time of examination to such other place and time as may reasonably facilitate the examination of the employee. Proceedings shall be suspended and no compensation shall be payable for any period during which the employee may fail or refuse to submit to such an examination.
114-821. Report of Medical Board.-The Medical Board shall, as soon as practicable after it has been completed its consideration of the case, report in writing its findings and conclusions on every medical question in controversy and file the f.ame with the State Board of Workmen's Compensation. If the date of disablement is controverted and cannot be fixed scientifically, the Medical Board shall fix the most probable date, having regard to all the circumstances of the case.
114-822. Medical Board.-There is hereby created and constituted a Medical Board to pass on controversial medical questions in claims for compensation growing out of death or disability on account of occupational diseases. Such Medical Board shall be appointed by the governor in the following manner: As soon as practicable after the passage of this act, the Medical Association of Georgia, under procedure prescribed by it, shall nominate to the governor the names of ten physicians licensed and qualified to practice medicine in the State of Georgia, with particular reference to their training and experience in the fields of internal medicine, roentgenology, diseases of the chest, pathology, diseases of the skin, and toxicology. The members of

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said Medical Board so nominated shall be appointed as nearly as is practicable from different geographical sections of the state. From said list so nominated for the organization of said Medical Board, the governor shall select five physicians to compose said board. One of said members shall be designated by the governor to act as chairman. Such members of the board shall be appointed for terms of one, two, three, four and five years, and thereafter, their successors shall be appointed for terms of two years each. The members of said board shall meet at the call of the chairman at a place to be designated by him. The State Board of Workmen's Compensation shall be authorized to expend for the proper performance of the duties of said Medical Board such sums as may be deemed necessary in order to effectuate the purposes of said board, and while actually engaged in the performance of their duties the members of that board shall be paid their reasonable and necessary traveling expenses incurred in line of duty and a compensation to be fixed by the State Board of Workmen's Compensation on a scale not to exceed $50.00 per day.
The functions of said board shall be as set forth in this chapter, and it shall be authorized to hear and determine controversial issues of medical facts arising from claims for compensation growing out of occupational diseases. As and when vacancies occur upon said board by death, disability, resignation or expiration of term of office, the Medical Association of Georgia shall nominate to the governor at least two physicians for each vacancy as herein set forth, and the governor shall appoint from the list so furnished the member or members to fill the existing vacancy or vacancies.
In the event that the said Medical Association of Georgia should fail and refuse after a reasonable time to nominate to the governor the members of said board as originally to be appointed or for any vacancy (the governor being the judge of what constitutes a reasonable time hereunder), the State Board of Workmen's Compensation shall have the authority to nominate to the governor the members of said board in the same manner as herein set forth for nominations by the Medical Association of Georgia.
114-823. Procedure Before Medical Board.-The said Medical Board shall have the authority to make reasonable rules and regulations for the examinations of claimants and autopsies as provided in this chapter. Any examination by said Medical Board shall be held as soon as practicable after the same has been referred to it by the State Board of Workmen's Compensation. Said Medical Board shall set a date for the examination and shall notify the parties at issue of the time and place of such examination. The examination shall be held in the county where the injury occurred, if the same occurred in this state, unless otherwise agreed between the parties and authorized by said Medical Board, except that if the facilities for such examination in the county where the injury occurred are not considered by the Medical Board to be adequate, the examination may be held in any other county in the state which will, in the discretion of said Medical Board, be the most convenient for such examination. If the injury occurred without this state and is one for which compensation is payable under the Workmen's Compensation Law, then the examination shall be held in the county of the employer's residence or place of business or

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279

any other county in the state which will, in the discretion of said Medical Board, be the most convenient for such examination.
Said Medical Board shall provide that one of its members examine the claimant and hear medical evidence as to the condition of the employee, as provided in this chapter and under the provisions thereof, and report such findings to the Medical Board, which Medical Board shall consider the evidence, including X-rays and testimony of other physicians or witnesses, and make and file its report to the State Board of Workmen's Compensation as herein provided. Any three members of said Medical Board may determine and render a decision in any case under the provisions of this chapter, and in all meetings of the board a quorum shall consist of any three members of said board, who shall be authorized to transact any business under this chapter. Said report shall contain the evidence introduced and considered before said Medical Board and the member thereof who heard said matter, together with any and all medical reports, X-rays and examinations produced by or on behalf of the employee or claimant or employer, and the conclusions and findings of said Medical Board. The State Board of Workmen's Compensation shall have full authority, as and when said report is filed with it by the Medical Board, to examine the members of said Medical Board or any of them participating in said decision as to the correctness of such findings, which said examination shall be a part of the final report of said Medical Board. As soon as practicable after said report is filed by the Medical Board with the State Board of Workmen's Compensation, said State Board of Workmen's Compensation shall send one copy of said report to the employee or claimant and one copy each to the employer and his insurance carrier, if any.
Either party to the dispute may, within thirty days from the date the final report or decision of said Medical Board is so mailed, but not thereafter, appeal from the decision of such Medical Board in the following manner, viz: The party conceiving himself to be aggrieved may file in writing with said Medical Board an appeal from the findings or decision of said Medical Board, stating generally the grounds thereof and why such aggrieved party believes the decision of said Medical Board was erroneous. Said appeal may set out in affidavit form additional medical evidence. Said aggrieved party in said appeal may further propound to the members of said Medical Board or any of them, or to any of the physicians who testified at said original examination, questions pertaining to medical evidence, and the said Medical Board shall see that the said interrogatories so propounded are answered under oath and made a part of the final decision on said appeal unless relieved from answering by a decision of the State Board of Workmen's Compensation; or said aggrieved party in said appeal, on proper notice and request to said Medical Board, may, in like manner, orally examine the members of said board or any of them at such time and place, as may be designated by said Medical Board. Said Medical Board shall have the right in its discretion, upon such appeal, to reassign said matter for another or additional examination or for the taking of such additional evidence as in its discretion it may deem proper.
The Medical Board shall, as soon as practicable, consider said appeal and render in writing its findings and conclusions thereon and file the same with the State Board of Workmen's Compensation. A copy of said findings and conclusions on said appeal

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shall be mailed by the State Board of Workmen's Compensation to the employee or claimant, the employer and his insurance carrier, if any.
Said report of the Medical Board upon such original examination or upon appeal, as hereinbefore provided, shall become a part of the record in the case and shall be accepted by the State Board of Workmen's Compensation as conclusive upon the medical questions therein decided, and the award thereafter made by the State Board of Workmen's Compensation shall conform to the 'findings and conclusions in said report insofar as restricted to medical questions, provided, however, that upon a review by the State Board of Workmen's Compensation as provided in Section 114-708 of the Code of Georgia of 1933, or upon an appeal by an aggrieved party from the final decision of the board, as provided in Section 114-710 of the Code of Georgia of 1933, such aggrieved party shall have the right, as grounds for showing that said award of the State Board of Workmen's Compensation was erroneous, to except to the decision of said Medical Board upon said medical questions upon the ground that said Medical Board acted without or in excess of its powers, the findings of said Medical Board were procured by fraud, the facts found by the Medical Board did not support the decision of said Board, that there was not sufficient competent evidence in the record to warrant the Medical Board in making the decision complained of, or that the decision of the Medical Board was contrary to law.
114-824. Medical Expenses.-Any claimant or employee who shall be entitled to compensation under the terms of this chapter shall be entitled to medical, surgical, hospital and other treatment in an amount not to exceed $500.00, and shall in addition to any other compensation be entitled in the event of death to burial expenses not to exceed the sum of $100.00. The provisions of subsection (a) of Section 114-413 of the Code of Georgia of 1933 shall not be applicable in occupational disease cases.
114-825. When Claims Become Effective.-The provisions of this chapter shall become effective three months from the date of the approval of this act by the governor.
114-826. Expenses Under This Chapter, How P'ayable.-The total expenses of the State Board of Workmen's Compensation, including the expenses of the Medical Board as herein provided, for the administration, operation and proper functioning of the board under this chapter, shall be a proper charge under Section 114-717 of the Code of Georgia of 1933 and shall be payable as provided in said section.
114-827. Reports to State Board of Health.-It shall be the duty of the State Board of Workmen's Compensation to report to the State Board of Health all occupations found to be hazardous and all cases of occupational disease which are filed in the office of the State Board of Workmen's Compensation. The forms for such reports shall be supplied to the State Board of Workm~n's Compensation by the State Board of Health.
Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this act be and the same are hereby repealed.
Mr. Ray of Warren moved the previous question, the motion prevailed and the main question was ordered.

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281

The report of the committe~, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill by substitute, the ayes were 117, the nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 273. By Mr. Hodges of the 26th:
A bill to be entitled an act to create a new charter for the City of Jackson, to define the corporate limits; to provide for the election of its officers and prescribe their duties to provide for filling vacancies in said city; to define the duties of mayor; to fix the salaries of mayor and council; to provide for the election of all employees of said city and to define their duties; to provide for the collection of license taxes; to provide for the manner in which property may be returned for. taxation, etc.; and for other purposes.

Mr. Wells of Ben Hill 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 478 HB 584 HB 651 HB 656 HB 658 HB672 HB 709 HB 715 HB 726 HB 729

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HB 731 HB 733 HB 736 HB740 HB 742 HB 743 HB 751 HB 752 HB 753 HB 755 HB 756 HB 761 HB 714

Respectfully submitted,
Wells of Ben Hill, Chairman.

Mr. Wells of Ben Hill 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 169
HB 640 HB 686
HB 688 HB 723
HB 735
HB744
HB 749 HB 732

TUESDAY, JANUARY 22, 1946

283

HR 159

Respectfully submitted,
Wells of Ben Hill, Chairman.

Mr. Gowen of Glynn moved that the House do now adjourn, the motion prevailed and the speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

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Representative Hall, Atlanta, Georgia, Wednesday, January 23, 1946.
The House met pursuant to adjournment this day at 10:00 o'clock, was called to order by the speaker, and opened with scripture reading and prayer by the chaplain.
The call of the roll was dispensed with.
Mr. Evitt of Catoosa, chairman of the Committee on Journals, reported the journal of yesterday's proceedings had been read and found correct.
The journal was confirmed. By unanimous consent the following was established as the regular order of business during the first part of the period of unanimous consent:
I. Introduction of bills and resolutions.
2. First reading and reference of House hills and resolutions.
3. Report of standing committees.
4. Second reading of hills and resolutions favorably reported.
5. Third reading and passage of uncontested local hills and resolutions.
6. First reading and reference of Senate hills.
By unanimous consent the following hills and/or resolutions were introduced, read the first time and referred to committees:

HB 805. By Messrs. Connerat, McNall and Alexander of Chatham:
A bill to he entitled an act to amend the charter of the City of Savannah to authorize the city to provide for group insurance for its employees; and for other purposes.
Referred to Committee on Municipal Government.

HB 806. By Messrs. Holley, Harris and King of Richmond:
A hill to he entitled an act to change the name of the reformatory institute of Richmond county to the Richmond County Juvenile Institute, and to provide for the management of the same; and for other purposes.
Referred to Committee on Counties and County Matters. ,

Mr. Bloodworth of Bibb county, chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the

WEDNESDAY, JANUARY 23, 1946

285

following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HB 801. Do Pass
Respectfully submitted,
Bloodworth of Bibb, Chairman.

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 recommendation:
HB 768. Do Pass
Respectfully submitted,
Gowen of Glynn, Chairman.

, Mr. Baker of Floyd county, chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary have had under consideration the following bill of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SB 284. Do Pass
Respectfully submitted,
Baker of Floyd, Chairman.

Mr. Swint of Spalding county, chairman of the Committee on General Agriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 2 have had under consideration the following bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:

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JOURNAL OF THE HOUSE,

H B 802. Do Pass

Respectfully submitted,

Swint of Spalding, Chairman.

Mr. Pittman of Bartow 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 resolution of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SR 58. Do Pass
Respectfully submitted,
Pittman of Bartow, 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 Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SB 262. Do Pass
Respectfully submitted,
Hicks of Floyd, Chairman.

Mr. Price of Clarke county, chairman of the Committee on Veterans' Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Veterans' Affairs have had under consideration the following bill of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SB 224. Do Pass
Respectfully submitted,
Price of Clarke, Chairman.

WEDNESDAY, JANUARY 23, 1946

287

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 recommendation:
SB 234. Do Pass
Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Arnall of Coweta 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 Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SB 249. Do Pass
Respectfully submitted,
Arnall of Coweta, 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 resolution of the House and have instructed me as chairman, to report the same back to the House with the following recommendation:
HR 185-800a. Do Pass
Respectfully submitted,
Hatchett of Meriwether, Chairman.
Mr. Sills of Candler county, chairman of the Committee on Countie~ and County Matters, submitted the following report:
Mr. Speaker:

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JOURNAL OF THE HOUSE,

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 803. Do Pass
HB 804. Do Pass
Respectfully submitted,
Sills of Candler, Chairman.

Mr. Pannell of Murray 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 721. Do Pass
SB 267. Do Not Pass
SB 104. Do Not Pass
SB 122. Do Not Pass
Respectfully submitted,
Pannell of Murray, 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 recommendation:
HB 800. Do Pass
Respectfully submitted,
Mason of Morgan, Chairman.

Mr. Gowen of Glynn county, chairman of the Committee on Appropriations, submitted the following report:

WEDNESDAY, JANUARY 23, 1946

289

Mr. Speaker:
Your Committee on Appropriations have had under consideration the following bill and resolution of the House and have instructed me as chairman, to report the same back to the House with the following recommendations:
HB 799. Do Pass by Substitute
HR 176-774a. Do Pass
Respectfully submitted,
Gowen of Glynn, Chairman.

By unanimous consent the following bills and resolutions of the House and Senate were favorably reported and read the second time:
HB 768. By Messrs. Roughton of Washington, Thompson and Hatchett of Meriwether; and others:
A bill to be entitled an act to make an appropriation of $34,548,000 to the Department of Education for the purpose of increasing teachers' salaries 50% ; and for other purposes.

HB 801. By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the Town of Woodbine so as to provide for zoning regulations and building codes; and for other purposes.

HB 802. By Messrs. Hardy and Lancaster of Hall, Looper of Dawson, Holbrook of Forsyth, Hefner of Pickens, and Sparks of Towns:
A bill to be entitled an act to provide for the purchase and use of sulfaquanadine and sulfa-thiozol by poultry flock owners, and dealers in poultry supplies; and for other purposes.

HB 803. By Messrs. Glisson of Evans, Watford of Long, Burch of Dodge, Dykes of Bleckley, and DeFoor of Mcintosh:
A bill to be entitled an act to provide a salary of $50 per month to the ordinaries in counties having a population of not less than 4,000 and not greater than 10,000 in addition to their fees; and for other purposes.
HR 185-800a. By Mr. Swint of Spalding:
A resolution proposing an amendment to Article 8, Section 5, Paragraph I of the Constitution to provide for a division of Spalding county into school districts and for election of members of the County Board of Education:; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 224. By Senators Stone of the 15th, and Gould of the 4th:
A bill to be entitled an act to amend an act approved March 15, 1935 Georgia Laws 1935, pp. 163-166) as amended by act approved March 20, 1943 (Georgia Laws 1943, pp. 617-619) providing for the issuance of certificates of exemption from the payment of peddlers and business license tax to holders of disability veterans license so as to include veterans of the Philippine Insurrection and the Boxer Rebellion; and for other purposes.

SB 234. By Senator Gross of the 31st:
A bill to be entitled an act to establish a Merit System in the Classified Service of the State of Georgia; to establish a State Personnel Department and establish a State Personnel Board; and for other purposes.

SB 249. By Senator Stone of the 15th:
A bill to be entitled an act to amend Section 84-2011 of the Code of Georgia, 1933, providing that veterans holding a certificate of exemption may own and operate rolling stores without payment of licenses; and for other purposes.

SB 262. By Senator Grayson of the 1st:
A bill to be entitled an act to revise the divorce laws of the state to provide for trials with or without a jury; and for other purposes.

SR 58. By Senator Stone of the 15th:
A resolution proposing an amendment to Par. IV, Sec. I, Art. VII of the Constitution of 1877 as amended in 1945, to provide an exemption from all taxation any and all property owned by any recognized veterans organization that is chartered by act of United States Congress; and for other purposes.

SB 284. By Senators Mavity of the 44th, and Freeman of the 22nd:
A bill to be entitled an act to create a State Board of Corrections to be 'composed of five members and to fix their term and compensation; and for other purposes.

HB 804. By Mr. Dykes of Bleckley:
A bill to be entitled an act to provide the method of distributing fines and forfeitures in Bleckley county courts to the officers of the court; and for other purposes.

HB 721. By Messrs. Dykes of Bleckley, and Dupree of Pulaski:

WEDNESDAY, JANUARY 23, 1946

291

A bill to be entitled an act to provide the method of distribution of fines and forfeitures in criminal cases in the Oconee Judicial Circuit; and for other purposes.

HB 799. By Messrs. Garrison of Habersham, Mason of Morgan, Williams of
Coffee, Lam of Troup, and Harrison of Jenkins: A bill to be entitled an act to appropriate $100,000 for the erection of a building at the Georgia Vocational School at Clarkesville; and for other purposes.

HB 800. By Mr. Fortson of Wilkes:
A bill to be entitled an act to amend the Milk Control Board Act by striking the words "Ice Cream Mix" in .the 9th paragraph of Section 2; and for other purposes.

HR 176. By Messrs. Jackson of Washington, and Roughton of Washington:
A resolution to appropriate $106.25 to pay C. R. Jones for corn destroyed by fire started by employees of the State Highway Department, while burning the sides of the highway; and for other purposes.

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

SB 274. By Senator Minchew of the 5th:
A bill to be entitled an act to amend an act approved February 23, 1939 (Ga. Laws 1939, pp. 507-509) amending an act approved July 23, 1931 (Ga. Laws 1931, pp 380-385) creating the office of Commissioners of Roads and Revenues in the County of Atkinson, to provide for the election of such commissioner, define his duties and to provide for his compensation; and for other purposes.

SB 289. By Senator Causey of the 46th:
A bill to be entitled an act to provide for and fix the compensation and the method of payment thereof to the clerks of the superior courts and the ordinaries, and other state officials of the State of Georgia for preparing, certifying and furnishing certified copies of all necessary records needed by veterans of the armed forces serving for the United States during the present war, generally called World War II, or by dependents of the veterans

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JOURNAL OF THE HOUSE,

for establishing benefits payable by or through the Veterans Administration, etc. ; and for other purposes.

SB 285. By Senator Gross of the 31st:
A bill to be entitled an act to amend Section 92-6215 of the Code of 1933
entitled, Questions for Taxpayers, by striking from line 5 the word "poll";
and by striking from said section all of line 9, which reads as follows: "Are you subject to poll tax (Answer yes or no.)," and by inserting in lieu of said line 9, etc.; and for other purposes.

SB 243. By Senator Walker of the 45th:
A bill to be entitled an act to amend and revise the charter of the City of Fitzgerald; and for other purposes.

SB 279. By Senator Edenfield of the 2nd:
A bill to be entitled an act to authorize and permit a supplement to the salaries of the judge and solicitor general of the Atlantic Judicial Circuit; to provide for the method of paying said supplement; and for other purposes.

SR 70. By Senator Gross of the 31st:
A resolution approving the principle of world federation; and for other purposes.

SR 65. By Senator Freeman of the 22nd:
A resolution authorizing the State Department of Public Welfare of Georgia and the Budget Bureau to investigate the advisability and feasibility of establishing and maintaining a separate and distinct unit for the treatment of inebriates in connection with, or apart from, the Georgia State Hospital; and for other purposes.
SR 63. By Senator Mavity of the 44th:
A resolution authorizing the governor, acting for and on behalf of the State of Georgia, to trade certain land owned by the state for 1210 acres, more or less, adjoining the State Park in Dade county; and for other purposes.
SR 20. By Senators Gross of the 31st and Harrell of the 7th:
A resolution authorizing the State Properties Commission to sell two acres of land, more or less, located in the Eighth District of Muscogee county, Georgia; to provide for method of sale ; to authorize the State Properties Commission to execute and. deliver a deed of conveyance to the purchaser conveying said tract of land; and for other purposes.

WE:DNESDAY, JANUARY 23, 1946

293

The following message was received from the Senate through Mrs. Nevin, the secretary thereof.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the Senate to wit:
SR 66. By Senator Harrell of the 7th:
A resolution to provide that the Department of Forestry of the State Division of Conservation be authorized, jointly with a county or counties, to establish air patrols for the detection, prevention and suppression of forest fires, and that the establishment of such air patrol be by mutual agreements between the Department of Forestry, etc.; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof.
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the Senate to wit:
SB 260. By Senators Grayson of the 1st, Harrell of the 7th, and Millican of the 52nd:
A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters' list at the general election of November 1944 in any county, city or town of the state must qualify to vote; and for other purposes.

SB 238. By Senator Daves of the 14th:
A bill to be entitled an act authorizing and directing the commtsstoner of roads and revenues of counties having a population of not less than 16,880 or more than 16,890 to pay to the sheriffs of such counties the sum of $75.00 per month in addition to the fees and compensation now paid to said sheriffs; and for other purposes.

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

HB 680. By Messrs. Hubert, McCurdy and McWhorter of DeKalb: A bill to be entitled an act to provide in every county in the State of Geor-

) ..

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JOURNAL OF THE HOusi

gia having a population of not less than 86,000 and not more than 90,000, no person, firm or corporation shall sell at either wholesale or retail, give away or distribute any fireworks in said county without first having obtained a license to sell or distribute fireworks from the Commissioner of Roads and Revenues of such county, or other governing body of said county; and for other purposes.

HB 632. By Mr. Mason of Morgan:
A bill to be entitled an act to amend the charter of the City of Madison to provide for extension of water mains; and for other purposes.

HB 646. By Mr. Crowley of McDuffie:
A bill to be entitled an act to amend the charter of the Town of Dearing to provide for the construction of a system of water works; and for other purposes.

HB 638. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the act creating the City Court of Brunswick to provide executions issued not to be entered upon execution docket; and for other purposes.

HB 652. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to give a fee simple title certain property now used by the city; and for other purposes.

HB 691. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Jackson in Telfair county by extending the corporation limits; and for other purposes.

HB 627. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to certain streets upon its city commission, etc.; and for other purposes.

HB 711. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville, to provide a referendum on the construction of a water works system; and for other purposes.

HB 701. By Messrs. Hicks, Littlejohn and Baker of Floyd:

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295

A bill to be entitled an act to amend the charter of the City of Rome to provide civil service for city employees; and for other purposes.

HB 657. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend an act entitled an act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester; to provide for incorporating said city under the name of College Park, etc.; and for other purposes.

The following message was received from the Senate through Mrs. 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 722. By Mr. Hicks of Floyd:
A bill to be entitled an act to increase the salary of the judge of the City Court of Rome; and for other purposes.

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

H B 673. By Messrs. Holleman, Shields, and Young of M uscogee:
A bill to be entitled an act to amend the charter of the City of Columbus, Georgia, providing for the recording and publication of ordinances of said city; and for other purposes.

HB 623. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled "An act to amend the charter of the City of Dalton by providing for incorporating into and as a part of said city certain territory contigous to the corporate limits of said City of Dalton; and for other purposes.

HB 636. By Messrs. Livingston and Lane of Polk:
A bill to be entitled an act to amend an act approved March 29, 1937, creating a new charter and municipal government for the City of Cedartown, in the County of Polk, and all acts amendatory thereof; and for other purp?ses.

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JOURNAL OF THE HOUSE,

HB 681. By Messrs. Hubert, McWhorter and McCurdy of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Chamblee, so as to authorize said municipality to enact zoning and planning ordinances; and for other purposes.

HB 634. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to amend an act establishing the Municipal Court of the City of Macon so as to regulate and define the procedure in said court, including costs and methods of appeal; and for other purposes.

HB 660. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus to provide absence of an officer or an employee for not exceeding 24 months shall not preclude them from receiving a pension; and for other purposes.

HB 710. By Messrs. Pittman and Pettit of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville, in Bartow county, Georgia, and the various acts amendatory thereof, so as to extend the corporate limits of said town; and for other purposes.
HB 708. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend the charter of the City of Milan to appoint a city treasurer and provide for the election of a successor and fixing his bond; and for other purposes.
The speaker presented to the House the Hon. Ellis D. Andrews, solici.tor general of the Fulton Superior Court, who briefly addressed the House.
The speaker recognized the presence in the gallery of the Eighth Grade Civic Class of Jackson, Ga.
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 Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the charter of the City of Atlanta by repealing Sections 6 and 7 of the charter approved March 9th, 1945; and for other purposes.
The report 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.
T.1e bill, having received the requisite constitutional majority, was passed.

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297

HB 783. By Mr. Sheffield of Miller:
A bill to be entitled an act to amend the charter of the City of Colquitt to authorize an ad valorem tax increase for ordinary expenses; and for other purposes.
The report 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 785. By Mr. Mann of Henry:
A bill to be entitled an act to divide Henry county into districts for the election of members of the Board of Commissioners 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 105, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 786. 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 East Point to provide a pension system for city employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 787. By Mrs. Mankin and Mr. Etheridge of Fulton:
A bill to be entitled an act to provide that the sheriff of Fulton county may appoint a chief deputy whose term of office shall not extend beyond the term of the sheriff; and for other purposes.
The repol't of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 788. By Mr. Etheridge and Mrs. Mankin of Fulton:

298

JOURNAL OF THE HOUSE,

A bill to be entitled an act to amend the civil service act of Fulton county to provide that the secretary and chief deputy of the sheriff will not be classified employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 790. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to authorize the city council to fix the salary of the commissioner of public safety at not less than 5,000 dollars per annum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 791. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta by repealing acts approved August 7, 1907 (Ga. Laws 1907, pp. 413-414) and approved August 15, 1913 (Ga. Laws 1913, pp. 604-611); and for other purposes.
The report 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 792. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to prescribe the time and method of electing members of city 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 111, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 235. By Senator Hodges of the 26th:

WEDNESDAY, JANUARY 23, 1946

299

A bill to be entitled an act to amend the act with reference to county commissioners of Butts county so as to provide that two members of the Board of Commissioners shall constitute a quorum for the transaction of all business; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 251. By Senator Millican of the 52nd:
A bill to be entitled an act authorizing the Board of Commissioners of Roads and Revenues for Fulton county to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

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

SB 238. By Senator Daves of the 14th:
A bill to be entitled an act to provide a salary for the sheriff of Dooly county in addition to fees; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 243. By Senator Walker of the 45th:
A bill to be entitled an act to amend the charter of the City of Fitzgerald to provide for zoning and planning ordinances; and for other purposes.
Referred to Committee on Municipal Government.

SB 252. By Senator Caldwell of the 37th:
A bill to be entitled an act to carry into effect Paragraph 4 of Section I of Article 7 of the Constitution of Georgia with reference to the exemption of taxation of certain property therein described; and for other purposes.
Referred to Committee on Finance.

300

JOURNAL OF THE HOUSE,

SB 260. By Senators Grayson of the 1st, Millican of the 52nd, and Harrell of the 7th:
A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters list at the general election of November 1944 in any county, city or town of the state must qualify to vote; and for other purposes.
Referred to Committee on Privileges and Elections.

SB 273. By Senator Hodges of the 26th:
A bill to be entitled an act to create a new charter for the City of Jackson and define the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

SB 274. By Senator Minchew of the 5th:
A bill to be entitled an act to fix the salary of the commissioner of Atkinson county at $1,800.00 a year; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 276. By Senator Rainey of the 11th:
A bill to be entitled an act to amend the charter of the City of Dawson to provide for zoning and planning ordinances; and for other purposes:
Referred to Committee on Municipal Government.

SB 279. By Senator Edenfield of the 2nd:
A bill to be entitled an act to provide that Mcintosh county, may supplement the salary of the judge and solicitor general of the Atlanta Judicial Circuit; and for other purposes.
Referred to Committee on General Judiciary No. 2.

SB 280. By Senators Minchew of the 5th and Causey of the 46th:
A bill to be entitled an act to add mileage to the state aid system in Clinch, Atkinson, Coffee and Jeff Davis counties; and for other purposes.
Referred to Committee on Highways and Public Roads.

SB 281. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide that employees of the Department of Law shall be placed under the Civil Service; and for other purposes.

WEDNESDAY, JANUARY 23, 1946

301

Referred to Committee on Municipal Government.

SB 282. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide a pension to widows of members of the fire department who died in the army in the line of duty; and for other purposes.
Referred to Committee on Municipal Government.

SB 283. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta providing for compulsory retirement of city employees at the age of 65; and for other purposes.
Referred to Committee on Municipal Government.

SB 285. By Senator Gross of the 31st:

A bill to be entitled an act to amend Code Section 92-6215 by striking the
word "poll" in line 5 and by striking the words "Are you subject to poll
tax-(answer yes or no)" and inserting in lieu of said words the following: "Are you a registered voter? If so, what district?"; and for other purposes.



Referred to Committee on Counties and County Matters

SB 289. By Senator Causey of the 46th:
A bill to be entitled an act to provide for and fix compensation for clerks of the superior court and ordinaries of the state for preparing certified copies of records for veterans of the armed forces; and for other purposes.
Referred to Committee on Veterans' Affairs.

SR 20. By Senators Gross of the 31st and Harrell of the 7th:
A resolution authorizing the State Properties Commission to sell two acres of land located in the Eighth District of M uscogee county; and for other purposes.
Referred to Committee on Public Property.

SR 63. By Senator Mavity of the 44th:
A resolution authorizing the governor to trade certain land owned by the state for 121Yz acres adjoining the State Park in Dade county; and for other purposes.
Referred to Committee on Public Property.

302

JOURNAL OF THE HOUSE,

SR 65. By Senator Freeman of the 22nd:
A resolution authorizing the Department of Public Welfare to provide an institution for the treatment of inebriates; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

SB 270. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the act creating a Civil Service Board for Fulton county, to provide for the appointment and removal of the members of the board; and for other purposes.
Referred to Committee on Counties and County Matters.

SR 66. By Senator Harrell of the 7th:
A resolution providing the Department of Forestry be authorized jointly with the county or counties to establish air patrols for the protection, prevention, and supervision of forest fires; and for other purposes.
Referred to Committee on Conservation.

The speaker presented to the House the Hon. Eugene Cook, attorney general of Georgia, who briefly addressed the House:
The speaker recognized the presence in the gallery of the Ninth Grade of Bass Junior High School, Atlanta, Georgia, and also the Sixth Grade Class of Smiley School, Atlanta, Georgia.
The following resolution was read and adopted:
SR 70. By Senator Gross of the 31st:
A resolution approving the principle of World Federation; and for other purposes.

The Speaker presented to the House Dr. Guy H. Welles, president of the State Teacher's College for Women of Milledgeville, Georgia, who briefly addressed the House.
The speaker recognized the presence in the gallery of the Ninth Grade of Smyrna High School, Smyrna, Georgia, and also the Junior and Senior Classes of the John McEachern Schools of Cobb county.

The following message was received from the Senate through lVIrs. Nevin, the secretary thereof.
Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the

WEDNESDAY, JANUARY 23, 1946

303

following bills of the House to wit:
HB 580. By Messrs. Hatchett and Thompson of Meriwether, Mrs. Guerry of
Macon, Lam of Troup, and Kenimer of Harris: A bill to be entitled an act to repeal Code Section 32-1006 and substitute a new section to provide county superintendents of schools shall be classified and certified under the provisions of Acts 1937, pp. 882-885; to provide that the State Board of Education shall fix their salaries; and for other purposes.

HB 690. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend motor common carriers act by limiting the granting of certificates where another carrier is already the holder of a certificate; and for other purposes.

The following message was received from the Senate through Mrs. 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:
HR 166. By Messrs. Oakley of Barrow, Campbell of Newton, Almand of Walton,
and others:
A bill to be entitled an act to provide for compensation and the method of payment thereof to the clerks of the superior courts of the State of Georgia for recording the enlistment records and discharges of any and all persons serving in the armed forces of the United States during the present war, generally called World War Number Two; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House to wit:
HR 186. By Messrs. Harris of Richmond, Adams of Wheeler, Whaley of Telfair,
and others:
A resolution requesting that the Civilian Production Administration rescind Rosin Order M-387 so that rosin and turpentine may be sold for other than war purposes; and for other purposes.

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

304

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House to wit:
HB 705. By Messrs. Young of Muscogee, Morrison of Montgomery, and others:
A bill to be entitled an act to amend Code Section 92-2902 by decreasing the fee for truck trailers or semi-trailers in the state; and for other purposes.

Under the special and continuing 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:
HR 151-644a. By Messrs. Gowen and Gilbert of Glynn:
A resolution authorizing the governor to execute a deed to certain lands in Glynn county to Boys Estate, Incorporated, to be used as a home for underprivileged boys; 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.

HR 149-633a. By Messrs. Harris, King and Holley of Richmond:
A resolution authorizing the director of the Department of Forestry to lease certain lands to Richmond county; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 103, the nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 696. By Messrs. Kenimer of Harris, Hatchett of Meriwether, and Lam of Troup:
A bill to be entitled an act to provide that the courts of ordinary shall try and impose sentences for violation of the compulsory school attendance law; and for other purposes.
The following amendment was read and adopted:
Messrs. Pannell of Murray and Brooke of Whitfield moved to amend HB 696,

WEDNESDAY, JANUARY 23, 1946

305

which relates to defining and enlarging the jurisdiction of courts of ordinary so as to enable such courts to conduct trials, receive pleas of guilty, and impose sentences upon defendants violating the compulsory school attendance law now of force or which may hereinafter be enacted, where the penalty for violation of such act does not exceed that of a misdemeanor; and providing for the procedure, cost, disposal
of cases and appeal, by striking the final sentence of Section 5 of said bill, and
inserting in-lieu thereof the following:
"In all cases where the defendant seeks to review the finding of the court of ordinary by appeal as hereinafter provided, the court of ordinary shall require an appearance bond; and in addition to the above costs the ordinary shall be paid the sum of $1.00 for taking such bond and the sum of $2.50 for transmitting the record to the Superior Court"; and by striking Section 6 of said bill and inserting in lieu thereof a new Section 6, to read as follows:
"Section 6. In all cases where the defendant is tried by the court of the ordinary and is found guilty, he shall have the right to enter an appeal to the superior court; provided, such defendant shall give appearance bond with the ordinary to answer the final judgment that may be entered by the superior court. The procedure for appeal of a finding of the court of ordinary to the superior court shall be under the same rules, regulations, restrictions, and liabilities as are now provided in cases of appeals from the justice of the peace courts to the superior courts."
Mr. Durden of Dougherty moved the previous question.
Mr. Smith of Bryan moved that the bill and amendment be tabled, and the motion to table taking precedence over the motion for the previous question, the motion to table prevailed.
On the motion to table HB 696 the ayes were 62, the nays 52, and the bill was tabled.

HR 157-680b. By Messrs. Hardy and Lancaster of Hall: A resolution authorizing the Budget Bureau to pay H. E. Terrell, Jr., $4,404.75 as reimbursement for hospital and medical bills incurred as a result of injuries while instructor at the University of Georgia Aviation School; and for other purposes.
The resolution involving an appropriation, the House was resolved into a committee of the whole House, with instructions not to read the resolution in its entirety, and the speaker designated Mr. Arnold of Spalding as chairman thereof.
The committee of the whole House arose and through its chairman reported th~ resolution 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.
This resolution involving an appropriation, the roll was called and the vote was as follows:

306

JOURNAL OF THE HOUSE,

Those voting in the affirmative were:

Adams Alexander of Carroll Alexander of Chatham Ansley Arnold Banks Barrett Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Britton Brooke Brunson Burch Campbell Chance Chastain Cheek Cheshire Connell Cowart Crowley Dorsey of Cobb Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Fort$on Fowler Freeman Garrison Gary Gaskins Gavin Giddens Glisson Gowen Greene Greer Guerry Guyton

Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hurst Jackson Jennings of Terrell Kelley Kendrick
Kennon Kent King Knabb Lam Lancaster Lewis Littlejohn Livingston Looper McCracken McNall McWhorter Mallard Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach

Maund Mitchell Moore Mullinax Murphy Nicholson Oden Oliver O'Sheal Overby Parham Parks Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Price Ramey Ray Riddlespurger Ritchie Rowland Sapp Seagler Seagraves Sears Smiley Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Swint Thompson Thornton Thrash Twitty Weaver Wells of Ben Hill Wells of Lincoln Whaley
Williams of Jones Williams of Ware Willis Wilson

WEDNESDAY, JANUARY 23, 1946

307

Not voting were Adamson, Almand, Arnall, Baker, Bargeron, Barwick, Boynton, Brock, Brumby, Callaway, Cates, Claxton, Connerat, Crow, Culpepper, Dallis, DeFoor, Dorsey of White, Marion Ennis, Evitt, Gammage, Gibson, Gilbert, Griswell, Hall, Hampton, Hand, Hardy of Jackson, Herrin, Hicks, Hubert, Jennings of Sumter, Johns, Kenimer, Key, Lane, Lovett, McCurdy, Malone, Medders, Miller, Morrison, Mosley, Moye of Brooks, Moye of Randolph, Oakley, Odom, Pannell, Powell, Rossee, Roughton, Sheffield, Shields, Sills, Smith of Bryan, Strickland of Upson, Sumner, Trotter, Underwood, Watford, Williams of Appling, Williams of Coffee, Williams of Gwinnett, Williams of Toombs, Willoughby, Witherington, and Young.
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 majority, was adopted.

HB 648. By Mr. Key of Jasper, Connell of Lowndes, and others:

A bill to be entitled an act to provide a retirement fund for judges of the 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 roll was called and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander of Carroll Alexander of Chatham Ansley Arnold Banks Bargeron Barrett Beddingfield Bloodworth of Bibb Bloodworth of Houston Britton Brooke Burch Campbell Cates Chance Chastain Cheek Che9hire

Claxton Connell Cowart Crowley Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Dykes Ennis, J. H. Etheridge of Fulton Evitt Fortson Fowler Gammage Giddens Glisson Gowen Greene

Greer .Guerry Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hefner Hinson of Ware Holbrook Hollis Holloway Hubert Jennings of Terrell Kelley Kendrick Kenimer Kennon

308

JOURNAL OF THE HOUSE,

Kent Key King Knabb Lewis Littlejohn Livingston McCracken McCurdy McNall Mankin Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Maund Mitchell Moore Moye of Randolph Mullinax

Murphy Nicholson Oden O'Shea! Overby Pannell Parks Pettit Phillips Pittman of Bartow Pittman of Tift Porter Price Ray Riddlespurger Ritchie Sapp Seagraves Sears Sills Smiley Smith of Bryan

Smith of Emanuel Smith of Oglethorpe Strickland of Pike Sumne.r Swint Thompson Thrash Trotter Twitty Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Toombs Willis Wilson

Those voting in the negative were:

Adamson Battles Black Brunson Culpepper Garrison Gary Gavin

Guyton Hart Hatchett Herrin Hinson of Jeff Davis Hooks Hurst Jackson

Mallard Parham Pennington Rowland Seagler Sparks Thornton Witherington

Not voting were: Almand, Arnall, Baker, Barwick, Boynton, Brock, Brumby, Callaway, Connerat, Crow, Durden, Marion Ennis, Etheridge of Butts, Freeman, Gaskins, Gibson, Gilbert, Griswell, Hall, Hampton, Herndon, Hicks, Hill, Hogg, Holleman, Holley, Jennings of Sumter, Johns, Lam, Lancaster, Lane, Looper, Lovett, McWhorter, Malone, Mann of Henry, Medders, Miller, Morrison, Mosley, Moye of Brooks, Oakley, Odom, Oliver, Powell, Ramey, Rossee, Roughton, Sheffield, Shields, Strickland of Upson, Underwood, Williams of Gwinnett, Williams of Ware, Willoughby, and Young.

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

On the passage of the bill, the ayes were 124, the nays 24.

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

WEDNESDAY, JANUARY 23, 1946

309

HR 66-458B. By Mr. McCracken of Jefferson:
A resolution directing payment of balance due Riches, Piver Company for calcium arsenate purchased in the years 1921 through 1925; and for other purposes.
Mr. Durden moved that the House recess until 2:00 o'clock, the motion prevailed and the speaker announced the House recessed until 2 :00 o'clock.

2:00 o'clock p. m.

The speaker called the House to order.
The regular order of business was co~tinued and HR 66-458B was again taken up for consideration.

This resolution involving an appropriation, the House was resolved into the committee of the whole House with instructions not to read the resolution in its entirety, and the speaker appointed Mr. Pannell of Murray as chairman thereof.

The committee of the whole House arose and through its chairman reported the resolution back to the House with the recommendation that same do pass.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

This resolution involving an appropriation, the roll was called and the vote was as follows:

Those voting in the affirmative were:

Adams Adamson Alexander of Carroll Ansley Arnall Arnold Banks Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brooke Brunson Callaway

Campbell Cates Chance Chastain Cheek Cheshire Connell Cowart Crowley Dallis Dorsey of Cobb Dorsey of White Dupree Durden Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson

Freeman Gammage Gary Gaskins Gavin Giddens Gilbert Glisson Gowen Greene Greer Guerry Guyton Hampton Hand Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne, Hart Hatchett

310

JOURNAL OF THE HOUSE,

Herndon Herrin Hicks, Hinson of Jeff Davis Hinson of Ware Holbrook Holleman Holley Holloway Hooks Jackson Jennings of Sumter Jennings of Terrell Kendrick Kenimer Kent Key King Lancaster Lewis Littlejohn McCracken McNall McWhorter

Manous Mason Massey Matthews of Paulding Maund Mitchell Moore Nicholson Oliver O'Shea! Overby Parham Parks Pennington Phillips Pittman of Tift Porter Powell Ramey Ray Riddlespurger Ritchie Rossee Roughton

Rowland Sapp Seagler Sears Shields Sills Smiley Smith of Emanuel Smith of Oglethorpe Strickland of Pike Swint Thornton Thrash Trotter Watford Weaver Wells of Ben Hill Whaley Williams of Coffee Williams of Toombs Williams of Ware Willis Willoughby Wilson

Those voting in the negative were:

Alexander of Chatham Baker DeFoor Garrison Gibson Hefner Hill Hubert Hurst Lam

McCurdy Mann of Henry Mann of Rockdale Matthews of Peach Mosley Mullinax Murphy Oden Pettit Pittman of Bartow

Price Seagraves Sparks Thompson Twitty Wells of Lincoln Williams of Jones Witherington

Not voting were: Almand, Brumby, Burch, Claxton, Connerat, Crow, Culpepper, Dykes, Fowler, Griswell, Hall, Hampton, Harden, Hardy of Hall, Hogg, Hollis, Johns, Kelley, Kennon, Knabb, Lane, Livingston, Looper, Lovett, Malone, Mankin, Medders, Miller, Morrison, Moye of Brooks, Moye of Randolph, Oakley, Odom, Pannell, Smith of Bryan, Strickland of Upson, Sumner, Underwood, Williams of Appling, Williams of Gwinnett, and Young.

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

On the adoption of the resolution, the ayes were 133, the nays 28.

WEDNESDAY, JANUARY 23, 1946

311

The resolution, having received the requisite constitutional majority, was adopted.
Mr. Smith of Emanuel asked that HR 66-458b be immediately transmitted to the Senate, the motion prevailed and HR 66-458b was ordered immediately transmitted to the Senate.
The speaker recognized the presence in the gallery of the Senior Class of Clarkesville High School, Clarkesville, Georgia.
The speaker presented to the House Justice C. J. Perryman, pf Thomson, Georgia, who briefly addressed the House, and also Mrs. Wheeler Tolbert, former member of the House of Representatives from Muscogee county.
The speaker presented to the House the former Governor of North Carolina, the Hon. J. N. Broughton, who briefly addressed the House.
Under the special and continuing order of business established by the Committee on Rules the following bills and resolutions were taken up for consideration, read the third time and placed upon their passage:
HR 81-53Sb. By Messrs. Dorsey and Brumby of Cobb:

A resolution to pay Mrs. Dock Harrison Wooten $5,000.00 for the death of her husband caused by a power pole falling on him at the State Farmers Market; and for other purposes.

This resolution involving an appropriation, the Houie was resolved into a committee of the whole House with instructions not to read the resolution in its entirety, and the speaker designated Mr. Riddlespurger of Colquitt as chairman thereof.

The committee of the whole House arose and through its chairman reported the resolution back to the House with the recommendation that same do pass.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

This resolution involving an appropriation, the roll was called and the vote was as follows:

Those voting m the affirmative were:

Alexander of Carroll Alexander of Chatham Ansley Arnall Arnold Baker Banks Bargeron Barrett Barwick

Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Britton Brooke Brunson Callaway Campbell Cates

Chance Chastain Cheek Cheshire Connell Conner at Cowart Crowley Culpepper Dallis

312

JOURNAL OF THE HOUSE,

Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Evitt Fortson Freeman Gammage Gaskins Gavin Giddens Gilbert Glisson Gowen Greer Guerry Guyton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett Hefner Herndon Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Holloway Hooks

Hubert

Hurst

Jackson ' Kelley

Kendrick

Kenimer

Kennon

Kent

Key

King

Knabb

Lam

Lancaster

Lewis

Littlejohn

Livingston

Looper

McCracken

McNall

McWhorter

Mallard

Mankin

Mann of Henry

Manous



Mason Massey

Matthews of Paulding

Maund

Mitchell

Moore

Moye of Randolph

Nicholson

Oden

Odom

Oliver

O'Shea}

Overby

Pannell

Parham

Parks

Pennington Phillips Pittman of Bartow Pittman of Tift Porter Price Ramey Ray Riddlespurger Ritchie Rossee Sapp Seagler Seagraves Sears Sheffield Sills Smiley Smith of Emanuel Smith of Oglethorpe Strickland of Pike Swint Thompson Thornton Thrash Trotter Twitty Watford Weaver Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willis Wilson Young

Voting in the negative was:

Gibson

Not voting were: Adams, Adamson, Almand, Black, Boynton, Brock, Brumby, Burch, Claxton, Crow, DeFoor, Marion Ennis, Etheridge of Butts, Etheridge of Fulton, Fowler, Garrison, Gary, Greene, Griswell, Hall, Hampton, Herrin, Hollis,

WEDNESDAY, JANUARY 23, 1946

313

Jennings of Sumter, Jennings of Terrell, Johns, Lane, Lovett, McCurdy, Malone, Mann of Rockdale, Matthews of Peach, Medders, Miller, Morrison, Mosley, Moye of Brooks, Mullinax, Murphy, Oakley, Pettit, Powell, Roughton, Rowland, Shields, Smith of Bryan, Sparks, Strickland of Upson, Sumner, Underwood, Wells of Ben Hill, Williams of Gwinnett, Willoughby, and Witherington.
By unanimous consent verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 149, the nays l.
The resolution, having received the requisite constitutional majority, was adopted.

HR 167-7l3b. By Messrs. Harris of Richmond, and Culpepper of Fayette:
A resolution to provide a maintenance allowance for the State Auditor in lieu of actual hotel and subsistence; 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 l.
The resolution, having received the requisite constitutional majority, was adopted.

HR 184-797a. By Mr. Pittman of Tift:

A resolution to appropriate $3,000 to be paid to Mrs. J. H. Glover for the death of her husband caused by a State Highway truck colliding with his car; and for other purposes.

This resolution involving an appropriation, the House was resolved into a committee of the whole House with instructions not to read the resolution in its entirety, and the speaker designated Mr. Trotter of Troop as chairman thereof:

The committee of the whole House arose and through its chairman reported the resolution back to the House with the recommendation that the same do pass.

The resolution involving an appropriation, the roll was called and the vote was as follows:

Those voting in the affirmative were:

Adams Adamson Alexanderof Carroll Alexander of Chatham Ansley Arnall Arnold Baker

Banks Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb

Bloodworth of Houston Boynton Britton Brooke Brunson Callaway Campbell Cates

314

JOURNAL OF THE HOUSE,

Chance Cheek Cheshire Connell Cowart Crowley Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Evitt Fortson Freeman Gammage Gaskins Giddens Gilbert Glisson Gowen Greene Greer Guerry Guyton Hand Harden Hardy of Jackson Harrison of Jenkins Harrison of Screven Hart Hatchett Hefner Herndon Herrin Hill Hinson of Jeff Davis Hinson of Ware Hogg Holleman Holley Holloway Hooks Hubert

Hurst Jackson Jennings of Sumter Jennings of Terrell Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lewis Littlejohn Livingston Looper Lovett McCracken McNall Mallard Mankin Mann of Rockdale Manous Mason Massey Matthews of P'aulding Maund Mitchell Moore Mosley Moye of Randolph Mullinax Murphy Nicholson Oden Oliver O'Shea! Overby Pannell Parham Parks Pennington Pettit

Phillips Pittman of Bartow Pittman of Tift Porter Powell P'rice Ramey Ray Riddlespurger Ritchie Rossee Roughton Rowland Sapp Seagler Seagraves Sears Sheffield Shields Sills Smiley Smith of Emanuel Smith of Oglethorpe Sparks Swint Thompson Thornton Thrash Trotter Twitty Watford Wells of Bell Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young

Not voting were: Almand, Brock, Brumby, Burch, Chastain, Claxton, Connerat, Crow, Culpepper, Dallis, DeFoor, Etheridge of Butts, Etheridge of Fulton, Fowler,

WEDNESDAY, JANUARY 23, 1946

315

Garrison, Gary, Gavin, Gibson, Griswell, Hall, Hampton, Hardy of Hall, Harrison of Wayne, Hicks, Holbrook, Hollis, Johns, Lane, McCurdy, McWhorter, Malone, Mann of Henry, Matthews of Peach, Medders, Miller, Morrison, Moye of Brooks, Oakley, Odom, Smith of Bryan, Strickland of Pike, Strickland of Upson, Sumner, Underwood, Weaver, and Williams of Gwinnett.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 158, the nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 175-767a. By Messrs. Gowen and Gilbert of Glynn:
A resolution to declare the name of an inlet between St. Simons Island and Sea Island to be Goulds Inlet; 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.

HR 168-721a. By Messrs. Alexander, Connerat and McNall of Chatham:
A resolution authorizing the governor to appoint a Charles H. Herty Memorial Association to erect a monument on the capitol grounds; 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.

HB 719. By Messrs. Harrison of Jenkins, Harris of Richmond, Boyington of Union, and Claxton of Camden:
A bill to be entitled an act to authorize the governor to fix the salaries of the directors of the Department of Forestry, Department of Mine, Mining and Geology and the Department of State Parks, Historic Sites and Monuments; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 4.

316

JOURNAL OF THE HOUSE,

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

HB 794. By Messrs. Holley of Richmond, Brooke of Whitfield, McCurdy of DeKalb, Livingston of Polk, and Wilson of Bibb:
A bill to be entitled an act to authorize counties and municipalities to construct conduct and supervise recreation systems and to provide for recreation boards of commissions; and for other purposes.
The report 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. Wells of Ben Hill 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 transmittion to the Senate the following bills and resolution of the House to wit:
HB 639 HB 716 HB 720 HB 738 HB 739 HB 750 HB 766 HB 216 HB644 HB 783 HB 785 HB 787 HB 788 HB 790 HB 791

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317

HR164 HR 186 HR 163 HR 165

Respectfully submitted,
Wells of Ben Hill, Chairman.

Mr. Willoughby of Clinch county, vice-chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmittion to the Senate the following hills and resolution of the House to wit:
HR 149
HB 786
HB 792 HR 151
HR 157
Respectfully submitted,
Willoughby of Clinch, Vice-Chairman.

Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at 10:00 o'clock, the motion prevailed and the speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

318

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, January 24, 1946.
The House met pursuant to adjournment this day at 10:00 o'clock, was called to order by the speaker, and opened with scripture reading and prayer by the chaplain.
The call of the roll was dispensed with.
Mr. Evitt of Catoosa, chairman of the Committee on Journals, reported the journal of yesterday's proceedings had been read and found correct.
The journal was confirmed.
By unanimous consent the following was established as the regular order of business during the first part of the period of unanimous consent:
l. Introduction of bills and resolutions.
2. First reading and reference of House bills and resolutions.
3. Report of standing committees.
4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions.
6. First reading and reference of Senate bills.

Mr. Price of Clarke county, chairman of the Committee on Veterans' Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Veterans' Affairs have had uqder 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 289. Do Pass
SB 241. Do Pass
Respectfully submitted,
Price of Clarke, Chairman.

Mr. Arnall of Coweta 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 Senate and have instructed me as chairman, to report the same back to the House with the following recommendations:
SB 285. Do Pass

THURSDAY, JANUARY 24, 1946

319

SB 252. Do Pass

Respectfully submitted,

Arnall of Coweta, .Chairman.

Mr. Key, of Jasper county, chairman of the Committee on P'ublic Property, submitted the following report:
Mr. Speaker:
Your Committee on Public Property 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 63. Do Pass
SR 20. Do Pass
Respectfully submitted.
Key of Jasper, Chairman.

Mr. Bloodworth of Bibb county, chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SB 273. Do Pass
Respectfully submitted,
Bloodworth of Bibb, 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 recommendation:
SB 260. Do Pass

320

JOURNAL OF THE HOUSE,

Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Culpe-pper of Fayette county, chairman of the Committee on Amendments to Constitution No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution No. 2 have had under consideration the following resolution of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SR 27. Do Pass
Respectfully submitted,
Culpepper of Fayette, 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 uncer 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 270. Do Pass
SB 274. Do Pass
Respectfully submitted,
Sills of Candler, Chairman.

Mr. Pannell of Murray 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 recommendation:
SB 279. Do Pass

THURSDAY, JANUARY 24, 1946

321

Respectfully submitted,
Pannell of Murray, 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 recommendation:
HB 806. Do Pass
Respectfully submitted,
Sills of Candler, Chairman.

Mr. Bloodworth of Bibb 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 283. Do Pass
SB 282. Do Pass
SB 281. Do Pass
SB 276. Do Pass SB 243. Do Pass
Respectfully submitted,
Bloodworth of Bibb, Chairman.

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

SB 238. By Senator Daves of the 14th:
A bill to be entitled an act to provide a salary for the sheriff of Dooly county in addition to fees; and for other purposes.

322

JOURNAL OF THE HOUSE,

SB 241. By Senator Stone of the 15th:
A bill to be entitled an act to amend an act approved March 8, 1945, making comprehensive provision for an integrated veterans service for Georgia, creating a State Department of Veterans Service, etc., by providing compensation for actual traveling expenses incurred by members of the State Board of Veterans Service; and for other purposes.

SB 243. By Senator Walker of the 45th:
A bill to be entitled an act to amend the charter of the City of Fitzgerald to provide for zoning and planning ordinances; and for other purposes.

SB 252. By Senator Caldwell of the 37th:
A bill to be entitled an act to carry into effect Paragraph 4 of Section I of Article 7 of the Constitution of Georgia with reference to the exemption of taxation of certain property therein desc~;ibed; and for other purposes.

SB 260. By Senators Grayson of the 1st, Millican of the 52nd, and Harrell of the 7th:
A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters' list at the general election of November, 1944, in any county, city or town of the state must qualify to vote; and for other purposes.

SB 270. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the act creating a Civil Service Board for Fulton county to provide for the appointment and removal of the members of the board; and for other purposes.

SB 273. By Senator Hodges of the 26th:
A bill to be entitled an act to create a new charter for the City of Jackson and define the corporate limits; and for other purposes.

SB 274. By Senator Minchew of the 5th:
A bill to be entitled an act to fix the salary of the Commissioner of Atkinson County at $1,800.00 a year; and for other purposes.

SB 276. By Senator Rainey of the 11th:
A bill to be entitled an act to amend the charter of the City of Dawson to provide for zoning and planning ordinances; and for other purposes.

SB 279. By Senator Edenfield of the 2nd:

THURSDAY, JANUARY 24, 1946

323

A bill to be entitled an act to provide that Mcintosh county may supplement the salary of the judge and solicitor general of the Atlantic Judicial Circuit; and for other purposes.

SB 281. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide that employees of the Department of Law shall be placed under the Civil Service; and for other purposes.

SB 282. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide a pension to widows of members of the lire department who died in the army in the line of duty; and for other purpose&.

SB 283. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta providing for compulsory retirement of city employees, at the age of 65; and for other purposes.

SB 285. By Senator Gross of the 31st:
A bill to be entitled an act to amend Code Section 92-6215 by striking the
word "poll" in line 5 and by striking the words "are you subject to poll tax
(answer yes or no)" and inserting in lieu of said words the following: "are you a registered voter? If so, what district?"; and for other purposes.

SB 289. By Senator Causey of the 46th:
A bill to be entitled an act to provide for and fix compensation for clerks of the superior court and ordinaries of the state for preparing certified copies of records for veterans of the armed forces; and for other purposes.

SR 20. By Senators Gross of the 31st and Harrell of the 7th:
A resolution authorizing the State Properties Commission to sell two acres of land located in the 8th District of M uscogee county; and for other purposes.

SR 27. By Senators Gross of the 31st, Mavity of the 44th, and others:
A resolution proposing to the qualified voters of the state, for ratification or rejection, an amendment to the Constitution of 1877, and all amendments thereto, protecting the right of the sovereign people to reelect or defeat their elective state officials; and for other purposes.

SR 63. By Senator Mavity of the 44th:

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JOURNAL OF THE HOUSE,

A resolution authorizing the governor to trade certain land owned by the state for 1210 acres adjoining the State Park in Dade County; and for other purposes.

HB 806. By Messrs. Holley, Harris and King of Richmond:
A bill to be entitled an act to change the name of the Reformatory Institute of Richmond county to the Richmond County Juvenile Institute, and to provide for the management of the same; and for other purposes.

The speaker presented to the House the wife of the chaplain, Mrs. Joe Branch.
The speaker recognized the presence in the gallery of the American Government Class of Wesleyan College, Macon, Georgia.

The following resolution was read and adopted:
HR 187. By Messrs. Twitty and Hand of Mitchell, Kenimer of Harris, Odom of
Baker and Swint of Spalding:. A resolution extending congratulations to Mr. Pannell of Murray and his wife on the birth of a son.

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 801. By Mr. Claxton of Camden:
A bill to be entitled an act to amend the charter of the Town of Woodbine, so as to provide for zoning regulations and building codes; and for other purposes.
The report 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 257. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act entitled "An act to provide in Fulton county a system for pension and retirement pay to teachers and employees of the Board of Education; and for other purposes.
The following amendment was read and adopted:
Mr. Mankin of Fulton moves to amend SB 257 as follows:
By adding after the words "Fulton County School District" in the next to the last line of the caption, the words "or as a teacher in any Georgia school receiving

THURSDAY, JANUARY 24, 1946

325

public funds in whole or in part," so that the last three lines of the caption shall read: "Fulton County School District or as a teacher in any Georgia school receiving public funds in whole or in part and the method by which all such credit may be obtained; and for other purposes."
By further amending the said bill so as to add a section to be known as Section lila; same to follow Section III and same to read as follows:
"Section Ilia. Section 10 of said act is amended by striking the same and substituting the following in lieu thereof:
"Section 10. In computing the time of service that all teachers are entitled to in the number of years of service, credit shall be given for all teaching experience in Georgia schools receiving public funds in whole or in part; provided, however, that no teacher employed by the said Board of Education after the passage of this act .shall receive credit for more than ten years of such prior teaching service. For a teacher to receive credit for years of service for teaching outside of Fulton county, such teacher shall pay into the pension fund over a period not to exceed two years the amount of contributions that he would have paid into the present pension fund maintained by the Board of Education, based upon his initial salary paid by said Board of Education, if for such years he had been teaching in the Fulton County System."
By further amending the said bill so as to add a section to be known as Section IVa, same to follow Section IV and same to read as follows:
"Section IVa. Section 11 of said act is amended by striking the same and substituting in lieu thereof the following:
"Section 11. In order to obtain credit for prior service all teachers shall, within the period of three months from the date of their employment, file with the Pension Board a certificate from the proper authorities showing the years of service of such teacher and the place of service."
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.

The following report from the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar of business for today's session have established as special and continuing order of business the following present calendar of bills and resolutions:
HB 206. Mortgage Forelosure.
H B 799. Appropriation-N. Georgia Vocational School.

326

JOURNAL OF THE HOUSE,

HR 185-800. Spalding County Constitutional Amendment. HB 800. Amend Milk Control Act. HB 779. Bond Election. H B 780. Bond Election. H B 781. Tax Refunds. HR 182-788B. Constitutional Amendment-56 Senatorial Districts. HR 179-788A. Constitutional Amendment-Education. HB 793. Local School Districts. HB 802. Sulfa Bill. HR 183-788C. Vereen Bell. HB 625. Common Trust Funds. HB 778. Tax Collectors. HB 775. Fortune Telling. HB 759. Revenue Certificates. HR 176-774A. Appropriation. HB 770. Jurors and Bailiffs Pay. HB 776. Justice of Peace. HB 772. Alimony Decrees. HB 769. Fine and Forfeiture Funds. HR 177-782A. Appropriation. HB 228. Retirement System. HB 303. Confederate Pensions. SB 219. Superior Court. SB 222. Board of Appeals. SB 247. Board of Regents. SB 262. Divorce. SB 234. Merit Bill. SB 272. Income Tax Reducation. SB 258. Abatement of Tax. SR 25. Fulton County Constitutional Amendment.

THURSDAY, JANUARY 24, 1946

327

SB 271. Poultry Industry.
Respectfully submitted,
Durden of Dougherty, Vice-Chairman.

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

HB 742. By Messrs. McWhorter, Hubert and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur relative to the police court and giving the city commissioners the right to establish a recorder's court; and for other purposes.

HB 633. By Mr. Mason of Morgan:
A bill to be entitled an act to amend an act creating the Board of Commissioners of Roads and Revenue in and for Morgan county, Georgia, approved March 22, 1935, and any acts amendatory thereof, by striking therefrom Section 9 of said act fixing the compensation of the chairman and members thereof, in its entirety, etc.; and for other purposes.

HB 744. By Messrs. Hubert, McWhorter and McCurdy of DeKalb:
A bill to be entitled an act to amend the charter of the City of Decatur to authorize the city to pay pensions to officers and employees; and for other purposes.

HB 671. By Messrs. Shields and Young of Muscogee:

A bill to be entitled an act amending the charter of the City of Columbu:

Georgia, providing for extension of the corporate limits of the City ~

Columbus, Georgia; and for other purposes.

'

HB 752. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize, permit and allow the mayor and council, or other governing authority of any incorporated town or city within said State of Georgia having a population of not less than 1,614 nor more than 1,624 population, to participate in and to assist in the Construction and building of a recreational center, playgrounds, swimming pools, and other recreational facilities; and for other purposes.

328

JOURNAL OF THE HOUSE,

H B 656. By Messrs. Alexander, Connerat and MeN all of Chatham:
A bill to be entitled an act to provide and establish a legislative charter for the Town of Pooler, in the County of Chatham; and for other purposes.

HB 672. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of College Park to provide a pension system for officers and employees and create a pension board; and for other purposes.

HB 675. By Mr. Herndon of Hart:
A bill to be entitled an act to repeal an act creating a Board of Commissioners of Roads and Revenues of the County of Hart; and for other purposes.

HB 686. By Mr. Thompson of Meriwether:
A bill to he entitled an act to .establish a new charter for the City of Warm Springs; and for other purposes.

HB 688. By Mr. Boynton of Union:
A bill to be entitled an act to create a new charter for the City of Blairsville; and for other purposes.

HB 729. By Mr. Claxton of Camden:
A bill to he entitled an act to amend the charter of the City of Saint Mary's by extending the corporate limits; and for other purposes.

HB 735. By Mr. Seagraves of Madison:
A bill to be entitled an act to create a charter for the City of Ila. m the County of Madison; and for other purposes.

The following message was received from the Senate through Mrs. ~ evin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 743: By Messrs. McWhorter, Hubert, and McCurdy of DeKalb:
A bill to be entitled an act to amend Section 38 of the act approved August 17th, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of

THURSDAY, JANUARY 24, 1946

329

DeKalb, and the several acts amendatory thereof so as to provide for a minimum assessment of $1.00 on each side of the street along which sewers are construction, for constructing said sewers; and for other purposes.

HB 756. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to authorize the Commissioners of Bibb county to establish a pension and/or insurance provisions for the county employees; and for other purposes.

HB 761. By Mr. Jennings of Terrell:
A bill to be entitled an act to amend the charter of the City of Dalton to provide for zoning and planning ordinances; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the ~allowing bill of the House to wit:
HB 674. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to he entitled an act amending the charter of the City of Columbus, Georgia, relating to the power of the city to furnish local service; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 295. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the act entitled "An act to amend an act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, and for other purposes;" and in particular the acts amendatory thereof adopted July 27, 1929 (Georgia Laws, 1929, Page 818, et seq.) and the act approved August 27, 1931 (Georgia Laws, 1931, Page 651, et seq.) and for other purposes.

SB 242. By Senator Holsenbeck of the 27th: A bill to be entitled an act to create an Executive Mansion Commission; to provide for appointment of members, their duties; authorize allotment of funds; and for other purposes.

330

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 626. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to permit the Board of County Commissioners of Bibb county, Georgia, to supplement the salaries of the judges of the superior courts of the Macon Circuit; and for other purposes.

H B 726. By Messrs. Williams and Hinson of Ware:
A bill to be entitled an act to create a Ware County Hospital Board to operate the Ware County Hospital; and for other purposes.

HB 662. By Messrs. Dallis, Lam' and Trotter of Troup:
A bill to be entitled an act to provide that the city commissioners can assess business licenses in areas outside of incorporated towns in Troup county; and for other purposes.

HB 713. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend an act approved March 2, 1945 (Acts 1945, pp. 829-30) regarding the qualifications of the solicitor of the County Court of Clinch; and for other purposes.

HB 649. By Mr. Gavin of Clay:
A bill to be entitled an act to abolish the office of tax receiver and tax collector of Clay county and to create the office of tax commissioner; and for other purposes.

HB 751. By Mr. Mann of Rockdale:
A bill to be entitled an act to authorize the Commissioner of Rockdale county to construct recreational facilities with county funds, equipment, and labor; and for other purposes.

HB 664. By Mr. Cheek of Franklin:
A bill to be entitled an act to increase the salary of the tax commissioner of Franklin county; and for other purposes.

HB 693. By Mr. Adams 'of Wheeler:

THURSDAY, JANUARY 24, 1946

331

A bill to be entitled an act to provide for the disposition of fines and forfeitures in the superior court and ordinaries traffic courts in Wheeler county; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 682. By Messrs. Hubert and McWhorter of DeKalb:
A bill to be entitled an act to authorize the installation of photostatic equipment and other photographic equipment in the office of the clerk of the Superior Court of DeKalb county; and for other purposes.

HB 676. By Mr. Herndon of Hart:
A bill to create the office of Commissioners of Roads and Bridges and a Board of Finance, consisting of three members in and for Hart county; to prescribe the manner of election of such commissioners and the members of said board to define the duties and powers of such commissioner and board; to provide for the salary of each and fix their terms of office; flnd for other purposes.

HB 736. By Messrs. J. H. Ennis and Marion Ennis of Baldwin:
A bill to be entitled an act to authorize the County Commissioners of Baldwin county to establish zoning or planning laws in the county; and for other purposes.

H B 753. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to repeal an act approved March 9, 1945, to authorize the Commissioners of Richmond county to levy and assess occupation taxes and license fees in the county; and for other purposes.

The speaker presented to the House the Adjustment Class of Crawford Long Nurses, also the Sixth Grade of Kingsbury School, Atlanta, Georgia.
Under the special and continuing order of business, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 359. By Messrs. Hand and Twitty of Mitchell and Hart of Thomas:
A bill to be entitled an act to empower and divert municipalities and other political subdivisions to promulgate, administer and enforce airport zoning

332

JOURNAL OF THE HOUSE,

regulations and to provide for the acquisition of airports; and for other purposes.
The report 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.
Mr. Etheridge asked unanimous consent that HB 359 be immediately transmitted to the Senate, the request was granted and HB 359 was ordered immediately transmitted to the Senate.

HB 599. By Mr. Campbell of Newton:
A bill to be entitled an act to require posting of notice on the courthouse for ten days of any application of a felony prisoner before granting a parole or pardon by the Board of Pardons and Paroles; to provide no pardon or parole may be granted without first having the written consent of the judge and solicitor general of the superior court from which the prisoner was sentenced; and for other purposes.
The following substitute was read and adopted :
Committee substitute HB 599:
A bill to be entitled an act to amend an act of the General Assembly of Georgia approved February 5, 1943 (Ga. Laws 1943, pp. 185-195) which created the State Board of Pardons and Paroles, provided for appointment, terms of office, compensation, powers and duties of said board and Section 13 of said act by inserting between the fifth and sixth sentences of said section the following: "The State Board of Pardons and Paroles shall not grant any probation, parole or pardon to any prisoner sentenced for a felony unless and until there shall first have been posted for at least ten days at the courthouse of the county in which such prisoner was sentenced, a notice of such application for probation, parole or pardon, and notice of the posting thereof be furnished to the State Board of Pardons and Paroles by affidavit of the clerk of the superior court of said county. No probation, parole or pardon shall be granted by the State Board of Pardons and Paroles in any felony case without first having been given ten days' notice in writing to the judge of the superior court and the solicitor general of the court from which the prisoner was sentenced"; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That the act of the General Assembly of Georgia approved February 5, 1943 (Ga. Laws 1943, pp. 185-195) which created the State Board of Pardons and Paroles, provided for appointment, terms of office, compensation, powers and duties of said board and Section 13 of said act be, and it is, hereby amended, by in-

THURSDAY, JANUARY 24, 1946

333

serting after the fifth sentence of said Section 13 and before the sixth sentence of said Section 13 of said act the following:
"The State Board of Pardons and Paroles shall not grant any probation, parole or pardon to any prisoner sentenced for a felony unless and until there shall have been posted for at least ten days at the courthouse of the county in which such prisoner was sentenced, a notice of such application for probation, parole or pardon, and notice of the posting thereof be furnished to the State Board of Pardons and Paroles by affidavit of the clerk of the superior court of said county. No probation, parole or pardon shall be granted by the State Board of Pardons and Paroles in any felony case without first having given ten days' notice in writing to the judge of the superior court and the solicitor general of the court from which the prisoner was sentenced."
so that when so amended Section 13 of said act shall read as follows:
"No person shall be treated clemency, pardon or parole or other relief from f.entence except by a majority vote of the board and in all cases involving capital punishment, a unanimous vote of members is necessary provided two members of said board may commute a death sentence to life imprisonment, as provided in Section 11 of this act. However, each member of the board shall render a written decision on each case considered by the board and such written decision shall become a part of the permanent record. Good conduct and 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. No prisoner shall be released on probation or placed on parole until and unless the board shall find that there is reasonable probability that, if he is so released, he will live and conduct himself as a respectable and law-abiding per.;on, and th<~t his release will be compatible with his own welfare and the welfare of society. No person shall be released on pardon or placed on parole unless and until the board is satisfied that he will be suitably employed in self-sustaining employment, or that he will not become a public charge. The State Board of Pardons and Paroles ,hall not grant any probation, parole or pardon to any prisoner sentenced for a felony unless and until there shall first have been posted for at least ten days at the courthouse of the county in which such prisoner was sentenced, a notice of such application for probation, parole or pardon, and notice of the posting thereof be furnished to the State Board of Pardons and Paroles by affidavit of the clerk of the superior court of said county.
"No probation, parole or pardon shall be granted by the State Board of Pardons and Paroles in any felony case without first having given ten days' notice in writing to the judge of the superior court and the solicitor general of the court from which the prisoner was sentenced. Any person who may be paroled shall be released on such terms and conditions as the board shall prescribe. The board shall diligently see that no peonage is allowed in the gui,e of p:trole relationship or supervision. Such parolee shall remain in the legal custody of the board until the expiration of the maximum term specified in his sentence or until he is pardoned by the board. In the event a parolee violates the terms of his parole, he shall be subject to rearrest and/ or extradition for placement in the actual custody of the board to be redelivered to any prison or public works camps of this state."

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Section 2. All laws and parts of laws in conflict with this act are hereby repealed.

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

On the passage of the bill, Mr. Campbell of Newton moved the ayes and nays and the vote was as follows:

Mr. Alexander of Carroll asked unanimous consent that he be excused from voting on HB 599 and the unanimous consent request was granted.

Those voting in the affirmative were:

Adamson Alexander of Chatham Almand Arnold Barwick Beddingfield Black Callaway Campbell Chance Claxton Connerat Dorsey of Cobb Dorsey of White Dupree
Ennis, J. H.
Etheridge of Butts Evitt Fortson Gammage Gibson Giddens Gilbert Glisson Greene Greer Guerry Guyton Harden Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hatchett

Herndon Herrin Hill Hinson of Ware Holbrook Hollis Holloway Hooks Hurst Jennings of Sumter Jennings of Terrell Kendrick Kenimer Kennon Knabb Lancaster Looper Lovett McNall Mann of Henry Mann of Rockdale l\!Ianous Mason Massey Matthews of Peach Maund Medders Miller Moore Morrison Mosley Moye of Randolph Nicholson Oakley

Oden Oliver O'Shea! Parham Pettit Pittman of Bartow Pittman of Tift Price Ritchie Rowland Seagraves Sears Sheffield Shield Sills Smiley Smith of Bryan Smith of Oglethorpe Sparks Sumner Swint Thompson Thornton Twitty Watford Wells of Lincoln Whaley Williams of Jones Williams of Ware Willis Wilson Witherington

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Thot<e voting in the negative were:

Arnall Bargeron Battles Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brooke Brunson Cheek

Durden Etheridge of Fulton Garrison Hubert Jackson Lam Livingston McCracken Mankin Murphy

Odom Parks Phillips Ray Sapp Smith of Emanuel Trotter Weaver

Not voting were: Adams, Alexander of Carroll, Ansley, Baker, Banks, Barrett, Brock, Brumby, Burch, Cates, Chastain, Cheshire, Connell, Cowart, Crow, Crowley, Culpepper, Dallis, DeFoor, Dykes, Marion Ennis, Fowler, Freeman, Gary, Gaskins, Gavin, Gowen, Griswell, Hall, Hampton, Hand, Hardy of Hall, Hardy of Jackson, Hefner, Hicks, Hinson of Jeff Davis, Hogg, Holleman, Holley, Johns, Kelley, Kent, Key, King, Lane, Lewis, Littlejohn, McCurdy, McWhorter, Mallard, Malone, Matthews of Paulding, Mitchell, Moye of Brooks, Mullinax, Overby, Pannell, Pennington, Porter, Powell, Ramey, Riddlespurger, Rossee, Roughton, Seagler, Strickland of Pike, Strickland of Upson, Thrash, Underwood, Wells of Ben Hill, Williams of Appling, Williams of Coffee, Williams of Gwinnett, Williams of Toombs, Willoughby, and Young.

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

On the passage of the bill by substitute, the ayes were 100, the nays 28.

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

HB 727. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend the law relative to notice given of intention to introduce local legislation, and for other purposes. The following amendment was read and adopted:
Amendment to HB 727:
An act to authorize boards of education of cities and counties having a population of more than 300,000 according to the last or any .future census of the United States Bureau of Census to establish and operate schools on a twenty-four-hour basis and to pay the cost thereof; to provide for the assignment of children to such schools; to provide for the utilization by such boards of education of other facilities for this purpose; to repeal conflicting laws; and for other purposes.
Section 1. This act shall apply to all counties and cities having within their limits a population of more than 300,000 according to the last or any future census of the United States Bureau of Census.

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Section 2. This act shall be considered supplemental to Chapter 24, "Juvenile Courts," Code of Georgia.
Section 3. It is declared to be the purpose of this bill to provide for the care and training of children coming within the influence of Section 24-2402, Code of Georgia. To this end, the Boards of Education of such cities or counties, or such other public official or officials may have charge of the public school systems of such cities or counties, may provide for the establishment and operation of schools for the instruction, hoard and housing on a twenty-four-hour basis of children specially requiring such care, training and protection. Such schools may be established and operated separately by such city or such county or may be operated jointly under an appropriate contract as authorized by the Constitution and laws of this state.
Section 4. It is declared to be the purpose of this act to provide special care, protection and training for children:
(a) When the child so deports himself or is in such condition or surroundings, or under such improper or insuffcient guardianship or control as to endanger the morals, health and general welfare of such child, or interfere substantially with his education in the regular schools.
(b) Where the child is so mentally defective, or so delinquent, or so neglected, as to make it advisable for his welfare and the welfare of the community that he be asgigned to a parental school.
Section 5. Children may be assigned to such schools in the following manner: (a) The consent of the parent, guardian or other person having custody or control of the child should be procured if possible.
(b) The judge of the juvenile court having jurisdiction over such child may assign the child to this school upon such terms and conditions as he may fix. In such a case, the judge of the juvenile court will follow the terms and provisions of Chapter 24, Code of Georgia.
(c) No child shall be admitted to such school without approval of the superintendent or other person having charge of the public school system of the county or city in which the child resides.
Section 6. Any child assigned to any such school may be discharged therefrom by the judge of the juvenile court if discharge cannot be effected by mutual assent. In such a proceeding, the judge shall be guided by Chapter 24, Code of Georgia.
Section 7. The school authorities of such cities and counties may contract with the authorities of other political subdivisions of the state as now provided by the Constitution and laws of the State of Georgia.
Section 8. 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 as amended.
On the passage of the bill, as amended, the ayes were 107, the nays 0.

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337

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

HB 793. By Messrs. Culpepper of Fayette, Hatchett and Thompson of Meriwether, and Greer of Lanier:
A bill to be entitled an act to amend Chapter 32-9 of the code to transfer all powers now vested in local district trustees of schools to the County Board of Education in conformity with the provisions of the new Constitution; and for other purposes.
The following amendments were read and adopted:
Messrs. Bloodworth and Weaver of Bibb, and Hooks of Emanuel moved to amend HB 793 by adding the following sentence at the end of Section 12 thereof, to wit:
"In those counties where the tax collector of tax commissioner is on a salary basis the fees herein provided for shall be collected by him and paid over to the proper fiscal authorities.
Messrs. Greer of Lanier and Weaver of Bibb moveq to amend HB 793 by adding the following provision at the end of Section 10:
"Provided, nevertheless, the trustees of each school district as constituted, prior to August 7, 1945, shall be the trustees of each school in said district until their respective terms expire."
Mr. Williams of Ware 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 ':"ere 112, the nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.
Mr. Hatchett of Meriwether asked unanimous consent that HB 793 be immediately transmitted to the Senate, the request was granted and HB 793 was ordered immediately transmitted to the Senate.

HB 779. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 32-1401, 32-1402 and 32-1403 to authorize counties constituting a school district exclusive of independent school systems to issue bonds for school purposes; and for other purposes.
The following substitute was read and adopted:

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Committee Substitute for HB 779:
A bill to be entitled an act to repeal the following code sections of the Code of Georgia of 1933 : 32-140 I, which provides for an election for bonds to build and equip school houses in school districts and how said election shall be held; 32-1402, which provides how the proceeds from the sale of bonds for the purpose of erecting school buildings shall be held and used and how a tax shall be provided for a sinking fund; and 32-1403, which provides for a bond election in counties for the purpose of building schools, how the election shall be held and the provision for taxes for the repaying of same, and enacting in lieu thereof three new sections, so as to provide for counties constituting a school district exclusive of independent school systems to issue school bonds for school purposes and to prescribe the method and manner of issuing school bonds; to provide for the levy of a tax to service school bond indebtedness and the propert subject to such tax; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same:
Section 1. That code sections of the Code of Georgia of 1933, to wit: 32-1401, 32-1402 and 32-1403, which read as follows:
"32-1401. When one-fourth of the registered qualified voters of a school district or consolidated district, in which a local tax is now or may hereafter be levied for school purposes, or of a district in a county now levying a local tax, shall file with the board of trustees of such a school district or consolidated district a petition asking for an election for the purpose of building and equipping a school house or school houses for said school district or consolidated district, the required number of petitioners to be determined by the said board of trustees, it shall be the duty of said board of trustees to fix the amount, denomination, rate of interest, and dates when due and call such election in terms of law now provided for a county issue of bonds except as herein otherwise provided. The said board of trustees, in case the election is for a bond issue, shall follow the law as required of county authorities as embodied in Section 87-201 et seq., in the issue thereof. Said board of trustees may order such election to be held on the school district or consolidated district, of which they shall give notice by posting same at three public places in said school district or consolidated district not less than 10 days previous to said election. None but registered qualified voters shall be permitted to vote in said election. The tax collector shall furnish a certified list of registered voters in such school district or consolidated district to the managers of the election 10 days before such election is held. The ballots cast shall have written or printed thereon: 'For school house,' or 'Against school house.' The ballots cast and the voting list shall be lodged with the board of trustees, who shall declare the result. Said board of trustees or a majority of them shall be the election managers, and if for any reason they fail to act, any three freeholders of the school district or consolidated district may qualify and act. The board of education shall have nothing to do with the location of the school site in local districts except on appeal."

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"32-1402. Should bonds be issued and sold, the proceeds shall be turned over to the board of trustees in trust for the purpose of erecting a school building or buildings or purchasing buildings already erected which said board of trustees may deem suitable. Said board of trustees is authorized to remove, sell or otherwise dispose of old buildings or buildings and grounds and select a new site and erect a new building thereon, and add to the proceeds from the sale of bonds any other proceeds which may come from disposition of building or buildings and site, or from donations or otherwise, all to be held in trust to be used for the purpose aforesaid, and no compensation shall be paid to said board of trustees or any member thereof for service. For the purpose of t~king care of and paying the principal and interest of these bonds, the board of trustees shall recommend, and the board of county commissioners or the ordinary, as the case may be, shall levy upon the property subject to taxation in the district, such tax as may be necessary to provide a sinking fund for the retirement of said bonds and for paying the principal thereon and the interest thereon; this to be in addition to the general tax for the maintenance of the schools of said territory."
"32-1403. In all counties in which a local tax is now or may hereafter be levied for school purposes, throughout the entire county, or throughout the entire county except that part embraced within the incorporated limits of a municipality or municipalities, when one-fourth of the registered qualified voters of such territory shall file with the board of education of such county, a petition asking for an election for the purpose of determining whether or not bonds shall be issued for the purpose of building and equipping a school house or school houses for said county, or for the purpose of purchasing sites and buildings to be used for such purposes, or for the purpose of purchasir.g a site and erecting school houses thereon, either one or all, the required number of petitioners to be determined by said board of education, it shall be the duty of said board of education to fix the amount, denomination, rate of interest, and dates when due, and call such election in terms of law now provided or which may hereafter be provided for a county issue of bonds, except as herein otherwise provided. Said board of education shall order such election to be held at the various polling places throughout the county or throughout the territory to be affected, of which they shall give notice by publication thereof, once a week for four weeks previous to said election in the newspaper in which the legal advertisements of said county are published. None but registered voters residing within the territory to be affected shall be permitted to vote in said election. The tax collector shall furnish a certified list of registered voters in such county or in the territory to be affected, to the managers of the election, 10 days previous to said election and after the same has been purged by the board of registrars, as now provided by law in cases of special elections. The ballots cast shall have written or printed thereon 'For school house bonds' or 'Against school house bonds.' The managers of the election, including such clerks as may be necessary, shall be appointed by the ordinary. The polls shall remain open during the hours as now fixed by law for general elections. The returns of the election, including all ballots cast, tally sheets, voters lists and other papers relating to the election, shall be made to the ordinary, who shall on the day following said election consolidate the vote and declare the result. In the event that two-thirds of the votes cast at such election shall be in favor of 'school house

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bonds,' and such two-thirds is also a majority of all of the voters qualified to vote in said election, then the bm.ds shall be i:;sued and sold, under all of the regulations now provided by law for other county bonds; the proceeds shall be turned over to the board of education in trw;t for the purpose or purposes aforesaid. Said board shall be authorized to remove, sell or otherwise dispo,;e of old buildings, or buildings and grounds, and select new sites and erect new buildings thereon, or to contract for and purchase sites or sites and buildings, and add the proceeds of the sale of any such property to the proceeds from the sale of the bonds, and all to be held in trust for the purposes aforesaid, and no compensation or commission shall be paid to said board of education of any member therl"of for services rendered in this respect. The county authorities, in levy and assessing taxes for the purpose of paying the interest and returning and paying off of said bonds shall, in the event that the entire county is not embraced within the area or territory in which said election is held, levy and assess such taxes only against the property located within the area or territory within which said election is held. For the purpose of taking care of and paying the principal and interest of these bonds, the board of education shall recommend, and the board of county commissioners or ordinary, as the case may be, shall levy upon the property subject to taxation in the entire county or in the areas or territory within which said election is held. such tax as may be necessary to provide a sinking fund for the retirement of said bonds and for pa} ing the principal thereof and the interest thereon; this to be in addition to the general tax for the maintenance of the schools of said county or territory."
be, and the same are, hereby repealed, and that in lieu thereof three new code sections be, and the same are, hereby enacted, said new sections to read as follows:
"32-1401. Each county shall comprise one school district, exclusive of any independent school system, and may issue bonds for the purpose of building and equipping a school house or school houses for said county, or for the purpose of purchasing a site and erecting thereon school buildings and facilities and equipping same, either or all, when one-fourth of the registered qualified voters of such county or territory shall file with the board of education of such county a petition asking for an election for the purpose of determining whether or not bonds shall be issued for any of the aforementioned purposes."
"32-1402. The county board of education shall determine if the required onefourth of the qualified registered voters of such county or territory shall have signed a petition, and upon such determination the county board of education shall fix the amount, denominatimK rate of intere,;t. maturity dates of the principal and interest, and recommend to the officials charged with the duty of managing the fiscal affairs of the county that an ell"Ltion be called. which recommendation shall be mandatory on such official or official,;. who ,;hall then call and hold said election and declare the result thenof as is requirt>d in any other county election for bond purposes, and in the event that a majority of the votes cast at such election shall be in favor of school bonds and such majority shall also constit11t"e a majority of all the voters of the county or territory. as the case may he. qualified to vote in said election, then the bonds shall he validated, issued and sold by the county under all the regulations and provisions of law applicable to any other county bonds, and the proceeds shall be

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turned over to the county board of education in trust for the purpose or purposes aforesaid."
"32-1403. For the purpose of taking care of and paying the principal of and interest on such school bonds as have been authorized in the preceding sections, the board of education shall recommend, and the official or officials charged with the duty of managing the fiscal affairs of the county shall levy upon the property subject to taxation in the entire county or in the area or territory within which said election is held, such tax as may be necessary to provide a sinking fund for the retirement of said bonds and for paying the principal thereof and the interest thereon; this tax tc be in addition to the general tax for the maintenance and support of the schools of said county or territory, and the county authorities in levying and assessing taxes, for the purpose of paying the principal of and interest on said bonds shall in the event that the entire county is not embraced within the area or territory in which said election is held, levy and assess such tax only against the property located within the area or territory within which said election is held."
Section 2. Be it further enacted 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 bill, was agreed to by substitute.
On the passage of the bill, by substitute, the ayes were 115, the nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

The speaker recognized the presence in the gallery of the High Sixth Grade of Moreland School. the Seventh Grade Civics Class of the N apsonian School and the Sixth Grade of the Nathan B. Forrest School, of Atlanta, Georgia.
Mr. Durden of Dougherty moved that the House do now recess until 2:00 o'clock, the motion prevailed and the speaker announced the House recessed until 2:00 o'clock p. m.

2 o'clock p.m.
The House \ras called to order by the speaker pro tern.
Under the ~necial and continuing order of business established by the Committee on Rules the following bills and resolutions were taken up for consideration, read the third time and placed upon their -passage:

HB 765. By l\Iessrs. Connell of Lowndes and Gowen of Glynn:
A bill to be entitled an act to provide terms upon which foreign corporations mav do business in this state; to require filing of copy of charter with the Se~retary of State and designation of an agent for service of process; 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 108, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 666. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to fix the salary of the ordinary of Fulton county at $9,000 per 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 105, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 777. Br. Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton:
A bill to be entitled an act to provide that the county commissioners of Fulton county shall fix the salaries of the clerk of superior court, sheriff, ordinary, tax collector, tax receiver; and for other purposes.
The report 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 782. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to provide that commissioners of Hall county may levy a tax of six-tenths of one percentum for paying salaries for working and repairing public roads; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 784. By Mr. Lovett of Laurens:
A bill to be entitled an act to place the clerk of the superior court and his deputies and the sheriff of Laurens county and his deputies on a salary instead of a fee basis; 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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343

On the passage of the bill, the ayes were 109, the nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 789. By Messrs. McCurdy, McWhorter and Hubert of DeKalb, Bloodworth

and Wilson of Bibb, Connerat, MeN all and Alexander of Chatham, Harris,

Holley and King of Richmond, Weaver of Bibb, Etheridge and Mrs.

Mankin of Fulton:



A bill to be entitled an act to authorize the levy of a tax of a stated millage in counties of over 80,000 population without specifying the percentage levied for any stated 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 110, the nays 0.

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

HB 797. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to provide for parental schools in Fulton county to be operated 24 hours a day for sending delinquent or mentally defected children; and for other purposes.
The following substitute was read and adopted:
Substitute to HB 797. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: An act to authorize boards of education of cities and counties having a population of more than 300,000 according to the last or any future census of the United States Bureau of Census to establish and operate schools on a twenty-four-hour basis and to pay the cost thereof; to provide for the assignment of children to such schools; to provide for the utilization by such boards of education of other facilities for this purpose; to repeal conflicting laws; and for other purposes.
Section 1. This act shall apply to all counties and cities having within their limits a population of more than 300,000 according to the last or any future census of the United States Bureau of Census.
Section 2. This act shall be considered supplemental to Chapter 24, "Juvenile Courts," Code of Georgia.
Section 3. It is declared to be the purpose of this bill to provide for the care and training of children coming within the influence of ~ection 24-2402, Code of Georgia. To this end, the boards of education of such cities or counties, or such other public official or officials as may have charge of the public school systems of such cities or counties, may provide for the establishment and operation of schools for the instruction, board and housing on a twenty-four-hour basis of children especially! requiring such care, training and protection. Such schools may be established

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and operated separately by such city of such county or may be operated jointly under an appropriate contract as authorized by the Constitution and laws of this state.
Section 4. It is declared to be the purpose of this act to provide special care, protection and training for children:
(a} When the child so deports himself or is in such condition or surroundings or under such improper or insuffcient guardianship or control as to endanger the morals, health and general welfare of such child, or interfere substantially with his education in the regular schools.
(b) Wherf' the rhild is so mer. tally df'fective, or so delinquent, or so neglected as to make it advisable for his welfare and the welfare of the community that he be assigned to a parental school.
Section 5. Children may he assigned to such schools in the following manner:
(a) The consent of the parent, guardian or other person having custody or control <if the child should be procured if possible.
(b) The iudge of the juvenile court having jurisdiction over such child may assign the child to this school upon such terms and conditions as he may fix. In such a case, the judge of the juvenile court will follow the terms and provisions of Chapter 24, Code of Georgia.
(c) No child shall be admitted to such school without approval of the superintendent or other person having charge of the public school system of the county or city in which the child resides.
Section 6. Any child assigned to any such school may be discharged therefrom by the judge of the juvenile court if discharge cannot be effected by mutual assent. In such proceeding, the judge shall be guided by Chapter 24, Code of Georgia.
Section 7. The school authorities of such cities and counties may contract with the authorities of other political subdivisions of the state as now provided by the Constitution and laws of the State of Georgia.
Section 8. 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 112, the nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 798. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide that the secretary of the board of trustees of the Georgia Military Academy shall give thirty days notice by publication for the election of trustees; and for other purposes.

THURSDAY, JANUARY 24, 1946

345

The report 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 803. By Messrs. Glisson of Evans, Watford of Long, Burch of Dodge, Dykes of Bleckley, and DeFoor of Mcintosh:
A bill to be entitled an act to provide a salary of $50 per month to the ordinaries in counties having a population of not less than 4,000 and not greater than 10,000, in addition to their 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 108, the nays 0.
The bill, having received the requisite cbnstitutional majority, was passed.

HB 804. By Mr. Dykes of Bleckley:
A bill to be entitled an act to provide the method of distributing fines and forfeitures in Dodge county courts to the officers of the court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 757. By Mrs. Guerry of Macon:
A bill to be entitled an act to authorize municipalities to annex to the existing corporate limits adjoining land upon the unanimous written application of all the owners of the land to be annexed; and for other purposes.
The following amendments were read and adopted:
Mrs. Guerry of Macon moves to amend HB 757 by inserting after the word "thereof" at the end of line five the word "unincorporated," so that the first sentence of said bill, when so amended, will read as follows:
"Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority. of the same, that on and after the passage and approval of this act, it shall be lawful for any municipality within the state by ordinance of the duly constituted authorities thereof to annex to the existing corporate limits dtereof unincorporated lands adjoining the existing corporate limits at the time of such annexation, upon the written and signed applications of all of the own-

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ers of all the land proposed to be annexed containing a complete description of the lands to be annexed."
Messrs. Bloodworth and Weaver of Bibb moved to amend HB 757 by adding a paragraph to be known as Paragraph 2 and numbering subsequent sections appropriately, said new section to read as follows:
"Section 2. This act shall not apply in cases of cities having a population of 50,000 or more according to the 1940 census or any future census."
The Committee on Municipal Government moved to amend HB 757 by adding at the end of Section I of said bill the following language to wit:
"None of the provisions of this act shall be operative in counties of this state which have situated either wholly or partly within their boundaries a city of a population of more than 200,000 according to the 1940 United States Census or any future census."
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 3.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 780. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 87-203 and 87-204 so as to provide when counties, municipalities and political subdivisions may issue bonds and the procedure to ascertain the number of votes cast.
The following substitute was read and adopted:
Substitute to HB 780:
A bill to be entitled an act to amend Code Sections 87-203 and 87-204 of the Code of Georgia of 1933, so as to provide when counties, municipalities and political subdivisions may issue bonds, and the procedure to ascertain the number of votes cast for bonds; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same:
Section 1. That Code Section 87-203 of the Code of Georgia of 1933, which is as follows:
"87-203. When said notice shall have been given and said election held in accordance with the preceding section, if the requisite' two-thirds of the qualified voters of the county, municipality, or political subdivision voting at said election vote for bonds and the two-thirds so voting are a majority of the registered voters thereof, then the authority to issue the bonds in accordance with Paragraphs I and II,' Section

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VII, Article VII of the Constitution (Sections 2-5501, 2-5502) is hereby given to the proper officers of said county, municipality, or political subdivision."
be, and the same is, hereby amended by striking the following words from said Section, to wit: "if the requisite two-thirds of the qualified voters of the county, municipality, or political subdivision voting at said election vote for bonds, and the two-thirds so voting are a majority of the registered voters thereof," and inserting in lieu thereof the following: "if the requisite majority of the qualified voters of the county, municipality, or political subdivision voting at said election vote for bonds, and the majority so voting are also a majority of the registered voters thereof entitled to vote," so that said section when so amended shall read as follows:
"87-203. When said notice shall have been given and said election held in accordance with the preceding section, if the requisite majority of the qualified voters of the county, municipality, or political subdivision votng at said election vote for bonds, and the majority so voting are also a majority of the registered voters thereof entitled to vote, then the authority to issue the bonds in accordance with Paragraphs I and II, Section VII, Article VII of the Constitution is hereby given to the proper officers of said county, municipality, or political subdivision."
Section 2. Be it further enacted by the authority aforesaid, that Section 87-204, of the Code of Georgia of 1933, which is as follows:
"87-204. In determining the question whether or not the reqUisite two-thirds of the qualified voters in said county, municipality, or political subdivision voting at said election in favor of the issuance of said bonds, constituted a majority of the registered voters in said county, municipality, or political subdivision, the registration list made as provided by law shall be used."
be, and the same is hereby amended by striking the following words to wit: "twothirds" and inserting in lieu thereof the following, to wit: "majority," so that said section when so amended shall read as follows:
"87-204. In determining the question whether or not the requisite majority of the qualified voters in said county, municipality, or political subdivision voting at said election in favor of the issuance of said bonds, constituted a majority of the registered voters in said county, municipality, or political subdivision, the registration list made as provided by law shall be used."
Section 3. Be it further enacted that all laws and parts of laws in conflict with this act be, and the same are, hereby repealed.
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 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

Mr. Durden of Dougherty asked unanimous consent that HB 780 be imme-

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diately transmitted to the Senate, the request was granted and HB 780 was ordered immediately transmitted to the Senate.

HB 663. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to amend Code Section 113-709 by providing that wills executed in another state and witnessed according to the laws of that state shall constitute muniments of title for transfer of property in this state; and for other purposes.
The following amendments were read and adopted:
Messrs. Bloodworth and Weaver of Bibb moved to amend HB 663 by striking in line two of Section 1 thereof the words "have been or."
Mr. Gowen of Glynn moved to amend HB 663 by adding between the words "will" and "is" the words "so exemplified."
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.

HB 760. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend Code Sections 87-201, 87-203 and 87-204 to provide for elections, and the method of issuance of revenue certificates by any county, municipality or political subdivision of the state; and for other purposes.
The following substitute was read and adopted:
Substitute to H B 760:
A bill to be entitled an act to amend Code Section 87-301 of the Code of Georgia of 1933 so as to provide when counties, municipalities or political subdivisions desiring to incur a bonded indebtedness under the provisions of the Constitution shall give, after an election, notice to the solicitor general or attorney general of the result of said election; 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 Code Section 87-301 of the Code of Georgia of 1933, which is as follows:
"87-301. When any county, municipality, or political division, desiring to incur any bonded debt, as prescribed in Paragraphs I and II of Section VII, Article VII of the Constitution (Sections 2-5501, 2-5502) shall hold an election in accordance with the provisions of the Constitution and laws of this state controlling and regu-

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lating such elections, and the returns of such election shall show prima facie that such election is in favor of the issuance of said bonds, the officer or officers of such county, municipality, or political division, charged by law with the duty of declaring the result of said election, shall, within six months after so declaring the result of said election, notify the solicitor general of the judicial circuit in which such county, municipality, or political division shall be, in writing, of the fact that an election was held and that the election was in favor of the issuance of such bonds. The service of such notice shall be personal upon the solicitor general, but in the event he is absent from the circuit, it shall be served in person upon the attorney general."
be, and the same is, hereby repeale!i by striking the following words from said section, to wit: "Paragraphs I and II, Section VII, Article VII of the Constitution (Sections 2-5501, 2-5502)" and inserting in lieu thereof: "Paragraphs I, II and III of Section VII, Article VII of the Constitution" so that said section when so amended shall read as follows:
"87-301. When any county, municipality, or political division, desiring to incur any bonded debt, as prescribed in Paragraphs I, II and III of Section VII, Article VII of the Constitution shall hold an election in accordance with the provisions of the Constitution and laws of the state controlling and regulating such elections, and the returns of such election shall show prima facie that such election is in favor of the issuance of said bonds, the officer or officers of such county, municipality, or political division, charged hy law with the duty of declaring the result of said election, shall, within six months after so declaring the result of said election, notify the solicitor general of the judicial circuit in which such county, municipality, or political division shall be, in writing, of the fact that an election was held and that the election was in favor of the issuance of such bonds. The service of such notice shall be personal upon the solicitor general, but in the event he is absent from the circuit, it shall be served in person upon the attorney general."
Section 2. Be it further enacted that all laws and parts of laws in conflict with this act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill by substitute, the ilyes were 109, the nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 776. By Mr. Hubert of DeKalb:
A bill to be entitled an act to confer jurisdiction on justices of the peace in actions in trover and bail trover when the amount involved does not exceed $200; 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 103, the nays 1.
The bill, having received the requisite constitutional majority, was passed.
Mr. Hubert of DeKalb asked unanimous consent that HB 776 be immediately transmitted to the Senate, the request was granted and HB 776 was ordered immediately transmitted to the Senate.

HB 228. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide a pension system for employees of the State of Georgia; and for other purposes.
The following substitute was read and adopted:
Substitute to HB 228. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to establish a retirement system for aged and incapacitated employees of the Department of Public Welfare, the Department of Public Health, and tlote Department of Labor, and employees of county boards of health, and employees of county boards of public welfare, and other employees; to determine membership and conditions of membership in said system; to provide for a board of trustees of said system and 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 Georgia:
Section I. 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 meaning:
(I) "Retirement system" shall mean the Georgia State Employees' Retirement System 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) "Employer" shall mean the State of Georgia or any department, bureau, board, or commission of the state authorized by law, or any county, city-county, or city board of health or county board of public welfare unless such county, citycounty, or city board of health or county board of public welfare shall notify the board of trustees that such county, city-county, or city board of health or county board of public welfare will not participate in the benefits of the retirement system, such notice to be given in writing on or before the commencement date or before persons are employed by such county, city-county, or city board of health or county board of public welfare.
(4) "Employee" shall mean any regularly classified or unclassified worker or employee of the Department of Public Welfare, the Department of Public Health, and the Department of Labor, and employees of the board of health and board of

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public welfare of the several counties in accordance with the provisions of Section I, Subsection (3), and employees of any other state department, bureau, board, or commission of the state government that are now or may hereafter operate under a Merit System of Personnel Administration or that may become eligible for inclusion in the retirement system by act of the General Assembly of the State of Georgia, who receives payment for performance of personal services from the State of Georgia or any department, bureau, board, or commission of the state, or from the board of health or board of public welfare of a county, who is employed in a position normally requiring actual performance of duty during not less than nine months of the year, but shall not include members of the teachers' retirement system of Georgia.
(5) "Member" shall mean any employee included in the membership of the retirement system as provided in Section 3 of this act.
(6) "Service" shall mean service rendered as an employee and paid for by the State of Georgia or any department, bureau, board, or commission of the state, or board of health or board of public welfare of a county.
(7) "Prior service" shall mean service rendered prior to July I, 1946, for which credit is allowable as provided in Section 4 of this act.
(8) "Membership service" shall mean service as an employee rendered while a member of the retirement system for which credit is allowable as provided in Section 4 of this act.
(9) "Creditable service" shall mean prior service plus membership service.
( 10) "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.
( 11) "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, Subsection ( 1) of this act.
( 12) "Earnable compensation" shall mean the full rate of regular compensation, excluding any part of compensation in excess of five thousand dollars per annum, payable to a member employee 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.
( l3} "Average final compensation" shall mean the average annual earnable compensation of an employee l!uring the last five years of creditable service, or, if he has less than five years of creditable service, his average annual earnable compensation during his total creditable service.
( 14} "Annuity" shall mean annual payments for life derived from the accumulated contributions of a member.

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( 15) "Pension" shall mean annual payments for life derived from contributions of the state or other employer.
( 16) "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 of equivalent actuarial value.
( 17) "Retirement" shall mean withdrawal from service with a retirement allowance granted under the provisions of this act.
( 18) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this act.
(19) "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 last adopted by the board of trustees.
(20) "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.
(21) "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.
(22) "Local retirement fund" shall mean any employees' retirement fund or other arrangement for the payment of retirement benefits to employees maintained during the calendar year 1946 wholly or in part by contributions made by an employer as defined by this act, exclusive of the system created by this act.
(23) "Commencement date affecting departments operating under a Merit System of Personal Administration at the time of the passage of this act."-The commencement date affecting departments operating under a Merit System of Personal Administration shall mean January 1, 1947, or as soon thereafter as the board of trustees shall determine, for the commencement of contributions by the federal government, by the state, by employers, and by members, for the annuities and pensions provided by this act.
(24) "Commercement date affecting departments that may hereafter operate under a Merit System of Personal Administration" shall be as follows: If the employees of any state department, board, bureau or commission of the state government shall hereafter become eligible for inclusion in the Georgia State Employees' Retirement System as provided for in this act, the "commencement date" for such state department, board, bureau or commission shall be set by the board of trustees not less than six months or more than twelve months from the date such state department, board, bureau or commission becomes eligible for membership, and all other dates mentioned in the act shall be set with the same relation to the commencement date as these dates are related to the: commencement date in the original act.

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Section 2. N arne 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 employees of the Department of Public Welfare, the Department of Public Health, and the Department of Labor, and employees of any other state department, bureau, board, or commission of the state government, and employees of the boards of health and boards of public welfare of the several counties if the said counties meet the provisions of Section 1, Subsection (3), that are now or may hereafter operate under a Merit System of Personnel Administration or that may become eligible for inclusion in the retirement system by act of the General Assembly of the State of Georgia. It shall have the power and privileges of a corporation, the right to sue and be sued, to implead and be impleaded, and shall be known as the "Georgia State Employees' Retirement System," and by such name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held.
Section 3. Membership. ( 1) Any person who becomes an employee after J anuary 1, 1947, shall become a member of the retirement system as a condition of his employment, except as herein otherwise provided.
(2) Any person who was an employee on July 1, 1946, or becomes an employee .prior to January 1, 1947, shall become a member unless prior to January 1, 1947, 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 an employee 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, 1947, and prior to the time he becomes a member, and without prior service credit.
( 3) 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. Notwithstanding 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 employee 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 employee with allowable interest credits shall become payable to him or on his account while he is not in service as an employee and no contributions shall be made to this system to 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.

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(2) Under such rules and regulations as the board of trustees shall adopt, each member who was an employee at any time during the calendar year 1946 shall file a detailed statement of all service as an employee rendered by him prior to January 1, 1947, for which he claims credit. In the event any person who would otherwise have qualified under this subsection shall be onv leave in the armed forces of the United States, any such person shall have until six months after termination of his military service to qualify 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 January 1, 1947, 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 Subsection ( 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 January 1, 1947 ,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 ( 12) of this act. 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 January 1, 1947, 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 Benefits. ( 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 or 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 attained 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 retirement allowance; except that with the approval of his employer he may remain in service until the end of the fiscal year. Upon the recommendation of the employer

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and approved 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 age seventy-five.
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 consists of:
(a) An annuity which shall be the acturial equivalent of his accumulated contributions at the time of his retirement.
(b) A pension equal to seventy-five percentum 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 thereafter, the Board of Trustees may require a disability beneficiary who has not yet attained age sixty to undergo a medical examination, such 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 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 bene-

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ficiary is engaged in or .is able to engage in gainful occupation paying more than the difference between his retirement allowance and his average final compensation, the board of trustees may retduce 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 niay 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 average final compensation.
Restoration of Beneficiaries to Membership. (6) If a beneficiary is restored to service and receives annual compensation or 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 certificate 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.
Return of Contributions. (7) If a member ceases to be an employee other than by death or by retirement under this retirement system, the amount of his contribution 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 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.
Optional Allowance. (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 actual 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

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member, with the provision that after his death the reduced retirement allowance shall be continued throughout 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.
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 throughout 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 July 1, 1946, and prior to the commencement date shall be entitled to the benefits provided by this act; even though he is not an employee on the commencement date.
Section 6. Administration-Board of Trustees. ( 1) The administration and responsibility for the proper operation of the Georgia State Employees' Retirement System and for making effective the provisions of this act are hereby vested in the board of trustees of the Teachers' Retirement System of Georgia; or
(2) In the discretion of the governor, another board of trustees to consist of ;even members may be appointed as follows:
(a) The State Auditor, ex-officio.
(b) The State Insurance Commissioner, ex-officio.
(c) The Director of the Department of Public Welfare, ex-officio.
(d) The Director of the Department of Public Health, ex-officio.
(e) The Commissioner of Labor, ex-officio.
(f) One member appointed by the governor for a term of three years.
(g) A citizen of Georgia, not a member of the retirement system, who is experienced in the investment of money, who shall be elected by the other six members of the board of trustees for a term of four years.
( 3) If a vacancy occurs 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

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from the expense fund provided for in Section 8, Subsection ( 5) of this act for all necessary expense that they 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 that 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 for 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 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 such 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 valuation 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.
(II) Legal Advisor. The state attorney general shall be the legal advisor of the board of trustees.
( I2) Medical Board. 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, and shall report in writing to the board of trustees its conclusions and recommendations upon all the matters referred to it.
( 13) Duties of Actuary. 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, who shall perform such duties as are required in connection therewith.

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( 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 morality, 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 percentum and a maximum of 4 percentum, with the rate
of 30 percentum applicable until changed by the board.
( 15) On the basis of regular interest and the tables last adopted by the board of trustees, the actuary shall make annual valuations of the contingent assets and liability of the retirement system.
Section 7. Management of Funds. ( 1) 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 by 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 be made by t.he 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 1 required in the discretion of the trustees.
(3) For the purpose of meeting disbursements for pensions, annmt1es and oG._ payments, there may be kept available cash on deposit in one or more banks or trusl 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 percentum 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 suffi-
cient 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 invest-

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ment 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 be credited according to the purpose for which they are held among five funds to be known as the annuity savings 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 shall be 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 5 percentum 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 payable 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 an employee was not a member on the first day of the payroll period, and to facilitate the making of duductions the employer may modify the deductions required of any member but not more than one-tenth of one percentum 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 as 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 one-half

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of his average final compensation at age sixty. Such additional amount so deposited shall become a part of his accumulated contributions; provided that upon 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 contribution 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 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 therein.
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 contribution of employers of members shall consist of a percentage of the earnable compensation of members to be known as the normal contribution, and an additional percentage of such earnable compensation to be known as the accrued liability contribution. The rate percentum of such contribution shall be fixed on the basis of the liabilities of the retirement system as shown by acturial 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 percentum of each member's earnable compensation and the percentage accrued liability contribution rate shall be 4.10 percentum of each member's earnable compensation. In the case of employees of county, city-county, or city boards of health or county boards of public welfare, the percentum of normal contributions and of accrued liability contributions of employers shall be prorated between the county, city-county, or city board of health or the county board of public welfare and the state in direct ratio to the percentum of salary of such employee that is being paid by the county, city-county, or city, and the state.
(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 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

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payment of any pension payable on his account. After all accrued liability contributions have been completed, the normal contribution rate shall be the rate percentum of the earnable compensation of all members obtained by deducting from the total liabilities 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 percentum 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 percentum of the total earnable compensation of all members which is equivalent to 4 percentum 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 dischargeable 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 3 percentum 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 per centum contribution of each member for an annuity savings fund as provided for in Section 8, Subsection (1 a), of this act, 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 past of the earnable compensation of members payable from state or federal funds, or appropriations made to the department~. bureaus, board, and commissions participating in the retirement system, or from other funds of the state, at the rates provided in Section 8, Subsection (3a) of this act, 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) of this act, based on the part of the earnable compensation of members not payable from state or federal funds, or appropriations made to the departments, bureaus, boards, and commissions participating in the retirement system, 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

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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.
(f) All pensions, or benefits in lieu of pensions, payable to or on account of 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.
P'ension Reserve Fund. (4) The pension reserve fund shall be the fund in which shall be held the reserves on all pensions granted to members not entitled to credit for prior service, 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) On or before June 1 of each year, the percentage normal and accrued contribution rates as determined on the basis of the last actuarial valuation shall be certified by the board of trustees to the director or chief administrative officer of each state department, bureau, board or commission having members in his employ. Each department, bureau, board and commission, in their estimates submitted to the Budget Commission and/or the General Assembly of the State of Georgia of the funds necessary for the operation of their respective departments, bureaus, boards, or commissions, 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 earnable compensation of members payable from employees' salary or from other state or federal 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

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equal to the aforesaid percentages as a part of the earnable compensation of members payable from employees' salary funds and for the necessary expense to carry out this act.
Date of Commencement of Contribution. (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 dae. On January 1, 1947, 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. Exemptions 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 provisions 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 10. 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 a 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 error and to adjust as far as practicable the payments in such manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
Section 11. 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 purposes.
Section 12. Limitation and Membership. Except as specially 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

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employees in the state, their widows or their dependents, shall apply to members or beneficiaries of this retirement system, their widows or their dependents.

Section 13. Effective Date of Act. This act shall become effective upon 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 or the Budget Commission has made available funds for the contribution of the state for its part of such pensions and annuities as stated in this act.

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, the roll was called and the vote was as follows:

Those voting in th~ affirmative were:

Alexander of Carroll Alexander of Chatham Ansley Arnall Arnold Bargeron Barrett Barwick Beddingfield Bloodworth of Bibb Bloodworth of Houston Britton Brock Brooke Campbell Chance Cheek Claxton Cowart Crowley Dallis Dykes Ennis, Marion Etheridge of Fulton Evitt Fortson Gammage Garrison Gibson Gowen Greene

Greer Guerry Guyton Hand Harden Harrison of Jenkins Hart Hatchett Herndon Hicks Hinson of Ware Hogg Holleman Hollis Hubert Hurst
Jackson Kendrick Kenimer Kennon Key King Knabb Lam Lancaster Littlejohn Looper McCracken McCurdy Mallard Mankin

Mason Massey Mitchell Moye of Randolph Nicholson Oden O'Sheal Parks Phillips Pittman of Bartow Pittman of Tift Price Ray Ritchie Rossee Roughton Sears Sills Smith of Emanuel Thompson Thornton Trotter Twitty Weaver Whaley Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Wilson

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Those voting m the negative were:

Black Brunson Chastain Dorsey of Cobb Gaskins Gavin Giddens Hefner Hill Holbrook

Hooks Mann of Rockdale Manous Medders Murphy Parham Pennington Rowland Sapp Seagraves

Smiley Smith of Bryan Smith of Oglethorpe Sparks Strickland of Pike Watford Wells of Lincoln Witherington

Those not voting were: Adams, Adamson, Almand, Baker, Banks, Battles, Boynton, Brumby, Burch, Callaway, Cates, Cheshire, Connell, Connerat, Crow, Culpepper, DeFoor, Dorsey of White, Dupree, Durden, J. H. Ennis, Etheridge of Butts, Fowler, Freeman, Gary, Gilbert, Glisson, Griswell, Hall, Hampton, Hardy of Hall, Hardy of Jackson, Harrison of Screven, Harrison of Wayne, Herrin, Hinson of Jeff Davis, Holley, Holloway, Jennings of Sumter, Jennings of Terrell, Johns, Kelley, Kent, Lane, Lewis, Livingston, Lovett, McNall, McWhorter, Malone, Mann of Henry, Matthews of Paulding, Matthews of P'each, Maund, Miller, Moore, Morrison, Mosley, lVIoye of Brooks, Mullinax, Oakley, Odom, Oliver, Overby, Pannell, Pettit, Porter, Powell, Ramey, Riddlespurger, Seagler, Sheffield, Shields, Strickland of Upson, Sumner, Swint, Thrash, Underwood, Wells of Ben Hill, Williams of Appling, Williams of Gwinnett, Willis, Willoughby, and Young.

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 28.

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

HB 802. By Messrs. Hardy and Lancaster of Hall, Looper of Dawson, Holbrook of Forsyth, Hefner of Pickens, and Sparks of Towns:
A bill to he entitled an act to provide for the purchase and use of sulfaquanadine and sulfa-thiozol by poultry flock owners and dealers in poultry supplies; and for other purposes.
The following amendment was read and adopted:
Mr. Looper of Dawson moved to amend HB 802 by striking Section m its entirety and adding a new Section 1 to read as follows:
"On and after the passage of this act, it shall be lawful in this state for any recognized poultry flock owners to buy and use sulfa-quandine and sulfa-thiozol in original packages in powdered form only on his own requirements in the treatment of poultry diseases, or for dealers in poultry supplies to buy and sell same."
The report of the committee, which was bvorable to the passage of the bill, was agreed to as amended.

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367

On the passage of the bill, as amended, the ayes were 107, the nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
HR 185-800a. By Mr. Swint of Spalding:
A resolution proposing to the qualified voters of Spalding county and to the qualified voters of the State of Georgia an amendment to Paragraph 1 of Section V, Article VIII, of the Constitution of 1877, as amended, so as to provide for the division of Spalding county into school districts and for the election of the members of the county board of education from each school district; to provide for the terms of office and qualifications of members of the board of education; to provide for the election and appointment of a county school superintendent by the board of education; to prescribe the qualifications and the terms of office of the county school superintendent; to provide the submission of this amendment for ratification or rejection by the voters of Spalding county and the qualified voters of the state; and for other purposes.
Be it resolved by the General Assembly of Georgia::
Section 1. That Paragraph l of Section V of Article VIII of the Constitution of 1877, as amended, be further amended by adding at the end thereof a paragraph to read as follows, to wit:
"Provided, however, the members of the County Board of Education of Sp~ld ing county, Georgia, shall be elected by the peopleat the same time and for the same term that other county officers are elected, and shall hold their office until their successors are elected and qualified. 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 l'lOt at least a fair knowledge of the ;lementary branch of an English education, who is not favorable to the common school system, who is not a voter qualified to vote for the members of the General Assembly, who is a publisher of books or any agent for such publisher, or who shall have a pecuniary interest in the sale of school books. From and after the ratification of the amendment the Grand Jury of Spalding county shall make no future appointments of members of the county board of education, but the present board shall serve until their successors are duly elected as herein provided. Sixty days after the ratification of this amendment it shall be the duty of the ordinary of Spalding county, Georgia to call an election for the purpose of electing by the qualified voters in each school district, as herein provided for, a member of the county board of education from that school district. 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 districts numbers one, two, three, four and five, and one member of the county board of education from each school district shall be elected to serve on said board; and only the registered

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and qualified voters in each school district shall vote for the election of a member from that district. It shall be mandatory upon the officers herein named to exercise for powers granted under this amendment. The county superintendent of schools for Spalding county shall hold office and serve as superintendent of schools for the remainder of his elected term of office and until his successor is duly elected or appointed as herein provided for. After the ratification of this amendment the voters of Spalding county shall no longer elect the county superintendent of schools but such superintendent shall be elected or appointed by the county board of education for a term of two years and shall hold office until his successor is elected and qualified. Before any person is qualified or eligible to hold office as county superintendent of schools, 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 a degree of Master of Arts or an equivalent master's degree."
Section 2. Whenever this proposed amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same shall have been entered on their journals with the ayes and nays taken thereon, the same shall be published in a newspaper in Spalding county and in one or more newspapers in each congressional district of the state for two months previous to the time of holding the next general election in which members of the General Assembly are chosen, and the ratification or rejection of the same shall be submitted to the qualified voters of that portion of the County of Spalding lying outside the city limits of Griffin and to the qualified voters of this state, and the returns of the election by the qualified voters of Spalding county lying outside of the city limits of the City of Griffin shall be consolidated and certified to the governor, and the returns of the election held throughout the state shall be consolidated and the result of the election held throughout the state shall likewise be certified to the governor. Should the qualified voters of that portion of Spalding county, lying outside of the City of Griffin, vote in favor of the ratification of this amendment, and should the people of the State of Georgia likewise vote in favor of the ratification of the amendment, the governor shall issue his proclamation declaring the amendment adopted. Should either the qualified voters of that portion of Spalding county lying outside of the city limits of the City of Griffin, or the qualified voters of the State of Georgia vote against the ratification of the amendment, the same shall not be proclaimed as a part of the Constitution of this state.
Mr. Swint of Spalding asked unanimous consent that further action on this resolution be withdrawn, the consent was granted and further action on HR 185-800a was withdrawn.

The following resolution was read and adopted:
HR 183-788c. By Messrs. Williams and Hinson of Ware: A resolution to commemorate the memory of Lt. Vereen Bell, author of "Swamp Water," who lost his life in the service of his state and his country as an air combat intelligence officer, by designating the Highway No. 1 at Broganza, near Waycross, Georgia, and running to entrance of boat

THURSDAY, JANUARY -'.,., 1':140

369

trails on Cow House Island in Okefenokee Swamp, the "Vereen Bell Highway."

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 290. By Senator Freeman of the 22nd:
A bill to be entitled an act to amend Section 84-803 of the Code of Georgia of 1933 and all acts amendatory thereof, relating to the Georgia State Board of Embalming, etc., by striking the word "six" after the word "Of" and before the word "members" in the third line of said section and substituting in lieu thereof the word "seven," etc.; and fo:r: other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 207. By Senator Causey of the 46th:
A bill to be entitled ~n act to amend Title 84 of the Georgia Code of 1933; to define accountant; to provide for the certification and registration of public accountans; to repeal confl.icting laws; and for other purposes.

The following message was received from the Senate through Mrs. 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 619. By Messrs. Gowen and Gilbert of Glynn, Alevander and Connerat of Chatham and others:
A bill to be entitled an act to set aside rentals from Western and Atlantic Railroads for the purpose of building ports at Savannah and Brunswick; and for other purposes.
HB 692. By Mr. Whaley of Telfair:
A bill to be entitled an act to authorize the commissiOners of roads and revenues or other officials hatring control of fiscal affairs of the counties in

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the State of Georgia to fix and pay a salary of not more than $100 per month to the deputy clerks of superior courts of such counties; and for other purposes.

HR 148. By Mr. Gowen of Glynn:
A resolution authorizing allotments from the State Emergency Fund to the State Ports Authority; and for other purposes.

HR 159. By Mr. Hall of Treutlen:
A resolution authorizing and directing the Governor of Georgia to reconvey to James Fowler of Treutlen county certain lands conveyed by said Fowler to the State of Georgia for park purposes, said lands not having been used for such purpose, by execution and delivery of a deed to said James Fowler; and for other purposes.

HR 161. By Mr. Greene of Crisp:
A resolution proposing to establish a Memorial Park for Georgia Veterans; and for other purposes.

HB 620. By Messrs. Gowen and Gilbert of Glynn, Alexander of Chatham, and others:
A bill to be entitled an act to amend the State Ports Authority Act approved l\1arch 9, 1945, to provide for maintenance by the state of a system of state
docks; and for other purposes.

HB 478. By Messrs. Arnall and Hurst of Coweta:
A bill to be entitled an act to amend an act approved February 8, 1943, (Ga. Laws: 1943, pp. 167-170) by striking Section 3 of said act in its entirety and by rewriting said section providing that the salaries of said members of the State Board of Workmen's Compensation shall be fixed by the governor; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by substitute as amended the following bill of the House to wit:
HB 601. By Mr. Culpepper of Fayette:
A bill to be entitled an act to provide for the admission and maintenance of widows of Confederate veterans at the Confederate Soldiers' Home of

THURSDAY, JANUARY 24, 1946

371

Georgia; to provide for application and approval; to provide for maintenance at said Soldiers' Home to be in lieu of pensions; to provide that any widow not maintained at the home shall continue to receive her pension from the state; to provide that the State Department of Public Welfare shall have the authority, duty and responsibility of administering said home for the additional uses, etc.; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill and resolution of the House to wit:
HR 146. By Messrs. Harris of Richmond, Gowen of Glynn, Durden of Dougherty, and others:
A resolution to authorize additional allotment of funds for highway construction, teachers' salaries, textbooks, health, tuberculosis hospital, institutions, maintenance, and permanent improvements and welfare benefits.

HB 659. By Messrs. Durden of Dougherty, Hand of Mitchell, McCracken of Jefferson, and others:
A bill to be entitled an act to repeal Section 40-904 of the i933 Code of Georgia pertaining to Assistant Treasurer, salary, and appointment of clerks and to enact in lieu thereof a code section of the same number and covering same subject matter; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
The Senate h:s passed by the requisite constitutional majority the following bill and resolution of the Senate to wit:
SB 288. By Senators Gross of the 31st, Millican of the 52nd, and Johnson of the 24th:
A bill to be entitled an act to amend Section 34 (b) of the act of the General Assembly approved January 3, 1938, (Ga. Laws, 1937-38, Extraordinary Session, pages 77-103, as amended by the act approved March 8. 1945, (Ga. Laws, 1945, pages 270-275), relating to the procedure for granting tax refunds and interest thereon, by adding at the end of said Section 34 (b) a proviso fixing the date within which the State Revenue Commissioner is authorized to pay interest on tax refunds; to repeal conflicting laws; and for other purposes.

SR 69. By Senator Millican of the 52nd:

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A resolution proposing to the people of the State of Georgia an amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia as amended August 13, 1945; and for other purposes.

Mr. Kent of Glascock county, chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has read and examined the following resolution of the House and have instructed me as chairman, to report the same back to the House as correct and ready for transmission to the Governor:
HR 186
Respectfully submitted,
Kent of Glascock, Chairman.

Mr. Wells of Ben Hill 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 66 HR 81 HR 167 HR 168 HR 175 HR 184 HB 648 HB 719 HB 794 HB 801 HB 727 HB 359 HB 782

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373

HB 789 HB 798 HB 803 HB804

Respectfully submitted,

Wells of Ben Hill, Chairman.

Mr. Wells of Ben Hill 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 666
HB 765
HB 797 HB 779 HB777 HB 663 HB 780 HB784 HB 793
H.ft 757
Respectfully submitted, Wells of Ben Hill, Chairman.

Mr. Roughton of Washington arose on the point of personal privilege and addressed the House.
The speaker presented to the House the Hon. Sedwick Foster of Boston, Mass., who addressed the House.
The speaker presented to the House the Hon. Cleveland Reese, former member of the House from Webster county.

374

JOURNAL OF THE HOUSE,

Under the special and continuing order of business established by the Committee on Rules the following bill was taken up for consideration, read the third time and placed upon its passage:
HB 741. By Messrs. Wilson, Weaver and Bloodworth of Bibb and Bloodworth of Houston:
A bill to be entitled an act io require clerks of the superior courts to issue certified copies of veterans' discharge certificates and fix the fee at SOc each; and for other purposes.
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, and HB 741 went over as unfinished business.

FRIDAY, JANUARY 25, 1946

375

Representative Hall, Atlanta, Georgia. Friday, January 25, 1946.
The House met pursuant to adjournment this day at 10:00 o'clock a. m. and was called to order by the speaker pro tern.
The following scripture reading and prayer was delivered by the chaplain:

SCRIPTURE READING AND PRAYER BY CHAPLAIN JOSEPH M. BRANCH IN THE HOUSE OF REPRESENTATIVES ON JANUARY 25, 1946
I am the door: by me if any man enter in, he shall be saved, and shall go in and out, and find pasture.
The thief cometh not, but for to steal, and to. kill, and to destroy; I am come that they might have life, and they might have it more abundantly.
I am the good shepherd: the good shepherd giveth his life for the sheep.
My sheep hear my voice, and I know them, and they follow me.
And I give unto them etP.rnal life; and they shall never perish, neither shall any man pluck them out of my hand.
My Father, which gave them me, is greater than all; and no man is able to pluck them out of my Father's hand.-John 10:9,10,11,27,28,29.
PRAYER
We bless Thee our Father for that mysterious combination of sunshine and shower, of joy and sorrow, of sowing and reaping, or cradle songs and funeral hymns, of springtime that is ariot with color and fragrance and truneful with the music of birds, and wintertime with its colorless and cold that we call human life.
We thank Thee for the gift of Thy Son who has made it possible for us to have the comfort and pleasure of an abundant life.
That life that makes us willing to serve rather than to be served, help rather than to be helped, to give rather than to be given to, to pull up rather than to pull down.
That life that gives meaning to the fellowships of life since Eden's ancient bower when we wandered down by the margin of the limpid river where the water lilies slept in fadeless beauty and the lotus nods to the rippling waves, there under a bridal arch of orange blossome we see the world's first vision of human love. Since then we have sung, "With pleasures and palaces though we may roam, be it ever so humble, there is no place like home." May these fellowships become so increasingly beautiful that though the hair may have turned to silver and though the wrinkles in the face may be more than the years that we have wept together, yet may this fellowship be more rich and complete than in that far-off day when love's morning had its dawn.

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JOURNAL OF THE HOUSE,

We thank Thee for the hope of eternal life; for the time when the printing presses shall cease to turn out their bills, when the government shall cease to rise and fall, when the ships shall no longer ride the sea, when the cities shall be quiet and still and we shall stand in Thy blessed presence and we shall rejoice in the full orbit of glory of eternal life.

I stood beside the dying bed, I saw a saint with rNhing head, Awaiting the Master's call; He whispered Christ is all. I saw the Christian ransom throng, I heard the music of their songs; They shouted Christ is all.

May He be our all this day and every day to the end that we may enjoy an abundant life and eternal life, for Christ's sake.

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

Adams Adamson Adamson of Carroll Alexander of Chatham Almand Ansley Arnall Arnold Baker Banks Bargeron Barrett Barwick Battles Beddingfield Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Brumby Brunson Burch Callaway Campbell Cates Chance Chastain Cheek

Cheshire Claxton Connerat Cowart Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Gary Gaskins Gavin Gibson Giddens Gilbert Glisson

Gowen Greene Greer Guerry Guyton Hampton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hart Hefner Herndon Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Hurst Jackson

FRIDAY, JANUARY 25, 1946

377

Jennings of Sumter Jennings of Terrell Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane Lewis Littlejohn Livingston Looper Lovett McCracken McCurdy McNall McWhorter Mallard Malone Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Maund

Medders Mitchell Moore Morrison Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden Odom Oliver O'Shea! Overby Parham Parks Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Powell Price Ramey Ray Ritchie Rossee Roughton Rowland Sapp Seagler

Seagraves Sears Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Pike Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Watford Weaver Wells of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young

Mr. Evitt of Catoosa, chairman of the Committee on Journals, reported the journal of yesterday's proceedings had been read and found correct.

The journal was confirmed.

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

l. Report of standing committees.

2. Third reading and passage of uncontested local bills.

3. First reading of Senate bills.

Mr. Fortson of Wilkes county, chairman of the Committee on Hygiene and Sanitation, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Hygiene and Sanitation have had under consideration the following resolution of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SR 65. Do Pass
Respectfully submitted,
Fortson of Wilkes, 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 Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SB 250. Do Pass
Respectfully submitted,
Sills of Candler, Chairman.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by substitute as amended by the requisite constitutional majority the following bill of the House to wit:
HB 621. By Messrs. Connell and Cowart of Lowndes, Herrin of Echols, and others:
A bill to be entitled an act to create the 53rd and 54th Senatorial Districts; to rearrange and group the counties composing the 1st, 2nd, 6th, 7th, 8th, 15th, 16th, and 49th Senatorial Districts, to provide a system of rotation for the election of senators for the 1st, 2nd, 6th, 7th, 8th, 15th, 16th, 49th, 53rd, and 54th Senatorial Districts; to repeal all laws in conflict herewith; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:

FRIDAY, JANUARY 25, 1946

379

The Senate has passed by the requisite constitutional majority the following bill of the House to wit:
HB 709. By Messrs. Connell of Lowndes, Williams of Ware, Alexander of Chatham, and others:
A bill to be entitled an act to amend the General Appropriations Act (Ga. L. 1943, pp. 84-96) approved Jan. 29, 1943, by appropriating from the State Treasury the sum of $500,000.00 to be used to match federal funds for the construction of armories for the Georgia National Guard when such federal funds are available, etc.; and for other purposes.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 278. Sy Senators Gould of the 4th, and Stone of the 15th:
A bill to be entitled an act to amend Section 84-303 of the Code of 1933 by adding at the end of said section another section to be designated as Section 84-303a, which added section provides for the issuance of a certificate of registration and the right to practice architecture and use the title to all persons having graduated and holding a diploma from institutions approved by the American Institute of Architects, and who have served at least two years in the naval or armed forces of their country since their graduation; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the ser.retary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:
HB 635. By Mr. Durden of Dougherty:
A bill to be entitled an act to fix fees for clerks of the superior courts of this state; and for other purposes.
The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:

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JOURNAL OF THE HOUSE,

SB 293. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof and in particular the act approved March 20, 1939 (Ga. Laws, 1939, page 841, et seq.); and for other purposes.

By unanimous consent the following bill and resolution of the House and Senate were favorably reported and read the second time:
SB 250. By Senator Millican of the 52nd:
A bill to be entitled an act to provide for a county manager form of government for Fulton courity; and for other purposes.

SR 65. By Senator Freeman of the 22nd:
A resolution authorizing the Department of Public Welfare to provide an institution for the treatment of inebriates; and for other purposes.

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 806. By Messrs. Holley, Harris and King of Richmond:
A bill to be entitled an act to change the name of the Reformatory Institute of Richmond county to the Richmond County Juvenile Institute, and to provide for the management 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 103, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 273. By Senator Hodges of the 26th:
A bill to be entitled an act to create a new charter for the City of J ack:son and define 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.
SB 276. By Senator Rainey of the 11th: A bill to be entitled an act to amend the charter of the City of Dawson to provide for zoning and planning ordinances; and for other purposes.

FRIDAY, JANUARY 25, 1946

381

The report 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 243. By Senator Walker of the 45th:
A bill to be entitled an act to amend the charter of the City of Fitzgerald to provide for zoning and planning ordinances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 281. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide that employees of the Department of Law shall be placed under the Civil Service; and for other purposes.
The report 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 270. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the act creating a Civil Service Board for Fulton county to provide for the appointment and removal of the members of the 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 108, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 274. By Senator Minchew of the 5th:
A bill to be entitled an act to fix the salary of the Commissioner of Atkinson county at $1,800.00 a year; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

382

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 109, the nays 0. The bill, having received the requisite constitutional majority, was passed.

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

SB 207. By Senator Causey of the 46th:
A bill to be entitled an act to amend Title 84 of the Georgia Code of 1933; to define accountant; to provide for the certification and registration of public accountants; to repeal conflicting laws; and for other purposes.
Referred to Committee on State of Republic.

SB 242. By Senator Holsenbeck of the 27th:
A bill to be entitled an act to create the Executive Mansion Committee to build a new Governor's Mansion; and for other purposes.
Refer{ed to Committee on State of Republic.

SB 278. By Senators Gould of the 4th, and Stone of the 15th:
A bill to be entitled an act to amend Code Section 84-303 to allow any person who is graduated in architecture from a school approved by the American Institute of Architects and who has served two years in the armed services to practice without an examination; and for other purposes.
Referred to Committee on State of Republic.

SB 288. By Senators Gross of the 31st, Millican of the 52nd, and Johnson of the 24th:
A bill to be entitled an act to amend the law providing tax refunds to limit the time the State Revenue Commissioner may pay interest on such tax refunds; and for other purposes.
Referred to Committee on Ways and Means.

SB 290. By Senator Freeman of the 22nd: A bill to be entitled an act to amend Code Section 84-803 to provide for seven members of the State Board of Embalming instead of six; and for other purposes. Referred to Committee on Hygiene and Sanitation.
SB 295. By Senator Millican of the 52nd: A bill to be entitlell an act to amend the charter of the City of Atlanta to

FRIDAY, JANUARY 25, 1946

383

provide airport zoning regulations; and for other purposes. Referred to Committee on Municipal Government.

SR 69. By Senator Millican of the 52nd:
A resolution proposing an amendment to Article 7, Section 7, Paragraph 5
of the Constitution authorizing Fulton county, DeKalb county and the City of Atlanta or either of them to issue revenue anticipation certificates for the construction of a stadium; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

SB 293. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act for establishing a new charter for the City of Atlanta; and for other purposes.
Referred to Committee on Municipal Government.

The following report from 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 session have established as a special and continuing order of business, superseding all other business, and beginning immediately after the period of unanimous consent, the following resolution of the Senate to wit:
SR 27. Gubernatorial Succession.
Respectfully submitted,
Durden of Dougherty, Vice-Chairman.

Under the special and continuing order of business established by the Committee on Rules the following resolution of the Senate was taken up for consideration, read the third time and placed upon its passage:
SR 27. By Senators Gross of the 31st, Mavity of the 44th, Branch of the 47th, Wall of the 9th, Drake of the 8th, Stone of the 15th, Bennett of the 17th, Baggett of the 51st, and Dawes of the 14th:
A resolution proposing to the qualified voters of the state, tor ratification or rejection, an amendment to the Constitution of 1877, and all amendments thereto, protecting the right of the sovereign people to re-elect or defeat their elective state officials; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section l. Upon the approval of this resolution, in the manner hereinafter pro-

384

JOURNAL OF THE HOUSE,

vided, the Constitution of Georgia of 1877 and all amendments thereto, including the amendment submitted to the people of Georgia by the 1945 General Assembly revising the Constituti9n, be and the same are hereby amended by adding at the end of the Bill of Rights, which said Bill of Rights relates to the "rights of the citizens," the following:
"The right of the sovereign people to re-elect or defeat any or all of their elective state officials shall not be abrogated, denied or abridged."
Section 2. The said amendment to the Constitution shall take priority over all provisions and amendments heretofore or at the same time adopted by the people and the effect of the said amendment shall be to repeal any conflicting provision now embodied in the Constitution of 1877 or in any amendment thereto which may have been adopted of which might be adopted at the time of the ratification of this said amendment. Provided, moreover, that the amendment herein proposed shall supersede and repeal any specific prohibition or restriction, irrespective of its position in the Constitution, on the right of the people to re-elect or defeat any or all of their elective state officials which may be provided in the present Constitution or irt any amendment heretofore or at the same time adopted.
Section 3. When said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon their respective journals, with the ayes and nays thereon, and shall be published and submitted according to law to the qualified voters of Georgia for ratification or rejection at the next general election. All persons voting in 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 the amendment protecting the elective right of the sovereign people." And all persons opposed to the adoption of said amendment shall have .written or printed on their ballots the words, "Against ratification of the amendment protecting the elective right of the sovereign people."
If a 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, and return thereof made to the governor, then he shall declare the said amendment adopted and proclaim the amendment as a part of the Constitution of the State of Georgia as provided by the Constitution and laws relating to constitutional amendments.
Section 4. Any and all provisions of law or resolutions and parts of laws in conflict with this amendment be and the same are hereby repealed.
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.
On the adoption of the resolution, the roll was called and the vote was as follows:

FRIDAY, JANUARY 25, 1946

385

Those voting in the affirmative were:

Adams Adamson Alexander of Carroll Almand Arnall Baker Banks Barwick Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Brumby Brunson Callaway Campbell Chance Cheshire Claxton Cowart Crow Crowley Dorsey of White Dupree Ennis, J. H. Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Gaskins Gavin Gibson Greene Guerry

Hampton Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Wayne Hart Herndon Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Hollis Hubert Hurst Jennings of Terrell
Johns Kenimer Kennon Key Knabb Lam Lancaster Lane Littlejohn Livingston McCurdy McNall McWhorter Mallard Malone Mankin Mann of Henry Mason Massey Matthews of Paulding Maund Medders Miller Mitchell Moore

Those voting in the negative were:

Alexander of Chatham Ansley

Arnold Bargeron

Mosley Moye of Brooks Moye of Randolph Mullinax Murphy Nicholson Oakley Oden O'Shea! Overby Parks Pettit Phillips Pittman of Bartow Pittman of Tift Porter P'rice Riddlespurger Ritchie Rossee Seagraves Sears Shields Sills Smiley Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Upson Thompson Thornton Thrash Twitty Wells of Ben Hill Whaley Williams of Appling Williams of Coffee Williams of Jones Williams of Ware Willis Witherington Young
Barrett Battles

386

JOURNAL OF THE HOUSE,

Burch Cates Chastain Cheek Connell Conner at Culpepper Dallis DeFoor Dorsey of Cobb Durden Dykes Garrison Gary Giddens Gilbert Glisson Gowen Greer Guyton Hand Harrison of Screven Hatchett

Hefner Herrin Hicks Holleman Holley Holloway Hooks Jackson Jennings of Sumter Kelley Kendrick Kent King Lewis Looper Lovett McCracken Mann of Rockdale Manous Matthews of Peach Morrison Odom Oliver

Pannell Parham Pennington Powell Ramey Ray Roughton Rowland Sapp Seagler Smith of Bryan Strickland of Pike Sumner Swint Trotter Watford Weaver Wells of Lincoln Williams of Gwinnett Williams of Toombs Willoughby Wilson

Not voting were: Griswell, Hall, Sheffield, and Underwood.

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

On the adoption of the resolution the ayes were 126, the nays 74.

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

Mr. Kent of Glascock county, chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has read and examined the following bills of the House and have instructed me as chairman, to report the same back to the House as correct and ready for transmission to the Governor:
HB 367
HB 478
Respectfully submitted,
Kent of Glascock, Chairman.

FRIDAY, JANUARY 25, 1946

387

Mr. Wells of Ben Hill county, chairman of the Committee on Engrossing, subfitted 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 760 HB 776 HB 802
HB806
HR 183
Respectfully submitted,
Wells of Ben Hill, Chairman.

Mr. Durden of Dougherty moved that the House do now adjourn until 10:00 o'clock tomorrow morning, the motion prevailed and the speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

388

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Saturday, January 26, 1946.
The House met punuant to adjournment this day at 10:00 o'clock, was called to order by the speaker, and opened with scripture reading and prayer by Rev. Neal H. Bowles, of the Christian Science Publication of Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Evitt of Catoosa reported the journal of yesterday's proceedings had been read and found correct.
The journal was confirmed.
Mr. Thompson of Meriwether asked unanimous consent that the scripture reading and prayer of Dr. Joseph Branch of January 25th, 1946, be inserted in the journal of that date, and the unanimous consent request was granted.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consent:
1. Reports of standing committees.
2. Second reading of bills and resolutions favorably reported.
3. Third reading and passage of uncontested local bills.

Mr. Bloodworth of Bibb county, chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consic!eration 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 295. Do Pass
SB 293. Do Pass
Respectfully submitted,
Bloodworth of Bibb, Chairman.

Mr. Arnall of Coweta 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 Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:

SATURDAY, JANUARY 26, 1946

38S

SB 288. Do Pass

Respectfully submitted,

Arnall of Coweta, Chairman.

Mr. McCracken of Jefferson county, chairman of the 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 recommendation:
SB 207. Do Pass
SB 242. Do Pass
SB 278. Do Pass
Respectfully submitted,
McCracken of Jefferson,

Mr. Pittman of Bartow 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 resolution of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendation:
SR 69. Do Pass
Respectfully submitted,
Pittman of Bartow, Chairman.

By unanimous consent the following bills and resolution of the House and Senate were favorably reported and read the second time:
SB 207. By Senator Causey of the 46th:
A bill to be entitled an act to amend Title 84 of the Georgia Code of 1933; to define accountant; to provide for the certification and registration of public accountants; to repeal conflicting laws; and for other purposes.

SB 242. By Senator Holsenbeck of the 27th:
A bill to be entitled an act to create the Executive Mansion Committee to build a new Governor's Mansion; and for other purposes.

390

JOURNAL OF THE HOUSE,

SB 278. By Senators Gould of the 4th and Stone of the 15th:
A bill to be entitled an act to amend Code Section 84-303 to allow any person who is graduated in architecture from a school approved by the American Institute of Architects and who has served two years in the armed services to practice without an examination; and for other purposes.

SB 288. By Senators Gross of the 31st, Millican of the 52nd, and Johnson of the 24th:
A bill to be entitled an act to amend the law providing tax refunds to limit the time the State Revenue Commissioner may pay interest on such tax refund; and for other purposes.

SB 295. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide airport zoning regulations; and for other purposes.

SR 69. By Senator Millican of the 52nd:
A resolution proposing an amendment to Article 7, Section 7, Paragraph 5
of the Constitution authorizing Fulton county, DeKalb county, and the City of Atlanta or either of them to issue revenue anticipation certificates for the construction of a stadium; and for other purposes.
SB 293. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide the prevailing wage rate shall be paid skilled mechanics in the city employ; and for other purposes.

The following bills of the House were taken up for the purpose of considering Senate substitutes thereto:
HB 674. By Messrs. Holleman, Shields and Young of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus, relating to the power of the city to furnish local service; and for other purposes.
The following Senate amendments were read:
Senator Johnson of the 24th moved to amend HB 674, the same relating to the authority of the City of Columbus to furnish local public service, by amending the caption thereof by adding before the words "and for other purposes" the following:
"To provide that no public utility operating hereunder shall extend beyond the established limits of Muscogee county."
Said bill is further amended by adding to Section 3 (7) the following:

SATURDAY, JANUARY 26, 1946

391

"No public utility operating within the purview of this act shall extend beyond the established limits of Muscogee county. No services shall be rendered by any public utility operating under the provisions of this law beyond the established limits of Muscogee county."

Senator Johnson of the 24th moved to amend HB 674, by adding thereto a new Section 1 (a) and reading as follows:

1 (a). "Before the City of Columbus shall be authorized to condemn properties of public utilities referred to in Section I hereof, such condemnation must be authorized by a majority of the registered voters voting at an election held for such purpose in said city, and provided further, that a majority of the registered voters of said city shall vote in said election. Such election shall be held in compliance with
Article 7, Section 7, Paragraph 5 of the Constitution and the applicable statutary
laws of this state."

Mr. Holleman of Muscogee moved that the House agree to the Senate amendments to HB 674.

On the motion to agree to the Senate amendments to HB 674 the roll was called and the vote was as follows :

Those voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Almand Arnall Bargeron Barrett Barwick Battles Beddingfield Bloodworth of Bibb Boynton Britton Brock Brooke Brunson Callaway Campbell Chance Chastain Cheek Cheshire Claxton Conner at Cowart Crow,

Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Etheridge of Butts Evitt Fortson Gammage Garrison Gaskins Gavin Giddens Glisson Gowen Greene Guerry Guyton Harden Hardy of Hall Hardy of Jackson

Harrison of Jenkins Hatchett Hefner Herrin Hicks Hill Hinson of Ware Hogg Holbrook Holleman Holley Hollis Holloway Hooks Hubert Jackson Jennings of Terrell Kelly . Kenimer Kennon Kent Key King Lam Lancaster

392

JOURNAL OF THE HOUSE,

Lane McCracken McCurdy McNall Mallard Mann of Henry Mann of Rockdale Mason Massey Matthews of Peach Maund Medders Moye of Randolph Mullinax Nicholson Oakley Odom Oliver

Pannell Parham Parks Pettit Phillips Pittman of Bartow Pittman of Tift Price Ray Roughton Rowland Seagraves Sears Shields Sills Smiley Smith of Bryan Smith of Emanuel

Smith of Oglethorpe Sparks Sumner Thompson Thrash Trotter Twitty Watford Weaver Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Toombs Williams of Ware Wilson Young

Not voting were: Adams, Adamson, Ansley, Arnold, Baker, Banks, Black, Bloodworth of Houston, Brumby, Burch, Cates, Connell, J H. Ennis, Marion Ennis, Etheridge of Fulton, Fowler, Freeman, Gary, Gibson, Gilbert, Greer, Griswell, Hall, Hampton, Hand, Harrison of Screven, Harrison of Wayne, Hart, Herndon, Hinson of Jeff Davis, Hurst, Jennings of Sumter, Johns, Kendrick, Knabb, Lewis, Littlejohn, Livingston, Looper, Lovett, McWhorter, Malone, Mankin, Manous, Matthews of Paulding, Miller, Mitchell, Moore, Morrison, Mosley, Moye of Brooks, Murphy, Oden, O'Sheal, Overby, Pennington, Porter, Powell, Ramey, Riddlespurger, Ritchie, Rossee, Sapp, Seagler, Sheffield, Strickland of Pike, Strickland of Upson, Swint, Thornton, Underwood, Wells of Ben Hill, Williams of Gwinnett, Williams of Jones, Willis, Willoughby, and Witherington.

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

On the motion to agree to the Senate amendments to HB 674 the ayes were 128, the nays 0, and the Senate amendments were agreed to.

HB 659. By Messrs. Connell of Lowndes, Durden of Dougherty and others:
A bill to be entitled an act to provide for the appointment of an assistant State Treasurer by the State Treasurer; and for other purposes.
The following Senate amendment was read:
The Committee on State of the Republic moved to amend HB 659 by striking Section 1 in its entirety and inserting a new section to be known as Section 1 and reading as follows:
Section 1. That Section 40-904 of the 1933 Code of Georgia be and the same is hereby repealed in its entirety and there is hereby amended in lieu thereof another code section bearing the same number which, when enacted, shall read as follows:

SATURDAY, JANUARY 26, 1946

393

Section 40-904. Assistant State Treasurer-Clerks. There shall be an officer in the State Treasury Department to be styled Assistant State Treasurer. The salary of said Assistant State Treasurer shall be $4,800.00 per annum, and his appointment shall be by the State Treasurer. All clerks of said department shall be appointed by the State Treasurer, who shall fix the salaries of said clerks within the limits of the legislative appropriation.
Mr. McCracken of Jefferson moved that the House agree to the Senate amendment to HB 659.
On the motion to agree to the Senate amendment to HB 659 the ayes were 103, the nays 0, and the Senate amendment was agreed to.

HB 690. By Mr. Durden of Dougherty:

A bill to be entitled an act to amend motor common carriers act by limiting
the granting of certificates where another carrier is already the holder of a certificate; and for other purposes.
Amend H B 690:
By striking out Section 1, and in lieu thereof inserting the following as Section 1:
"Section 68-609 of the Georgia Code of 1933 entitled 'Considerations Determining Granting of Certificate of Public Convenience and Necessity' is hereby amended by adding at the end thereof the following:
"No certificate shall be granted to an applicant proposing to operate over the route of any holder of a certificate when the public convenience and necessity with respect to such route is being adequately served by such certificate holder; and no certificate shall be granted to an applicant proposing to operate over the route of any holder of a certificate unless and until it shall be proved to the satisfaction of the commission that the service rendered by such certificate holder, over the said route, is inadequate to the public needs; if the commission shall be of the opinion that the service rendered by such certificate holder over the said route is in any respect inadequate to the public needs, such certificate holder shall be given reasonable time and opportunity to remedy such inadequacy before any certificate shall be granted to an applicant proposing to operate over such route."
Mr. Young of Muscogee moved that the House agree to the Senate amendment to HB 690.
On the motion to agree to the Senate amendment the ayes were 105, the nays 0, and the Senate amendment was agreed to.

HR 146. By Messrs. Harris of Richmond, Gowen of Glynn, and others:
A resolution authorizing additional allotment of funds for highway construction, teachers' salaries, textbooks, health, tuberculosis hospital, insti-

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JOURNAL OF THE HOUSE,

tutions maintenance, and permanent improvements and welfare benefits; and for other purposes.
The following amendments were read:
Senator Gross of the 31st moved to amend HR 146 byadding a new paragraph at the end of the paragraph entitled "Highway, Department of," and to read as follows:
Of the amount herein appropriated a sum equal to that which is now or may hereafter be appropriated to the State of Georgia by the Federal Government for the construction of secondary highways, farm to market roads, rural post roads, and school bus routes, is specifically appropriated to match federal funds for said purposes. The total amount of federal funds so allocated and state funds herein appropriated to match the federal appropriation shall be used as follows:
Two-thirds of the total amount for the construction of rural post roads and farm to market roads as defined in the act of the General Assembly approved March 18, 1937 (Georgia Laws, 1937, pages 912-918), said funds to be distributed and used as provided in said act. One-third of the total amount so designated to be used for the construction of secondary roads now on the State Highway System.
Mr. Harris of Richmond moved that the House agree to the Senate amendment to HR 146.
On the motion to agree to the Senate amendment, the ayes were 103, the nays 0 and the Senate amendment was agreed to.

The following Senate amendment was read:
Senator Stone moved to amend HR 146 relating to the appropnatwn of state funds by adding to the section dealing with "Education, Department of," a section to be known as "C," and reading as follows:
The sum of $100,000.00 in addition to the regular operation is hereby appropriated and allocated to the State Board of Education, to be used for building purposes at the North Georgia Vocational School.
Mr. Harris of Richmond moved that the House agree to the Senate amendment to HR 146.
On the motion to agree to the Senate amendment, the ayes were 105, the nays 0, and the Senate amendment was agreed to.

HB 580. By Messrs. Hatchett and Thompson of Meriwether, Mrs. Guerry of Macon, l\1essrs. Lam of Troup and Kenimer of Harris:
A bill to be entitled an act to repeal Code Section 32-1006 and substitute a new section to provide county superintendents of schools shall be classified and certified under the provisions o'f Acts 1937, pp. 882-885; to provide that the State Board of Education shall fix their salaries; and for other purposes.

SATURDAY, JANUARY 26, 1946

395

The following amendment was read:
Senator Edwards of the 28th moved to amend HB 580 by striking the words "Less than $50.00 per month" in Section 32-1006 and substituting in lieu thereof "Less than $70.00 per month."
Mr. Thompson of Meriwether moved that the House agree to the Senate amendment to HB 580.
On the motion to agree to the Senate amendment, the ayes were 103, the nays 7, and the Senate amendment was agreed to.

HB 722. By Mr. Hicks of Floyd:
A bill to be entitled an act to increase the salary of the judge of the City Court of Rome; and for other purposes.
The following substitute was read:
An act to amend an act entitled "An act to establish a City Court in the County of Floyd as amended" to provide a salary for the judge of said City Court; to fix the date of beginning and expiration of the term; to provide that the judge elected in the general election of 1946 shall be permitted to practice law until he takes the oath of office as judge of said court.
Be it amended by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. That an act approved September 27, 1883, as amended, entitled an act creating the City Court of Floyd county, Georgia, be and the same together with all amendments thereto is amended as follows:
Section 2. That any person hereinafter elected at the 1946 general election shall be qualified to practice law until he takes the oath of office for the term for which he is elected.
Section 3. That from and after the first day of October, 1947, the salary of the judge of the City Court of Floyd county, Georgia, shall be four hundred dollars per month, in lieu of two hundred and fifty dollars per month, as now provided in the act of September 27, 1883, as amended.
Section 4. That the person elected as judge of the City Court of Floyd county, Georgia, in the general election of 1946, shall, after taking office, serve as judge of said court until the thirty-first day of December, 1950.
Section 5. That from the first day of January, 1951, the person elected as judge of said court in the general election of 1950 shall serve for a period of four years, beginning on the first day of January, 1951, and shall continue in office as judge of said court until the thirty-first day of December, 1954.
Section 6. Be it further enacted by the authority of the same, that all laws and parts of laws in conflict herewith be and the same are hereby repealed.

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JOURNAL OF THE HOUSE,

Mr. Hicks of Floyd moved that the House agree to the Senate substitute to HB 722.
On the motion to agree to the Senate substitute, the ayes were 104, the nays 0, and the Senate substitute was agreed to.

HB 621. By Messrs. Connell of Lowndes and others:

A bill to be entitled an act to create the 53rd Senatorial District composed of Cook, Brooks and Berrien counties and reapportion the 6th, 7th and 8th Senatorial Districts; and for other purposes.

The following substitute was read: Substitute for HB 621:

A bill to be entitled an act to amend Section 47-102 of the Code of Georgia of 1933, and all acts amendatory thereof, relating to the Senatorial Districts of said state, by striking said section in its entirety, and substituting in lieu thereof a new sectio~ to be numbered 47-102, so as to provide for fifty-four Senatorial District.s of the State of Georgia; to provide that the same shall be distributed and be composed of the various counties of said state; to repeal all conflicting laws; 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, Section 47-102 of the Code of Georgia of 1933, and all acts amendatory thereof, be and the same is hereby repealed in its entirety, and there is substituted in lieu thereof a new section to be numbered Section 47-102, relating to the fifty-four Senatorial Districts of said state, reading as follows:

47-102. There shall be fifty-four (54) Senatorial Districts of the State of Geor-

gia, and the same shall be distributed and composed of the various counties of said

state as follows to wit:



No. 1. Effingham, Chatham.

No. 2. Liberty, Bryan, and Mcintosh.

No. 3. Long, Brantley, and Wayne.

No. 4. Charlton, Camden, and Glynn.

No. 5. Clinch, Ware, and Atkinson.

No. 6. Lanier, Echols, and Lowndes.

No. 7. Mitchell, Thomas, and Grady.

No. 8. Miller, Decatur, and Seminole.

No. 9. Baker, Calhoun, and Early.

No. 10. Worth, Lee, and Dougherty.

SATURDAY, JANUARY 26, 1946

397

No. 11. Clay, Randolph, and Terrell. No. 12. Webster, Quitman, and Stewart.
No. 13. Sumter, Macon, and Schley.
No. 14. Pulaski, Bleckley, and Dooley. No. 15. Thomas, Montgomery, and Wheeler. No. 16. Emanuel, Laurens, and Treutlen. No. 17, Burke, Jenkins, and Screven. No. 18. Jefferson, Richmond, and Glascock. No. 19. Greene, Warren, and Taliaferro. No. 20. Washington, Baldwin, and Hancock. No. 21. Johnson, Wilkinson, and Jones. No. 22. Lamar, Monroe, and Butts. No. 23. Taylor, Crawford, and Peach. No. 24. Marion, Muscogee, and Chattahoochee. No. 25. Talbot, Harris, and Upson. No. 26. Fayette, Spalding, and Clayton. No. 27. Oconee, Jackson, and Barrow. No. 28. Putnam, Morgan, and Jasper. No. 29. McDuffie, Columbia, and Lincoln.

No. 30. Hart, Madison, and Elbert No. 31. Habersham, Franklin, and Stephens. No. 32. White, Lumpkin, and Dawson. No. 33. Banks, Hall, and Forsyth. No. 34. Rockdale, DeKalb, and Gwinnett.
No. 35. Newton, Walton, and Henry.
No. 36. Pike, Coweta, and Meriwether. No. 37. Heard, Carroll, and Troup. No. 38. Polk, Paulding, and Haralson. No. 39. Cherokee, Douglas, and Cobb.

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JOURNAL OF THE HOUSE,

No. 40. Rabun, Towns, and Union. No. 41. Fannin, Gilmer, and Pickens.
No. 42. Floyd, Bartow, and Chattooga.
No. 43. Murray, Whitfield, and Gordon.
No. 44. Catoosa, Dade, and Walker.
No. 45. Telfair, Irwin, and Ben Hill. No. 46. Coffee, Pierce, and Bacon.
No. 47. Turner, Colquitt, and Tift. No. 48. Wilcox, Crisp, and Dodge. No. 49. Candler, Evans, and Bullock. No. 50. Wilkes, Oglethorpe, and Clarke. No. 51. Bibb, Twiggs, and Houston. No. 52. Fulton. No. 53. Cook, Brooks, and Berrien. No. 54. Appling, Jeff Davis, and Tattnall. Section 2. The first county named in each of the above sections shall furnish the Senator for the next general election and, after that, the counties in the order named above shall furnish the Senator for that district.
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. Kennon of Cook moved that the substitute to HB 621 be adopted.
The following amendments were read and adopted:
Messrs. Connell of Lowndes and Greer of Lanier moved to amend HB 621 by adding another section properly numbered to read as follows:
"The provisions of this act shall take effect on January 1, 1947."
Messrs. Smith of Emanuel, Guyton of Effingham, and Connerat, Alexander and McNall of Chatham moved to amend HB 621 by adding as follows:
By striking Section 1 in its entirety and inserting in lieu thereof the following:
Section 1. Under the authority contained in Paragraph 1, Section 2 of Article 3 of the Constitution as amended whereby the General Assembly is granted authority to create, rearrange and change Senatorial Districts within the limitation stated herein, the following new Senatorial Districts to be known as the 53rd and 54th Senatorial Districts are hereby created. The 53rd Senatorial District shall be com-

SATURDAY, JANUARY 26, 1946

399

posed of the Counties of Cook, Brooks and Berrien and the 54th Senatorial District shall be composed of the Counties of Toombs, Evans and Tattnall.

Section 2. By adding a new section as follows: The 1st Senatorial District shall be composed of the Counties of Bryan and Chatham. By renumbering the remaining sections and by changing the caption accordingly, the 2nd Senatorial District shall be composed of the Counties of Liberty, Long and Mcintosh. The 15th Senatorial District shall be composed of the Counties of Treutlen, Montgomery and Wheeler. The 16th Senatorial District shall be composed of the Counties of Emanuel, Johnson and Laurens. The 49th Senatorial District shall be composed of the Counties of Candler, Effingham and Bulloch.

Mr. Sills of Candler moved the previous question, the motion prevailed and the main question was ordered.
On the motion to agree to the Senate substitute to HB 621 as amended, Mr. Kennon of Cook moved the ayes and nays and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander of Chatham Ansley Arnall Bargeron Barwick Battles Beddingfield Black Bloodworth of Bibb Boynton Britton Brock Brooke Brunson Campbell Cates Chance Chastain Cheek Cheshire Claxton Conner at Cowart Crowley Culpepper Dallis Dorsey of Cobb Dorsey of White Dupree

Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Garrison Gary Gaskins Gavin Gowen Greene Guyton Hampton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Wayne Hatchett Hefner Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Holleman Holley Hooks Hubert

Jennings of Terrell Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Lane McCracken McCurdy McNall McWhorter Mankin Mann of Rockdale Mason Matthews of Peach Medders Mitchell Morrison Moye of Randolph Mullinax Murphy Nicholson Pannell Parks Pettit Phillips

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JOURNAL OF THE HOUSE,

Pittman of Bartow
Pittman oJ Tift
Price Ritchie Seagler Seagraves Sears Shields Sills

Smith of Emanuel Smith of Oglethorpe Sparks Sumner Thompson Thrash Trotter Twitty Weaver

Wells of Lincoln Whaley Williams of Appling Williams of Ware Willis Wilson Young

Those voting in the negative were:

Adamson Almand Barrett Callaway Durden Dykes Gammage Giddens Glisson

Guerry Harrison of Jenkins Harrison of Screven Holbrook Holloway Looper Mallard Mann of Henry Massey

Oakley Oliver Parham Ray Rowland Sapp Smiley Smith of Bryan Watford

Not voting were: Alexander of Carroll, Arnold, Baker, Banks, Bloodworth of Houston, Brumby, Burch, Connell, Crow, DeFoor, J. H. Ennis, Freeman, Gibson, Gilbert, Greer, Griswell, Hall, Hart, Herndon, Hogg, Hollis, Hurst, Jackson, Jennings of Sumtet, Johns, Kelley, Lewis, Littlejohn, Livingston, Lovett, Malone, Manous, Matthews of Paulding, Maund, Miller, Moore, Mosley, Moye of Brooks, Oden, Odom, O'Shea!, Overby, Pennington, Porter, Powell, Ramey, Riddlespurger, Rossee, Roughton, Sheffield, Strickland of Pike, Strickland of Upson, Swint, Thornton, Underwood, Wells of Ben Hill, Williams of Coffee, Williams of Gwinnett, Williams of Jones, Williams of Toombs, Willoughby, and Witherington.

On the motion to agree to the Senate substitute as amended to HB 621, the ayes were 115, the nays 27, and the Senate substitute was agreed to as amended.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 647. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an act to provide for the retirement of judges of the Criminal Court of Fulton county; and for other purposes.

HB 666. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to be entitled an act to direct the county commissioners of all counties

SATURDAY, JANUARY 26, 1946

401

of 300,000 or over, to pay the ordinary $9,000.00 annually; and for other purposes.

HB 723. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to provide for the use of voting machines in counties having a population of 300,000; and for other purposes.

HB 750. By Mr. Willoughby of Clinch:
A bill to be entitled an act to provide that the tax receiver of Clinch county shall be paid a commission on all taxes collected by the tax collector for the County Board of Education; and for other purposes.

HB 777. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton:
A bill to be entitled an act to amend an act to change from the fee to the salary system in certain counties in Georgia; and for other purposes.

HB 782. By Messrs. Hardy and Lancaster of Hall:
A bill to be entitled an act to amend Paragraph 95,803 of the Georgia Code of 1933 by adding thereto a provision for counties having a population of not less than 34,800 nor more than 35,000 authority to levy a tax at a rate not greater than six-tenths of one percentum for the purpose of paying the salaries and wages and for working and repairing the public roads; and for other purposes.

HB 786. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend an act entitled "An act to create a new charter for the City of East Point"; and for other purposes.

HB 792. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to prescribe the time and method of electing members of City Council; and for other purposes.

HB 797. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to authorize boards of education of cities and counties having a population of more than 300,000 according to the last census or any future census to establish and operate schools on a twentyfour-hour basis and to pay the cost thereof; and for other purposes.

HB 801. By Mr. Claxton of Camden: A bill to be entitled an act to amend an act creating the charter for the

402

JOURNAL OF THE HOUSE,

Town of Woodbine, approved August 17, 1908, as amended by subsequent acts, so as to authorize the mayor and councilmen to adopt zoning regulations, building codes and sanitary codes; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:
SB 277. By Senators Baggett of the 51st and Minchew of the 5th:
A bill to be entitled an act to require all counties and all municipalities with a population over 1,000 to have an annual audit by a certified or registered public accountant; to repeal all laws and parts of laws in conflict herewith; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the Senate to wit:
SR 71. By Senator Gross of the 31st:
A resolution by the Senate, the House concurring, that the General Assembly do adjourn sine die at 5 o'clock p. m. Monday, January 28, 1946.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requ1s1te constitutional majority the following bills and resolution of the House to wit:
HR 151. By Messrs. Gowen and Gilbert of Glynn:
A resolution authorizing the governor to execute a deed to certain lands in Glynn county to Boys Estate, Incorporated, to be used for a home for underprivileged boys; and for other purposes.

HB 654. By Messrs. Hinson of Ware, Gowen of Glynn, Arnold of Spalding, and others:
A bill to be entitled an act to fix the pay for members of the State Highway Patrol; and for other purposes.

SATURDAY, JANUARY 26, 1946

403

HB 732. By Messrs. Freeman and Strickland of Upson, Gowen of Glynn, and others:
A bill to be entitled an act to authorize the State Board of Health to license hospitals imd make rules and regulations governing the facilities and operation of hospitals; and for other purposes.

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

Mr. Speaker:



The Senate has passed by the requisite constitutional majority the following bills

of the House to wit:

HB 7t4. By Messrs. Thompson and Hatchett of Meriwether, Kenimer of Harris, and others:

A bill to be entitled an act to create the Franklin D. Roosevelt Warm Springs Memorial Commission and provide for membership and terms of office; and for other purposes.

HB 715. By Messrs. Thompson and Hatchett of Meriwether, Kenimer of Harris, Smith of Emanuel and Ray of Warren:
A bill to be entitled an act to amend the general appropnat1on act for the fiscal year ended June 30, 1944, and for each and every fiscal year thereafter until repealed by law (Acts 1943, pages 84 through 96) so as to provide an appropriation of $200,000.00 to aid in carrying out the provisions set out in an act entitled "Franklin D. Roosevelt Warm Springs Memorial Commission"; and for other purposes.

HB 728. By Mr. Durden of Dougherty:
A bill to be entitled an act to authorize cities to levy a tax for paying teachers pensions; and for other purposes.

HB 733. By Mr. Roughton of Washington:
A bill to be entitled an act to amend an act approved January 29, 1943, known as the General Appropriation Act as set forth from pages 70 to 96, inclusive. To amend Section 49 of said General Appropriations Act, making an appropriation to the Department of Revenue by adding to said Section 49 the following words: "Including adequate funds to pay refunds under the Farm Tractor Gasoline Tax Refund Act"; and to repeal conflicting laws ; and for other purposes.
HB 216. By Mr. Key of Jasper:
A bill to amend Code Section 114-102 of the Code of Georgia of 1933 de-

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JOURNAL OF THE HOUSE,

fining "injury" and "personal injury" under the Workmen's Compensation Law, and to further add a new chapter to said Workmen's Compensation Law of Georgia to be known as Code Sections 114-801 through 114-827, so as to define certain ailments commonly referred to as occupational diseases; and for other purposes.

The following message was received from the Senate through Mrs. 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:
HR 89. By Mr. Kenimer of Harris:
A resolution to compensate J. W. McDonald and Mrs. J. W. (Kathryn) McDonald, parents of Billie Gene McDonald, a minor, who was permanently injured by a truck owned and operated by the State of Georgia; and for other purposes.

HR 157. By Messrs. Hardy and Lancaster of Hall:
A resolution authorizing the Budget Bureau of this state to pay out of any unappropriated funds in the Treasury the suin of $4,404.75 to H. E. Terrell, Jr., as reimbursement for hospital and medical bills incurred as a result of injuries sustained in the line of official duty as instructor at the University of Georgia School of Aviation, Athens, Georgia.

HB 134. By Messrs. Key of Jasper, and Harris, Holley and King of Richmond:
A bill to be entitled an act to authorize the State Board of Social Security to purchase land either adjacent or near lands already under the control of said board, provide the method of payment therefor; and for other purposes.

HB 352. By Messrs. Durden of Dougherty and Phillips of Columbia:
A bill to be entitled an act to provide for the conversion of fraternal benefits societies into stock life insurance companies; and for other purposes.

HB 552. By Messrs. Weaver, Bloodworth and Wilson of Bibb:
A bill to be entitled an act to amend Section 74-9902 of the Code of Georgia of 1933, defining the offense of abandonment of child, fixing a penalty for said offense affecting the competency of witnesses, and for other purposes, by providing for commission of the offense by a mother; and for other purposes.

HB 651. By Mr. Campbell of Newton:

SATURDAY, JANUARY 26, 1946

405

A bill to be entitled an act to appropriate $75,000 to match federal funds to eliminate bangs and tuberculosis among animals in Georgia; and for other purposes.

HB 655. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend Section 84-1008, relating to qualifications of applicants for registration as graduate nurses and scope of examination of Chapter 8410 of the Code of 1933; and for other purposes.

HB 704. By Messrs. Weaver of Bibb, Bloodworth of Bibb, and others:
A bill to be entitled an act to amend the general tax act to define government war bonds issued after December 7, 1941; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 488. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize the authorities of any county having a population of 200,000 to adopt regulations for the prevention of fire and the protection of property and lives against loss by fire in unincorporated areas; and for other purposes.

HB 670. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend an act entitled Department of Forestry-Expenditure of Federal Funds, approved March 9, 1945, by adding to the end of the last sentence of Section I, of the said act of March 9, 1945, a clause which provides that those federal funds now appropriated shall be made available directly to the Georgia Agricultural Extension
Service; and for other purposes.
The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 755. By Messrs. Weaver, Wilson and Bloodworth of Bibb:
A bill to be entitled an act to increase the extra compensation to be paid the secretary of coroner's juries in counties between 75,000 and 100,000

406

JOURNAL OF THE HOUSE,

inhabitants according to the 1930 census, from $3.00 to $5.00 for each inquest reported ; and for other purposes.

HB 740. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to require the payments 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 not less than 22,055 and/ or more than 22,100 persons; and for other purposes.

HB 739. By Messrs. Lovett and Malone of Laurens:
A bill to be entitled an act to fiv the salaries of the judge and solicitor of the City of Dublin; and for other purposes.
HB 783. By Mr. Sheffield of Miller:
A bill to be entitled an act to amend the charter of the City of Colquitt to authorize an ad valore~ tax for ordinary expenses; and for other purposes.
HB 785. By Mr. Mann of Henry:
A bill to be entitled an act to divide Henry county into districts for the election of members of the board of commissioners from each district; and for other purposes.

HB 738. By Messrs. Lovett of Laurens, Rowland of Johnson and others:
A bill to be entitled an act to amend an act abolishing the fee system existing in the Superior Court of the Dublin Judicial Circuit; and for other purposes.

HB 790. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta; and for other purposes.
HB 716. By Mr. Banks of Lamar:
A bill to be entitled an act to amend the charter of the City of Barnesville to provide that property owners shall pay for grading and paying of streets; and for other purposes.

HB 791. By Messrs. Harris, Holley and King of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, so as to require all persons intending to become candidates, at any regular election, for the mayoralty, or membership in the council, of said city, to file notice of such intention; and for other purposes.

SATURDAY, JANUARY 26, 1946

407

HB 718. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend the general appropriation act to provide tOe per mile travel expense to members of the General Assembly for attending adjourned session; 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 Mr. Culpepper of Fayette:
A bill to be entitled an act to provide for admission and maintenance of widows of Confederate veterans at the Confederate Soldiers Home; to provide maintenance at said home to be in lieu of pensions; and for other purposes.
Mr. Culpepper of Fayette moved that the House disagree to the Senate substitute thereto and that a committee of conference be appointed, and the motion prevailed.
The speaker appointed on the part of the House as a committee of conference the following: Messrs. Culpepper of Fayette, Harrison of Jenkins and Guyton of Effingham.

The speaker presented to the House the Hon. Rufus K. Smiley, son of the Hon.
C. J. Smiley, member of the House from Liberty, and Capt. Mike Y. Hendrix,
son-in-law of the Hon. C. J. Smiley.

Under the special and continuing order of business fixed 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 219. By Senator Gross of the 31st:
A bill "to be entitled an act to repeal Sections 24-4301, 24-4302 and 24-4303 of the Georgia Code of 1933 relating to the shorthand writers in the Supreme Court, their duties, salaries, etc., and by substituting in lieu thereof a new section 24-4301 relating to law assistants, their duties, salaries, 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 1.
The bill, having received the requisite constitutional majority, was passed.

SB 222. By Senator Gross of the 31st:
A bill to be entitled an act to repeal Section 24-3508 of the Code of Georgia, 1933, relating to shorthand writers in the Court of Appeals; by desig-

408

JOURNAL OF THE HOUSE,

nating another title; by fixing the salaries 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 roll was called and the vote was as follows:

Those voting in the affirmative were:

Alexander of Carroll Alexander of Chatham Almand Ansley Arnall Bargeron Barrett Barwick Battles Beddingfield Black Bloodworth of Bibb Boynton Britton Brock Brooke Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Connerat Cowart Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden
Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson

Fowler Freeman Gammage Garrison Gaskins Gavin Giddens Glisson Gowen Greene Guerry Guyton Hand Harden Hardy of Hall Hardy of Jackson Harrison of Jenkins Harrison of Screven Harrison of Wayne Hatchett Hefner Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holleman Holley Holloway Hooks Hubert Jennings of Terrell Kelley Kendrick Kenimer Kennon Kent Key King Knabb

Lam Lancaster Lane Looper McCracken McCurdy McNall McWhorter Mallard Mankin Mann of Henry Mann of Rockdale Mason Massey Matthews of Peach Morrison Moye of Randolph Mullinax Murphy Nicholson Oakley Odom Oliver Pannell Pettit Phillips Pittman of Bartow Price Ray Ritchie Roughton Sapp Seagler Sears Shields Sills Smiley Smith of Emanuel Sparks Sumner

Thompson Thrash Trotter Twitty

SATURDAY, JANUARY 26, 1946

409

Weaver Whaley Williams of Coffee Williams of Toombs

Williams of Ware Wilson Young

Voting in the negative was:
Brunson .
Not voting: Adams, Adamson, Arnold, Baker, Banks, Bloodworth of Houston, Brumby, Burch, Connell, Dykes, J H. Ennis, Gary, .Jibson, Gilbert, Greer, Griswell, Hall, Hampton, Hart, Herndon, Herrin, Holbrook, Hollis, Hurst, Jackson, J ennings of Sumter, Johns, Lewis, Littlejohn, Livingston, Lovett, Malone, Manous, Matthews of Paulding, Maund, Medders, Miller, Mitchell, Moore, Mosley, Moye of Brooks, Oden, O'Shea!, Overby, Parham, P"arks, Pennington, Pittman of Tift, Porter, Powell, Ramey, Riddlespurger, Rossee, Rowland, Seagraves, Sheffield, Smith, of Bryan, Smith of Oglethorpe, Strickland of Pike, Strickland of Upson, Swint, Thornton, Underwood, Watford, Wells of Ben Hill, Wells of Lincoln, Williams of Appling, Williams of Gwinnett, Williams of Jones, Willis, Willoughby and Witherington.
By unanimous consent verification of the roll was dispensed with.
On the passage of the bill, the ayes were 130, the nays 1.
The bill, having received the requisite constitutional majority, was passed
SB 247. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal an act approved February 14, 1935 entitled "An act to define the status of the regents of the University SysteQ of Georgia and of the members of the Board of Regents; 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 103, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 262. By Senator Grayson of the 1st:
A bill to be entitled an act to revise the divorce laws of the state to provide for trials with or without a jury; and for other purposes.
Mr. Garrison of Habersham 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.

410

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 107, the nays 7. The bill, h_aving received the requisite constitutional majority, was passed.

SB 271. By Senators Norton of the 33rd, Nix of the 32nd and Chastain of the 41st:
A bill to be entitled an act to promote the poultry industry and require reports and records covering intrastate and interstate shipments of hatching eggs; and for other purposes.
The following substitute was read: Substitute to SB 271:
An act to promote the poultry industry in the State of Georgia through programs of breeding improvement and control and eradication of pullorum disease and other contagious and infectious diseases of poultry; to provide for regulation and control of poultry remedies, and licensing of manufacturers thereof; to authorize regulations to enforce the provisions of this act; to require reports and statistical records covering intrastate as well as interstate shipments of hatching eggs, baby chicks and poults, started chicks and poults, poultry breeding stock or birds of any species; and for other purposes.
Section 1. 1. From and after passage of this act, the Georgia Poultry Improvement Association, Inc., shall be recognized and designated as the official state agency for administration of the National Poultry Improvement Plan and the National Turkey Improvement Plan sponsored by the Bureau of Animal Industry, United States Department of Agriculture. Participation in the National Poultry Improvement P1an or the National Turkey Improvement Plan hy hatcheries, R. 0. P. breeders, dealers and supply flock owners shall be voluntary and administrated and governed by the rules and regulations of the official state agency in conjunction with rules and regulations promulgated by the Bureau of Animal Industry, United States Department of Agriculture.
2. Nothing in this act shall be construed to establish a state plan of identification of hatcheries, dealers or supply flocks except as herein specified. The words "state approved," "state tested" or words or phrases of similar implication and meaning shall not be used in advertising or in the sale or in offering for sale of hatching eggs, chicks, poults or breeding stock.
Section 2. 1. Regulations for control and eradication of pullorum disease shall be made following a joint hearing between the state veterinarian, State Department of Agriculture and the official state agency. Requirements for pullorum testing and other sanitary measures shall be stipulated by the state veterinarian, State Department of Agriculture. In event that state regulations do not exist or apply, the minimum pullorum-control regulations of the official state agency shall be effective.
2. The State Department of Agriculture shall be authorized to quarantine and prohibit the sale or shipment of hatching eggs, chicks, poults, poultry breeding stock or birds of any species to or from any hatchery, dealer, flock, or in any area within

SATURDAY, JANUARY 26, 1946

411

the state, or establish special regulations for prevention and spread of pullorum disease or other infectious and contagious diseases of poultry.
3. Appointment of qualified pullorum-testing agents and supervision of their field work shall be made by the State Department of Agriculture. Only persons who have demonstrated that they are capable of doing satisfactory testing work shall be so authorized.
Section 3. 1. Every person, firm or corporation who operates a hatchery, or dealer shall first register and secure a license from the Commissioner of Agriculture. The fee for such license shall be fixed by the Commissioner of Agriculture not to exceed $10.00 per year for each hatchery, dealer or branch. License shall be issued on a fiscal year basis from July Ist to June 30th and shall be conspicuously displayed in each place of business. Cost of License shall not be prorated and licenses purchased after January 1st expire June 30th of the same year. License shall not be transferrable. When any condition is revealed to exist which is not in strict accord with provisions of this act, the license may be ;evoked or suspended by the Commissioner of Agriculture, in his discretion.
2. Manufacturers of poultry remedies before offering for sale each of such remedies in the State of Georgia for treatment, eradication or control of poultry diseases, shall first secure a license from and be approved by the Commissioner of Agriculture, at his discretion. Fee for such license shall be $1.00 for each remedy.
Section 4. 1. Hatcheries, dealers or flock owners shall promptly report to the state veterinarian, State Department of Agriculture, the outbreak of any contagious or infectious disease affecting chicks; poults or breeding stock in their possession or in any flock producing hatching eggs.
2. The premises and equipment of hatcheries and dealers shall be subject to inspection by the State Department of Agriculture and access to any supply flock shall be granted to the inspectors at any reasonable time during the business day to see that minimum requirements of sanitary and disease-control regulations are maintained and enforced.
Section 5. 1. Hatching eggs, chicks, poults, poultry breeding stock or birds of any species shall not be shipped into the State of Georgia without first approval of the state veterinarian, State Department of Agriculture. Shippers shall be subject to investigation by the state veterinarian or other authorized person, to determine that hatching eggs, chicks, poults or poultry breeding stock have been produced and handled under conditions no less adequate for control of pullorum disease and other contagious and infectious diseases of poultry than those required under Georgia regulations.
2. Hatching eggs, chicks, poults or poultry breeding stock shipped into the State of Georgia shall be, (a) reported by the shipper to the state veterinarian, State Department of Agriculture on official health certificates signed by the livestock sanitary official in the state of origin, certifying that such shipment has met requirements equivalent to Georgia regulations for control of pullorum disease and other con-

412

JOURNAL OF THE HOUSE,

tagious and infectious diseases of poultry. Duplicate copy of the health certificate shall be attached to the way-bill on each shipment. Or, (b) reported, to the state veterinarian, State Department of Agriculture o.n official N. P. I. P. forms if produced under a pullorum-control phase of the National Poultry Improvement Plan or the National Turkey Improvement Plan.
Section 6. 1. Be it further enacted that nothing in this act shall be construed so as to in any manner limit the authority of the Commissioner of Agriculture to carry out, administer and enforce all laws, rules and regulations for the control and eradication of live stock and poultry diseases in this state.
Section 7. 1. Any person, firm or corporation found in violation of this act shall be guilty of a misdemeanor. The Commissioner of Agriculture may at his discretion confiscate, destroy or otherwise dispose of all hatching eggs, chicks, poults, poultry, breeding stock or birds of any species that are produced in the state on enter the state not in compliance with this act.
2. This act shall go into immediate force and effect.
Section 8. 1. Be it further enacted that each and every provision and section of this act is hereby separately enacted and each part of each section is hereby declared a separate section, or part of section, and the holding of any section, or part thereof, to be unconstitutional or contrary to the laws of the State of Georgia, shall not affect any other section or part of this act; it being the expressed intention of the General Assembly of the State of Georgia in passing this act, that each part, section, or provision hereof shall be given full force and effect independent of any other part, section or provision. All laws or parts of laws in conflict therewith are hereby repealed.
Mr. Hardy of Hall moved that the House adopt the substitute to SB 271, and the motion prevailed.
On the motion to adopt the House substitute to SB 271, the ayes were 105, the nays 0 and the substitute was adopted.

The speaker presented to the House Dr. T. W. Reed, registrar of the University of Georgia, who briefly addressed the House.

The following resolution of the Senate was read and adopted:
SR 67. By Senators Freeman of the 22nd and Harrell of the 7th:
A resolution directing the secretary of the Senate and the clerk of die House to include as an appendix to the Journal of the Senate and the Journal of the House the reports of the Senate-House Committee on Institutions.
September 27, 1945.
His Excellency, Ellis Arnall, Governor of Georgia,

SATURDAY, JANUARY-26, 1946

413

The Honorable Frank Gross, President of the Senate,
The Honorable Roy Harris, Speaker of the House.
Gentlemen:
Your Joint Committee on Institutions has completed its inspections of all state institutions, and begs to submit the following report:
Your committee has visited each of the following institutions: Milledgeville State Hospital, Milledgeville; Confederate Home, Atlanta; Georgia Tech, Atlanta; Extension System, Atlanta; Georgia Evening College, Atlanta; Georgia Training School for Girls, Atlanta; Georgia Training School for Colored Girls, Macon; Georgia Teachers College, Statesboro; School for Mental Defectives, Gracewood; Georgia Experiment Station, Griffin; West Georgia College, Carrollton; School for the Deaf, Cave Spring; Georgia State Woman's College, Valdosta; South Georgia College, Douglas; Abraham Baldwin College and the Coastal Plains Experiment Station, Tifton; Albany State College, Albany; Georgia Southwestern College, Americus; Middle Georgia College, Cochran; Fort Valley State College, Fort Valley; Academy for the Blind, Macon; State Penitentiary, Reidsville; Alto State Sanitarium, Alto; Georgia Vocational and Trades School, Clarkesville; North Georgia College, Dahlonega; University of Georgia, Athens; Georgia State College for Women, Milledgeville; Training School for Boys, Milledgeville; School of Medicine, Augusta; Experiment Station for Shade-Grown Tobacco, Attapulgus; Georgia State College, Savannah; and the Herty Foundation Laboratory, Savannah.
At each institution your committee heard fully from the officials in charge and talked with students in the schools, patients and inmates at the institutions, and made every effort to determine not only the physical needs but also endeavored to ascertain whether or not the institutions were being properly operated. We attach hereto as exhibits detailed reports on each of the institutions.
To summarize our findings, we have found that it would require the sum of $27,796,775.00 to bring the physical properties of these institutions to the same level as those at which our sister Southern States maintain theirs. We have not undertaken to compare our institutions with those of the more wealthy Eastern and Middle Western States, but we do feel that the great State of Georgia should maintain its educational, eleemosynary, and penal institutions on at least the same standard as that used by our adjoining states.
We feel thata the amount herein recommended for institutional building is the minimum amount necessary to bring our institutions to the proper level of service to which our people are entitled and to the standard of service of which our people will be proud.
To aid the committee in determining the needs of, and making recommendations for, the State Hospital at Milledgeville, the committee, in company with the director of Public Welfare and the superintendent of the State Hospital has visited the mental institutions of Florida, Alabama, Tennessee, North Carolina, and South

414

JOURf-rAL OF THE HOUSE,

Carolina. The observations on these visits have been reflected in the report on the State Hospital hereto attached.
If Georgia fails its youth now, it can expect them to continue to leave our state for the greater opportunities that are present in the other states of the Union. The only way to induce our youth to remain in Georgia is to provide good educational facilities so that the boys and girls of Georgia may bring to industry, agriculture, and the professions the same degree of skill and ability that is found in other sections of our land.
The faculties in our schools and colleges are as able and fine as those in any state in the Union and the staffs at our other institutions have given bountifully of their services with only minimum monetary reward, but have remained at their posts because of their love for Georgia and their devotion to those under their care and instruction.
We believe Georgia could make no better investment than to finance promptly a comprehensive building program that would give our institutions the facilities with which to work.
Respectfully submitted,
FOR THE SENATE:
William B. Freeman, Co-Chairman, Dr. W. H. Wall, J. J. Baggett, Wallace E. Harrell.
FOR THE HOUSE:
Charlie Gowen, Chairman, Wayne Hinson, Robert E. Cheshire, David Arnold, Otis Brumby, Jim Evitt, Jr., Ben W. Fortson, Jr.

To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR,

Atlanta, Georgia, April 5, 1945.

HON. FRANK GROSS, PRESIDENT OF THE SENATE,

HON. ROY HARRIS, SPEAKER OF THE HOUSE.

REPORT ON GEORGIA TECH
Your committee has completed its inspection of the Georgia School of Technology. The committee was very gratified to find that the president and his staff at

SATURDAY, JANUARY 26, 1946

415

Georgia Tech have prepared a comprehensive and detailed plan for the development of this institution. The pattern and plan for development shows not only present needs, but also that they are looking to the future development of this school to bring it to the highest standard prevailing anywhere.
Of all the buildings on the campus at Georgia Tech, most of which were personally inspected by this committee, only three were built by the state prior to 1937. The rest represent gifts of the alumni and friends. This neglect is a reflection upon the people of Georgia, because Tech has contributed more to the industrialization of the state than any other institution.
We found several buildings that are unfit for use. They are firetraps, which are not only endangering those occupying the buildings, but would endanger the entire plant if fire were to get started. These buildings should be dismantled and done away with at the earliest possible moment.
Under the plan for development a new administration building, a new academic building and a new library building are given first priority, and we urge that everything possible be done to get these started. The present administration building is one of the oldest buildings on the campus and it is inadequate to house the administrative staff of the institution. In the present library we found thousands of priceless volumes and technical papers which have seriously overcrowded the quarters, causing much loss of time on the part of students engaging in research work. Unless arrangements can be made to properly care for and house these documents, we are apt to lose many of these very valuable reference books and papers, and the painstaking effort spent in obtaining them will be wasted. The present library building is in good condition and would readily lend itself to other uses.
Because of wartime conditions and scarcity of labor and critical materials it has been impossible to maintain and keep the plant in proper repair. In a careful survey and estimate by the superintendent of buildings and grounds, it is found that to bring these buildings into suitable repair will cost $84,775.00. In order to protect these buildings from further depreciation and loss, this sum should be made available as soon as priority can be obtained. (Report attached and marked "Exhibit A.")
We recommend that in any state building program there be included for Georgia Tech of first priority a minimum of $2,000,000.00 to be used to erect the academic classroom building, the library building and an administration building. Unless this is done it will be necessary for Georgia Tech to limit the number of students that it can admit. With these buildings it is possible that friends of the school will, through gifts and endowment, complete the rest of the building program without cost to the state.
Georgia Tech is well operated and still holds its place as the leading technological school of the South, but it must receive fair treatment from the state or else it will be relegated to secondary standing.
The comprehensive planning report is attached and marked "Exhibit B." Colonel Van Leer, the president of Georgia Tech,; Dr. Sanford, the chancellor of the University System; Mr. Cherry L. Emerson, who will soon join the Tech faculty; Mr.

416

JOURNAL OF THE HOUSE,

Frank Spratlin, a member of the Board of Regents and a Tech alumnus, and Professor Bush-Brown of the School of Architecture, were all very helpful to the committee and gave us every assistance, for which we are grateful.
FOR THE HOUSE:
William Freeman, Dr. W. H. Wall, Jess Baggett.
FOR THE SENATE:
Charles L. Gowen, Chairman, Robt. E. Cheshire, Wayne Hinson, James Evitt, Jr., Otis Brumby, Ben Fortson, Jr.

March 28, 1945.
Colonel Blake R. Van Leer, President Georgia Tech.
Dear Colonel Van Leer:
I submit the following list of repairs and improvements on existing buildings which should be made as soon as labor and materials are available:
1. Academic Building: 1. Asphale tile or new pine flooring on 2d and 3d floors________________________$ 800.00 2. New step treads on all stairs------------------------------------------------------------------ 150.00 3. Replacement of worn-out furniture in 12 classrooms...---------------------- 8,000.00 4. Painting of various rooms and offices-------------------------------------------- 300.00 5. Painting outside wood trim-------------------------------------------------------- 250.00

Total. _________---------------------------------$ 9,500.00
2. Chemistry Building: (a) Replacement of considerable gutter------------------------------------------------$ 400.00 (b) Cleaning, caulking and painting outside of old part of building...... 1,500.00 (c) Painting certain inside rooms and laboratories.-------------------------- 400.00 ( d) New tops for several laboratory tables----------------------------- 600.00 ( e) Replacing some cast-iron drains--------------------------------------------------- 1,000.00 ( f) New electric wiring--------------------------------------------------------------------- 800.00
TotaL _______________---------------------$ 4,700.00
3. Chemical Engineering Building: (a) Waterproofing mortar joints-------------------------------------------------------$ 200.00 (b) Painting -------------------------------------------------------------------------------------- 150.00

SATURDAY, JANUARY 26, 1946

417

{c) Blinds or shades-------------------------------------------------------------------------------------- 200.00

TotaL.---------------------------------------------------------$
4. Chemistry Annex: (a) Painting entire building ----------------------------------------------------------------------$ (b) Completion of ventilation system__________________________________________.............. {c) Completion of plumbing system....------------------------------------------

550.00
900.00 200.00 300.00

Total....-------------------------------------------------------$ 1,400.00

5. Physics Building: .(a) Blinds for several classrooms and offices--------------------------------------------$ (b) Waterproofing and painting-up stone trim________________________________________ (c) Completion of transformer station and moving switchboard__________ (d) Inside painting -----------------------------------------------------------------------------------

300.00 200.00 350.00 400.00

Total____________________________________________________________$ 1,250.00

6. Biology Building:
{a) Blinds and shades------------------------------------------------------------------------------------$ 200.00 {b) Replacement of worn-out furniture in classrooms____________________________ 5,000.00 {c) New roof on building____________________________________________________________________________ 1,000.00

TotaL--------------'------------------------------------------$ 6,200.00
7. Hospital:
{a) Passage-way from inside building to X-ray room in basement........$ 300.00 (b) Asphalt tile on ward floors____________________________________________________________________ 400.00
TotaL-------------------------------------------------------$ 700.00
8. Textile Building: {a) Painting throughout ............................................................................$ 600.00 (b) Install fire escape at both ends of building........................................ 2,000.00 (c) Pointing-up and painting outside of building.................................... 500.00 (d) Install new lights in certain rooms and laboratory........................ 400.00

TotaL.------------------$ 3,500.00

9. Library: {a) Additional furniture ..............................................................................$
{b) Roof repairs ------------:................. (c) Cleaning outside of building................................................................ (d} Replacing rotten windows and sash....................................................

300.00 200.00 500.00 400.00

TotaL..........................................................$ 1,400.00
tO. Mechanical Engineering Building: {a) Painting inside building........................................................................$ 800.00

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JOURNAL OF THE HOUSE,

(b) Replacing rotten windows and sash....................................................' (c) Painting outside windows and doors................-----------------------------------(d) Completion of electric and power circuits.....----------------------------------(e) Install acoustic ceiling on three classrooms along Ponce de Leon
Avenue -------------------------------------------------------------:--------------------------------

200.00 150.00 400.00
975.00

TotaL.......................------------------------------------$ 2,525.00
11. Rehab and Radio Building: (a) Painting on inside..................................................................................$ 200.00 (b) Painting on outside............................................------------------------------------ 100.00

TotaL...........................................................$ 300.00
12. Civil Engineering Building: (a) ~ainting throughout ------------------------------------------------------------------------------$ 1,000.00

TotaL.......................------------------------------------$ 1,000.00
13. Ceramic Building:
(a) Painting labs and basement............................------------------------------------$ 150.00
(b) Install air compressor.......... ---------------------------------------------------------------- 50.00

T o t a L ....................... ------------------------------------$
14. Military Building:
(a) Painting classrooms ------------------------------------------------------------------------------$
(b) Painting outside wood trims................................................................ (c) Ins tall ventilation fan.--------------------------------------------------------------------------

200.00
200.00 100.00 50.00

T o t a L ..........................................................$
15. Engineering Drawing Building: (a) P'ainting throughout ..............................................................................$ (b) Repair to rear wall of building............................................................ (c) Replace broken urinaL..........................................................................

350.00
900.00 500.00 50.00

TotaL..........................................................$ 1,450.00
16. Aeronautical Building: (a) Caulking and waterproofing of outside trim joints..........................$ 400.00 (b) Repair and painting to plaster around windows.............................. 200.00 (c) Build storage room on flat deck over wind tunneL...................... 1,500.00

TotaL ...........................................................$ 2,100.00

17. Electrical Engineering: (a) Install student toilet (has been started) ............................................$ (b) Cleaning outside of building................................................................
(c) Blinds and shades for classrooms and labs........................................

400.00 700.00 400.00

SATURDAY, JANUARY 26, 1946

419

(d} New step treads on stairs.................................................................... 100.00 (e) New flooring in halls and some classrooms...................................... 800.00

TotaL...........................................................$ 2,400.00 18. Brittain Dining Hall:
(a} Cover kitchen floor with ceramic tile..................................................$ 2,500.00 (b) Clean outside stone trim...................................................................... 200.00 (c) Repairs to roofing, including sheeting over walkway along front
of building .......................................................................................... 1,500.00 (d) Complete guttering on servants' house................................................ 150.00

TotaL..........................................................$ 4,350.00

19. Naval Armory: (a) Refinishing gym floor..............................................................................$ (b) Painting gym .......................................................................................... (c} Repairs to roof and parapet wall........................................................

350.00 400.00 500.00

TotaL.........................................................$ 1,250.00
20. Power Plant:
(a) Revamping of electric circuits..............................................................$ 5,000.00
(b) Changes in blow-off lines, drains and hot welL............................... 2,000.00 (c) Completion of cleaning and painting on inside and outside of
plant .................................................................................................... 1,200.00 (d) Repairs to ash and coal bins.................................................................. 400.00 ( e} Repairs to the four old boilers.............................................................. 4,000.00 (f) Roof repairs ............................................................................................ 300.00 (g) Elevator repairs .................................................................................... 300.00 (h) Conveyor system to coal bins................................................................ 3,000.00

T o t a L ........................................................... $16,200.00
21. Greenhouse: (a) Repairs to glass and painting................................................................$ 200.00

TotaL...........................................................$ 200.00

22. Knowles Dormitory:
(a) Point-up outside of building................................................................$
(b) Paint outside building, including trim................................................ (c) Paint all rooms, toilets, halls................................................................ (d) Additional shades and shower curtains..............................................

250.00 500.00 600.00 150.00

TotaL..........................................................$ 1,500.00
23. Swann Building: (a) Cleaning, painting and pointing-up outside building........................$ 1,600.00 (b) Replacement of certain classroom furniture...................................... 5,000.00

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JOURNAL OF THE HOUSE,

(d) Roof repairs .......................................................................................... 200.00 (e) Improvement of lighting in classrooms.............................................. 600.00
TotaL..........................................................$ 7,550.00
24. Brown Dormitory: (a) Replacing rotten joints and supports under shower rooms............$ 1,500.00 (b) Install tile floors (ceramic) in all bathrooms.................................... 1,000.00 (c) Venetian blinds in auditorium.............................................................. 150.00

TotaL..........................................................$ 2,500.00

25. Harris Dormitory: (a) Repaint building throughout................................................................$ (b) Clean outside trim.................................................................................. (c) Paint fire escape......................................................................................

600.00 300.00 100.00

Total............................................................$ 1,000.00
26. Cloudman Dormitory: (a) Paint rooms and baths..........................................................................$ 500.00

TotaL..........................................................$ 500.00
27. Harrison Dormitory: (a) Paint rooms only....................................................................................$ 600.00 (b) Shades for electric lights in baths........................................................ 50.00

T o t a L ..........................................................$
28. How ell Dormitory: (a) Paint rooms only....................................................................................$ (b) Repairs to shower floors in three baths..............................................

650.00
600.00 400:00

Total............................................................$ 1,000.00
29. Techwood Dormitory:
NONE (property of Federal Government)
30. YMCA Building: (a) Clean exterior of building....................................................................$ 1,500.00 (b) Repairs and painting of fire escape...................................................... 150.00 (c) Plumbing and heating repairs.............................................................. 400.00 (d) Replace rotten window jams and sash.............................................. 300.00
TotaL..........................................................$ 2,350.00
31. Research Building: (a) Repairs to roof (we are trying to make the original contractor do this) ......................................................................................................$ 600.00

SATURDAY, JANUARY 26, 1946

421

(b) Repairs to gutters.................................................................................. (c) Paint concrete floors in lab and basement rooms.............................. (d) Wash upper windows............................................................................

100.00 150.00 100.00

TotaL..........................................................$
32. Dr. Brittain's Residence: (a) Paint exterior ........................................................................................$

950.00 250.00

TotaL..........................................................$ 250.00
33. General Campus Needs: '(a) Shrubbery ................................................................................................$ 400.00 (b) Improvements to bank by Swann and Electric Buildings................ 150.00 (c) Scrubbing machine ................................................................................ 250.00 (d) Industrial vacuum cleaner.................................................................... 200.00 (e) Incinerator .............................................................................................. 4,000.00

TotaL..........................................................$ 5,000.00 Grand total ..........................................................................................$84,775.00

Very truly yours,

adh. cc/Mr. Houston

A. D. Holland, Superintendent Buildings and Grounds.

EXHIBIT "B"

TABLE VI CAPITAL OUTLAY-SIX-YEAR PROGRAM

Advanced Pl. Report Dec.1944
(M6)

Increases Additional

based

amount for

on further air-conditioning

studies

including

(Prelim. M7) refrigeration

1945 1. Academic, Classroom Building.. $ 450,000.00 2. Textile Building.......................... 425,000.00

$ 610,000.00 $Plus 90,000.00

450,000.00

50,000.00

1946 3. L i b r a r y and Administration
Bldg. and Museum, including landscaping, terraces, steps, etc. 4. WGST Radio Studio Bldg.* ....

800,000.00 75,000.00

880,000.00 150,000.00

120,000.00

1947 5. Architecture** ............................ 250,000.00

275,000.00

40,000.00

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JOURNAL OF THE HOUSE,

6. Chemical Engineering.................. 7. College Inn .................................. 8. Chemistry( additions and al-
terations) first stage____________________
Alter old Textile Bldg., Library and Administration Bldg.___________ _

360,000.00 85,000.00
350,000.00
55,000.00

360,000.00
350,000.00 55,000.00

1948
9. Mechanical Engineering______________
10. Electrical Engineering ---------------11. Military Bldg._____________________________ _
12. Aeronautical Engineering and
Drawing Bldg. ----------------------Additions: C i vi I Engineering Field House and alterations to Physics and old Chemical Engineering Bldg...............................

150,000.00 250,000.00 250,000.00 300,000.00
50,000.00

150,000.00 250,000.00 250,000.00 300,000.00
50,000.00

1949
13. Student Center (Student Ac-
tivities) ----------------14. President's house and entrance
gateway --------------------------------Chemistry: Second stage____________
15. Navy Bldg. -------------------------------16. Service Bldg. (laundry, incine-
rator, greenhouses, etc.)------------

550,000.00
50,000.00 150,000.00 150,000.00
150,000.00

1950
17. Auditorium or ChapeL.............
18. Infirmary ---------------------------19. Physics, Chemistry, Electrical
Engineering and Mechanical
Engineering ---------------------------

550,000.00 350,000.00
200,000.00

Total for Six-Year Program.. $6,000,000.00

635,000.00 50,000.00 150,000.00 175,000.00 150,000.00
550,000.00 350,000.00
200,000.00 $6,390,000.00

$300,000.00

* F. M. Tower, M ech. Plant, acoustics and studio interior finish omitted. ** To include headquarters for graduate study.

Additional projects for which financing will be taken care of by state funds on a self-liquidating basis or from other sources:
Certain essential elements of the institution are not provided for in Table VI. Some of these can be at least partially financed from sources other than state funds; others are substantially self-liquidating and might be financed and amortized without much subsidy or capital outlay.
Projects which may be financed from other sources are as follows:

SATURDAY, JANUARY 26, 1946

423

Adcanced Plan Report

( 1) Athletic Association Projects:

December, 1944

(a) West Stands at Football Sta-

dium----------------------------------------$ 275,000.00 (b) Physical Training Center__________ 475,000.00

(c) Outdoor Swimming PooL_______ 50,000.00

(d) Tennis Courts, 10 at $5,000 ea. 50,000.00

B Revised
$ 300,000.00 500,000.00 50,000.00 50,000.00

TotaL _____________________________________ $ 850,000.00

$ 900,000.00

(2) Dormitories for accommodating 760
men-----------------------------------------------------( 3) Additions to St. Engr. Exp. Station____ (4) Fraternity Houses, 15 at $40,000 ea... (5) Faculty Housing-25 families at $10,-
000, plus attendant costs 20%. (landscaping, architects' fees, underground piping and services, roads,
walks, etc.) ----------------------------------------

SSO,OOO.OO(for 1048 men) 250,000.00 600,000.00

925,000.00 250,000.00 600,000.00
300,000.00

TotaL _______________________________________ $2,250,000.00

$2,975,000.00

In the estimates of building costs, allowance has been made for cost of drawings, landscaping, services and furnishings. In some cases the estimates are based on preliminary studies; in other cases the figures are not wholly reliable, since plans are not sufficiently well developed to permit accurate estimates, even if future costs could be forecast. All estimates contemplate a 50 per cent increase in enrollment over the postWorld War II maximum.

Atlanta, Georgia, April 11, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT OF THE GENERAL EXTENSION DIVISION OF THE UNIVERSITY SYSTEM OF GEORGIA
Your committee has completed its investigation of the Division of General Extension of the University System of Georgia.
This is a comparatively new service of the University System, and we were agreeably surprised to learn that it has made such rapid progress under the able direction of Dr. Wardlaw. We find that the Extension Service is practically selfsustaining with the exception of a very modest annual grant from the Board of Re-

424

JOURNAL OF THE HOUSE,

gents. The building which houses the Division of General Extension was given to the state by a Mr. Johnson, and is more than ample for its needs. Two floors are being leased to a pharmacy school. We feel that this place will care for any expansion the school might have for many years to come.
In addition to correspondence courses provided by the school, they also organize and conduct personal instruction classes in various subjects throughout the state. The department which particularly impressed your committee was the Visual Education Service, which has grown by leaps and bounds. The school has a stock of 16 millimeter films, embracing some 1,500 titles with approximately 2,000 prints. In addition to making these available for all educational purposes in Georgia, they are shipped into 36 of the 48 states at a nominal cost per day per film.
We find this school to be in the unique position of having an ample physical plant, adequatt: appropriation, and under constinued efficient management should continue to grow in both size and importance in our educational system.
On the Part of the Sena,te:
William Freeman, Co-Chairman, Dr. W. H. Wall, J. J. Baggett.
On the Part of the House: Charles L. Gowen, Chairman, Robert E. Cheshire, Wayne Hinson, James Evitt, Jr., Otis Brumby, Ben Fortson, Jr.

Atlanta, Georgia, April 5, 1945.
To:
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA EVENING COLLEGE
Your committee has completed its inspection and investigation of the Georgia Evening College. We found here the paradox of the state institution that was afraid to give any publicity to its work because it would be flooded by people who desired to use the service. During the last normal year there were approximately 3,000 students who availed themselves of an opportunity to secure an education while they were earning a living at the same time.
This number completely overcrowded the existing building, and the military authorities of the United States estimate that there will be at least 5,000 people

SATURDAY, JANUARY 26, 1946

425

returning from our armed forces that will want to register at this institution and secure the benefits under the G. I. Bill of Rights. If suitable building can be erected by the State of Georgia, there should be for the next seven years after the termination of the war an annual enrollment of at least 10,000.
This is one institution that costs the State of Georgia practically nothing. The students are willing and anxious to pay for the education that is being afforded them. A large part of the faculty is secured from Tech, Emory, Agnes Scott and other institutions of higher learning in the Atlanta area, who are glad to give a few hours each week to serve on the faculty of this institution.
If the State of Georgia can arrange to spend $400,000 to adequately house this institution, it will be the means of keeping in Georgia at least $3,000,000 a year under the G. I. Bill of Rights that will otherwise go to evening colleges in other large cities of the United States. The need for this building is urgent and immediate.
The present building is the old Georgia Baptist Hospital building, and one wing of which presents a definite fire hazard. If it was not state property and exempt from the operation of the Atlanta fire ordinance and regulations, it is probable that it would not be permitted to operate. The weight of the books in the library is now more than the wing in which it is housed will bear, and the library can't be increased without definite danger to the plant itself.
This institution seeks to provide higher education and special courses and instruction for those of our citizens who, for one reason or another, have been denied an opportunity for college education on one of the campuses of our universities. It is possible, through the facilities of this institution, if it is given proper support, to bring to many other cities and towns in Georgia the same opportunity for similar courses and instruction. Dr. George M. Sparks, the director, is anxious to present such a program to the people of Georgia.
The institution gives three years of work toward any degree, and the work done there is given full credit at any institution in the University System. It also confers the degree of Bachelor of Commercial Science upon those who complete the prescribed course.
The present building can't be remodeled or enlarged, and we suggest that consideration be given to selling the present building and securing a new site at some advantageous point in the downtown section of Atlanta for the erection of the new building.
During this inspection we had an opportunity to confer with Honorable Marion Smith, chairman of the Board of Regents, who has a deep interest in the success of this institution, and he assured us that the Board of Regents fully realized the great work that it was doing, and that adequate support will always be given it from other branches of the University System.
On the Part of the Senate: William Freeman, Co-Chairman, Dr. W. H. Wall,
J. J. Baggett.

426

JOURNAL OF THE HOUSE,

On the Part of the House: Charles L. Gowen, Chairman, Robert E. Cheshire, Wayne Hinson, James Evitt, Jr., Otis Brumby, Ben Fortson, Jr.

September 29, 1945.
To:
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
Your committee has visited the Training School for Colored Girls, located at Macon.
We find that the capacity of the school has recently been doubled by the addition of a new dormitory wing with classrooms.
The institution is housed in a fireproof building, and Superintendent Ruth Stevenson seems to have sufficient personnel to efficiently operate the school. In our opinion it is unfortunate that the school is not located in a section of our state suitable to farming purposes. An effort is being made to raise foodstuff on land owned by the institution. The land is not suitable for farming purposes. This is one of the three institutions visited by your committee which needed no additional buildings, equipment or personnel.
We feel that it is significant that no girl that has been trained at this institution and released has ever been recommitted.
Respectfully submitted,
For the Senate: William Freeman, Dr. W. H. Wall, J. J. Baggett.
For the House: Charles L. Gowen, Chairman, Robert E. Cheshire, James Evitt, Jr., Wane Hinson, Otis Brumby, Ben Fortson, Jr.
Atlanta, Georgia, April 5, 1945. To:

SATURDAY, JANUAR.Y 26, 1946

427

HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR,
HON. FRANK GROSS, PRESIDENT OF THE SENATE,
HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA TRAINING SCHOOL FOR GIRLS
Your committee has completed its inspection of the Georgia Training School for Girls, located on the Baker's Ferry Road near Atlanta. The committee was favorably impressed with the spacious grounds, the program of beautification and the gene~al healthful atmosphere of the institution.
The receiving building, which was completed in 1940, is unusually attractive and modern in every respect. It is well equipped, with the exception of inadequate laundry facilities, which also applies to the other dormitories. All buildings, both new and old, are spotlessly clean and maintained on an efficient basis, reflecting the expert attention they receive from both the management and the girl students. Each girl has a private room which is equipped and kept in a manner that would meet any mother's approval. It is apparent that much progress has been made at this institution during the past two years. The old fence that surrounded the school and the iron gates at the entrance have been removed, and iron-clad restrictions and stern discipline have been supplanted by an honor system that has worked wonders. We were deeply impressed by the refined atmosphere that prevails here; and any suggestion of a reformatory or place of confinement is not to be found, but instead it has the appearance of a high type girls' boarding school. The older buildings are in excellent repair and show evidence of being well maintained in spite of present-day handicaps.
Through the cooperation of the State Highway Department, all essential roads have been paved and sidewalks laid at the institution. An examination of the new refrigeration plant, which was built with free labor and materials from the Milledgeville State Hospital, showed it to be adequate to store and preserve large quantities of perishable foods. Storerooms are well stocked and meals prepared under the personal supervision of a graduate dietitian were highly praised by all interviewed. Grading, planting and beautifying of the grounds is constantly going on. Many of the girls show an intense interest in the planting and care of shrubbery and flowers with their own hands, and this obviously exerts a great influence upon them as they strive to readjust and equip themselves for a deserved place in society. Schooling under competent teachers is provided through the eighth grade and special training courses are conducted in home economics, housekeeping, sewing, typing, rug weaving, handicraft, and training for beauticians, all under the supervision of able and understanding instructors.
Girls are committed to the school from the superior courts and juvenile courts throughout the state. These girls, in the great majority of cases, come from homes that have been broken up, and they range in age from twelve to eighteen years. When they are admitted to the school they are given' a thorough physical examination and assigned to quarters in the new receiving home. Here she is taught how to take care of her room and help maintain the general order of the building. This is the basic training course of the school where, in addition to the hours required in classes, the student is familiarized with the rules and regulations of the institution.

rl-28

JOURN~L OF THE HOUSE,

A perfect conduct record over a period of weeks is necessary before the girl can be promoted to one of the honor buildings. After such promotion she is required to have an additional perfect record before being eligible for one of the specialized training courses.
Your committee cannot commend too highly the honor system that has been put into effcet under the present management of the institution. For the past several months there has been no attempt on the part of any of the girls to leave the home, where in the past "escapes" were often daily occurrences.
Under the present system, when a girl reaches the age of 18 and has a desirable home life to return to, she is paroled for a period of twelve months under the supervision of the County Welfare Director. If circumstances are such that it is not considered best to return the girl to her home, or community, then the management, often aided by religious, charitable, and civic organizations, find a position for the girl in line with her qualifications and training. Many girls who were trained at the school are now holding positions of trust and are a distinct credit to the school, the management, and the State of Georgia.
At present the school is being operated to the full extent of its capacity, and as its true worth becomes known, more and more girls will be sent here for rehabilitation and training.
Additional facilities and buildings will be required to maintain and expand the services of this fine institution, and your committee recommends that the following be included in any building program undertaken by the state when materials are available:
One 50-room, two-story fireproof dormitory..................................$100,000.00 One 20-unit fireproof employees' apartment building.................... 75,000.00 One fireproof school building.............................................................. 60,000.00 One laundry, alterations and equipment............................................ 18,000.00 Equipment for new dormitories.......................................................... 35,000.00 Equipment for new employees' building............................................ 20,000.00 Equipment for new school building.................................................... 10,000.00

T otal............................................................$318,000.00 (With first priority being given to launilry and dormitory buildings.)
The people of Georgia have every right to be proud of their State Training School for Girls. This committee wishes to commend most highly those responsible for this fine work. These include: Judge A. J. Hartley, director of Public Welfare; Mrs. J. A. Rollison, chief, Division of Institutions; Miss Agnes Arnold, superintendent, and their many able associates.
. Respectfully submitted,
For the Senate: William Freeman, Dr. W. H. Wall,
]. J. Baggett.

SATURDAY, JANUARY 26, 1946

429

For the House: Charles L. Gowen, Chairman, Robert E. Cheshire, James Evitt, Jr., Wayne Hinson, Otis Brumby, Ben Fortson, Jr.
Atlanta, Georgia, April 11, 1945. To: HIS EXCELLE~CY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON THE CONFEDERATE VETERANS HOME
Your committee has completed its investigation of the Confederate Veterans Home, located on Confederate Avenue in Atlant~.
We find that there are only four veterans in the Home, and they occupy a part if the first floor of the building. The remainder of the building is being used by the Public Safety Department ani for other state purposes. There is only a staff of five to care for these four veterans. However, at present they are short of a practical nurse and an orderly. Mrs. Poe, superintendent, states that she has received every cooperation from the State Welfare Department, that her budget is more than ample, and that she is given free reign in the management of the Home.
We believe that these veterans are receiving the very best care possible and that there is nothing that can he done to increase their comfort, and it is a matter of caring for them as long as they live. The accommodations are ample, the food is the best, and the management is efficient, cooperative and understanding.
Respectfully submitted,
On the Part of the Senate: William Freeman, Dr. W. H. Wall, Jess Baggett.
On the Part of the House: Charles L. Gowen, Chairman, Robert E. Cheshire, Wayne Hinson, James Evjtt, Jr., Otis Brumby, Ben Fortson.

430

fOURNAL OF THE HOUSE,

AMENDMENT TO REPORT ON GEORGIA TEACHERS COLLEGE STATESBORO, GEORGIA
The committee voted to reduce the amount by $400,000 for buildings that can be financed by revenue certificate.
April 14, 1945.
HON. ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA TEACHERS COLLEGE, STATESBORO, GE.ORGIA
Your committee visited this institution on April 13, 1945, and met with its president, Dr. Marvin Pittman. This college is the only institution in Georgia which is entirely devoted to training school teachers; almost one hundred per cent of its graduates are now engaged in educational fields, the great majority of them in Georgia. If our schools were deprived of the men and women trained at this college, many of them would find it impossible to function.
The war has temporarily reduced the number of students, but the steady growth in attendance from 1933 to 1941 leads us to believe that an enrollment of 1,000 is to be expected shortly after the end of the war.
The present plant is adequate for only 500 students, so additional facilities must be provided in the immediate postwar period if the supply of teachers for Georgia schools is to be maintained; in this connection, it is estimated that 1,200 school teachers will be required each year to replace those who will leave the profession under the Teacher Retirement Act. Our public schools need well-trained teachers who are familiar with the ideals and traditions of Georgians, and Georgia Teachers College can and will provide them to the limit of its capacity. In order that the state may properly discharge its responsibility to the grade and high schools and insure the steady supply of well-trained and competent teachers, we recommend that in any postwar building program $1,000,000 be allocated to Georgia Teachers College for the purpose of constructing a central heating plant, an addition to the practice school, an arts building, a men's dormitory and an apartment building to house women professors.
With these additions this institution would be second to none in the country, for it now has a president that is a recognized leader nationally in his profession, and a most able faculty.
We are pleased to report that Georgia Teachers College has almost entirely recovered from the retrogression caused by its removal from the accredited lists in 1941, is now a fully accredited institution and giving educational advantages of the highest standard to Georgia boys and girls at a minimum of cost.
A portion of the old Statesboro-Pembroke public road runs through the campus, and we recommend that this be closed in order to protect the children attending the

SATURDAY, JANUARY 26, 1946

431

practice schools from possible injury. The people of Statesboro and Bullock county and those of the adjoining counties as well are deeply interested in the school and its future welfare; headed by Mayor Alfred Dorman, they were most gracious hosts to your committee and gave us every assistance in our work.
Dr. Pittman and the faculty were most cooperative and are due the thanks of the people of this state for the wonderful work they are doing.
Respectfully submitted,
On the Part of the Senate: William Freeman, Dr. W. H. Wall, Jess Baggett.
On the Part of the House: Charles L. Gowen, Chairman, Robert E. Cheshire, Wayne Hinson, James Evitt, Jr., Otis Brumby, Ben Fortson, Jr.
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR OF GEORGIA, HON. ROY V. HARRIS, SPEAKER OF THE HOUSE. HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA TRAINING SCHOOL FOR THE MENTAL DEFECTIVES
Your committee has completed its investigation and inspection of the Georgia Training School for Mental Defectives at Gracewood, and we beg to submit the following report:
We are happy to report that we found conditions at this institution very good indeed. There was less overcrowding and generally more modern buildings and equipment than we have found elsewhere to date. There are at present 432 inmates, about one-half of which are custodial cases and the other half are receiving and responding to training. The state has recently completed a modern dormitory and the second one is under construction. We found only one wooden building in use that could be classed as a firetrap, and we were assured that upon completion of the dormitory under construction the children would be moved into the new building and the old wooden building modernized and made into a school building or other use that would not involve the hazard of children sleeping in it.
We found, however, that the facilities of the institution are inadequate. There are at present 150 on the waiting list and this list would be larger except for the fact that the County Welfare Departments have failed to make application for any except the most desperate cases because they realize the impossibility of accepting all children that should be sent to Gracewood. It seems to us clear that the state

432

JOURNAL OF THE HOUSE,

must make plans to care for at least 800 or 1,000 children who have sufficient mentality to receive training. In addition to this, there will be probably 300 to 400 purely custodial cases in which training is impossible. A decision must be made as to whether these custodial cases are to be cared for at the Milledgeville State Hospital or at Gracewood. In either place, there should be a separate unit erected for them, and since the majority of these custodial cases are now at Gracewood, we think it would be well to place this unit there.
After carefully considering the naads of the institution, we recommend that $375,000 be included in the state's postwar building plans for the purpose of constructing the following needed improvements:
(I) Two additional fireproof dormitories of 150-bed capacity each (these to be in addition to the dormitory now under construction).
(2) Conversion of the wooden dormitory into a classroom, or living quarters for employees.
( 3) Erection of fireproof building of 100-bed capacity, designed for the exclusive case of bed cases of both sexes.
(4) Erection and equipment of a new laundry to care for an institution of 1,000 inmates.
(5) Conversion of present laundry building into a cannery, and the equipping of the same.
(6) Erection of new cold storage and ice plant. The present one is much too small to care for even the present population.
( 7) Erection of a sewage disposal system and installation of larger sewage mains.
(8) Modernization of the kitchens in the various dormitories and m the main building, and equipping the main dining room.
(9) Installation of stokers in place of hand-fired furnaces.
( 10) Installation of a deep-well pump to provide for increased water demand.
( 11) Enlargement of the dairy herd to provide additional milk for the increased population and the purchase of adjacent land to care for the enlarged herd.
( 12) Installation of machinery for repairing shoes and for woodworking, so that inmates may be trained in this work and at the same time provide many of the articles needed at the institution.
We call attention to the fact that Gracewood only receives white children. There is no place in Georgia to care for Negro mental defectives. We believe that the state should discharge its responsibility in this regard and that a separate unit to care for Negro mental defectives should be erected near Gracewood and operated entirely separate and distinct from the present institution, although under the same

SATURDAY, JANUARY 26, 1946

433

general supervision. While it is impossible to estimate the number of inmates to be cared for, based on the proportion of Negro population in Georgia, we think it safe to say that it should be large enough to care for not less than 300 children.
We desire to pay tribute to Dr. E. W. Schwall, who is doing wonderful work at Gracewood and who clearly had the respect and devotion of the children under his care. The State Department of Public Welfare and its director, Judge A. J. Hartley, are to be congratulated upon the interest that they haye taken in this institution, and it is certainly one of which the people of the state can be proud,
Respectfully submitted,
For the Senate: William Freeman, Dr. W. H. Wall, Jess Baggett.
For the House: Charles L. Gowen, Chairman, Robert E. Cheshire, Wayne Hinson, James Evitt, Jr., Otis Brumby, Ben Fortson, Jr.
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR OF GEORGIA, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
Gentlemen:
Your committee has completed its investigation and inspection of the University of Georgia School of Medicine at Augusta, and we beg to submit the following report:
Any consideration of the needs of the School of Medicine must of necessity bring with it consideration of the need for a compr.ehensive health program for the State of Georgia. The School of Medicine in normal times limits its enrollment to bona-fide residents of the state, since it does not have facilities to permit it to accept the qualified Georgians that seek admission and the authorities properly feel that the institution's first duty is to our own citizens. This policy means that at least 75% of the graduates of the school practice medicine in Georgia for the benefit of Georgians.
We need more properly trained doctors, particularly in rural sections, b1;1t before the School of Medicine can accept additional students it must have an increase in available clinical material, and this can only be accomplished, in our opinion, by the construction of a General State Hospital at Augusta, with at least 400-bed capacity, at a cost of approximately $800,000.00. Such an institution would permit the Medical School to double its enrollment and thus make it possible for these additional

434

JOURNAL OF THE HOUSE,

doctors to locate in Georgia each year. In addition to this, we recommend for the Medical School a new administration building and the remodeling of the present administration building into a dormitory. This would cost aprwximately $250,000.00 additional.
But these recommendations, if carried into effect, will not of themselves be sufficient. One reason that doctors are not practicing in our rural areas is because of the lack of suitable hospital facilities. We, therefore, recommend the establishment of a system of regional state hospitals to be coordinated with the General State Hospital at Augusta and to be located at strategic points to serve those areas of the state that do not now have adequate hospital facilities. It is not our thought that these hospitals should compete with existing institutions but that they should be located to serve those areas that are now without adequate hospital facilities. If the Hill-Burton Bill passes the Congress of the United States, it will be possible to secure a grant from the Federal Government of 75% of the cost of the General State Hospital and the various regional hospitals as well. Georgia cannot hope to have prosperous citizens until it first has healthy citizens, and a rural health program that coordinates the work of the various state departments and agencies must be one of our postwar aims.
Your committee has also reached the conclusion that it would be desirable to have at Augusta, in connection with the General State Hospital, a receiving unit for the Milledgeville State Hospital, where patients could be sent for observation and diagnosis. It is felt that this would result in many being returned to their homes without the stigma of a commitment to a mental institution. It would furnish additional clinical material for the Medical School, and should result in the diagnosis of other ailments and conditions that may well be aggravating or even causing the mental condition. The staff at the Milledgeville State Hospital could rotate at the receiving center in Augusta and thus have an opportunity to observe the patients in their early stages.
To sum up, we recommend that there be included in Georgia's postwar building program $1,050,000.00 for the Medical School at Augusta. We do not undertake to estimate the cost of the regional hospitals because we do not have complete information that would enable us to give the number that would be required to supplement existing facilities so that proper medical care would be available to all of our citizens, but we recommend that the State Health Department immediately conduct a survey to determine what is necessary to accomplish this. By integrating these hospitals with the medical school and the General State Hospital it would be possible to conduct clinics and rotate the medical staffs so that all Georgia doctors would have the benefit of the most up-to-date medical and surgical progress. This program could make the Medical School of the University of Georgia one of the truly great institutions .of the world, and should assist in raising the health standards in Georgia immeasurably.
We desire to thank Dr. G. Lombard Kelly, dean of the Medical School, and Chancellor S. V. Sanford for the assistance afforded to the committee and to compliment them on doing so much with so little.

SATURDAY, JANUARY 26, 1946

435

Respectfully submitted,
On the Part of the Senate: William Freeman, Dr. W. H. Wall, Jess Baggett.
On the Part of the House: Charles L. Gowen, Chairmar., Robert E. Cheshire, Wayne Hinson, James Evitt, Jr. Otis Brumby, Ben Fortson, Jr.
Atlanta, Georgia,
May 7, 1945.
To:
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA EXPERIMENT STATION
Your committee has completed its inspection of the Georgia Experiment Station, located at Griffin, Georgia. We were graciously received by Dr. H. P. Stuckey and his associates and conducted through the buildings and over the grounds comprising the Experiment Station. This Experimenr Station operates approximately twelve hundred acres of experimental plots, pastures, and forest lands at Experiment; 450 acres as the Georgia Mountain Experiment Station, near Blairsville, and 15,000 acres, known as the Eatonton Project Area, in Putnam County. Part-time staff members are located at the Georgia Coastal Plain Experiment Station at Tifton. In addition, experiments are conducted on farms in about 30 counties widely scattered over the state where soil, climatic, and other local conditions lend themselves to the work of the institution. The station is staffed by approximately 50 members, some of which are temporarily in military service. The institution is supported by state and federal funds and has achieved remarkable success in many fields of its endeavor. The work carried on at this institution is of a highly technical nature, and the results achieved are so far-reaching in the economy of our citizens that it is impossible to estimate the far-reaching value.
There is an apparent need for new buildings and facilities at the institution, a copy of which is hereby attached. Your committee recommends that $400,000.00 be allocated to this institution by any funds made available by the state for this purpose.
Respectfully submitted,
011 the Part of the Senate: William Freeman, Chairman, Jess Baggett.

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JOURNAL OF THE HOUSE,

On the Part of the House: Wayne Hinson, Ben Fortson, Jr., James Evitt, Jr., Otis Brumby, Henry Arnold.
GEORGIA EXPERIMENT STATION
GRIFFIN, GA.
Horticultural Building ------------------------------------------------------------------------$ 62,000.00 Library and Auditorium--------------------------------------------------------------------- 125,000.00 Additional Land ---------------------------------------------------------------------------------- 15,000.00 New greenhouse ---------------------------------------------------------------------------------- 30,000.00 Pack house for fruit and potato storage house________________________________ 12,000.00 Furnishings for buildings------------------------------------------------------------------- 20,000.00 New farm equipment and general repairs---------------------------------------- 31,000.00
GEORGIA MOUNTAIN EXPERIMENT STATION
BLAIRSVILLE, GA.
Office and laboratory building for Ga. Mountain Experiment Station ------------------------------------------------------------------------------------------------$ 35,000.00
Addition to building for community canning demonstration plant 35,000.00 Community Center Building--------------------------------------------------------------- 35,000.00
Atlanta, Georgia, May 7, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON WEST GEORGIA COLLEGE
Your committee has completed its investigation of West Georgia College, located at Carrollton. Your committee was greatly impressed by the outstanding job being done by this institution, whose activities in addition to filling the needs of a junior college of probably one-sixth of our state are also rendering outstanding serv- ice in community education, cooperative community planning, vocational education, and with a grant from the Rosenwald Foundation, have been conducting a third-year course in teacher training. This institution is unique in the fact that it stresses the fitting of its pupils into rural education and upbuilding. Upon termination of the Rosenwald Grant, which makes possible the third year of teacher training, your committee respectfully suggests that the Board of Regents give serious consideration to allocating funds for the purpose of carrying on this work.
Your committee was greatly impressed by the progressive leadership of the in-



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stitution by Dr. I. S. Ingram and his able staff. Many of the ideas of the teacher training and community development instituted at West Georgia College have received nation-wide recognition. The physical plant of the College, while inadequate for present and postwar needs, shows careful thought and planning have been exercised toward the building of coordinated unity, and readily lends itself to further expansion.
Your committee recommends that funds in the amount of $372,000.00 be made available to this institution in any postwar building program undertaken by the state according to the itemized list of new buildings and other items attached hereto.
Respectfully submitted,
On the Part of the Senate: William Freeman, Chairman, Jess Baggett.
On the Part of the House: Wayne Hinson, Ben Fortson, James Evitt, Jr., Otis Brumby, Jr.
Atlanta, Georgia, September 18, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
Your committee has completed a survey of the School for the Deaf at Cave Spring, Georgia, and submits the following rocommendations:
We found the plant needs expanding and present buildings need many improvements to bring them to a condition suitable for deaf children to occupy. It must be remembered that deaf children cannot be aroused by any fire-alarm system, and therefore every dormitory should be absolutely fireproof or so equipped that the fire hazard is reduced to a minimum.
The boys' shop, which houses the metal shop, auto repair shop, woodwork shop, manual training shop, printing shop, and shoe repair shop, needs additional machines and equipment as well as additional space.
The classroom building for advanced classes, although not modern, seems adequate with the present enrollment, but the greatest need is an adequate library, which could be housed in the present building.
The present girls' laboratory is a fairly modern building, constructed in 1941.
The main dining room is an old building, with the upstairs devoted to classrooms. There are no toilet facilities in this building. Should the enrollment of the school be



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increased, this building should be modernized and the dining hall increased to overcome crowded conditions.
The boys' dormitory is a three-story structure and is a fire hazard. This building should be immediately equipped with exit lights. This building, if to be continued in use, should be equipped with a sprinkler system and the wooden floors covered with fire-resistant material.
The administration building houses the administrative offices and the teachers and superintendent for the institution. This building is adequate for the present staff.
The primary building is :1 modern, two-story structure and comprises the total plant for the small children. The building is ample for the present enrollment, but should the enrollment increase, as statistics indicate it should, more dormitory space would be required.
The present laundry and boiler room are adequate for the present plant, but there is no fuel storage capacity. Coal is unloaded about one hundred feet from the boiler room and requires hauling the fuel from the place of unloading to the boiler room. The laundry rooms needs to be enlarged for an increased enrollment, and new machinery is badly needed.
The hospital seems adequate, and was constructed in 1940.
NEGRO UNIT
The Negro unit consists of two buildings, the school building and dormitory. In one wing is housed girls of all ages and the other wing houses boys of all ages, including teachers and the principal. A third wing of the dormitory contains the dining room and kitchen and cold-storage facilities. If the Negro children are to be served, additional dining and dormitory space will be necessary. They have no infirmary at this unit.
The Negro classroom building seems adequate even for an increased enrollment.
On the Negro side is located the old Perry mansion, which is now occupied by tenants. A part of the building is in a bad state of repair. This building could be remodeled and made into a dormitory for boys, which would accommodate approximately fifty students. Tenant houses would be needed to accommodate the present tenants in the Perry mansion.
We find that in the land owned by the school there is ample timber to supply the lumber needed for the farm and school plant construction.
Your committee recommends that the sum of $725,000.00 be made available in any postwar building program for the following buildings: Two physical education buildings for white and colored, infirmary for colored, auditorium for whites; sprinkler system; laundry building and new equipment; equipment for auto repair shop, print shop and woodwork shop; addition to library; remodeling Perrv home; four tenant houses; fuel storage room; Negro vocational building; improvin.g dining

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hall and primary building; barn for beef cattle; broiler plant; dairy cattle barn; calf barn; enlarge white boys' vocational building; feed houses for farm; demolition and replacement of boys' dormitory; enlarge primary building.
Your committee feels that if this program is carried out you will have a modern fireproof plant for these unfortunate deaf children. The committee took the opportunity to visit classrooms from the very beginners through the high school grades, and were very much impressed with the methods employed in taking a child six years old who has never known the name of its parents or name of its relatives, nor the name of the community in which it was born, and training them to where they can carry on a conversation and become quicker in mathematics and other subjects than pupils who can hear aiid talk from the time they start in school.
We wish to commend Superintendent C. H. Hollingsworth and his staff for their sympathetic and understanding approach of the problems he and his staff face with these unfortunate children, and praise them for the efficient job they are now performing.
Respectfully submitted,
On the Part of the Senate: William Freeman, Chairman, Jess Baggett.
On the Part of the House: Wayne Hinson, Ben Fortson, Jr., James Evitt, Jr., Otis Brumby.
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, THE H_ON. FRANK GROSS, PRESIDENT OF THE SENATE, THE HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
Gentlemen:
Your committee has completed its investigation and inspection of Georgia State Woman's College at Valdosta, and we beg to submit the following report:
This college is the only institution in the southern part of the state that offers four years of college work leading to a degree. It is also one of the few institutions in the state now having a larger enrollment than its average for the past ten years.
Georgia State Woman's College affords to the young women of the state an opportunity to secure a well-rounded education in the arts and sciences under an outstanding faculty in beautiful surroundings in a cultured community, and it deserves full support from the state, since it is an essential part of our system of higher education. We recommend that in the state's postwar building program there be allocated for Georgia State Woman's College at Valdosta the sum of $569,000.00. This will provide the following needed improvements: Music building, infirmary,

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dining hall and kitchen, gymnasium, and the addition of wings to the dormitory and the expansion of West Hall (the administration builping). It will also include a sum sufficient to repair and make additions to the library and swimming pool and reclaim and renovate a number of dormitory rooms.
The sum that we recommend would also provide $50,000 towards the erection of an auditorium, the balance of the cost of which would be borne by the City of Valdosta, which is ready and willing to participate in the construction of this building.
While we were visiting this institution, representatives of the student body appeared before us and advised us of two of the projects in which they are interested. The alumni are seeking to provide a chapel and we feel that the state should participate in the construction of this building to the extent of at least $20,000. The stu.dents also seek to have a small lodge erected at Twin Lakes, where the student organizations can have picnics and similar excursions. We think that $7,500 would buy a desirable tract of land and the necessary improvements. Both of these sums are included in our total recommendation.
We desire to take this opportunity to congratulate Dr. Frank R. Reade on the fine institution that he has and particularly on the excellent cooperation that he secures from the citizens of Valdosta and Lowndes county. The faculty was found to be outstanding and the entire institution is one to which any Georgian should be proud to send his daughter.
Respectfully submitted,
On the Part of the Senate: William Freeman, Chairman, Jess Baggett.
On the Part of the House: Wayne Hinson, Ben Fortson, Jr., James Evitt, Jr., Otis Brumby.
Atlanta, Georgia, May 7, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON SOUTH GEORGIA COLLEGE
Your special investigating committee investigated South Georgia College, College, Georgia, on May 1, 1945. After carefully examining buildings, facilities, and noting with pride the beautifully planned campus we have come to some definite conclusions in regard to this junior college situated in Southeast Georgia. Under the able directorship of J. M. Thrash, president, and a very able staff of teachers and assistants, we believe that this institution has definitely aided education, not only

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all over this state, but certainly in that section of Georgia. We noted with interest and with a definite feeling for the students involved that the dormitories did not have sufficient facilities for heating purposes and that this was a definite need of the whole institution. Therefore, we recommend a central heating plant for this institution at an approximate cost of $75,000.00. Your committee also recommends the erection of a boys' dormitory at an approximate cost of $100,000.00 and' a girls' dormitory at the same figure. Because of the fact that it is impossible to give the proper instruction to boys and girls without suitable facilities, we also recommend a home economics building, including a model home, laboratories and classrooms at an approximate cost of $60,000.00. There is also a very definite need for a science building. We recommend the construction of this building at an approximate cost of $50,000.00.
Just as we found at other institutions in the state, there is a need here for an infirmary, so we recommend the construction of an infirmary at a cost of $25,000.00.
All of the present buildings need some repair work, and so for equipment and repairs to these buildings we recommend the sum of $30,000.00.
The committee noticed a very undesirable situation at South Georgia College. Close to the land and the buildings there is a tract of land that may become a nuisance by reason of the fact that dance halls and "honky tonks" may be erected. This committee recommends that $5,000.00 be set aside for the purpose of this land adjacent to the campus. We feel like that a construction program totalling $425,000.00 will so place this junior college where it will he more able to serve not only this part of Georgia but better serve the educational needs of all of Georgia.
We wish to give notice of the fine treatment we received, and here publicly express our thanks for the consideration of the president, Mr. J. M. Thrash.
Respectfully submitted,
On the Part of the Senate: Wallace Harrell.
On the Part of the House: Cha.rles L. Gowen, Chairman, Ben Fortson, Jr., James Evitt, Jr., Robert Cheshire.
AMENDMENT TO THE REPORT
ON
ABRAHAM BALDWIN AGRICULTURAL COLLEGE
AND THE GEORGIA COASTAL PLAINS EXPERIMENT STATION
The committee amended this report by adding $222,000.00 to cover essential buildings left out of the original report.
Atlanta, Georgia, June 8, 1945.

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To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. ROY HARRIS, SPEAKER OF THE HOUSE, HON. FRANK GROSS, PRESIDENT OF THE SENATE.
Your committee has completed its investigation of the Abraham Baldwin Agricultural College and the Georgia Coastal Plains Experiment Station, located at Tifton, Georgia. We find here two unique units of the University System are working in complete harmony and each complimenting the other. Here is located the only experiment station serving the Coastal Plains section in the southeast.
Its importance is recognized by the Federal Government, who, up until the present year, have made allotments to this station exceeding that of the State of Georgia. This supplement by the Federal Government amounted to more than $100,000.00, many salaries being paid in full and several others supplemented.
The Abraham Baldwin Agricultural College features two-year college courses for men in agriculture, designed as a terminal course in practice farming or leading to an agricultural degree at other colleges. The same program holds true in the twoyear course in home economics for women.
Many students are attracted to this college due to the low cost and the opportunity of earning part or all of the students' expenses through work: at the institution.
The plant consists of the buildings located on the two-thousand-acre tract of land at Tifton, a substation located at Alapaha, consisting of twenty-eight hundred acres of cut-over land for forestry research and range cattle, four hundred and fifty acres at Attapulgus, which is devoted to shade tobacco experiments and a sixty-acre tract in Cook county which is devoted to flue-cured tobacco experiments.
We commend Mr. King and his staff for the excellent work they are doing, and they have greatly aided in increasing the income of the farmers in the Coastal Plains section of the state.
It is the opinion of the committee that the following improvements should be made at these institutions to bring them up to their maximum operating efficiency:
1. Central heating plant for present buildings and others to be added --------------------------------------------------------------------------------------- $ 75,000.00
2. Student Social Center, which would also house post office and student store..----------------------------------------------------------------- 20,000.00
3. Renovation of three original buildings constructed in 1908.. 30,000.00 4. Landscaping of campus, paving of walkways and removal
of unsightly barns-------------------------------------------------------- 10,000.00 5. Purchasing of additional 100 acres of land adjacent to pres-
ent property -------------------------------------------------------------------- 10,000.00 6. Removal and modernization of poultry plant........................ 10,000.00 7. Science and laboratory building fully equipped..-------------------- 125,000.00 8. Diagnostic laboratory and isolation facilities for diseased
animals -------------------------------------------------------------------- 25,000.00

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9. Greenhouses for plant breeding................................................ 10. Construction of 16 tenant houses............................................ 11. Renovation of 99 existing buildings........................................ 12. Manager's home and laborer's cottage at Attapulgus.......... 13. Construction of cottage and barns at Cook Co. Substation.. 14. Steel water tower for water system........................................ 15. Faculty and staff houses............................................................

30,000.00 30,000.00 30,000.00
7,500.00 8,000.00 10,000.00 30,000.00

These improvements will total $450,500.00, and your committee respectfully suggests that this amount be included in any postwar building program undertaken by the State of Georgia for its institutions.

Respectfully submitted,

On the Part of the Senate: William Freeman, Co-Chairman, Wallace Harrell.

On the Part of the House: Charles L. Gowen, Chairman, Bob Cheshire, Wayne Hinson, James Evitt, Jr., Ben Fortson, Jr.

Atlanta, Georgia, May 7, 1945.
To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE,
HON. ROY HARRIS, SPEAKER OF THE HOUSE.

REPORT ON ALBANY STATE COLLEGE

Your committee has completed its investigation of Albany State College, located at Albany, Georgia. This is a four-year institution approved by the Southern Association of Colleges and Secondary Schools, the State Department of Education, and under the supervision of the Board of Regents of the University System. This college is located in the heart of the state's Negro population, and 250,000 Negroes live within fifty miles of the college. The total enrollment during the past year was 1,423, including 625 summer school students and 227 students enrolled in extension classes conducted in ten communities. There are eight brick buildings on the campus, which are principally the gift to the school of Miss Carolyn Hazard; also eight buildings which were given by the N. Y. A. This college is unique in that the State of Georgia's investment in the physical plant amounts to only $5,500.00. Your committee was impressed by the splendid work carried on here under the direction of President Aaron Brown and his able faculty. This college at present is. operating at its full capacity and it is anticipated that it will be called upon to greatly extend its services to Negro ex-service men following the termination of the war. The campus

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has been utilized to its fullest extent, and your committee recommends that twentyseven acres of land adjacent to the school property be acquired for the purpose of expansion. We understand that this property can be bought at a nominal cost. There is a paved road running through the middle of the campus that acts only as a feeder road to a federal highway. This is a constant danger to pupils from speeding vehicles, and we recommend that immediate steps be taken to have this road closed to traffic.
Many of the buildings are badly in need of repair, and we recommend that $35,000.00 be made available for this purpose. Your committee recommends that the following buildings be included in any building program undertaken by the State of Georgia for its institutions: Laundry, $25,000, including equipment; central heating plant, $75,000; gymnasium, including a swimming pool, $75,000; infirmary, $25,000; dormitory for men, $100,000; dormitory for girls; $100,000; industrial arts shop, including a canning plant, $35,000; student and community center, including co-op store, $25,000; home economics house, $10,000; totalling $460,000. There is also an urgent need for faculty housing, but these can be constructed on a rental basis, and we feel that these can be handled through a separate program. The Albany State College as compared to our other Negro institution has bren operating under a serious handicap, as its income is being derived from only two sources, namely: Allocation from the Board of Regents and students' fees, while the Georgia State College at Savannah is a federal land grant college, and the one located at Fort Valley is supported by the Rosenwald Fund.
Your committee is of the opinion that this school fills a very definite need in our educational program and should receive every encouragement and consideration.
Respectfully submitted,
On the Part of the Senate: Wallace Harrell.
On the Part of the House: Charles L. Gowen, Chairman, James Evitt, Jr., Wayne Hinson, Robert E.. Cheshire, Ben Fortson, Jr.
Atlanta, Georgia, May 14, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANk GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON GEORGIA SOUTHWESTERN COLLEGE
Your committee has completed its investigation of Georgia Southwestern College, located at Americus.

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445

Your committee was greatly impressed by the general layout of this institution and the thought and planning that is evidenced in the building program that has been carri!=d out up to the present time. We were gracefully received by Dr. Peyton Jacobs, president of the institution, and his staff of co-workers.
The committee held a lengthy and informative conference with Dr. Jacobs concerning the present operation and future needs of this institution, and later inspected the college campus, its buildings, and sites for proposed buildings. Your committee is of the opinion that a fund in the amount of $290,100 should be made available for this institution in any building program undertaken by the State of Georgia for its institutions, these funds to be expended as follows, subject to the approval of the Board of Regents of the University System:
l. Combination building, consisting of daylight basement for kitchen and dining hall, auditorium, classrooms, and laboratories. Estimated cost.......................................................... $145,000.00
2. Remodel Wheatley HalL......................................................... 20,000.00 3. Remodel boys' dormitories------------------------------------------------------- 15,000.00 4. Erect central heating plant.------------------------------------------------------- 50,000.00 5. Finish basement dormitory......-------------------------------------------------- 9,000.00 6. Reconstruct roofs of two dormitories...................................... 15,000.00 7. Complete day students' building................................................ 10,000.00 8. Finish and equip gymnasium.................................................... 15,000.00 9. Remodel Home Economics Building........................................ 3,000.00 10. New furniture for dormitories................................................ 8,100.00
Respectfully submitted,
On the Part of the Senate: William Freeman, Chairman, Jess Baggett. Dr. W. H. Wall.
On the Part of the House: Wayne Hinson, James Evitt, Jr., Ben Fortson, Jr.
Atlanta, Georgia, May 14, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON MIDDLE GEORGIA COLLEGE
Your committee has completed its investigation of Middle Georgia College, located at Cochran.

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This institution is located in the middle of our state and is in the middle man's territory, financially speaking. During 1943 and 1944 a large part of the college was devoted to training men in our Armed Forces, and several hundred were trained at this institution. Since the facilities occupied by the Army for this special training have again been made available to the college, it has shown the most rapid growth of any of our junior colleges. Dr. Leo H. Browning, president, and his efficient co-workers have a clear-cut conception of the part that this college should play in our educational p_rogram.
Middle Georgia College differs from many of our institutions in that its plans for postwar expansion must be made available immediately after termination of hostilities; due to its rapid growth it would shortly be operating at capacity under existing conditions.
Your committee recommends that $402,000 be made available to this institution under any building program instituted by the state for educational institutions to be used as follows:
REPAIR, BUILDING, PERSONNEL PROGRAMS MIDDLE GEORGIA COLLEGE
CocHRAN, GEoRGIA
I-REPAIRS: (a) Doors, windows, etc., Browning Dormitory......................$ 500.00 (b) Doors, screens, etc., Wiggs Dormitory___________________________ _ 200.00 (c) -Screen porch, roof repair Social Center............................ 200.00 (d) Repair swimming pooL....................................................... 500.00 (e) Install purifying plant in swimming pooL........................ 11,000.00 (f) Build new front porch to president's home........................ 500.00

$ 12,900.00 2-BUILDINGS:
(a) Infirmary, fireproof, red brick, 22 beds, offices, auxiliary rooms, one-story, complete....................................$ 45,000.00
(b) Girls' dormitory, fireproof, red brick, 2 stories, 40 rooms .................................................................................. 90,000.00
(c) Engineering, Mechanic (Auto) Building, two-story concrete, auto paint room, office, woodwork completely equipped, 4 classrooms, supply woodwork, auto mechanics ............................................................................... . 85,000.00
(d) Three cottages for faculty, 6 rooms, red brick, each $4,000.00 ............................................................................ 12,000.00
(f) Boys' dormitory, 40 rooms, red brick, 2 stories, complete 90,000.00 (g) Science Building- Chemistry, Physics, Biology, Labs,
complete .............................................................................. 50,000.00 (h) Home economics lab building, kitchen, office, etc............. 15,000.00 (i) Storage for kitchen and dining room supplies, brick........ 7,000.00
$390,000.00 GRAND TOTAL ..............................................................................$402,900.00

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447

The infirmary building is recommended due to the fact that there is no hospital or infirmary in Cochran, the nearest hospital being located at Hawkinsville, and it is necessary that provisions be made at the college for the treatment of the students.
Respectfully submitted,
On the Part of the Senate: William Freeman, Jess Baggett.
On the Part of the House: Wayne Hinson, Ben Fortson, Jr., James Evitt, Jr.
AMENDMENT TO FORT VALLEY STATE COLLEGE,
FoRT VALLEY, GEORGIA
The committee moved to reduce the amount from $1,025,000 to $800,000.
Atlanta, Georgia, August 14, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
Your committee has completed its inspection of the Fort Valley State College at Fort Valley, Georgia. The Fort Valley State College is a unit of the University System of Georgia, devoted to the education of the Negro youth of the state and to the service of all people in the state. Fort Valley State College was transferred from private to state control on July 1, 1939. The plant is valued at one million dollars and was given to the state by those who had been financing the institution. Prior to that time it had been a splendid private institution supported by contributions from philanthropic people and educational and religious foundations:
In 1938-39, in its last year as a private college, 599 persons attended classes in what is now Fort Valley State College. In 1944-45, with no additional classroom space or buildings, 1,506 students-nearly three times as many as in 1938-39-attended classes on the the Fort Valley campus.
With four times as many regular college students as in 1938-39, with one-half more high school students than in 1938-39, with three times as many summer school students as in 1938-39, with a faculty three times as large as in 1938-39, it is very evident that this institution has outgrown its present physical plant and also its faculty.
The president and faculty are enthusiastic about the school and their work, and the institution has made not only a local name but a name throughout the country as a high-class institution for Negro youth. It is now accredited by the proper agencies.

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The college has been authorized, by the regents, to develop new and advanced offerings on the graduate level, to provide for Negroes, within the State of Georgia, such advantages. The fields in which such work has been authorized are: Education, home economics, and agriculture. Facilities are lacking for such work and such work must be done.
There are no dormitories for boys-all space is taken for girls. Housing facilities are lacking for faculty members. The state has not spent a dollar for new buildings or new facilities since Fort Valley State College became a unit.
Your committee recommends that $1,025,000.00 be made available in any postwar building program to construct the following urgently needed buildings: Library, Science, Health and Physical Education Building; central heating plant; agriculture facilities (dairy plant, poultry plant, silo) ; dormitory for men, dormitory for women, infirmary, Graduate Building, Arts and Crafts Building, homes for employees and faculty, purchase of farm land, repairs to the present buildings.
Your committee believes this is the minimum amount that should be provided to make this one of the leading Negro educational institutions in the South.
Respectfully submitted,
On the Part of the Senate: William Freeman, Jess Baggett.
On the Part of the House: Wayne Hinson, Ben Fortson, Jr., James Evitt, Jr.
Atlanta, Georgia, June 1, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SP'EAKER OF THE HOUSE.
REPORT ON GEORGIA ACADEMY FOR THE BLIND
Your committee has completed its inspection of the Georgia Academy for the Blind, located at Macon, Georgia. The committee was pleased to find that the principal, Mr. John S. Herndon, had prepared a comprehensive and detailed statement of the conditions and needs at the institution. The committee believes that Mr. Herndon and his staff of teachers and supervisors are doing an excellent job in the operation of this institution. They are doing this in spite of a great need for additional help and facilities. It appears to us that they are making a most excellent use of the facilities they now have and that the personnel is working most diligently.
This is not a large institution. Fortunately, blindness in Georgia for a number of years has been on the decrease, but there nevertheless remains number of children

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449

who are either completely blind or with seriously impaired vision who must be given special training adapted to their needs. At the present time it appears that the enrollment of the school is about 90 white children and 45 Negro children. Since Mr. Herndon has been there he has added an additional grade to the school for the white children and has succeeded in getting the school accredited. Now the children are taught through the tenth grade.
We find that this institution suffers severely from the lack of adequate equipment and facilities. As the committee went through the buildings of this institution it found that many things were needed. The needs are so numerous that it is difficult to name them, and in this connection we recommend a remodeling survey be made of this plant to determine its exact needs, and that these be made available out of revenue now available ahd far ahead of any postwar building program. The school is very much in need of a cold storage and freezer locker facilities, where it can keep the foods and the meats. At the present time there is virtually no facilities of this kind at the school and the superintendent is forced to take his meats to distant places to preserve it, necessitating a twenty-five-mile round trip.
Toilet and bathing facilities should be greatly improved, and enlarged. As we went through the dormitories of the children we found that they do not have cabinets or closets in which to keep their clothes ; blind children must keep their soiled clothes in the same suitcase with their clean clothes which they keep under their bed. We found some old metal lockers that must be forty or fifty years old that are antiquated, delapidated, and dangerous. There is no way to make the doors of these lockers stay on their hinges and they swing back and forth unevenly. There is no way to make the lockers stand firmly on the floor, and as you open the door it is very dangerous that one of these lockers will fall on a blind child and injure him.
We find that the dining room, kitchen and back porch needs a new roof, that the stage in the auditorium is inadequate and even lacks curtains. The hospital, of sufficient size for this institution, needs to be equipped and perhaps a building erected for this purpose or the present building greatly renovated. Houses are needed, perhaps not more than three in number, for living quarters for personnel. The president has wholly inadequate living quarters, being forced to occupy one large room as sleeping quarters for himself, wife and his two children, who are now several years of age, one a boy and the other a girl. We recommend that a home be erected at this institution for the principal, costing approximately $7,500.00.
Recreational space is needed for the children, and this would include a suitable smoking room for the boys. While we do not encourage boys to smoke, we are informed that smoking is very prevalent among the larger of the blind boys, those boys in the high school grades, and that it is a means by which they pass away a good deal of their spare time. The boys who smoke have been most cooperative with Principal Herndon and do not smoke in the buildings because of the fire hazard and have to smoke in a dug-out basement, which does not have proper ventilation and no floor whatever.
The buildings need painting throughout on the inside as well as the woodwork on the outside, and at some places new steps are needed. In addition to the above,

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we find that the equipment used in the teaching of the blind at the school is antiquated and much of it worn out and the amount wholly insufficient. This school needs, among other things, an electric clock to ring the bells for classes and other purposes. It needs typewriters, needs at least 20 new double desks for the children, needs about a dozen pianos of one kind or another for the purpose of teaching these children music. The school needs a globe of the world suitable for blind children, office equipment, playground eq.uipment, maps of all kinds, piano chairs and library tables, and other equipment is needed. It would perhaps be economical to convert the heating plant from coal to gas. The above needs apply to the school for the white children.
For the Negro children we find, first, that the building is a three-story buitding and is a definite firetrap for blind children. We think in this r"espect that it would be well for the state to consider selling the Negro school plant. We understand that the City of Macon is anxious to have this property, especially for the land, for the location of a Negro high school. It is possible that the proceeds of the sale, with some additional amount, could be used to purchase other property nearby and erect suitable buildings for the teaching of blind children. We believe that buildings occupied by blind children should be only one-story. In addition to the above, the Negro school has inadequate equipment. There are no lockers, no auditorium, and poor classroom equipment. Office equipment costing probably two hundred dollars is needed. Several typewriters, pianos, some library equipment, shop equipment, and laundry equipment is needed.
In connection with the white school we should mention that the school needs dining room and kitchen equipment which would cost approximately five thousand dollars.
Unfortunately, some blind children, as other children, come from poor families who are unable to clothe them properly. Since it is absolutely necessary that these children must go away from home in order to be educated, we think the state owes it to those children to provide sufficient clothing for the children who in the opinion of the principal needs this help. This would probably not amount to over four or five hundred dollars per year and the superintendent should be able to purchase these clothes out of the petty cash fund.
We have not gone into every detail in this report of the needs at this school, but a remodeling survey which we recommend would of course show in detail the needs, including the cost of the various items. We are thoroughly convinced that Mr. Herndon, in cooperation with the State Board of Education, can make this remodeling survey and carry out the remodeling program in a very efficient manner. It is only fair to say that the committee was greatly impressed at the needs of this institution and feels that immediate attention should be given to remedying the situation. We do not believe that it is the intention of the state for unfortunate blind children to have facilities so inferior to that found in the average high school of Georgia, but from our observation at this institution we believe that this is true today.
We found Dr. M. D. Collins, State Superintendent of Schools, and the State Board of Education to be very much interested in giving this school proper facilities

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and we believe that Dr. Collins and the board are very anxious to see this institution greatly improved. While in our other reports we have based our recommendations largely to postwar building and improvements, we think that in regard to this particular institution the improvements we have mentioned and others that may be needed, as a survey will show, should be made this summer in order that this school may be fully equipped when it opens the fall session.
While it may not be within the perdue of the work of this committee, we feel that attention should be called to the fact that there are many totally blind children and many other children with seriously impaired vision in Georgia who do not attend this school, and in fact are not attending any kind of school. We think that extreme effort should be made by the State Board of Education, the county school superintendents and the public welfare departments of the various counties of this state toward seeing that all parents of blind children, or with seriously impaired vision, be given knowledge of this school and that every effort be exerted to see that these children enter this school. Perhaps the number out of school who ought to be in school exceeds the number now enrolled in this institution, and there may be other unfortunate children all over our state of which we have no adequate records.
Just one more thing that we think we should call to your attention. While a dentist provides frequent examinations of the teeth of the children, which we commend, we found that no medical service is provided for examination of the eyes of these children, and since many of them have impaired vision, it is possible that proper eye treatment might improve their vision. At least the effort should be made.
Respectfully submitted,
For the Senate: ]. J. Baggett, Dr. W. H. Wall.
For the House: Charlie Gowen, Wayne Hinson, Robert E. Cheshire.
AMENDMENT TO REPORT ON THE STATE P'RISON,
REIDSVILLE, GEORGIA
The committee voted to reduce the amount to $900,000.
To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR OF GEORGIA, THE HON. FRANK GROSS, PRESIDENT OF THE SENATE, THE HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
Gentlemen:
Your joint committee on institutions has visited the Georgia State Prison at Reidsville, and we are pleased to submit the following report:

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We found the prison to be in excellent physical condition and well operated. We found no evidence of mistreatment of the prisoners, either male or female, white or Negro, but on the other hand we did not find that the prisoners were being coddled or pampered.
The men's prison is being used at the present time principally as a hospital and as a place to keep incorrigible prisoners. All of the convicts who are physically incapacitated are being sent from the county work camps to the prison at Reidsville and the vicious and incorrigible prisoners are not wanted in the county camps and they are also transferred here. This situation makes the administration of the prison difficult, but in our judgment Warden Aderhold and his aides are doing their best to keep each prisoner busy at tasks within his physical capability, and we think all of the inmates are being treated sternly but justly.
Under the present system it is difficult to comply with the requirement of the law making the segregation of first offenders and juvenile prisoners mandatory, since they must all be confined in the same building. During the last session of the Legislature, a bill was introduced seeking to have all juvenile convicts sent to the Training School for Boys. This bill was not passed and, in the opinion of our committee, it should not be enacted into law, because the Training School for Boys should remain a training and educational institution and not be made into a reformatory or prison. On the other hand, these first offenders and youthful convicts should not be kept with the vicious, the depraved, and the incorrigible. The only remedy is a separate institution designed to care for this ever-increasing class of prison population.
At the present women's prison it is likewise impractical to segregate first offenders from hardened criminals. Under an act of the General Assembly the Director of Corrections is instructed to remove the women inmates from proximity to the men's prison. Thus, in order to comply with the law, a new female prison must be constructed, preferably in the central portion of the state. This prison should include a separate unit for the complete segregation of youthful and first term offenders.
The present law also requires the establishment of central receiving stations for prisoners committed to the penitentiary. This has not been done, but we recommend that the statute be complied with and at least three such centers built as soon as possible.
The present law also requires a program of rehabilitation to be instituted at the prison to include industrial, mechanical, and vocational training. We are glad to report that Director F. M. Hammack has had one ring of the prison remodeled for the purpose of. instituting this program, but has been unable to commence it because of the inability to secure proper instructors. We were assured that the program would begin as early as possible.
No great progress has yet been made in developing prison industries for the manufacture of equipment and supplies for the state. With the exception of the tag factor, the program is confined to providing food and supplies for the prison and its inmates. The difficulty in securing equipment has undoubtedly contributed to this delay, as has also the classes of prisoners now being cared for at Tattnall.

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While much has been accomplished toward giving Georgia a decent prison system, much still remains to be done, and in order to comply with the present statutes governing our penal system and to insure the rehabilitation of those criminals who can be reclaimed, and to keep the others from preying upon society, we recommend that in the postwar building program the sum of $1,463,500.00 be allocated to the Department of Corrections to be used by it to provide the following:
1. Three reception centers or receiving stations to be centrally located in South, Middle, and North Georgia, where prisoners may be classified and assigned. This will reduce the expense of transportation and make it possible for the department to learn the background, physical condition, mental capacity, emotional make-up, and other factors which should be considered in assigning prisoners.
2. A modern female institution to be designed to confine 500 inmates. This institution should be located away from any existing unit used for male prisoners. There should be constructed in connection with it, upon a separate part of the property as far away as possible from the main institution, a unit for the segregation of juvenile and first offenders.
3. The construction of a separate unit for handling juvenile and first offenders. This might be termed a training school or a vocational reformatory, and should be equipped to handle at least 1,000 inmates. We suggest that this be located away from the state prison, and upon its completion the law requiring segregation of first offenders and youthful offenders be strictly enforced.
4. An institution in which to confine incorrigibles and hardened criminals. While this group of the prison population is fortunately quite small, they are the ones that instigate prison revolts and prison murders. There is little chance of rehabilitating this type of prisoner, and because of his mental attitude, he should be housed in an institution of the maximum security type. In fact, if anything is to be accomplished in rehabilitation work, it is essential that this type of prisoner be kept separate from those who may be capable of returning to a useful place in society. Such an institution should provide for the incarceration of 250 inmates and should be constructed either on a remote part of the present prison farm or preferably at another location.
5. Improvements needed at th~ Georgia State Prison should include a quick-
freezing and cold-storage plant, additional warehouse facilities, a modern power house and light plant, and training quarters for personnel and custodial officers. The present female prison should be reconverted into a place for detention of juvenile repeaters.
We do not recommend the construction of a hospital at the State Prison for the care of the criminally insane or tubercular criminals. Our reason for this is that plans have been prepared by the State Welfare Department for the construction of a building to house the criminally insane at the State Hospital at Milledgeville, on which construction will begin immediately. We are also recommending, in another report, the construction of a separate unit at or near Alto where tubercular convicts may be treated. This will make it possible for specialists to have an opportunity to observe the tubercular and insane prisoners and supervise their treatment. A modern

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power house and light plant is necessary at the prison. A constant and reliable. supply of electricity for lighting is most essential to prevent prison disorder and attempt at escape.
6. New buildings which we recommend for the State Prison Farm include a central granary, tankage plant, two calf barns, another cattle barn, two mule barns, and additional wells. We also recommend the prompt repair of existing tenant houses now located on the farm. Most of the labor for this work can be secured from prisoners, and for this reason we have concluded that the cost to the state for these improvements on the farm will not exceed $40,000.00.
In conclusion, we desire to compliment the State Department of Corrections and its director and the personnel of the Department for the excellent work that they are doing and for all that they have accomplished so far toward elevating the penal system of our state.
Respectfully submitted,
For the Senate: W. B. Freeman, Dr. W. H. Wall, J. J. Baggett.
For the House: Charlie Gowen, Chairman, Wayne Hinson, Robert E. Cheshire,
September 26, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
Your committee has made its official visit to the State Sanatorium at Alto, Georgia, and wishes to submit the following report and recommendations:
The committee was very favorably impressed with the progress and apparent improvements that have been made under Dr. Rufus Payne at the institution, and with his very comprehensive plan for future development. Like most of our institutions, we find that Alto is badly understaffed with reference to physicians, nurses, and personnel, and every effort is being made at this time to improve this situation as help becomes available.
The Masonic Childrens' Building is now being used to house nurses and hospital personnel and we recommend that this building be converted into a receiving and surgical building, and that a new nurses' home be erected on the grounds of the institution.
We recommend the construction of eight cottages for staff and personnel, and that extensive alterations and improvements be made in the main building. The cost of the above is estimated at $205,000.

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455

The Negro patients are at present housed in frame cottages with a large coal stove in the middle of each to provide the only heating facilities in the cottage. These cottages are delapidated fire traps and are not suited in any way for the treatment of tubercular patients. We recommend that a complete new tubercular hospital be constructed in Central or South Georgia to take care of all colored patients, thereby removing all colored patients from Alto. It is estimated that this complete new unit will cost approximately $750,000. It is highly probable that in the future it will be necessary to construct another white unit of the approximate size of Alto. When and if this situation arises, the committee recommends that such unit be constructed at the same place as the Negro unit.
We recommend that a tract of land consisting of approximately 40 acres adjacent to and immediately north of the state property at Alto be acquired by the Sanatorium for the purpose of erecting cottages for staff and personnel heretofore mentioned.
Respectfully submitted,
For the Senate:
W. B. Freeman, Co-Chairman, Dr. W. H. Wall,
J. J. Baggett.
For the House: Charlie Gowen, Chairman, Wayne Hinson, Robert E. Cheshire.
Atlanta, Georgia, June 15, 1945.
PRELIMINARY REPORT FOR PRESS RELEASE ON SENATE AND HOUSE INVESTIGATING COMMITTEE'S VISIT TO STATE SANATORIUM AT ALTO ON JUNE 11, 1945
The committee was very favorably impressed with the progress and apparent improvements that are being made under Dr. Rufus Payne at the State Sanatorium at Alto, and with his very comprehensive plan for future development. There is much to be done in the way of securing adequate staff and personnel. Effort is now being made to secure the services of a number of physicians, trained nurses, and hospital personnel to bring the institution up to its maximum operating efficiency.
The committee will recommend that $205,000 be made available to the institution as soon as possible, to bring the institution up to its maximum capacity and efficiency. These improvements will include converting of the Masonic Children's Building, which is now being used to house nurses and hospital personnel, into a receiving and surgical building; the construction of a modern nurses' home; the construction of eight cottages for staff and personnel; and extensive alterations and improvements of the main buildings.

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The cottages now being used for the treatment of colored patients are antiquated, inadequate, and firetraps and should be abandoned at the earliest possible moment. The committee will recommend that the colored patients at Alto be removed to a more central location in the state and that an entire new plant be constructed for this purpose.
No figures are available at this time on the cost of this construction.
Atlanta, Georgia, June 29, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
NORTH GEORGIA VOCATIONAL SCHOOL
Your committee has completed its inspection of the North Georgia Vocational School, located at Clarkesville, Georgia. We were greatly impressed by the progress that has been made at this institution during its sixteen months of operation, also by the type of training offered in this trade school. This institution was taken over, remodeled to a certain extent, and operated by one of the NYA projects, and during that time more than $250,000 worth of equipment was installed here. Upon termination of that project the entire plant and equipment was turned over to Habersham county with the proviso that it be operated as a trade school. Habersham county in turn transferred the property to the State of Georgia with the same proviso.
During the sixteen months of operation by the state as a vocational and trade school 669 students have been enrolled, 334 have completed their training and have been placed in employment, 131 being in training at this time. Of this number 31 have been returning veterans, and 21 of these have completed their training and placed in industrial employment. This institution is accredited by the Veterans Administration and the Federal Government participates in the training program with funds which are matched by the State of Georgia.
Your committee envisions a tremendous demand for this type of training program upon the termination of the war. The program will have to be greatly expanded and similar institutions set up in other parts of the state. We feel that at the present time the North Georgia School program should be carried through to completion before the establishment of any others. A large percentage of the students enrolled here are physically handicapped and are being rehabilitated as useful wageearning citizens through the training received here.
There is operated in connection with the institution a fine farm, which provides the institution with much of its foodstuffs, and was operated in such a manner as to show a good profit during its first year of operation. Realizing the importance that an institution of this kind will play in the industrial development of this section in the postwar period, your committee recommends that a sum of $485,000 be allocated to the North Georgia Vocational School in any postwar building program for the following purposes:

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1. Administration building, to include offices, auditorium, library, classrooms, and gymnasium.
2. New shop building.
3. New dormitory (75 rooms) for female students, thus making the training facilities available to both sexes.
4. Sewage disposal system.
5. Central heating plant.
6. Improvements to farm buildings and other farm facilities.
7. Addition to warehouse.
8. Infirmary ( 1,800 square feet), the present infirmary rooms being transformed into student quarters.
9. Addition of three thousand square feet of floor space, the main shop building to afford ample facilities for an auto mechanics department.
10. Continiue present program of remodeling and improving and conversion of existing buildings.
Respectfully submitted,
On the Part of the Senate: William Freeman, Co-Chairman, Wallace Harrell.
On the Part of the House: Robert M. Cheshire, Wayne Hinson, Ben Fortson, Jr., Jim Evitt, Charles Gowen, Chairman.
Atlanta, Georgia, June 16, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
REPORT ON NORTH GEORGIA COLLEGE,
DAHWNEGA, GEORGIA
Your committee has completed its inspection of the North Georgia College, located at Dahlonega. We find here a unique unit of the Univeristy System which, next to the University itself, is the oldest institution in the University System and the only military college operated by the state. Due to the outstanding work being done at North Georgia College, which has resulted in its consistent growth, we find this

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institution operating under tremendous difficulties. In 1933 the enrollment of this school was 239, and showed a steady growth until, in 1941, the enrollment was 679, with 150 applications denied due to lack of facilities. The enrollment during the last fiscal year was 1,093.

This is a junior college in the University System, but unlike our other junior colleges it does not confine itself to a local area. The students enrolled here come from 125 to 135 counties in the state, there being no students accepted from without the state.

North Georgia College is one of eight military colleges in the entire United States that are classed as essentially military by the War Department, the others being Norwich University (Vermont), Pennsylvania Military College, Virginia Polytechnic Institute, Virginia Military Institute, Clemson, The Citadel, and Texas A. & M.

North Georgia College also has the distinction of being the only junior college in America that was awarded a government contract for basic engineering course.

We find the entire facilities of this institution taxed far beyond capacity. This includes classrooms, laboratories, dormitories, dining halls, and auditorium. Of the 1,093 students enrolled at the college last year they have campus accommodations for only 374. The off-campus accommodations are most undesirable, and it has been necessary for the college to buy a number of houses in which to house the faculty and students. We were greatly impressed by the fine work that is being done at North Georgia College by President Rogers and the members of his faculty. We are of the opinion that with adequate facilities provided for this institution it will take its rightful place among the outstanding junior colleges of the nation. We therefore recommend that the sum of $1,485,000.00 be 'made available to this institution in any postwar building program undertaken by the State of Georgia, improvements to include gymnasium-drill hall, science hall, dormitory for 150 girls, barracks for 300 cadets, students union-music, engineering shop, military building (classrooms, armory, 1nd offices), horne economics house, apartiJient or homes for faculty, reshaping and landscaping campus, central heating plant, machinery and testing apparatus for engineering and semi-professional courses, instruments and equipment for wood, metal, and welding shops, extension to dining hall and kitchen, inclining of auditorium floor and balcony and extensive renovation, alteration and repair of existing buildings, the cost of which is included in the estimate.

~espectfully submitted,

On thr Part of the House:

On the Part of the Senate:

Charles L. Gowen, Chairman, Wayne Hinson, Ben Fortson, Jr., Bob Cheshire.

William Freeman, Co-Chairman, Wallace Harrell. J. J. Baggett, Dr. W. H. Wall.

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HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR OF GEORGIA, THE HON FRANK GROSS, PRESIDENT OF THE SENATE, THE HON. ROY V. HARRIS, SPEAKER OF THE HOUSE.
Gentlemen:
Your committee has completed its investigation and inspection of the University of Georgia at Athens, and we beg to submit the following report:
The Uni-versity of Georgia is the keystone of our system of higher education. For many years it consisted only of the liberal arts college and a course in law. In 1872, when it became the recipient of funds made available by the United States Government, its work was broadened to include instructions in agriculture and the mechanical arts. Later schools of forestry educatinn, business administration, journalism, home economics, and a graduate school have been added, so that we now have an institution of higher education that should be well qualified and equipped to give higher education to all of the branches except those which are offered by the Georgia School of Technology in Atlanta.
As the field of the University of Georgia has broadened, its student body has rapidly increased and it now seems certain that within the next year or so it will have a student body of at least five thousand, which will make it one of the larger universities of the South.
If the State of Georgia intends to discharge its obligations to its youth, to provide higher educational advantages that are on a par with her sister Southern States, it must construct a physical plant capable of taking care of this expansion. If the state does not do this, we recommend that steps be taken to limit and curtail the enrollment of the University o a maximum of three thousand, which will mean that two thousand Georgia boys and girls will be denied the educational ;dvantages they seek at home and must of necessity go to other institutions at greater expense because of the lack of support from public funds.
Believing that the people of Georgia desire to give to its youth educational opportunities equal to those enjoyed by the young men and women of other Southern States, we recommend that there be included in our building program for the University of Georgia the sum of $4,550,000. This sum will provide a new library, a chemistry building, a physics building, a classroom for girls, an administration building, a dining hall and student union, a plant science building, an animal science building, an agricultural engineering building, a horticulture ad botanical laboratory, two new dormitories for girls on the South Campus and two new dormitories for boys on the North Campus, and a central heating plant for the North Campus.
If the General Assembly at its meeting in January will permit the Board of Regents to issue revenue certificates for self-liquidating projects, at least $1,400,000 of the foregoing can be financed in this manner, which leaves only $3,150,000 to be financed by t,he general state postwar building program. We are informed that many other college dormitory student union dining halls and similar service facilities are financed by the revenue certificate plan, under whose incomes from the improvements are used to retire its costs.

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The State of Georgia in 1785, when it granted charter of the University, acknowledged its obligation to make higher education available to its citizens. The members of this committee believe that a college education should be available to those who desire it and who are capable of making use of it, and we believe this building program, together with an appropriation that will at least pay the salaries of the instructors, will make it possible for Georgia to achieve this goal.
We desire to express on behalf of the people of Georgia to President Caldwell and his faculty thanks for their splendid accomplishments. Their love for the University keeps them working for meager salaries with antiquated equipment. Such devotion to the great cause of education must be rewarded.
Respectfully submitted,
For the Senate: William Freeman, Wallace Harrell, J. ]. Baggett.
For the House:
Charles Gowen, Wayne Hinson, Ben Fortson, Jr., Bob Cheshire.
AMENDMENT TO REPORT ON GEORGIA STATE COLLEGE FOR WOMEN
MILLEDGEVILLE, GEORGIA
The committee voted to deduct $1,150,000 for certain buildings that can be financed by revenue certificate.
Atlanta, Georgia, September 15, 1945.
To:
HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. ROY HARRIS, SPEAKER OF THE HOUSE, HON. FRANK GROSS, PRESIDENT OF THE SENATE.
Your committee has completed its survey of the G'!orgia State College for Women in Milledgeville, and found one of the most crowded and congested conditions in the University System of Georgia.
The first need of the college is for land. Practically all of the college buildings are located on a sixteen-acre square in the center of the town, with no space for expansion, and with little space for the students to use in their recreation.
We recommend that the request which the college has made for the sum of $75,000 with which to purchase needed land adjoining the campus be made available at once.

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The Georgia State College for Women has a regular enrollment of 1,200 students now, and it should provide for an expanded program in faculty and buildings to care for 2,000 students.
A five-year building program should include the following items, listed in the order of need:

COMPLETION OF PEABODY HIGH SCHOOL BUILDING
We recommend that funds in the amount of $175,000 be made available to construct and complete the high school building to meet the necessities of an expanding teacher education program in the college, and to care for the increased number of students. It is evident that the present building is inadequate. Also it is desirable to have the laboratory school and buildings away from the midst of college classrooms, as it is at present.

DORMITORY FOR 250 STUDENTS
We recommend that funds in the amount of $475,000 be made available to construct a dormitory to house 250 students. This institution has had a very crowded condition in the living quarters. This is not conducive to proper living conditions nor does it conform to the best of educational principles.

SCIENCE BUILDING
We recommend an appropriation of $350,000 to construct a fireproof building to house all the sciences. The quarters now being used for this purpose are entirely inadequate. In view of the expanding science program and the constant fire hazard in the present setup, this building is vital to the proper operation of the college.

STUDENT-FACULTY DORMITORY
We recommend that funds in the amount of $275,000 be made available to construct a student-faculty residence hall to house 150 students and members of the faculty. Housing space is very limited and steps must be taken immediately to alleviate this. situation.

FIREPROOF AND REPLAN ATKINSON HALL W~ recommend that funds in the amount of $150,000 be made available as soon as possible to rework Atkinson Hall. This building was the initial one on the campus and is more than fifty years old. Its location makes it a potential fire hazard at all times, and doubly so since the main food service is in this unit. We recommend that this building be renovated and replanned for use as a student activity building.
HOME MANAGEMENT HOUSES
We recommend that funds in the amount of $40,000 be made available to construct two home management houses. These buildings will be used in the instruction

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of home economics. This department is one of the largest in the college and trains a large proportion of the home economics teachers in the state. In order for the college to better prepare the teachers in this field, it is necessary to construct one home management house immediately for small town and city living conditions and one home management house in which to teach rural problems and rural living. At present this college is renting two houses for this purpose, but they are entirely inadequate.

NURSERY SCHOOL
We recommend that a fund in the amount of $25,000 be made available to construct a nursery school on the campus of the college which is necessary to comply with the demands for training nursery school teachers and supervisors in the state. Due to the growth of nursery school movement in Georgia, this has become a necessity. We find that this institution has trained as many or more teachers, workers, and supervisors than any other institution.

ADDITION TO COLLEGE LIBRARY
We recommend that a fund in the amount of $100,000 be made available immediately to construct an annex to the existing college library to care for its present needs. The present building was constructed and furnished facilities for 700-800 students. The college now has 1,200 students. This building must be done to care for the present student body and the normal anticipated expansion in the near future.

RENOVATION CHAPEL HALL
We recommend that a fund in the amount of $25,000 be made available to renovate Chappell Hall. This building houses the entire home economics department, which is one of the largest in the college. An inspection shows that the interior needs to be reworked to improve the safety and to be modernized to meet modern needs. No improvements have been made in some time.

COLLEGE INFIRMARY
We recommend that a fund in the amount of $50,000 be made available at the earliest possible time to construct an addition to the existing infirmary on the college campus. This addition will be necessary to house the expanding health program. It is a normal anticipation that a permanent nursing program, as well as training for technicians, will become necessary part of work in the college very soon.

FIREPROOF AND RENOVATE TERREL HALL AND ANNEX
We recoihmend that a fund in the amount of $250,000 be made available to fireproof and renovate the buildings, which are constructed of wood except for the outside walls. We recommend an entirely new electrical system within these buildings by modernized wirings with general fireproofing. The potention existing hazards must be removed.

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FIREPROOF AND RENOVATE BELL HALL AND ANNEX
We rec.ommend that a fund in the amount of $190,000 be made available to fireproof and renovate the buildings which are constructed of wood except for the outside walls. We recommend an entirely new electrical system within these buildings by modernized wirings with general fireproofing. The potential existing hazards must be removed.

ENNIS HALL RENOVATION
We recommend that a fund in the amount of $100,000 be made available to modernize and change this five-story building to comply with safety rules and to provide necessary living conditions.

PARKS HALL REPAIRS
We recommend that a fund in the amount of $35,000 be made available immediately to install fireproof stair wells and new wiring throughout this building. More people use this building than any other on the campus, as it houses the administration as well as classrooms and student union.

DORMITORY FOR 200 STUDENTS
We recommend that a fund in the amount of $400,000 be made available for construction of a fireproof and modern dormitory to alleviate the present conditions and care for the normal expectancy enrollment of 2,000 students.

DINING HALL
We recommend that a fund in the amount of $200,000 be made available for construction of the new, modern and fireproof dining hall, and, in addition, to provide food service for 1,000 students. This will be necessary to provide proper food service in an expansion program of the college.
ADMINISTRATIVE AND BUSINESS ADMINISTRATION BUILDING
We recmmend that a fund in the amount of $250,000 be made available for construction of a new, modern and fireproof building to house the administration of the college and the department of business administration. The present administration building is not fireproof, nor is there sufficient vault space to care for necessary and important records of the students and other business operations. This should be 'done as soon as possible. This building will house all related administrative offices which will make for more efficient operations.
FACULTY HOUSES AND LAND
We recommend that a fund in the amount of $50,000 be made available for the acquisition of land for the construction of modern homes or apartments for use by the college faculty and employees. This is to alleviate crowded conditions and to provide more normal living conditions for the faculty.

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CHANGES IN ELECTRICITY LINES
We recommend that a fund in the amount of $10,000 be made available immediately to remove the overhead electric lines and place them underground. This is necessary because of the potential hazard of high-tensioned lines over the recreational fields and the various grounds on campus leading to classrooms and the library.
The committee found many buildings in need of fireproofing, extra stairways, elevators, etc.
The committee would like to commend the college in the following ways: President Guy Wells for his aggressive and far-sighted conception of modern educational methods, his excellent teacher training program and general leadership of this splendid school for Georgia's young women. We wish also to commend Mr. J, H. Dewberry for his very efficient business administration of the college, and other members of the administrative staff and faculty for their loyal and keen interest in the advancement of this institution.
On the Part of the Senate: Wallace Harrell, Dr. W. H. Wall.
On the Part of the House: Charlie Gowen, Chairman, Wayne Hinson, James Evitt, Jr., Ben Fortson, Jr., Bob Cheshire.

AMENDMENT TO REPORT ON TRAINING SCHOOL FOR BOYS
MILLEDGEVILLE, GEORGIA
It is the opinion of the committee upon further consideration of the Boys' Training School report that the item of $1,250,000 designated for the construction of a new unit in another part of the state be deferred at this time and same not incorporated in our final report.
Atlanta, Georgia, August 4, 945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. ROY HARRIS, SPEAKER OF THE HOUSE, HON. FRANK GROSS, PRESIDENT OF THE SENATE.
Your committee has completed its inspection of the Training School for Boys, located at Milledgeville, Georgia, and desires to make the following observations and recommendations:
We find here the most modern, best equipped of all the state institutions. Under the able direction of Mr. W. H. Ireland it has come to be recognized as a modern institution of its kind throughout the United States. This plant is located on a 750-

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acre tract of land approximataely two and one-half miles west of Milledgeville. The building program was instituted in 1938 and completed with all installations during the latter part of 1940, with the result that everything now existing at the institution is modern, attractive, and in good repair. The land on which this institution is located was only a few years ago badly eroded hill lands with practically no topsoil left, and considered worthless. Under the direction of Mr. Ireland this land has been transformed into a veritable forest of pine lands. The reforestation program covered several hundred acres and using several million seedlings.
We find that the average time that a student remains in the school is twelve and one-half to thirteen months, this short period of instruction being brought about by the fact that boys must be discharged prematurely in order to make way for other boys who have been committed to the institution, and in many cases held in jails awaiting their admission to the school. In our opinion, facilities of the school should be expanded to increase this period of instruction to a minimum of eighteen months. We find that the boys are housed in clean, comfortable dormitories of thirty each under the constant supervision of a house mother, who in practically all cases are wives of the instructors, and they are housed in the same building with the boys. We recommend that the following improvements be made at the Training School for Boys in any postwar building program undertaken by the state of Georgia:

WHITE UNIT
Two new dormitories of 30 beds each. Recreation building with necessary equipment. Swimming pool. Apartment building for personnel. Five cottages for employees.

COLORED UNIT
Apartment building for personnel. Auditorium and recreation building combined. Vocational building and equipment.

GENERAL IMPROVEMENTS
Dairy building and mule barns. Expansion of water and sewage system. Additional fire protection. Irrigation system for nursery and truck farm. Ice plant and quick-freezing unit.
TOTAL--$600,000.00.
The above recommendations are made on the basis of present-day needs. It is highly probable that with a continued increase in juvenile delinquency that in the postwar years a plant of similar capacity will be required to educate and rehabilitate the boys in our state. "When and if this condition arises, it is the opinion of the

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committee that such a unit should be located in another part of the state and designed to treat with juveniles in the lower age brackets. It is the concensus of opinion that when a institution of this kind grows beyond a capacity of 350 that there is a tendency to lessen the amount of personal care and instruction of the inmates. The school at present has no earmarks of the reformatory, but it is conducted on the plan of a high type boys' educational and vocational school, and we highly commend those in authority for the splendid job that is being done at this institution.
On the Part of the Senate: W. H. Freeman, Co-Chairman, Wallace Harrell.
Respectfully submitted,
On the Part of the House: Wayne Hinson, James Evitt, Jr., Ben Fortson, Jr., Bob Cheshire.

Atlanta, Georgia, September 19, 1945. To: HIS EXCELLENCY, ELLIS ARNALL, GOVERNOR, HON. FRANK GROSS, PRESIDENT OF THE SENATE, HON. ROY HARRIS, SPEAKER OF THE HOUSE.
Your committee has completed its survey of the Milledgeville State Hospital and submits the following recommendations:
The most pressing need at this institution at the present time is a new laundry and equipment. They have practically completed a new building from old brick from other buildings demolished. It is estimated it will take $175,000 to complete and equip this laundry, which will enable every patient and attendant to have five pounds of laundry daily. This laundry will furnish laundry for a hospital having 8,500 patients and approximately 1,000 attendants.
Another pressing item is the need of metal beds, springs, mattresses, tables, rocking chairs, dishwashing machines, and other equipment to furnish the new buildings and equip the old buildings where they will be more modern. It is estimated that it will require $350,000 for this equipment. The hospital is now using over 3,000 wooden beds that have been in use forty to fifty years, and it is practically impossible in the crowded conditions to keep the beds free of insects.
Another item the hospital is in need of is medical laboratory and dental equipment. The dental laboratory is being doubled in capacity, and a new laboratory is being built in the hospital, and the X-ray department is being enlarged so that all patients may be properly X-rayed from time to time. To purchase and install this equipment will require approximately $100,000.

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The hospital now has a small auditorium located in the female convalescent building, which increases the fire hazard to this building. An auditorium should be constructed to accommodate most of the patients. It is estimated that $275,000 will construct a new auditorium. We recommend that this auditorium be constructed at the earliest possible moment in order to remove the fire hazard as much as possible from the female convalescent building.
The hospital is badly in need of additional medical and lay staff. The appropriation is not now sufficient to enable the superintendent to properly staff the hospital. We recommend that an additional appropriation of $350,000 a year be provided for the needed increased personnel.
The hospital has established a library for the medical and nursing staff. They are badly in need of technical and textbooks so that the nursing school and medical staff may keep properly informed. We recommend that $10,000 be provided to buy the books to equip this library.
This hospital is in need of a new bakery and equipment. It would probably take some time to get the equipment for a bakery, and the building can be built from old brick from the condemned buildings. We recommend that $115,000 be made available for building and equipping a new bakery.
The hospital is unable to produce the amount of milk that should be consumed by the patients. They have ample pasture lands and dairy facilities, having just completed a new dairy barn. Milk is an essential diet for sick people, and we recommend that $50,000 be provided to expand the dairy herd.
The administrative building, known as the Center Building or Powell Building, contains the administrative offices and six female wards. The floors of this building should be fireproof and a sprinkler system installed and recreation porches added to the wards. We recommend that $125,000 be provided to make these necessary improvements. This building is a fire hazard due to its construction.
It is practically impossible to increase the staff of the hospital any further because of lack of residences for the medical staff. The committee recommends that twenty residences be built for the medical staff and that twenty residences be built for the administrative staff. It is estimated you can build these forty residences for $240,000, which will materially aid the hospital in receiving a better type of personnel.
Your committee recommends.that the female convalescent building be demolished and a new modern fireproof building be constructed as quickly as revenue can be found. This building has as high as sixty female patients to a ward on the fourth floor with only one toilet facility to the ward. This building has wooden floors and wooden lath plastered walls, and should a fire break out it would be impossible to empty the building. This is one of the oldest buildings at the hospital and is beyond repair. It is estimated that a new fireproof female convalescent building can be constructed for $350,000, which would take care of the patients now housed in this building.
There are four female detached buildings, some of which are two stories high.

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These buildings are of frame structure and it is difficult to maintain them in a sanitary condition due to their age and construction. It is recommended that these buildings be abondoned and a new building constructed to house these patients at a cost of $250,000.
The twin buildings, known as the Whittle and Cabiness Buildings, should be demolished. It is impossible to remodel these buildings and make them suitable for hospital buildings. We recommend that these buildings be abandoned and two new buildings be constructed at a cost of $500,000.
They have a colony of Negro patients at the farm, about six miles from the main hospital, where they house approximately 300 patients who work the farm. They are housed in wooden buildings and all facilities are in terrible condition, being of frame construction, and some of the buildings are over fifty years old. The joists are rotten and it is impossible to make any repairs. We recommend that these buildings be demolished and that three new dormitories, a dining hall, and kitchen be constructed at the farm at a cost of $275,000. These buildings should house all the Negro patients remaining at the Milledgeville State Hospital, with the exception of one new Negro building at the main hospital, which will house the patients keeping up the grounds, working at the abattoir, hauling coal, and performing other duties around the institution. We recommend that all other Negro buildings be abandoned and demolished and that a complete new Negro institution be constructed somewhere in South Georgia nearer the center of the Negro population, where good farm land can be obtained so that the Negro patients can produce foodstuffs for the institution. In one state we visited, the Negro institution produced a net of $150,000 worth of foodstuffs last year, and this would materially aid the institution. It is estimated that a complete modern institution fully equipped would cost $3,500,000. The present Negro buildings are in worse shape that any buildings at the institution, and are beyond repair. It would be a waste of money to try to repair the buildings, and your committee feels they should be abandoned as early as possible.
By constructing a new unit for Negroes in South Georgia it would reduce the population at Milledgeville to approximately 5,000 patients and the superintendent would be able to secure a much higher type of personnel from the limited amount of man and woman power available at Milledgeville. By removing the Negro unit to South Georgia the employee situation at Milledgeville would be solved. They now need approximately 400 additional attendants if the entire institution is to remain at Milledgeville.
The nurses' home is a good structure except the interior, which has wooden floors, wooden walls and wood stairways. The bathing facilities are poor, and the building should be remodeled to become a fireproof and modern building, and bathing facilities should be installed. It is difficult for the institution to get student nurses because of living conditions in this building. We recommend that $150,000 be provided to remodel, fireproof, and modernize the nurses' home.
The above recommendations of the committee will entail an expenditnre of $6,815,000, and would give Georgia one of the outstanding, if not the outst; 1ding, institution of its kind in the South.

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Your committee visited the mental institutions in adjoining states and found the new buildings and the hospital at Milledgeville are equal, if not better than buildings found at institutions in neighboring states.
We wish to commend Judge A. J. Hartley, director of the Department of Public Welfare, and Dr. Y. H. Yarbrough, superintendent of the hospital, and his staff for the excellent job they have done at Milledgeville State Hospital with the facilities and means they have at their command, especially during the past few years under war conditions, when it was impossible to secure competent help at the wages prevailing under appropriations made available, and the scarcity of foodstuffs and materials, of which every citizen is familiar.
Respectfully submitted,
On the Part of the Senate: W. B. Freeman, Co-Chairman, J. J. Baggett.
On the Part of the House: Charles L. Gowen, Chairman, Ben Fortson, Jr., David Arnold, Bob Cheshire, Wayne Hinson, Jim Evitt, Jr.

The following message was received from the Senate through Mrs. 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 766. By Mr. Smith of. Bryan:
A bill to be entitled an act to authorize each local school district in Bryan county to issue bonds for schools; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the Senate to wit:
SR 67. By Senators Freeman of the 22nd and Harrell of the 7th:
A resolution directing the secretary of the Senate and the clerk of the House to include as an appendix to the journal of the Senate and the journal of the House the reports of the Senate-House Committee on Institutions.

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The following message was received from the Senate through Mrs. 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 644. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House to wit:
HR 169. By Messrs. Cheshire of Colquitt, and Connell of Lowndes:
A resolution proposing an amendment to the Constitut.jon creating a Constitutional State Board of Public Welfare; and for other purposes.

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

HR 66. By Mr. McCracken uf Jefferson:
Aresolution to provide for the payment of a note to Riches, Piver Company and compromise the same; said note executed by the Board of Entomology of the State of Georgia.

HR 175. By Messrs. Gowen and Gilbert of Glynn:
A resolution to establish beyond doubt or uncertainty the name of the inlet or tidal estuary of the Georgia coast traditionally known as Goulds Inlet.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:

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471

The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:
HB 668. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act establishing the Civil Court of Fulton county by providing a uniform cost bill; and for other purposes.

The following bills and resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
HR 151. By Messrs. Gowen and Gilbert of Glynn:
A resolution authorizing the governor to execute a deed to certain lands in Glynn county to Boys' Estate, Incorporated, to be used for a home for under-privileged boys; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Public Property amends HR 151 by adding the word "charitable" immediately before the word "home" wherever the word "home" appears in the "therefore" clause of said resolution.
Mr. Gowen of Glynn moved that the House agree to the Senate amendment to HR 151.
On the motion to agree to the Senate amendment to HR 151 the ayes were 114, the nays 0, and the Senate amendment was agreed to.

HB 766. By Mr. Smith of Bryan:
A bill to be entitled an act to authorize all county boards of education in counties in the State of Georgia having a population of not less than 6,200 and not more than 6,500 to call an election for a bond issue in any given local school district in said counties; and for other purposes.
The following amendment was read:
Senator Gross of the 1st moved to amend HB 766 by adding after the figures "1940" and before the word "to" in the fourth line of the caption the following: "Or any future census"; and by further amending said bill by adding after the figures "6,500" in the fourth line of Section 1 the following: "Having a population according to the United States Census of 1940, and any future census.
Mr. Smith of Bryan moved that the House agree to the Senate amendment to HB 766.
On the motion to agree to the Senate amendment to HB 766, the ayes were 109, the nays 0, and the Senate amendment was agreed to.
HB 654. By Messrs. Hinson of Ware, Gowen of Glynn, Arnold of Spalding and others:

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A bill to be entitled an act to fix the pay for members of the State Highway P'atrol; and for other purposes.
The following amendment was read:
The Committee on State of Republic moved to amend HB 654 by adding at the end of Section 2 the following:
"the provisions of this section, granting an increase in salary of $25.00 per month, shall also apply to the members of the Georgia Bureau of Investigation."
Mr. Hinson of Ware moved that the House agree to the Senate amendment to HB 654.
On the motion to agree to the Senate amendment to HB 654 the ayes were Ill, the nays 0, and the Senate amendment was agreed to.

HB 166. By Messrs. Oakley of Barrow, Campbell of Newton, Almand of Walton, Holbrook of Forsyth, and Gammage of Sumter:
A bill to be entitled an act to provide the state shall pay to clerks of the superior courts $1.00 for each recording of enlistment and discharged records of members of the armed forces; and for other purposes.
The following Senate substitute was read:
Substitute to HB 166. By Senator Holsenbeck of the 27th:
An act to provide for compensation and the method of payment thereof to the clerks of the superior courts of the State of Georgia for recording the enlistment records and discharges of any and all persons serving in the armed forces of the United States during the present war, generally called World War Number Two; 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 for their services in recording the enlistment records and discharges of all persons serving in the armed forces of the United States in the present war, known as World War Number Two, the clerks of the superior courts of the state and the several counties thereof, whose compensation is on a fee basis, shall be paid for each such recording the sum of fifty cents ( 50c), said sum to be paid by the county authorities in charge of the fiscal affairs of said county.
Section 2. Be it further enacted by the authority aforesaid that at the end of each quarter the clerk of the superior court of each county in the state whose compensation is on a fee basis shall make out an itemized list of such recordings, giving the name of the service man and the date of the record and his serial number, which list shall be sworn to by the clerk of the superior court of said county, and, also, statement shall be turned over to the county authority in charge of fiscal affairs, who shall issue or cause to be issued the proper voucher payable to the clerk of the superior court for such recording fees.

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Section 3. Be it further enacted that no payment of any kind shall be made to a clerk of the superior court in any county where the clerk is on a salary basis.
Be is further enacted that all laws and parts of laws in conflict with this act be, and the same hereby are, repealed.
By unanimous consent further action on this bill was postponed.

HB 644. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
The following amendment was read:
Senator Millican of the 52nd moved to amend HB 644 by adding the following sections thereto:
Section 2. Members of the police department shall be retired upon reaching the age of sixty-five (65) years. Thereafter such members shall not be protected by any provision of the civil service law relating to policemen.
This provision shall become effective December 31, 1947.
Section 3. Section 16-101, Code, City of Atlanta, 1942, is amended to read as follows:
"The mayor and general council shall have the power and authority to grant to Rich's, Inc., the right to erect an overhead passageway across Forsyth Street, between Alabama and Hunter Streets, upon such terms and conditions as they may fix, so long as the structure will not interfere with the present or future requirements for public purposes or public utility purposes."
Section 4. The mayor shall negotiate all contracts for concessions and leases of every kind in city buildings and on city property.
Section 5. Section 8-324, Code, City of Atlanta, 1942, is amended to read as follows:
"The mayor and general council, in their discretion, may insure the lives of all members of the fire department, and provide appropriations therefor. The member shall have the right to designate any person having an insurable interest in the member as the beneficiary under the policy. This p.rovision shall in no way affect the pension laws for firemen, but shall be cumulative and additional thereto.
Section 6. That part of the charter codified as Section 19-405, Code, City of Atlanta, 1942, is amended by striking from the second sentence of said section the following words: "At the rate of seven percentum (7%) per annum," and substituting in lieu thereof the following words: "At such rate as may be fixed by the mayor and general council," so that such sentence when amended shall read as follows: "Said ordinance may provide for payment of taxes monthly, quarterly or

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otherwise, as said mayor and council may provide; and on failure to pay the taxes or installment on taxes, as fixed by said ordinance, the same shall bear interest at the rate fixed by the mayor and general council, to be charged on any installment not paid at the time ordained."
Section 7. That part of the charter codified as Section ll-137, Code, City of
Atlanta, 1942, is amended by adding the following provision at the end thereof:
"Except that the City of Atlanta may lease to the Georgia Power Company, for a period not exceeding 10 years, that tract of land located on the north side of Green Street, N.W., in tha City of Atlanta, beginning 100 feet west of Northside Drive and extending westwardly along the north side of Green Street 150 feet, and extending northwardly an even width with the front a depth of 125 feet. The lease and rental shall be upon such terms and conditions as the mayor and general council may determine."
Section 8. Section 17-103 of the 1945 Cumulative Supplement of the 1942 Code, City of Atlanta, be and the same is hereby amended by adding a new sentence at the end of said section as follows:
"The mayor and general council shall have authority to sell, convey or lease to the Garden Memorial Foundation, Inc., a certain tract or parcel of land located in and forming a part of Piedmont Park. Such tract of land is particularly described in a contract entered into on the lOth day of January, 1946, between the City of Atlanta and the Garden Memorial Foundation, Inc."
Section 9. Section 10-109 of the 1945 Cumulative Supplement of the Code, City of Atlanta, 1942, is amended to read as follows:
"There is hereby created the position of deputy recorder in the Recorder's Court of the City of Atlanta. He shall serve as senior clerk of both divisions of the Recorder's Court and shall have power to act as recorder in the absence or disqualification of either of the recorders. In the absence of both recorders and the deputy recorder, the mayor shall designate some competent person to preside in either or both divisions. Said deputy recorder shall be appointed by the mayor and shall serve for a term of four (4) years. The first term shal lbegin on March 1, 1946. His compensation shall be three hundred ($300.00) dollars per month, with the authority of the mayor and general council to either reduce or increase said salary. The deputy recorder herein provided for shall be a licensed attorney-at-law, admitted to practice in the superior courts of the state."
Section 10. Section 6-114, Code, City of Atlanta, 1942, is amended to read as follows:
"The mayor and general council shall not have any authority to increase the basic salaries or automobile allowances of any officer or employee of the City of Atlanta during any calendar year except during the month of January; provided, however, that this shall not prevent the fixing of any salaries for new officers or positions created, or prevent the mayor and general council from reducing salaries because of economic conditions, or from abolishing positions. This section shall con-

SATURDAY, JANUARY 26, 1946

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stitute the only restriction upon the power and authority of the mayor and general council in the matter of fixing salaries except where salaries are specifically fixed by the terms of this charter as amended."
Section 11. Base salaries are fixed as follows:
Mayor ---------------------------------------------------------------------------------- $10,000.00 per year City Attorney ---------------------------------------------------------------------- 7,000.00 per year Comptroller -------------------------------------------------------------------------- 7,000.00 per year Chief of Police........-------------------------------------------------------------- 6,000.00 per year Chief of Fire Department___________:______________________________________ 6,000.00 per year Building Inspector________________________________________________________________ 4,500.00 per year
These salaries shall be effective on and after February 1, 1946, and shall be payable in monthly or bimonthly installments as may be fixed by the mayor and general council.
Section 12. In order to more effectively enforce traffic ordinances the mayor and general council are hereby authorized in their discretion to provide that vehicles parked in violation of the ordinances of the city may be towed in off the streets, and held by the city subject to a reasonable charge for towing and storage to be fixed by the mayor and general council. The mayor and general council are further specifically authorized to impose penalties upon the owners of such vehicles for permitting parking in violation of applicable ordinances.
Section 15. Vac"ancies in any official position created by the charter, except that of mayor and members of the general council, shall be filled by the mayor subject to confirmation by the general council. This provision shall apply in case of a vacancy in office by resignation, death, or otherwise and shall be for the balance of the term so vacated.
Section 14. All laws and parts of laws in conflict herewith are hereby repealed.
Mr. Bloodworth of Bibb moved that the House accept the Senate amendment to HB 644.
On the motion to agree to the Senate amendment to HB 644 the ayes were 105, the nays 0, and the Senate amendment was agreed to.

HB 732. By Messrs. Strickland and Freeman of Upson, Gowen of Glynn, Looper of Dawson, and Smith of Emanuel:
A bill to be entitled an act to authorize the State Board of Health to license hospitals and make rules and regulations governing the facilities and operations of hospitals; and for other purposes.
The following amendment was read:
The Committee on State of Republic moved to amend HB 732, Section 1, by striking the last word on line 15 and all of lines 16 and 17, reading as follows:

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"provided, nevertheless, the rules, regulations and classifications herein provided for shall not become effective until the assent and approval of said Hospital Advisory Committee is first had and obtained."
Committee further moved to amend Section 2 by striking the first paragraph in its entirety, consisting of the first fifteen lines, and inserting in lieu thereof the following:
There shall be established a hospital advisory committee to advise with the State Board of Health on the policies and rules and regulations necessary for carrying out the purposes of this act. The membership of this committee shall consist of three hospital administrators or persons with broad expe-riences in hospital administration appointed by the Georgia Hospital Association, five members appointed by the Medical Association of Georgia. One member appointed by the Georgia Nursing Association, one member appointed by the Georgia Dental Association, five lay members with broad civil interests representing the various segments of the population appointed by the governor, the director of the State Department of Public Health, the director of Public Welfare, the attorney general and the state auditor. If any one of the above associations fails or ceases to function, then the governor shall appoint representatives from these groups. When the first appointments are made, the Georgia Hospital Association shall appoint one member for a term of one year, one member for a term of two years, and one member for a term of three years. The Medical Association of Georgia or its board of councilors shall appoint one member for a term of one year, two members for a term of two years, and two members for a term of three years. The member appointed by the Georgia Dental Association and the member appointed by the Georgia Nursing Association shall be appointed for a term of three years. The governor shall appoint one lay member for a term of one year, two for a term of two years, and two for a term of three years. After the expiration of the first appointments, all terms shall be for three years. The director of the State Department of Health, the director of Public welfare, the attorney general and the state auditor terms shall expire with their terms of office, and their successors in office shall succeed them as members of said committee. Vacancies in the membership of said committee shall be filled in the same manner as the original appointments. The director of the State Department of Public Health shall act as chairman of the advisory committee.
Mr. Smith of Emanuel moved that the House agree to the Senate amendments to HB 732.
On the motion to agree to the Senate amendments to HB 732 the ayes were 104, the nays 0, and the Senate amendments were agreed to.

HR 164. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution to ratify rules adopted by the Supreme Court for practice and procedure for repeal or review in cases; and for other purposes.
The following Senate amendment was read:

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Senators Causey of the 46th and Harrell of the 7th moved to amend HR 164 as follows to wit:
By physically attaching thereto the certified copy of the order of the Supreme Court of January 12, 1946 as "Exhibit 1-A" and the certified copy of the committee's "Report No. 1" as "Exhibit 1-B" so that both of the said exhibits are made a part of the resolution.
Mr. Gowen of Glynn moved that the House agree to the Senate amendment to HR 164.
On the motion to ag~ee to the Senate amendment to HR 164 the ayes were 104, the nays 0, and the Senate amendment was agreed to.

HR 165. By Messrs. Gowen of Glynn and Hicks of Folyd:
A resolution to ratify and confirm the rules of procedure and pleading and practice in civil proceedings in the courts of this state, to ratify and confirm the date on which the said rules of practice and procedure shall become effective; and for other purposes.
The following Senate amendment was read:
Senators Causey of the 46th, Harrell of the 7th and Welsch of the 39th moved to amend HR 165 as follows to wit:
By physically attaching thereto the certified copy of the order of the Supreme Court of January 12, 1946, as "Exhibit 2-A" and the certified copy of the committee's "Report No.2" as "Exhibit 2-B" so that both of the said exhibits are made a part of the resolution.
Mr. Gowen of Glynn moved that the House agree to the Senate amendment to HR 165.
On the motion to agree to the Senate amendment to HR 165 the ayes were 105, the nays 0, and the Senate amendment was agreed to.

The speaker presented to the House the Hon. Robert Ferguson, former member of the House from Camden county.
The following resolutions were read and adopted:
HR 188. By Messrs. Whaley of Telfair, Morrison of Montgomery, Adams of Wheeler, and Hinson of Jeff Davis:
A resolution expressing sympathy and a wish for the speedy recovery of Hon. I. H. Hall of Treutlin county, who is ill.
HR 189. By Messrs. Ansley of Lee and Key of Jasper:
A resolution memorializing and directing the attention of the Legislature of Kentucky to liberalize the size and weight limitations for motor vehicles.

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The speaker presented to the House the Hon. W. H. Hartsfield, mayor of Atlanta, who briefly addressed the House:
Under the special and continuing 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 282. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide a pension for widows of members of the fire department who died in the army in the line of duty; and for other purposes.
The report 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 283. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta providing for compulsory retirement of city employees at the age of 65; and for other purposes.
The report 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 Daves of the 14th:
A bill to be entitled an act to provide a salary for the sheriff of Dooly county 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 105, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 279. By Senator Edenfield of the 2nd:
A bill to be entitled an act to provide that Mcintosh county may supplement the salary of the judge and solicitor general of the Atlantic Judicial Circuit; 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 104, the nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 63. By Senator Mavity of the 44th:
A resolution authorizing the governor to trade certain land owned by the state for 12131;! acres adjoining the State Park in Dade county; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 106, the nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SR 20. By Senator Gross of the 31st and Harrell of the 7th:
A resolution authorizing the State Properties Commission to sell two acres of land located in the 8th District of l\1uscogee county; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption.of the resolution, the ayes were 105, the nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SR 254. By Senator Millican of the 52nd:
A bill to be entitled an act to fix the bond of the clerk of the Superior Court of Fulton county at $30,000.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 253. By Senator Millican of the 52nd: A bill to be entitled an act to fix the salary of the Ordinary of Fulton county at $9,000.00 per year; and for other purposes.
The following amendment was read and adopted: An act to amend SB 253 :

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JOURNAL OF THE HOUSE,

Amend the caption of the bill by striking the figures "$9,000.00" and inserting in lieu thereof the figures "$8,000.00," and adding to said caption the words, "however, said salary may be increased or reduced at any time by the Commissioners of Roads and Revenues of Fulton county, to such sum as in the judgment of said commissioners shall be proper"; and inserting after the words "to pay to the" in said caption the words "Sheriff, Clerk of the Superior Court, Tax Collector, and Tax Receiver," and by eliminating from said caption the word "Ordinary."
Amend Section 1 by inserting after the words "pay to the" in said section, the words "Sheriff, Clerk of the Superior Court, Tax Collector and Tax Receiver," and eliminating from said section the word "Ordinary."
Further amend said Section 1 by striking the figures "$9,000.00" in said section, and inserting in lieu thereof the figures "$8,000.00";
so that said act, when so amended, shall read as follows:
"An act to authorize and direct the Comissioner or Commissioners of Roads and Revenues or other authority having control of the expenditure of county funds in all counties in the State of Georgia having a population of not less th:m 200,000 according to the Federal Census of 1940, or any future Federal Census, to pay to the Sheriff, Clerk of the Superior Court, Tax Collector, and Tax Receiver, in each such county a salary of $8,000.00 per annum; however, said salary may be increased or reduced at any time by the Commissioners of Roads and Revenues of Fulton county to such sum as in the judgment of said commissioners shall be proper.
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 passage and approval of this act, the Commissioner or Commissioners of Roads and Revenues or other authority having r.ontrol of the expenditure of county funds, in all counties of the State of Georgia having a population of not less than 200,000 by the Federal Census of 1940, or any future Federal Census, is authorized and directed to pay to the Sheriff, Clerk of the Superior Court, Tax Collector and Tax Receiver, in each such county an annual salary of $8,000.00, payable in equal monthly installments; however, said salary may be increased or reduced at any time by the Commissioners of Roads and Revenues of Fulton county to such sum as in the judgment of said commissioners shall be proper.
Section 2. Be it further enacted that this act shall become effective immediately upon its passage and approval.
Section 3. All laws and parts of laws in conflict 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 as amended.
On the passage of the bill, as amended, the ayes were 103, the nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SATURDAY, JANUARY 26, 1946

481

SB 246. By Senator Drake of the 8th:
A bill to be entitled an act to fix the time for holding superior court in Seminole county for the second Mondays in January and July; and for other purposes.
The report 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 255. By Senator Millican of the 52nd:
A bill to be entitled an act to fix the salaries of the bailiffs of Fulton 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 103, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 259. By Senator Millican of the 52nd:
A bill to be entitled an act for the abatement of all income taxes for members of the armed forces upon death to include any of the other United Nations; and for other purposes.
The report 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 message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HR 618. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, Gowen of Glynn, McCracken of Jefferson, Roughton of Washington, Connell of Lowndes, King of Jasper, Smith of Emanuel, Phillips of Columbia, and Ray of Warren:
A bill to be entitled an act to amend the State Hospital Authority Act; and for other purposes.

482

JOURNAL OF THE HOUSE,

HR 720. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend Section 20-506 of the code relative to notice by attorneys before they can collect attorneys fees upon notes and other evidences of indebtedness, by amending Section 6-906 relating to the certification of bills of exceptions where there is a vacancy in the office of the judge of the superior court so as to prov\de for the certification by superior court judges of any adjoining circuit; and for other purposes.

HB 639. By Mr. Gowen of Glynn:
A bill to be entitled an act to authorize the Georgia Bar Association and Judicial Council to investigate charges of unlawful practice of law; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has adopted by the requiSite constitutional majority the House amendment to the following bill of the House to wit:
HR 621. By Messrs. Connell and Cowart of Lowndes, Herrin of Echols, and others:
A bill to be entitled an act to create the 53rd and 54th Senatorial Districts; to rearrange and group the counties composing the 1st, 2nd, 6th, 7th, 8th, 15th, 16th and 49th Senatorial Districts; to provide a system of rotation for the election of Senators for the 1st, 2nd, 6th, 7th, 8th, 15th, 16th, 49th, 53rd and 54th Senatorial Districts; to repeal all laws in conflict herewith; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the House to wit:
HR 81. By Messrs Dorsey and Brumby of Cobb:
A resolution to compensate Mrs. Dock Harrison Wooten, widow of Dock Harrison Wooten, for injuries he received upon property of the State of Georgia, and known as a State Farmer's Market, said injuries resulting in his death; and for other purposes.

HR 184. By Mr. Pittman of Tift: A resolution: Whereas, Emory Peavy was employed by the State Highway

SATURDAY, JANUARY 26, 1946

483

Department of Georgia and while on business for the state did run over and kill J. H. Glover and injured his son, be it resolved that there is hereby appropriated $3,000.00 to be paid to Mrs. J. H. Glover; and for other purposes.
The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate insists on its position in reference to HB 601:
A bill to be entitled an act to provide for the admission and maintenance of widows of Confederate veterans at the Confederate Soldiers' Home of Georgia; to provide for application and approval; to provide for maintenance at said Soldiers' Home to be in lieu of pensions; to provide that any widow not maintained at the Home shall continue to receive her pension from the state; to provide that the State Department of Public Welfare shall have the authority, duty and responsibility of administering said home for the additional uses, etc.; and for other purposes.
The president has appointed on the part of the Senate the following committee on conference:
Senators Harrell of the 7th, Freeman of the 22nd, and Rainey of the 41st.
The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House to wit:
HR 167. By Messrs. Harris of Richmond, and Culpepper of Fayette:
A resolution to provide for the payment of a subsistence or maintenance allowance to the State Auditor in lieu of actual hotel and subsistence.
The following message was received from the Senate through Mrs. 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 584. By Messrs. Holbrook of Forsyth, Garrison of Habersham, Dorsey of White, and Manous of Cherokee:
A bill to be entitled an act to require all hatcheries, persons, firms or cor-

484

JOURNAL OF THE HOUSE,

porations shipping baby chicks to have same tested for pullorum; to require foreign corporataions or firms shipping baby chicks to register with the Commissioner of Agriculture and file a certificate showing their chicks are tested for pullorum; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 257. By Senator Millican of the 52nd:
A bill to be entitled an act to provide in Fulton county a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton county; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following resolutions of the House to wit:
HR 164. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution to ratify rules adopted by the Supreme Court for practice and procedure for repeal or review in cases; and for other purposes.

HR 165. By Messrs. Gowen of Glynn and Hicks of Floyd:
A resolution to ratify and confirm rules of procedure and pleading and practice in civil proceedings in the courts of this state, to ratify and confirm the date on which the said rules of practice and procedure shall become effective; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House to wit:
HB 794. By Messrs. Holley of Richmond, Brooke of Whitfield, McCurdy of DeKalb, and others:
A bill to be entitled an act to authorize counties and municipalities to con-

SATURDAY, JANUARY 26, 1946

485

struct, conduct and supervise recreation systems and to provide for recreation boards or commissions; and for other purposes.

Mr. Kent of Glascock: county, chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has read and examined the following bills of the House and have instructed me as chairman, to report the same back: to the House as correct and ready for transmission to i:he, Governor:
HB 628
HB 650
HB 701
Respectfully submitted,
Kent of Glascock:, Chairman.

Mr. Kent of Glascock: county, chairman of the Committee on Enrolling, submitted the following report: Mr. Speaker:
Your Committee on Enrolling has read and examined the following bills and resolution of the House and have instructed me as chairman, to report the same back: to the House as correct and ready for transmission to the Governor:
HB 665
HB 669 HB 673 HB 678 HB 679 HB 680 HB 681 HB 674 HB 685 HB 705 HB 691 HB 708

486

JOURNAL OF THE HOUSE,

HB 710 HB 711 HR 146

Respectfully submitted,

Kent of Glascock, Chairman.

Mr. Wells of Ben Hill 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 621 HB 601
Respectfully submitted, Wells of Ben Hill,

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 to the following: Messrs. Thornton of Elbert, Ramey of Chattooga, Smith of Bryan and Nicholson of Oconee.

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

MONDAY, JANUARY 28, 1946

487

Representative Hall, Atlanta, Georgia. Monday, January 28, 1946.
The House met pursuant to adjournment this day at 10:00 o'clock, was called to order by the speaker and opened with scripture reading and prayer by Dr. Fred Smith, of Bremen, Ga.
By unanimous consent the roll call was dispensed with.
Mr. Bloodworth of Bibb- reported that the journal of Saturday's proceedings had been read and found correct.
The journal was confirmed.
By unanimous consent the following was established as the order of business during the first part of the period of unanimous consent:
1. Third reading and passage of uncontested local bills and resolutions.
By unanimous consent, the following bill of the Senate was taken up for consideration, read the third time and placed upon its passage:
SB 295. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide airport zoning regulations; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following resolutions of the House were read and adopted:
HR 190. By Messrs. Durden of Dougherty, Harris of Richmond, and Hand of Mitchell:
A resolution by the House that the speaker of the House, the secretary of the speaker, the clerk of the House and four of his assistants, the postmistress and the assistant postmistress, seven members of the committees on auditing, engrossing and enroling to be named by the chairmen of the respective committees, be authorized and directed to stay over at the capitol for a period of 10. days after the adjournment of the House today, January 28, 1946, and that each be entitled to draw his usual per diem during such time.

HR 191. By Messrs. Harris of Richmond, Durden of Dougherty, Hand of Mitchell, McCracken of Jefferson, and Ray of Warren:
A resolution providing for a committee to make a study of state highway legislation; and for other purposes.

488

JOURNAL OF THE HOUSE,

Under HR 191 the speaker appointed the following: Messrs. Weaver of Bibb, Cates of Burke, and Matthews of Peach.

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 session has established as a special and continuing order of business the following, to wit:
SB 284. To create and provide for a State Board of Corrections. SB 258. Income taxes for members of the armed forces. SB 249. Veterans World War II. SB 285. Tax collectors and tax receivers. SB 252. Exemptions SB 272. Income taxes for members of armed forces. SB 288. Interest on tax refunds. SB 142. Voters lists. SB 244. Time for veterans to file income tax returns. SB 260. Voters list. SB 241. Veterans service. SB 224. Veterans exemptions. SR 58. Constitutional amendment-Veterans exemption from taxation. SB 289. Requiring counties to pay for certified copies of discharges. SB 242. New Executive Mansion commission. SB 278. Allowing veterans to be architects without examination. SR 25. Constitutional amendment for Fulton county. SR 69. Constitutional amendment for Fulton and DeKalb counties. SR 65. Investigation by State Department of Public Welfare. The speaker is authorized to call all bills and resolutions established as an order of business in the order he sees fit.
Respectfully submitted, Durden of Dougherty, Vice-Chairman.

MONDAY, JANUARY 28, 1946

489

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 648. By Messrs. Key of Jasper, Harris of Richmond, Connell of Lowndes, and others:
A bill to be entitled an act to amend an act of the General Assembly of Georgia approved March 9, 1945 (Georgia Laws, 1945, pp. 362-6) entitled, An act to provide for the creation of the office of the Judge of the Superior Courts, Emeritus, to prescribe eligibility for incumbents; and for other purposes.

HB 719. By Messrs. Harrison of Jenkins, Harris of Richmond, Claxton of Camden, and others:
A bill to be entitled an act authorizing the governor to fix the compensation of the directors of the Department of Forestry, the Department of Mines, Mining and Geology, the Department of State Parks, Historic Sites and Monuments; to repeal conflicting laws; and for other purposes.

HB 793. By Messrs. Culpepper of Fayette, Hatchett and Thompson of Meriwether, and others:
A bill to be entitled an act to amend Chapter 32-9 of the Code of Georgia of 1933, as amended, relating to the powers and duties of County Board of Education, by striking and repealing from said chapter all references to local or consolidated school district trustees and subdistricts; and for other purposes.

The following message was received from the Senate through Mrs. 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 147. By Messrs. Harris of Richmond, Durden of Dougherty, Smith of Emanuel, and others.
A resolution proposing to amend the State Constitution to provide for a constitutional State Highway Department.

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

490

JOURNAL OF THE HOUSE,

l\1r. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate to wit:
SB 253. By Senator Millican of the 52nd:
A bill to be entitled an act to authorize and direct the Commissioners of Roads and Revenues or other county authorities in all counties in the State of Georgia having a population of not less than 200,000 atcording to the Federal Census of 1940, or any future Federal Census, to pay to the ordinary in each county a salary of $9,000.00 per annum; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The House has passed by the requisite constitutional majority the following resolution of the Senate to wit:
SR 75. By Senator Gross of the 31st:
Be it resolved by the Senate, the House consurring, that the governor be and he is hereby authorized to appoint two members of the General Assembly of the State of Georgia to make a tour of the war countries of Europe and to report back to the next session of the General Assembly.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has agreed by the requ1s1te constitutional majority to the House substitute to the following bill of the Senate to wit:
SB 271. By Senators Norton of the 33rd, Nix of the 32nd, and Chastain of the 41st:
A bill to be entitled an act to promote the poultry industry in Georgia through programs of breeding improvement and control and eradication of pullorum disease, etc., through cooperation of State Department of Agriculture and Georgia Poultry Improvement Association, Inc., etc.; and for other purposes.

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

MONDAY, JANUARY 28, 1946

491

HB 780. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 87-203 and 87-204 of the Code of Georgia of 1933, so as to provide when counties, municipalities and political subdivisions may issue bonds, and the procedure to ascertain the number of votes cast for bonds; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the s~cretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 804. By Mr. Dykes of Bleckley:
A bill to be entitled an act to provide, in each of the counties of this state having a population of not less than 9,654 and not more than 9,660 according to the United States Census of 1940 and any future United States census where the solicitors general of the several judicial circuits and the solicitors of the several city or county courts of said counties are on salary basis, the method of distribution and disbursement of funds received from fines and forfeitures in criminal matters in excess of costs as prescribed by law; and for other purposes.

HB 631. By Messrs. Culpepper of Fayette, Strickland of Pike and Arnold and Swint of Spalding:
A bill to be entitled an act to fix the salary of the court reporter in the Griffin Judicial Circuit; and for other purposes.

HR 789. By Messrs. McCurdy of DeKalb, Bloodworth and Wilson of Bibb, and others:
A bill to be entitled an act to authorize counties having a population of more than 80,000 by the United States Census of 1940 or by any future census, to levy taxes for the purpose defined and "described in Article 7,. Section 4, Paragraph 1, and Article 7, Section 2, Paragraph 2 of the Constitution of Georgia as amended; and for other purposes.

Under the special and continuing order of business established by the Committee on Rules the following bills of the Senate were taken up for consideration, read the third time and placed upon their passage:
SR 234. By Senator Gross of the 31st: A bill to be entitled an act to establish a merit system in the classified service of the State of Georgia; to establish a State Personnel Department and establish a State Personnel Board; and for other purposes.

492

JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

Mr. Thompson of Meriwether moved to amend SB 234 by striking under subhead (b) of Section 10 in line nine the words "effective date" and substituting in lieu thereof the word "passage," so that said section shall read as follows:

(b). Any person holding a position in the classified service of the state as herein defined who as of January 1, 1946, had been an employee of the state for at least nine months immediately preceding the passage of this act, shall continue to hold such office subject to the provisions of the act and shall be deemed to be qualified for such employment and shall be entitled to receive a regular appointment in accordance with the provisions of this act provided that he shall file with the Merit Board within ninety (90) days after the effective date thereof a written certificate which shall include a complete history of his employment record on forms which shall be prescribed by the board.

Messrs. Pannell of Murray and Thompson of Meriwether moved to amend Section 10, subsection C by adding the following words at the end of the sentence 4 in said subsection C:

"and shall take the place of the employee holding the position which was held by the said service man at the time he entered service in the armed forces."

Messrs. Weaver, Bloodworth and Wilson moved to amend SB 234 by adding thf' following sentence to the end of subsection 16 of Section 3:

"The said definition shall not include those positions in the county Departments of Public Welfare and the city-county Departments of Public Health which are paid in whole or in part with funds of said organizations."

Mr. Alexander of Carroll asked unanimous consent that he be excused from voting on SB 234, and the unanimous consent request was granted.

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 Mr. Smith of Emanuel moved the ayes and nays and the motion was sustained.

The roll call was as follows:

Those voting in the affirmative were:

Almand Ansley Arnall Arnold Barrett Beddingfield Bloodworth of Bibb Boynton Britton

Brooke Brunson Campbell Cates Cheshire Claxton Crow Crowley Dallis

Dorsey of Cobb Dorsey of White Durden Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage

MONDAY, JANUARY 28, 1946

493

Garrison Gavin Gowen Greene Guerry Hand Harden Hardy of Hall Harrison of Jenkins Harrison of Wayne Hatchett Hicks Hinson of Ware Holleman Hooks Hubert Hurst Jennings of Terrell Kelley Kendrick Kenimer Kennon Kent

Key King Lam Lancaster Littlejohn McCracken McCurdy McNall McWhorter Mallard Mankin Mann of Henry Mason Massey Matthews of Paulding Mitchell Moye of Randolph Murphy Oakley Phillips P'orter Ray Ritchie

Rossee Seagraves Sears Sheffield Shields Sills Smith of Emanuel Smith of Oglethorpe Sparks Swint Thompson Thrash Trotter Twitty Weaver Williams of Appling Williams of Coffee Williams of Jones Williams of Toombs Williams of Ware Willis Wilson

Those voting in the negative were:

Adamson Barwick Battles Chastain Cowart Culpepper Dupree Dykes Etheridge of Butts Gary Giddens Glisson

Guyton Hefner Herndon Herrin Holbrook Holloway Jackson Lewis Looper Matthews of Peach Maund Odom

Parham Pennington Ramey Roughton Rowland Strickland of Upson Sumner Watford Whaley Witherington

Not voting were: Adams, Alexander of Carroll, Alexander of Chatham, Baker, Banks, Bargeron, Black, Bloodworth of Houston, Brock, Brumby, Burch, Callaway, Chance, Cheek, Connell, Connerat, DeFoor, J. H. Ennis, Marion Ennis, Gaskins, Gibson, Gilbert, Greer, Griswell, Hall, Hampton, Hardy of Jackson, Harrison of Screven, Hart, Hill, Hinson of Jeff Davis, Hogg, Holley, Hollis, Jennings of Sumter, Johns, Lane, Livingston, Lovett, Malone, Mann of Rockdale, Manous, Medders, Miller, Moore, Morrison, Mosley, Moye of Brooks, Mullinax, Nicholson, Oden, Oliver, O'Sheal, Overby, Pannell, Parks, Pettit, Pittman of Bartow, Pittman of Tift, Powell, Price, Riddlespurger, Sapp, Seagler, Smiley, Smith of Bryan, Strickland

494

JOURNAL OF THE HOUSE,

of P'ike, Thornton, Underwood, Wells of Ben Hill, Wells of Lincoln, Williams of Gwinnett, Willoughby, and Young.
By unanimous consent the roll call was verified. On the passage of the bill, as amended, the ayes were 95, the nays 34. Theh bill, having failed to receive the requisite constitutional majority, was lost.

SB 284. By Senators Mavity of the 44th and Freeman of the 22nd:
A bill to be entitled an act to create a State Board of Corrections to be composed of five members and to fix their term and 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 103, the nays 2.
The bill, having received the requisite constitutional majority, was passed.

SB 258. By Senator Millican of the 52nd:
A bill to be entitled an act for the abatement of all income taxes for members of the armed forces upon death to include any of the other United Nations; and for other purposes.
The report 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 message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has agreed to the conference committee report on the following bill of the House to wit:
HB 601. By Mr. Culpepper of Falette:
A bill to be entitled an act to provide for the admission and maintenance of widows of Confederate veterans at the Confederate Soldiers Home; to provide maintenance at said home to be iri lieu of pensions; and for other purposes.

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

MONDAY, JANUARY 28, 1946

495

Mr. Speaker:
The Senate has passed by the requisite constitutional majority J:he following resolutions of the House to wit:
HR 166-713a. By Messrs. Harris of Richmond, Hand of Mitchell, Durden of Dougherty and others:
A resolution to authorize an education committee of the General Assembly to investigate and make recommendation pertaining to the Public School System of Georgia.

HR 168. By Messrs. Alexander, Connerat and MeN all of Chatham, and others: A resolution creating the Chas. H. Herty Memorial Association.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 802. By Messrs. Hardy of Hall, Looper of Dawson, Holbrook of Forsyth, and others:
A bill to be entitled an act to provide for purchase and use of sulfa-quanadine and sulfa-thiozol in the treatment of poultry in this state by recognized poultry owners and dealers in poultry supplies; and for other purposes.

HB 757. By Mrs. Guerry of Macon:
A bill to be entitled an act to authorize municipalities to annex to the existing corporate limits adjoining land upon the unanimous written application of all the owners of the land to be annexed; and for other purposes.

HB 359. By Messrs. Hand and Twitty of Mitchell, and Hart of Thomas:
A bill to be entitled an act to empower and direct municipalities and other political subdivisions to promulgate, administer, and enforce airport zoning regulations limiting the height of structures and regulating the use of property in the vicinity of airports; and for other purposes.
The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has adopted by the constitutional majority the following resolutions of the House to wit:

496

JOURNAL OF THE HOUSE,

HR 154. By Mr. Price of Clarke:
A resolution expressing tribute to a great Georgian, upon his passing, Chancellor Steadman V. Sanford, of the University System of Georgia.

HR 172. By Messrs. Roughton of Washington, and Smith of Bryan:
A resolution memorializing the Congress of the United States to prohibit the Office of Price Administration from placing discriminatory price ceilings against Southern pulpwood growers.

HR 160. By Messrs. Key of Jasper, Harris of Richmond, and Roughton of Washington:
A resolution protesting the ceiling on the 1946 cotton crop; and urging our Congressmen and Senators to correct the conditions caused by the cotton ceiling.

HR 183. By Messrs. Williams and Hinson of Ware:
A resolution memorializing Lt. Vereen Bell, the author of "Swamp Water," by designating certain highways as "Vereen Bell Highway."

The following message was received from the Senate through Mrs. 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:
SR 76. By Senator Norton of the 33rd:
A resolution by the Senate, the House concurring, in a separate resolution, that the Honorable Walter F. George and the Honorable Richard B. Russell, together with our Congressional delegation, use their best efforts to speedily and effectively cause the negotiations for the transfer of General Battey Hospital to the State of Georgia; and for other purposes.

SR 72. By Senator Millican of the 52nd:
A resolution to provide for a committee of two from the Senate and three from the House appointed by the presiding officers, to investigate and make recommendations on the need for and advisability of creating a retirement system for state employees as provided for under Article XIV, Section 1, Paragraph 11, of the Constitution of Georgia.

The president has appointed on the part of the Senate a committee of the following:

MONDAY, JANUARY 28, 1946

497

Senators Millican of the 52nd and Turner of the 34th:

HB 798. By Mr. Marion Ennis of Baldwin:
A bill to be entitled an act to provide that the secretary of the board of trustees of the Georgia Military College shall give thirty days' notice by publication for the election of trustees; and for other purposes.

HB 806. By Messrs. Holley, King and Harris of Richmond:
A bill to be entitled an act to amend an act of the General Assembly of the State of Georgia approved October 5, 1885 (Georgia Laws 1884-5, pages 599-600) entitled "An act to establish in the County of Richmond in this state, a reformatory institute; to provide for the maintenance and conduct of the same; and for other purposes," as amended by the several acts of the General Assembly of Georgia; and for other purposes.

The following resolution was read and adopted:
HR 192. By Messrs. Ray of Warren, Durden of Dougherty, Smith of Emanuel, Sumner of Worth, and Hand of Mitchell:
A resolution by the House, the Senate concurring in a separate resolution, sesolving that the Hon. Walter F. George and the Hon. Richard B. Russell, together with our Congressional delegation, use their best efforts to speedily and effectively cause the negotiations for the transfer of Battey General Hospital; and for other purposes.

The following resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 147. By Messrs. Gowen of Glynn, Harris of Richmond, Hand of Mitchell, and others.
A resolution proposing to amend the State Constitution to provide for a constitutional State Highway Department.
The following Senate amendment was read:
Senator Millican of the 52nd moved to amend HR 147 as follows:
By striking in line 9 and line 10 the words "General Assembly upon nomination by a majority of the Senators and the members of the House of Representatives" and inserting in lieu the following:
"Qualified voters of each congressional district in the same manner and under the same rules as members of the General Assembly are elected.
Amend by striking two words in line 11, "of these," all of lines 12 and 13 and the first three words in line 14 and inserting in lieu thereof "The term of each member shall be for a period of four (4) years."

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JOURNAL OF THE HOUSE,

By unanimous consent the Senate amendment to HR 147 was disagreed to.
Mr. Durden of Dougherty moved that the House do now recess until 2:00 o'clock p. m., the motion prevailed and the speaker announced the House recessed until 2:00 o'clock.

The speaker called the House to order. The following resolution of the Senate was read:

2 :00 o'clock p. m.

SR 75. By Senator Gross of the 31st:
A resolution authorizing the governor to appoint two members of the General Assembly of the State of Georgia to make a tour of the war countries of Europe and to report back to the next session of the General Assembly.
The speaker ruled that SR 75 was not privileged.

By unanimous consent the clerk of the House was authorized and directed to make the following correction in District 21 so that the same shall read "No. 21. Wilkinson, Johnson and Jones" in the following bill of the House to wit:

HR 621. By Messrs. Connell and Cowart of Lowndes, Herrin of Echols and others:
A bill to be entitled an act to amend Section 47-102 of the Code of Georgia of 1933, and all acts amendatory thereof, relating to the senatorial districts of said state, by striking said section in its entirety, and substituting in lieu thereof a new section to be numbered 47-102, so as to provide for fifty-four senatorial districts of the State of Georgia; to provide that the same shall be distributed and be composed of the various counties of said state; to provide for a system of rotation for the election of senators; to repeal all conflicting laws; and for other purposes.

Under the special and continuing order of business established by the Committee on Rules the following bills of the Senate were taken up for consideration, read the third time and placed upon their passage:

SR 241. By Senator Stone of the 15th:
A bill to be entitled an act to provide compensation and traveling expense for members of the Board of Veterans Service; and for other purposes.
Mr. Bloodworth of Bibb moved that SB 241 be tabled.
On the motion to table SB 241 Mr. Roughton of Washington moved the ayes ;~nd nays and the vote was as follows:

MONDAY, JANUARY 28, 1946

499

Those voting in the affirmative were:

Almand Ansley Arnold Barrett Barwick Beddingfield Black Bloodworth of Bibb Boynton Campbell Cowart Culpepper Dorsey of Cobb Dorsey of White Durden Dykes Ennis, Marion Etheridge of Butts Gammage Garrison Gary Gavin

Giddens Glisson Gowen Guerry Harrison of Jenkins Hefner Herndon Hicks Hill Holbrook Holleman Holloway Hooks Kelley Key Kna'bb Lancaster Littlejohn Looper McCracken McNall Maund

Medders Mitchell Phillips Porter Price Ramey Ritchie Seagraves Sears Strickland of Upson Sumner Thompson Trotter Weaver Wells of Lincoln Williams of Appling Williams of Gwinnett Williams of Jones Williams of Ware Wilson Witherington

Those voting in the negative were:

Arnall Britton Brooke Brunson Cates Chastain Crow Evitt Fortson Fowler Freeman Guyton Harrison of Screven Harrison of Wayne Hatchett Herrin Hinson of Ware Hogg Hubert

Hurst Jackson Jennings of Terrell Kendrick Kenimer Kennon Kent King Lam .McCurdy McWhorter Mallard Mankin Mann of Henry Mann of Rockdale Matthews of Paulding Matthews of Peach Mosley Moye of Randolph

Murphy Odom Overby Parham Pennington Ray Rossee Roughton Rowland Sheffield Shields Sills Smith of Emanuel Smith of Oglethorpe Thrash Watford Williams of Coffee Williams of Toombs

Not voting were: Adams, Adamson, Alexander of Carroll, Alexander of Chatham, Baker, Banks, Bargeron, Battles, Bloodworth of Houston, Brock, Brumby,

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TOURNAL OF THE HOUSE,

Burch, Callaway, Chance, Cheek, Cheshire, Claxton, Connell, Connerat, Crowley, Dallis, DeFoor, Dupree, J. H. Ennis, Etheridge of Fulton, Gaskins, Gibson, Gilbert, Greene, Greer, Griswell, Hall, Hampton, Hand, Harden, Hardy of Hall, Hardy of Jackson, Hart, Hinson of Jeff Davis, Holley, Hollis, Jennings of Sumter, Johns, Lane, Lewis, Livingston, Lovett, Malone, Manous, Mason, Massey, Miller, Moore, Morrison, Moye of Brooks, Mullinax, Nicholson, Oakley, Oden, Oliver, O'Shea!, Pannell, Parks, Pettit, Pittman of Bartow, Pittman of Tift, Powell, Riddlespurger, Sapp, Seagler, Smiley, Smith of Bryan, Sparks, Strickland of Pike, Swint, Thornton, Twitty, Underwood, Wells of Ben Hill, Whaley, Willis, Willoughby, and Young.
By unanimous consent verification of the roll call was dispensed with.

On the motion to table SB 241 the ayes were 65, the nays 56, and the bill was tabled.

SB 260. By Senators Grayson of the 1st, Millican of the 52nd, and Harrell of the

7th:

.

A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters list at the general election of November, 1944, in any county, city, or town of the state must qualify to vote; and for other purposes.

The following amendment was read:

Messrs. Weaver, Bloodworth and Wilson of Bibb move to amend SB 260 by striking Section 1 and rewriting said section so that the same shall read as follows:

"Section 1. That all persons who, at the general election of November, 1944, in any county, city or town of the state who were not on the current qualified voters' list of said county, city or town, or who have not registered since that time or who shall not hereafter register, shall, before voting at the next or any succeeding general or special election, first qualify by registering with the proper officials of the county, city or town of the state at least four (4) months before any such future general election and five ( 5) days before any such special election."

And further by striking the caption of said bill and writing a new caption which shall read as follows:

"A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters' list at the general election of November, 1944, in any county, city or town of the state and who have not registered subsequent to said date and who shall not hereafter register must qualify to vote; and to provide for the effective date of this act, and providing that the provisions of said act shall not apply in any county of 200,000 or more population according to the 1940 Federal Census or any future Federal Census; and for other purposes."

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

MONDAY, JANUARY 28, 1946

501

On the passage of the bill, as amended, Mr. Weaver of Bibb moved the ayes and nays and the vote was as follows :

Those voting in the affirmative were:

Almand Ansley Arnall Arnold Barret Barwick Battles Beddingfield Black Bloodworth of Bibb Boynton Britton Brooke Brunson Campbell Cates Chance Chastain Cheek Cheshire Cowart Crowley Culpepper Dallis Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Garrison Gary Gavin Giddens Glisson Gowen

Greene Guerry Guyton Hand Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Harrison of Wayne Hatchett Herndon Herrin Hicks Hill Hinson of Ware Holbrook Holleman Holloway Hooks Hubert Hurst Jackson Jennings of Terrell Kelley Kendrick Kenimer Kennon Kent Key King Knabb Lam Lancaster Littlejohn Livingston Looper McCracken McCurdy McNall McWhorter Mallard Mankin Mann of Henry

Mann of Rockdale Mason Matthews of Peach Medders Mitchell Mosley Moye of Randolph Murphy Oakley Overby Parham Pennington Phillips Porter Price Ramey Ray Ritchie Rossee Roughton Rowland Seagraves Sears Sheffield Shields Sills Smiley Smith of Oglethorpe Strickland of Upson Swint Thompson Thrash Trotter Watford Weaver Wells of Lincoln Williams of Coffee Williams of Gwinnett Williams of Jones Williams of Ware Wilson Witherington

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JOURNAL OF THE HOUSE,

Those voting in the negative were:

Hogg

Lewis

Smith of Emanuel

Not voting were: Adams, Adamson, Alexander of Carroll, Alexander of Chatham, Baker, Banks, Bargeron, Bloodworth of Houston, Brock, Brumby, Burch, Callaway, Claxton, Connell, Connerat, Crow, DeFoor, J. H. Ennis, Gaskins, Gibson, Gilbert, Greer, Griswell, Hall, Hampton, Hardy of Jackson, Hart, Hefner, Hinson of Jeff Davis, Holley, Hollis, Jennings of Sumter, Johns, Lane, Lovett, Malone, Manous, Massey, Matthews of Paulding, Maund, Miller, Moore, Morrison, Moye of Brooks, Mullinax, Nicholson, Oden, Odom, Oliver, O'Shea!, Pannell, Parks, Pettit, Pittman of Bartow, Pittman of Tift, P'owell, Riddlespurger, Sapp, Seagler, Smith of Bryan, Sparks, Strickland of Pike, Sumner, Thornton, Twitty, Underwood, Wells of Ben Hill, Whaley, Williams of Appling, Williams of Toombs, Willis, Willoughby, and Young.

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

On the passage of the bill, as amended, the ayes were 128, the nays 3.

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

The speaker presented to the House the Hon. Joe Boone, former clerk of the House.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate insists on its position in regard to its amendment to HR 147.
The president has appointed on the part of the Senate a conference committee as follows:
Senators Millican of the 52nd, Daves of the 14th and Branch of the 47th:

HR 147. By Messrs. Harris of Richmond, Durden of Dougherty, Smith of Emanuel, and others:
A resolution proposing to amend the State Constitution to provide for a constitutional State Highway Department.
The Senate insists on its position in regard to its amendment to HB 780.
The president has appointed on the part of the Senate a conference committee as follows:
Senators McGinty of the 43rd, Freeman of the 22nd, and Johnson of the 24th:
HB 780. By Mr. Durden of Dougherty:

MONDAY, JANUARY 28, 1946

503

A bill to be entitled an act to amend Code Sections 87-203 and 87-204 of the Code of Georgia of 1933, so as to provide wheq counties, municipalities and political subdivisions may issue bonds, and the procedure to ascertain the number of votes cast for bonds; and for other purposes.

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

HB 361. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an act to authorize the governing authority of the several counties of this state to enact zoning and planning ordinances and regulations; to provide the procedure for zoning and planning; to provide for the establishment of planning boards and boards of adjustment; and for other purposes.

HB 368. By Messrs. Twitty of Mitchell, Hand of Mitchell, and Hart of Thomas:
A bill to be entitled an act to authorize the governing authority of the several municipalities of this state to enact zoning and planning ordinances and regulations; to provide for the procedure for zoning planning; to provide for the establishment of planning boards and boards of adjustment; and for other purposes.

HB 731. By Messrs. Maund of' Talbot, Young of Muscogee, and Fortson of Wilkes:
A bill to be entitled an act to amend Section 59-120 of the Code of Georgia of 1933, providing for compensation of jurors and court bailiffs, by striking the words "exceed $3" between the words "to" and "per diem" in the fifth line of said section and by inserting in lieu thereof the words "be less than $2 nor to exceed $6"; and for other purposes.

HB 479. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide that a plea of. nolo contenders may be entered in all criminal cases, whether misdemeanor or felony, in the courts of this state having jurisdiction thereof and to provide for the effect of such plea; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:

504

jOURNAL OF THE HOUSE,

The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:
HB 667. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize housing authorities to clear slums and blighted areas and prevent blight; and for other purposes.

The following message was received from the Senate through Mrs. 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 765. By Messrs. Connell of Lowndes, and Gowen of Glynn:
A bill to be entitled an act to prescribe certain terms and conditions upon which foreign corporations may do business in this state; and for other purposes.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 780. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 87-203 and 87-204 of the Code of Georgia of 1933, so as to provide when counties, municipalities and political subdivisions may issue bonds, and the procedure to ascertain the number of votes cast for bonds; and for other purposes.
The following Senate amendment was read:
The Committee on State of Republic moved to amend HB 780 as follows:
By striking Section 1 of said bill and inserting in lieu thereof the following:
Section 1. That Section 87-203 of the Code of Georgia of 1933, relating to the requisite majority required for the issuance of bonds, is hereby repealed and there is enacted in lieu thereof the following:
87-203. When said notice shall have been given and said election held in accordance with the preceding section, if the requisite majority of the qualified voters as provided by the Constitution vote in favor of said bonds in said election, then the authority to issue the bonds in accordance with Paragraphs 1 and 2, Section 7, Article 7 of the Constitution is hereby given to the proper officers of said county, municipality, or political division.
By striking Section II of said bill, and inserting in lieu thereof:
Section II. That Section 87-204 of the Code of Georgia of 1933, relating to the method of ascertaining the number of qualified voters voting for bond election, be

MONDAY, JANUARY 28, 1946

505

and the same is hereby repealed in its entirety, and there is enacted in lieu thereof the following :
87-204. In determining the question whether or not the requisite number of the qualified voters in said county, municipality or political division voting at said election voted for bonds, the registration list made as provided by law shall be used.
By unanimous consent the Senate amendment to HB 780 was disagreed to.

The following report from the committee on conference on HB 601 was read: Mr. President:
Mr. Speaker:
Your committee on conference on HB 601 have agreed and submit the following report:
The House and Senate both recede from their positions on said bill and recommend that the following substitute be adopted: the same being attached hereto and made a part of this report:
Substitute to HB 601:
A bill to be entitled an act to provide for the admission and maintenance of widows of Confederate veterans at the Confederate Soldiers' Home of Georgia; to provide for application and approval; to provide for maintenance at said Soldiers' Home of Georgia; to provide for application and approval; to provide for maintenance at said Soldiers' Home to be in lieu of pensions; to provide that any widow not maintained at the Home shall continue to receive her pension from the state; to provide that the State Department of Public Welfare shall have the authority, duty and responsibility of administering said Home for the additional uses prescribed in this act; to amend, revise and rewrite Section 78-216 of the Code of 1933 as amended by an act approved February 24, 1939 (Acts 1939, pp. 189-190) which said section fixes the amount and time of payment of pensions to Confederate soldiers and widows of Confederate soldiers, so as to provide that Confederate soldiers shall be paid a pension of seventy-five. ($75.00) per month, payable on the first day of each month, and to provide that widows of Confederate S<Miers shall be paid a monthly pension of fifty ($50.00) dollars per month, payable on the first day of each month; to provide that members eligible for this pension but who are inmates of the Confederate Home be paid five ($5.00) per month for incidental expenses; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is her&y enacted by authority of same:
Section I. In addition to the accommodation provided for Confederate veterans at the Confederate Soldiers' Home of Georgia, from and after the passage of this act said Home shall be maintained also for any widows of Confederate veterans

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JOURNAL OF THE HOUSE,

who may be law be entitled to receive pensions from the state on account of being such widows upon complying with the conditions and provisions prescribed hereinafter in this Act.

Section II. Any widows of Confederate veterans entitled to draw a pension from the state may be admitted to the Confederate Soldiers' Home of Georgia and be cared for, clothed, housed and fed at said Home at the expense of the State when such widow shall apply for admission and shall be approved for admission by the director of the State Division of Confederate Pensions and Records, provided any widow so admitted shall not at any time she is maintained at the Home draw any pension from the state.

Section III. Any widow of a Confederate veteran entitled to draw a pension from the state who does not elect to be maintained at the Confederate Soldiers' Home of Georgia shall continue to receive the same pension provided for her under the laws of Georgia.

Section IV. Authority is hereby conferred upon the State Department of Public Welfare to administer the Confederate Soldiers' Home of Georgia for the additional uses specified in this act and said department is charged with such duty and responsibility.

Section V. That Section 78-216 of the Code of 1933 as amended by an act approved February 24, 1939 (Acts 1939, pp. 189-190), fixing the amount and time of pensions payable to Confederate soldiers and widows of Confederate soldiers be, and said act is, amended, revised and rewritten so as to provide a monthl ypension for Confederate soldiers in the sum of seventy-five ($75.00) per month, and a monthly pension to widows of Confederate soldiers in the sum of fifty ($50.00) per month, each payable on the first day of the month, so that said section as amended by the act of 1939 when so amended, revised and rewritten shall read as follows:

"78-216. Amount of pensions and time of payment. Confederate soldiers shall be paid a monthly pension of seventy-five ($75.00) dollars per month, on the first day of each month. Widows of Confederate soldiers shall be paid a monthly pension of fifty ($50.00) dollars per month, payable on the grst day of each month. The several members eligible for this pension, but who are inmates of the Confederate Soldiers' Home in Atl:!nta are hereby given five ($5.00) dollars per month for incidental expenses."

Section VI. That all laws and parts of laws in conflict with this act be, and the

same are, hereby repealed.

(Signed)



Freeman of the 22nd district, Rainey of the 11th district,

On the Part of the Senate.

Culpepper of Fayette,

Guyton of Effingham,

Harrison of Jenkins, On the Part of the House.

MONDAY, JANUARY 28, 1946

507

On the motion to agree to the report of the committee on conference on HB 601 the ayes were 118, the nays 0, and the report of the committee on conference was agreed to.

Under the special and continuing order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration, read the third time and placed upon their passage:
SR 256. By Senator Millican of the 52nd:
A bill to be entitled an act to change the time for election of Commissioners of Roads and Revenues of Fulton county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 293. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide the prevailing wage rate shall be paid skilled mechanics in the city employ; and for other pJJrposes.
The report 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 252. By Senator Caldwell of the 37th:
A bill to be entitled an act to carry into effect Paragraph IV of Section I of Article VII of the Constitution of this state, in reference to the exemption from taxation of certain property therein described; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that;
Section 1. The following described property shall be exempt from taxation:
(a) All public property; places of religious worship or burial; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the

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JOURNAL OF THE HOUSE,

same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property; farm products, including baled cotton grown in this state and remaining in the hands of the producer, but not longer than for the year next after their production.
(b) All personal clothing, household and kitchen furniture, personal property used and included within the home, domestic animals and tools, and implements of trade of manual laborers, but not including motor vehicles, are exempted from all state, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value.
(c) The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for state, county and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities.
(d) All cooperative, nonprofit, membership corporations organized under the laws of this state for the purpose of engaging in rural electrification, as defined in subsection I of Section 3 of the act approved March 30, 1937, providing for their incorporation, and all of the real and personal property owned or held by such corporations for such purpose, are hereby exempted from all taxation, state, county, mu-

MONDAY, JANUARY 28, 1946

509

nicipal, school district and political or territorial subdivisions of the state having the authority to levy taxes. The exemption herein provided for shall expire December 31, 1961.
(e) There shall be exempt from all ad valorem intangible 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 corporation 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 busineess through such sudsidiary.
Section 2. All laws and parts of laws, whether general, local, or special, in conflict with this act, be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following resolution and bill of the House were taken up for the purpose of appointing a committee on conference on the part of the House to wit:
HR 147. By Messrs. Harris of Richmond, Durden of Dougherty, Smith of Emanuel, and others:
A resolution proposing to amend the State Constitution to provide for a constitutional State Highway Department.
The following committee was appointed on the part of the House to wit:
Messrs. Hand of Mitchell, Gowen of Glynn, and Smith of Emanuel.

HB 780. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 87-203 and 87-204 of the Code of Georgia of 1933, so as to provide when counties, municipalities and political subdivisions may issue bonds, and the procedure to ascertain the number of votes cast for bonds; and for other purposes.
The following committee was appointed:
Messrs. Durden of Dougherty, Culpepper of Fayette and Weaver of Bibb:

The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 668. By Messrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act establishing the Civil Court of Fulton county by providing a uniform cost bill; and for other purposes.

510

JOURNAL OF THE HOUSE,

The following Senate amendment was read:
Senator Millican of the 52nd moved to amend HB 668 as follows:
Amend Section 1 of said bill by adding at the end of said section the following:
"Amend Section 13 of said acts of 1913, page 145, as amended by Section 2 of the acts of 1935, page 500, by further amending said section as amended, as follows: That in the event of a vacancy arising in the office of chief judge or associate judges of the Civil Court of Fulton county by death, resignation, or otherwise, the governor shall appoint a successor to such office to fill the term of unexpired term thereof, and said appointee shall hold said office for the term or the remainder of the unexpired term of his predecessor in said office.
Amend Section 16 of the said act of 1913 as amended by Section 7 of the said act of 1935 by striking the whole of said section as amended and enacting a new Section 16 in lieu thereof to be known as No. 16 and to read as follows:
Section 16. The annual salary of the chief judge and the associate judges of the Civil Court of Fulton county shall be $8,500.00 and shall be paid in equal monthly installments, upon warrants approved by the chairman of the Board of Commissioners of Roads and Revenues of Fulton county and drawn upon the County Treasurer of Fulton county, provided that no judge or other official of said court shall receive to his own use any fees or prerequisites of office.
Amend the caption of the said House bill so as to include the matters contained in this amendment.

Mr. Etheridge of Fulton moved that the House agree to the Senate amendment to HB 668.
On the motion to agree to the Senate amendment to HB 668 the ayes were 106, the nays 0, and the Senate amendment was agreed to.

HB 765. By Messrs. Cornell of Lowndes and Gowen of Glynn:
A bill to be entitled an act to prescribe certain terms and conditions upon which foreign corporations may do business in this state; and for other purposes.
The following Senate amendment was read:
Amendment No. 1. HB 765 is amended by adding thereto another section to be known as Section 6 and reading as follows:
"Section 6. None of the provisions of this act shall apply to any foreign corporation which is now required by the laws of Georgia both to file a copy of its charter with the Comptroller General, or Insurance Commissioner, and to designate an agent for service.
Mr. Gowen of Glynn moved that the House agree to the Senate amendment to HB 765.

:\IO.NDAY, JANUARY 28, 1946

511

On the motion to agree to the Senate amendment to HB 765 the ayes were 103, the nays 0, and the Senate amendment was agreed to.
The following Senate amendment was read:
Amendment No. 2. Senator Harrell of the 7th moved to amend HB 765 by striking the words "July 1, 1945," wherever they appear and inserting in lieu thereof the words "July 1, 1946."
Mr. Gowen of Glynn moved that the House agree to the Senate amendment to HB 765.
On the motion to agree to the Senate amendment to HB 765 the ayes were 105, the nays 0, and the Senate amendment was agreed to.

HB 667. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize housing authorities to clear slums and acquire real property for redevelopment; and for other purposes.
The following Senate amendments were read:
Amendment No. 1. The Committee on State of Republic moved to amend HB 667 as follows:
Section 3, by striking paragraph of said Section 3 in its entirety and substituting
for said P'aragraph 5 the following paragraph:
Paragraph 5. To make land so acquired available first to private enterprise
and then, only in the event said land is not taken by private enterprise within six months after its availability, to public agencies (including sale, lease or retention by the authority itself) in accordance with the redevelopment plan.
Mr. Harrison of Jenkins moved that the House agree to the Senate amendment to HB 667.
On the motion to agree to the Senate amendment to HB 667 the ayes were 103, the nays 0, and the Senate amendment was agreed to.
Amendment No. 2. The Committee on State of Republic moved to amend HB
667 by striking from Section 5 the following words in lines 2 and 3 of said section.
"or other public agency designated by it or empowered by law so to act."
Mr. Harrison of Jenkins moved that the House agree to Senate amendment to HB 667.
On the motion to agree to the Senate amendment to HB 667 the ayes were 103, the nays 0, and the Senate amendment was agreed to.

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

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JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate to wit:
SB 260. By Senators Grayson of the 1st, Millican of the 52nd, and Harrell of the 7th:
A bill to be entitled an act prescribing the manner in which persons who were not on the current qualified voters' list at the general election of November, 1944, in any county, city or town of the state must qualify to vote; 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 192. By Messrs. Ray of Warren, Durden of Dougherty, Smith of Emanuel, and others:
A resolution resolving that the House of Representatives, the Senate concurring in a separate resolution, that the Hon. Walter F. George and the Hon. Richard B. Russell, together with our Congressional delegation, use their best efforts to speedily and effectively cause the negotiations for the transfer of Battey General Hospital, etc.

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 684. By Mr. Durden of Dougherty:
A bill to he entitled an act to amend Section 32-3701 of the Code of Georgia of 1933 as amended, etc., relating to the purposes for which counties may levy taxes, by striking said section as amended in its entirety, and substituting in lieu thereof a new section, etc.; and for other purposes.

HB 776. By Mr. Hubert of DeKalb:
A bill to be entitled an act to confer jurisdiction on justices of the peace in actions for the conversion of personal property, trover and bail trover, where the amount involved or the value of the property does not exceed $200.00; to repeal all conflicting laws; and for other purposes.

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513

HB 663. By Messrs. Alexander of Chatham and Gowen of Glynn:
A bill to be entitled an act to amend Section 113-709 of the Code of Georgia by providing that wills executed in another state, and witnessed according to the laws of the state where executed, shall constitute muniments or title for the transfer of real property in this state; and for other purposes.
Under the special and continuing order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration, read the third time and placed upon their passage:

SB 288. By Senators Gross of the 31st, Millican of the 52nd, and Johnson of the 24th:

A bill to be entitled an act to amend the law providing tax refunds; to limit the time the State Revenue Commissioner may pay interest on such tax refunds; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the roll was called and the vote was as follows:

Those voting in the affirmative were:

Almand Ansley Arnold Barrett Barwick Battles Beddingfield Bloodworth of Bibb Boynton Britton Brooke Brunson Campbell Chance Chastain Cheek Cheshire Cowart Crowley Dallis Dorsey of Cobb Dorsey of White Durden Dykes Ennis, Marion

Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Garrison Gary Gaskins Giddens Glisson Gowen Greene Guerry Guyton Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Harrison of Wayne Hatchett Hefner Herndon Herrin

Hicks Hill Hinson of Ware Holbrook Holleman Holloway Hooks Hubert Hurst
Jackson Kelley Kendrick Kenimer Kennon Kent Key King Lam Lancaster Littlejohn Livingston Looper McCracken McCurdy McNall

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JOURNAL OF THE HOUSE,

McWhorter Mallard Mankin Mann of Rockdale Mason Matthews of Paulding Matthews of Peach Maund Mitchell Mosley Moye of Randolph Mullinax Murphy Odom Overby Parham

Parks Pennington Phillips Porter Price Ramey Ray Ritchie Roughton Rowland Seagraves Sheffield Shields Sills Smiley Smith of Emanuel

Smith of Oglethorpe Strickland of Upson Swint Thompson Thrash Trotter Watford Weaver Wells of Lincoln Whaley Williams of Coffee Williams of Ware Wilson Witherington

Not voting were: Adams, Adamson, Alexander of Carroll, Alexander of Chatham, Arnall, Baker, Banks, Bargeron, Black, Bloodworth of Houston, Brock, Brumby, Burch, Callaway, Cates, Claxton, Connell, Connerat, Crow, Culpepper, DeFoor, Dupree, J. H. Ennis, Gavin, Gibson, Gilbert, Greer, Griswell, Hall, Hampton, Hand, Hardy of Jackson, Hart, Hinson of Jeff Davis, Hogg, Holley, Hollis, J ennings of Sumter, Jennings of Terrell, Johns, Knabb, Lane, Lewis, Lovett, Malone, Mann of Henry, Manous, Massey, Medders, Miller, Moore, Morrison, Moye of Brooks, Nicholson, Oakley, Oden, Oliver, O'Shea!, Pannell, P'ettit, Pittman of Bartow, Pittman of Tift, Powell, Riddlespurger, Rossee, Sapp, Seagler, Sears, Smith of Bryan, Sparks, Strickland of Pike, Sumner, Thornton, Twitty, Underwood, Wells of Ben Hill, Williams of Appling, Williams of Gwinnett, Williams of Jones, Williams of Toombs, Willis, Willoughby, and Young.

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

On the passage of the bill, the ayes were 121, the nays 0.

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

SB 285. By Senator Gross of the 31st:
A bill to be entitled an act to amend Code Section 92-6215 by striking the
word "poll" in line 5 and striking the words "Are you subject to poll tax
(answer yes or no)" and inserting in lieu of said words the following: "Are you a registered voter? If so, what district?"; and for other purposes.
The following amendments were read and adopted:
Messrs. Ray of Warren, and Smith of Emanuel move to amend SB 285 by striking from line 10 of Section 2 thereof the word "salary" and by adding after the word "compensation" in line 10 a comma, and by adding after the comma and before the word "paid" the words "other than a salary."

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515

Messrs. Ray of Warren, and Smith of Emanuel move to amend Section 2 of SB 285 by adding at the end of said Section 2 the following sentence to wit:
"In counties where the tax collector or tax commissioner is on a salary, the tax collector or tax commissioner shall collect the amount due to be paid by the state under the provisions of this section, and shall pay the same over to the county treasurer for county purposes."
Messrs. Ray of Warren, and Smith of Emanuel move to amend SB 285 by striking from line 12 of Section 3 the word "salary" and by adding after the word "compensation" in line 10 a comma, and by adding after the comma and before the word "paid" the words "other than a salary."
Messrs. Ray of Warren, and Smith of Emanuel move to amend Section 3 of SB 285 by adding at the end of said Section 3 the following sentence to wit:
"In counties where the tax collector or tax commissioner is on a salary, the tax collector or tax commissioner shall collect the amount due to be paid by the state, under the provisions of this section, and shall pay the same over to the treasurer of the county for county purposes."
The following amendment was read:
Messrs. Smith of Emanuel and Ray of Warren move to amend SB 285 by adding thereto a new section to be appropriately numbered and to read as follows:
"That in no county of the state shall the tax collector, tax receiver, tax commissioner or the county be paid an amount greater than $500.00 under the provisions of this act."

On the adoption of the amendment, Mr. Smith of Emanuel moved the ayes and nays and the motion was sustained.

The vote was as follows:

Those voting in the affirmative were:

Almand Ansley Arnold Barrett Barwick Black Boynton Britton Brooke Brunson Campbell Chance Chastain Cheek

Cheshire Cowart Crowley Dallis Durden Dykes Ennis, Marion Etheridge of Butts Evitt Fortson Freeman Gammage Garrison Gary

Giddens Glisson Gowen Greens Guerry Hand Harden Hardy of Hall Harrison of Jenkins Harrison of Screven Harrison of Wayne Hatchett Hefner Herndon

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JOURNAL OF THE HOUSE,

Herrin Hicks Hill Hinson of Ware Holbrook Holleman Holloway Hooks Hurst Jackson Kelley Kenimer Kennon Kent King Lam Lancaster Littlejohn Livingston

Looper McCracken Mallard Mann of Rockdale Mason Massey Matthews of Paulding Matthews of Peach Maund Mosley Moye of Randolph Mullinax Murphy Parham Parks Pennington Phillips Porter Price

Ramey Ray Ritchie Rossee Roughton Rowland Seagraves Shields Sills Smith of Emanuel Smith of Oglethorpe Swint Thompson Thrash Trotter Watford Wells of Lincoln Williams of Ware Witherington

Those voting in the negative were:

Bloodworth of Bibb Etheridge of Fulton

McWhorter Weaver

Wilson

Not voting were: Adams, Adamson, Alexander of Carroll, Alexander of Chatham, Arnall, Baker, Banks, Bargeron, Battles, Beddingfield, Bloodworth of Houston, Brock, Brumby, Burch, Callaway, Cates, Claxton, Connell, Connerat, Crow, Culpepper, DeFoor, Dorsey of Cobb, Dorsey of White, Dupree, J. H. Ennis, Fowler, Gaskins, Gavin, Gibson, Gilbert, Greer, Griswell, Guyton, Hall, Hampton, Hardy of Jackson, Hart, Hinson of Jeff Davis, Hogg, Holley, Hollis, Hubert, Jennings of Sumter, Jennings of Terrell, Johns, Kendrick, Key, Knabb, Lane, Lewis, Lovett, McCurdy, MeN all, Malone, Mankin, Mann of Henry, Manous, Medders, Miller, Mitchell, Moore, Morrison, Moye of Brooks, Nicholson, Oakley, Oden, Odom, Oliver, O'Shea!, Overby, Pannell, Pettit, Pittman of Bartow, Pittman of Tift, Powell, Riddlespurger, Sapp, Seagler, Sears, Sheffield, Smiley, Smith of Bryan, Sparks. Strickland of Pike, Strickland of Upson, Sumner, Thornton, Twitty, Underwood, Wells of Ben Hill, Whaley, Williams of Appling, Williams of Coffee, Williams of Gwinnett, Williams of Jones, Williams of Toombs, Wilis, Willoughby, and Young.

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

On the adoption of the amendment, the ayes were 99, the nays 5 and the amendment was adopted.

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

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517

On the passage of the bill, as amended, the roll was called and the vote was as follows:

Those voting in the affirmative were:

Almand Ansley Arnold Barrett Barwick Black Boynton Britton Brooke Brunson Campbell Chance Chastain Cheek Cheshire Crowley Culpepper Durden Dykes Ennis, Marion Etheridge of Butts Evitt Fortson Freeman Gammage Garrison Gowen Guerry Hand Harden Harrison of Jenkins

Harrison of Screven Harrison of Wayne Hatchett Hefner Herndon Herrin Hill Hinson of Ware Holbrook Holleman Holloway Hurst Jackson Kelley Kenimer Kennon Kent Key Lam Lancaster Livingston Looper McCracken Mallard Mann of Rockdale Mason Massey Matthews of Paulding Matthews of Peach Maund Mosley

Moye of Randolph Mullinax Murphy Overby Parham Parks Pennington Phillips Porter Price Ramey Ray Ritchie Rossee Roughton Rowland Seagraves Sills Smiley Smith of Emanuel Smith of Oglethorpe Swint Thompson Thrash Trotter Watford Wells of Lincoln Williams of Ware Wither'ington

Those voting in the negative were:

Battles Bloodworth of Bibb Cowart Dallis Etheridge of Fulton Gary

Greene Hicks Hubert King Littlejohn McCurdy

McWhorter Sheffield Weaver Williams of Coffee Wilson

Not voting were: Adams, Adamson, Alexander of Carroll, Alexander of Chatham, Arnall, Baker, Banks, Bargeron, Beddingfield, Bloodworth of Houston, Brock, Brumby, Burch, Callaway, Cates, Claxton, Connell, Connerat, Crow, DeFoor,

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JOURNAL OF THE HOUSE,

Dorsey of Cobb, Dorsey of White, Dupree, J. H. Ennis, Fowler, Gaskins, Gavin, Gibson, Giddens, Gilbert, Glisson, Greer, Griswell, Guyton, Hall, Hampton, Hardy of Hall, Hardy of Jackson, Hart, Hinson of Jeff Davis, Hogg, Holley, Hollis, Hooks, Jennings of Sumter, Jennings of Terrell, Johns, Kendrick, Knabb, Lane, Lewis, Lovett, McNall, Malone, Mankin, Mann of Henry, Manous, Medders, Miller, Mitchell, Moore, Morrison, Moye of Brooks, Nicholson, Oakley, Oden, Odom, Oliver, O'Sheal, Pannell, Pettit, Pittman of Bartow, Pittman of Tift, Powell, Riddlespurger, Sapp, Seagler, Sears, Shields, Smith of Bryan, Sparks, Strickland of Pike, Strickland of Upson, Sumner, Thornton, Twitty, Underwood, Wells of Ben Hill, Whaley, Williams of Appling, Williams of Gwinnett, Williams of Jones, Williams of Toombs, Willis, Willoughby, and Young.
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 90, the nays 17.
The bill, having failed to receive the requisite constitutional majority, was lost.

The following report was read from the committee on conference on HR 147:
:\Ir. President and Mr. Speaker:
Your committee on conference on HR 147 begs to make the following report:
Your committee has been unable to agree. The House members have stated that at present there were not enough members in the House to adopt any amendment to the resolution and that unless the committee could recommend that the Senate recede from its position the bill would be dead. The Senate members have refused to concur in a recommendation that the Senate recede, and have stated that they prefer to let the bill die in conference rather than to submit to the Senate the question as to whether or not they desire to recede from their position on the Senate amendment.
Respectfully submitted,
Hand of Mitchell, Gowen of Glynn, Smith of Emanuel,
On the Part of the House.

By unanimous consent the committee on conference was discharged and the speaker appointed the following members of the House as a second committee on conference to the following resolution of the House to wit:
Hand of Mitchell, Harrison of Jenkins, and Gowen of Glynn.
HR 147. By Messrs. Harris of Richmond, Durden of Dougherty, and Smith of Emanuel:
A resolution proposing to amend the State Constitution to provide for a constitutional State Highway Department.

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519

The following report was read from the committee on conference on HB 780:
Mr. Speaker:
Your conference committee appointed on HB 780 has met and has been unable to agree and ask to he discharged.
Respectfully submitted, Durden of Dougherty, Weaver of Bibb, Culpepper of Fayette, On the Part of the House.
By unanimous consent the committee on conference was discharged and the speaker appointed the following members of the House as a second committee on conference to the following bill of the House to wit:
Durden of Dougherty, Arnold of Spalding, and Bloodworth of Bibb.
HB 780. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 87-203 and 87-204 of the Code of Georgia of 1933, so as to provide when counties, municipalities and political subdivisions may issue bonds, and the procedure to ascertain the number of votes cast for bonds; and for other purposes.

The following resolutions of the House and Senate were read and adopted:
HR 193. By Messrs. Connerat, Alexander and MeN all of Chatham:
A resolution extending thanks to Senators Walter F. George and Richard B. Russell, Jr., and to the ten representatives of this state in Congress for their efforts in having the International Monetary Conference hold its next meeting in the City of Savannah on March 8, 1946.

SR 76. By Senator Norton of the 33rd:
A resolution by the Senate that the Hon. Walter F. George and the Hon. Richard B. Russell, Jr., together with our Congressional delegation use their best efforts to cause the negotiation for transfer of Battey General Hospital to the State of Georgia:

Under the special and continuing order of business established by the Committee on Rules the following bills of the Senate were taken up for consideration, read the third time and placed upon their passage:
SB 272. By Senators Stone of the 15th, Gould of the 4th, and Welsch of the 39th:
A bill to be entitled an act to allow persons in the armed forces to deduct up to $1,500 from gross income in income tax returns and to exempt them from penalties for failure to file tax returns; 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 103, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 142. By Senators Causey of the 46th, and Harrell of the 7th:
A bill to be entitled an act to repeal Code Sections 34-1401, 34-1402, 34-1403 and Paragraph 7 of Section 40-601, and to reenact a new Paragraph 7 of Section 40-601 providing the Secretary of State shall furnish ballot forms and tally sheets to the ordinaries; and for other purposes.
The following substitute was read and adopted:
Committee substitute for SB 142:
A bill to be entitled an act to repeal Chapter 34-14, Section 34-1401, Section 34-1403, and Section 34-1402, relating to blank forms, tally sheets and blank lists of voters, and certificates used in the holding of elections in their entirety, and to repeal paragraph 7 of Section 40-601 of the Code of Georgia of 1933, relating to the duties of the Secretary of State as to furnishing forms of returns, certificates, directions and advice to the ordinaries with reference to holding elections, and for other purposes; and substitute for said paragraph 7 a new paragraph prescribing the duties of the Secretary of State with reference to furnishing all necessary forms for holding elections, and to enact a new paragraph to be known as paragraph 7a and 7b; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That Chapter 34-1401, 34-1402 and 34-1403 of the Code of Georgia of 1933 prescribing certain duties upon the governor relating to the furnishing of certain blank forms, tally sheets and blank lists of voters and certificates used in the holding of elections be and the same are hereby repealed in their entirety.
Section 2. That Paragraph 7 of Section 40-601 of the Code of Georgia, relating to the duties of the Secretary of State as to furnishing forms of returns ,certificates, directions and advice to the ordinaries with reference to holding elections, and for other purposes be and the same are hereby repealed in its entirety.
Section 3. That in lieu of Paragraph 7 of said Section 40-601 of the Code of Georgia of 1933 a new paragraph to be known as Paragraph 7 is hereby enacted to read as follows: "The Secretary of State shall furnish each ordinary of the state the form of official ballot, all blank forms, including tally sheets, blank lists of voters, forms of returns, certificates and directors to be used in all elections for United States Senator, Governor, Electors of President and ice-President of the United States, representatives to Congress, Secretary of State, State Treasure~, Comptroller General, Attorney General, State Superintendent of Schools, Supreme Court of Appeals, Judges of the Superior Court, Solicitors General, Public Service Commission,

MONDAY, JANUARY 28, 1946

521

Commissioner of Labor, members of the General Assembly, and county officers. The Secretary of State shall certify to the respective ordinaries the names of all candidates for national and state offices who have qualified as such as provided in Section 34-1904 of the Code of Georgia and in case there are one or more persons purporting to represent the same political party or candidate it shall be the duty of the Secretary of State to determine such as issue. The ordinaries of the respective counties shall not be required to add any other names for national and state offices on the official ballot except upon certificate of the Secretary of State.
7a. In any party polling less than 150,000 votes in Georgia in the last preceding general election for President of the United States, where contest exists as to the legal delegates to a national convention at which a nomination of candidate for the President of the United States is to be made, it shall be the duty of the Secretary of State to determine the issue and to certify the names of the legally elected delegates to the secretary of the national committee of the party interesed.
7b. The Secretary of State shall provide and keep on hand a sufficient quantity of seal-sealing envelopes of uniform appearance and suitable size, and a sufficient quantity of any of the forms above specified for use in the elections aforesaid. He shall furnish the respective ordinaries all of such forms as may be necessary, and they shall furnish all such forms as may be necessary to the justices of the peace at least five days before election day, and on failure to do so the ordinaries shall be subject to a fine not exceeding $100.00."
Section 4. 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 104, the nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolutions were read and adopted:

HR 194. By Mr. Harris of Richmond:
A resolution authorizing the Committee on Penitentiary appointed at the beginning of the 1945 session to continue its investigation of the prisons in Georgia, and to keep the House informed as to the operations of the Department of Penal Corrections.

HR 195. By Mrs. Mankin of Fulton, and others:
A resolution thanking Mr. Herman Dickert, director of the Textile Department of the Georgia School of Technology, for the socks presented to the Georgia Legislature.

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JOURNAL OF THE HOUSE,

HR 196. By Mr. Harris of Richmond:

A resolution authorizing the clerk of the House to keep his office open for a period of 20 days after the expiration of those already authorized.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following bill of the House:
The Senate has appointed a second conference committee to the following bill of the House to wit:

HR 780. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend Code Sections 87-203 and 87-204 so as to provide when counties, municipalities and political subdivisions may issue bonds and the procedure to ascertain the number of votes cast; and for other purposes.
The president has appointed on the part of the Senate a second committee of conference:
Senators Freeman of the 22nd, Johnson of the 24th, and McGinty of the 43rd.
The Senate insists on its position on the following resolution of the House:
The Senate has appointed a second conference committee to the following resolution of the House to wit:
HR 147. By Messrs. Gowen of Glynn, Harris of Richmond, Hand of Mitchell, and others:
A resolution proposing to amend the State Constitution to provide for a Constitutional State Highway Department; and for other purposes.
And the president has appointed on the part of the Senate a second committee of conference:
Senators Millican of the 52nd, Daves of the 14th, and Branch of the 47th:
The following message was received from the Senate through Mrs. Nevin, the ~ecretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HR 727. By. Mr. Hicks of Floyd:

MONDAY, JANUARY 28, 1946

523

A bill to be entitled an act to amend Section 47-801 of the Code of Georgia of 1933 relating to the notice of intention to apply for passage of local bills, by striking said section in its entirety and substituting in lieu thereof a new section to be numbered 47-801; to repeal all conflicting laws; and for other purposes.

II B 484. By Mr. Arnold of Spalding:
A bill to be entitled an act to amend Section 13-2023 of the Code of Georgia of 1933 relating to investments in securities by banks and to certain limitations so as to remove limitation as to amount of Federal Land Bank bonds which may be held by banks; and for other purposes.

H B 749. By Messrs. Bloodworth, Weaver and Wilsoh of Bibb:
A bill to be entitled an act to amend Section 58-207 of the Code of 1933 of this state relating to the seizure and condemnation of vehicles and conveyances and boats and vessels in use in this state in violation of the liquor laws of the state so as to provide new circumstances and conditions under which such vehicles and conveyances may be seized and condemned and such boats and vessels may be seized and condemned; and for other purposes.

HB 760. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend Code Section 87-301 of the Code of Georgia of 1933 so as to provide when counties, municipalities or political divisions desiring to incur a bonded indebtedness under the provisions of the Constitution shall give, after an election, notice to the solicitor general or attorney general of the result of said election; and for other purposes.

The following resolution was read and adopted:
HR 197. By Mr. Durden of Dougherty:
A resolution authorizing the speaker of the House to appoint a committee of three to notify His Excellency, the Governor, that the General Assembly has completed its work and now stands ready to adjourn sine die.
Under HR 197 the speaker appointed the following committee on the part of the House: Messrs. Harrison of Jenkins, Kenimer of Harris, and Rossee of Putnam.

The speaker addressed the House as follows:
Ladies and Gentlemen of the House:
I wish to again express to you my deep and sincere appreciation for your splendid cooperation, your hard work, and your devoted service at this session of the Legislature.
This is the first time that we have had a split session of the Legislature, and it

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JOURNAL OF THE HOUSE,

has been on an experimental basis. I think the session has proved the experiment a decided success. We have transacted more business in these fifteen days than ws usually transact in a thirty-day period of the regular session of the Legislature. This is true because of the fact that we met last J ariuary and we have had an opportunity to reflect upon the measures pending since that time and we have all had an opportunity to study state affairs with a view to the fifteen-day session.
The General Assembly deserves great credit for its work, and I believe you have initiated a new movement in Georgia which will result in a short time in giving to the people of Georgia a program of expanded services such as the people need and desire.
Several weeks ago in a letter directed to the members of the Legislature I submitted a program for adoption at this session of the Legislature. At the time it was said by some that my propos.al was a political platform. I countered at that time by saying that it was a proposed legislative program and that I proposed to enact it into law this January and to make it history instead of a political platform.
The General Assembly has enacted this program into law and, as soon as it has the approval of the governor, it will be history, with the exception of Constitutional Highway Board.
( l) In this program we have guaranteed to the people a three-year eightymillion-dollar road program.
(2) We have provided for paying the school teachers on a twelve months' basi~ and provided six hundred thousand dollars more money annually for textbooks and books for the libraries of the schools of this state.
(3) We have provided an additional million dollars a year for a program to eliminate tuberculosis in Georgia. You will recall that when we met last January that there were one hundred and twenty-five vacant beds at Alto. From this stand I called upon the director of the Department of Health and the members of the Board of Health to fill these beds and asked them to submit to the legislature a health program for Georgia. This they failed to do, and since that time we have been working in an effort to provide Georgia with a health program.
Upon my recommendation you and the Senate have made as the first objective of Georgia's health program the eradication of tuberculosis. It is now possible for us to acquire the Battey General Hospital at Rome, where we can accommodate two thousand bed patients, and you have provided the funds to finance it. This is a great step forward and it will mean a great deal to the people of Georgia who are now victims of the dreaded white scourge, and I believe will eventually result in reducing tuberculosis in this state to a minimum.
(4) In addition we have made available for the Health Department one million five hundred thousand dollars annually for a cooperative plan with the counties under the Ellis Health Law for general health work. We have specified that their first objective should be the elimination of venereal diseases in this state in addition to a general health program. This sum is sufficient to begin a real health program

MONDAY, JANUARY 28, 1946

525

in this state and it should result in building up the health and increasing the happiness and efficiency of our people.
( 5) You have provided one million five hundred dollars increase in appropriations for the state's educational and eleemosynary institutions to aid in the education of our youth and in properly treating, nursing, feeding and clothing all those who are in such institutions as the State Hospital at Milledgeville and the State Tubercular Hospital.
(6) You have launched a building program for the furnishing of adequate building and physical equipment at the state's educational and eleemosynary institutions by setting aside an annual fund of two million dollars for this purpose. In order to overcome the emergency existing at the State Hospital at Milledgeville you have authorized the State Hospital Authority to issue revenue bonds in the amount of seven million dollars to be amortized over a period of ten years out of the building funds.
This will enable us to build at Milledgeville a hospital of sufficient capacity to adequately house the unfortunate patients at that institution.
( 7) You have also made possible by an additional appropriation of one million dollars an increase of twenty per cent in the public assistance program.
(8) This House voted to submit to the people a proposal to amend the Constitution to provide for a Constitutional Highway Board to be elected by and to be emanable to the General Assembly. The Senate has amended the bill in language that is unintelligible and incapable of being put into effect and in such a manner as to leave the board amenable to the Governor. Instead of changing the present system it has adopted and left the Highway Department in the same fix that it is in now.
The governor has previously endorsed the highway bill which we passed here and the members of the Senate who attended the legislative conferences were unanimously in favor of it. Something has happened to change their minds. All of this has happened in the last two or three days.
But remember these words: The issue is not dead. The people will elect a governor who will put into effect a Constitutional Highway Board and one that will be amenable to the Legislature. The day will come when it will no the necessary for the members of the Legislature to ask: either the governor or the State Highway Board how they can vote, and it will not be necessary for the counties of this state to make political trades to get roads to which they are justly entitled.
We have gone as far as we can go at this session in the way of expanded services without increased revenue. An increase in revenue at this session was impossible in view of the governor's pledge to the people in his campaign for election not to sign any new tax bills.
You have gone further than my program in passing bills as a foundation for the advancement and progress of Georgia.
Without undertaking to name all of the things we have done we have made it

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JOURNAL OF THE HOUSE,

possible for the State Port Authority to build and finance dock facilities at the ports of Savannah and Brunswick.

You have made possible the fixing of minimum standards for hospitals in this state so as to qualify Georgia to participate m the Federal Government's proposed hospital building program.

These I mention as highlights of the many things that have been accomplished at this session.

The program which I have advocated and which you have so graciously and so generously adopted was designed specifically to get us through this year. It is not a permanent solution to our educational, health, public welfare and highway building programs. It is only the beginning. I have a notion that the program which we initiated at this session will be sufficient for several years with the exception of the program for our schools, for the building of roads, and our public assistance program.

We have also made provision by resolution for a commission to study the problems of our schools with a view to more efficiently organizing the administration of our schools and adequately financing a system of public education in this state.

It is my opinion that this commission will submit to the General Assembly when it convenes in January of next year a program that will meet with the approval of the General Assembly and the people of Georgia and, at that time, we will and should do whatever is necessary to provide the proper standards for those teaching our children and provide adequate compensation for their services. We all recognize that this is the biggest problem facing the people of our state. It is one that must be solved. It is one to which we should all devote our every energy and our every ability.

When we have worked out a proper system for the administration of our schools and divided the responsibility for financing them, we as members of the Legislature should do everything within our power to raise whatever it takes to pay the school teachers of our state compensation in keeping with the services they render to Georgia.

I believe that we have gone about it in a businesslike manner. Another proposal was presented at this session. The other proposal, if it had been passed, would have been an empty gesture and an idle promise. The school teachers of this state are in need of cash on the first of every month of the year and not idle gestures and promises.

It is my purpose, and I believe it is your purpose, to see to it that cash is provided to them instead of bad checks, and that will be our biggest problem at the session of 1947.

The road system in this state has been a disgrace for a great many years. Responsibility should not be placed upon any one individual for this condition. The lethargy of the Legislature and the people of this state is the cause of its continuation. It is a shame that we have not tackled the problem earlier but, for some reason or another, public opinion has not been sufficiently aroused to get the job done before

MONDAY, JANUARY 28, 1946

527

this. The people of our state are now aware of the conditions as they exist. They recognize that we have a rotten system and one that should be done away with.
Each of us should go home determined to see that our people are informed as to the merits of this Constitutional Highway Board and see to it that this amendment is submitted when we meet again in 1947.
The gentleman from Bibb, Mr. Weaver, introduced two bills affecting the Highway Department at this session. One of them required the Highway Department to furnish us with information as to the number of miles of roads on the Highway System in each county and the amount of money spent in each county up to this date for both maintenance and construction. He also introduced and this House passed a bill requiring that this information be furnished to the Legislature annually in the future. The purpose of these bills was to give us information to provide by law for an equal distribution of road work in the counties of our state.
I regret very much that the State Senate has seen fit to stifle all of this legislation and to block every effort to reform our Highway System and to do away with the rotton condition which has existed there for twenty years.
A little handfull of contractors and machinery people have been and are now entrenched in our Highway System, and it is time that the people of Georgia rise up and throw them out and return the Highway Board and Department to its people.
I do not know what has caused state officials and the Senate to change their minds over the week-end, but they have. The challenge now is to us to take the fight to the people of Georgia to clean out the rotten mess which exists in the Highway Department.
So far as I am concerned I accept the challenge and I ask you to join with me in taking the fight to the people.
It is time that we quit putting down concrete roads three inches in thickness when the contract calls for seven and nine inches, and it is time that we quit building asphalt roads in this state half as thick as the contract and specifications call for.
It is time that we pass a highway law in this state that will guarantee to each county in this state its full proportion of road funds. A county should get its roads as a matter of right and not be required to engage in political trades and juggling to get back its own tax money.
This bill passed the House with only one dissenting vote, and today this House unanimously disagreed to the Senate amendment to the bill setting up a Constitutional Highway Board. This sudden reversal of form is a challange to you and a challenge to me and, if we take this challenge to the people of this state, we are obliged to win.
As soon as we are able to do so we should make adequate provision for our old people. Each of us should do everything within our power to see to it that the unfair system of matching funds as required by the Federal Government is eliminated and that the Federal Government pays the same amount for each old person in this

528

JOURNAL OF THE HOUSE,

state as they do in other states, and then we should add to that amount to the fullest extent of our ability to care for the old people of this state. It can be done and should be done.
In this the closing hours of the General Assembly I wish to urge each of you to join me in a campaign to sell this program to the people of Georgia. It is not all of the things that we should do in Georgia, and I have not undertaken to try to tell you all of the things that we should do in Georgia.
But certainly these things that have been initiated in this program at this session of the Legislature are the most vital to the people of Georgia. It shall be my purpose on each occasion and at every opportunity to present this program to the people of Georgia and urge its adoption. If the members of the Legislature, as we return to our homes, will start the next day a campaign to sell this program and to build this program in the minds of the people of Georgia, we will have no difficulty in finding a solution to be enacted into law when the Legislature convenes in 1947.
Georgia is a great state. We are able to stand on our own feet. It is now possible for us to finance this program without putting any unfair burden on any class of our people and without penalizing any business in this state.
It is a great program. It is one to which the people of Georgia are entitled, and I shall do everything within my power to aid you in seeing this program through.
I will be in the State Capitol in January, 1947, in one capacity or another, and I will join you at that time in doing everything that I possibly can to carry this program through to its completion.
Under the provisions of HR 166 the speaker appointed the following members of the House: Messrs. Durden of Dougherty, Swint of Spalding and Hicks of Floyd.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate to wit:
SB 142. By Senators Causey of the 46th, and Harrell of the 7th:
A bill to be entitled an act to repeal Code Sections 34-1401, 34-1402, 34-1403 and Paragraph 7 of Section 40-601 and to re-enact a new Paragraph 7 of Section 40-601 providing the Secretary of State shall furnish ballots, forms and talley sheets to the ordinary; and for other purposes.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:

:\IONDAY, JANUARY 28, 1946

529

The Senate has adopted by the requisite constitutional majority the following resolution of the House to wit:
HR 197. By Mr. Durden of Dougherty:
A resolution by the House, the Senate concurring, that a committee of five, three to be named by the speaker of the House and two by the president of the Senate to be appointed to notify the governor that the General Assembly has completed its work and now stands ready to adjourn sine die.
The president has appointed on the part of the Senate the following senators: Senators Turner of the 35th and Deal of the 49th.

Mr. Wells of Ben Hill county, chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bill and resolutions of the House to wit:
HR 191
HR 147
HR 192
HR 197 HB 780
Respectfully submitted,
Wells of Ben Hill, Chairman.

Mr. Kent, of Glascock county, chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has read and examined the following bills and resolution of the House and have instructed me as chairman, to report the same back to the House as correct and ready for transmission to the governor:
HB 618
HB 620
HB 623
HB 624

530
HB 626 HB 627 HB 632 HB 633 HB 634 HB 636 HB 643 HB 646 HB 652 HB 654 HB 656 HB 657 HB 662 HB 664 HB 671 HB672 HB 675 HB 682 HB 684 HB 686 HB 688 HB 693 HB713 HB 716 HB 718 HB 726 HB 729 HB 735 HB 738 HB740

JOURNAL OF THE HOUSE,

MONDAY, JANUARY 28, 1946

531

HB 742 HB744 HR 167 HB 751 HB 752 HB 753

Respectfully submitted,
Kent of Glascock, Chairman.

Mr. Kent, of Glascock county, chairman of the Committee on Enrolling, submitted the following report: Mr. Speaker:
Your Committee on Enrolling has read and examined the following bills and resolution of the House and have instructed me as chairman, to report the same back to the House as correct and ready for transmission to the governor:
HB 645 HB 649 HB660 HB 661 HB 668 HB 676 HB 736 HB 739 HB 755 HB 756 HB 761 HB 785 HB 783 HB790 HB 791 HB 793

532 HR 154

JOURNAL OF THE HOUSE,

Respectfully submitted,

Kent of Glascock, Chairman.

Mr. Kent, of Glascock county, chairman of the Committee on Enrolling, submitted the following report: Mr. Speaker:
Your Committee on Enrolling has read and examined the following resolutions of the House and have instructed me as chairman, to report the same back to the House as correct and ready for transmission to the governor:
HR 66 HR 81 HR 89 HR 148 HR 151 HR 157 HR .159 HR 161 HR 166 HR 168 HR 169
HR 175 HR 184
Respectfully submitted,
Kent of Glascock, Chairman.
Mr. Kent, of Glascock county, chairman of the Committee on Enrolling, submitted the following report: Mr. Speaker:
Your Committee on Enrolling has read and examined the following bills of the House and have instructed me as chairman, to report the same back to the House as correct and ready for transmission to the governor:

MONDAY, JANUARY 28, 1946

533

HB 134 HB 216 HB 352 HB 359 HB 361 HB 368 HB 488 HB 552 HB 580 HB 601 HB 621 HB 631 HB 635 HB 639 HB 638 HB 644 HB 647 HB 651 HB 655 HB 659 HB 663 HB 666 HB 670 HB 692

Respectfully submitted,

Kent of Glascock:, Chairman.

Mr. Kent, of Glascock: county, chairman of the Committee on Enrolling, submitted the following report:
Mr. Speak:er:

534

JOURNAL OF THE HOUSE,

Your Committee on Enrolling has read and examined the following bills of the House an!i have instructed me as chairman, to report the same back to the House as correct and ready for transmission to the governor:
HB704 HB 709 HB 714 HB 715 HB 719 HB 720 HB 722 HB 723 HB 727 HB 728 HB 731 HB 733 HB 743 HB 749 HB 750 HB 757 HB760 HB 765 HB 766 HB 776 HB 777 HB 782 HB 786 HB 789 HB 792 HB 797 HB 798

MONDAY, JANUARY 28, 1946

535

HB 801 HB 802 HB 804 HB 806

Respectfully submitted,

Kent of Glascock, Chairman.

Mr. Kent, of Glascock county, chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has read and examined the following bills and resolutions of the House and have instructed me as chairman, to report the same back to the House as correct and ready for transmission to the governor:
HB 449 HB 4S4 HB 619 HB 648 HB 667 HB 732 HB 794 HR 160 HR172 HR 183 HR 192 HR164 HR 165
Respectfully submitted,
Kent of Glascock, Chairman.
The following resolution was read and adopted: HR 198. By Mr. Durden of Dougherty:
Be it resolved by the House, the Senate concurring, that the General Assembly do now stand adjourned sine die.

Under HR 198 the speaker announced the House adjourned sine die.

j j j j j j j j j j j j j j j j j j j

INDEX
OF THE
HOUSE JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
State of Georgia
AT THE
.
Adjourned Session
jANUARY 14-JANUARY 28, 1946
537

INDEX

539

Alphabetical List

HOUSE JOURNAL

A
Abbott, Lt. B. T., presented to House-----------------------------------------------------------------------------24 Abandonment of mother, to provide for offense of, HB 552--------------------------------98, 404 Absence, leaves of, granted..--------------------------------------------------------------------------------------137, 486 Accountant, to define and provide for certification and registration,
SB 207---------------------------------------------------------------------------------------------------------.369, 382, 389 Adairsville, to extend city limits, HB 710_____________________________________________ _38, 116, 189, 296
Adairsville, to provide referendum on construction of water works,
HB 71 L------------------------------------------------------------------------------------------------.38, 116, 190, 294
Adjournment of General Assembly March 3, 1945, SR 56...------------------------------------------_l
Adjournment of General Assembly sine die, HR 198_________________________________________________ _535
Airport zoning regulations, to empower municipalities and other political
subdivisions to enforce, H B 359--------------------------------------------------------------------.331, 495 Allotments, authorizing from State Emergency Fund to State Ports
Authority, HR 148-624a---------------------------------------------------------------------.20, 116, 163, 370 Allotment funds, authorizing funds for highway construction, teachers'
salaries, textbooks, health, tuberculosis hospital, institution maintenance and welfare benefits, HR 146-619a__________________________________20, 49, 127, 371, 39~
Amendment to Constitution, authorizing Fulton and DeKalb counties and City of Atlanta to issue revenue anticipation certificates for
stadium, SR 69-------------------------------------------------------------------------------------------.371, 383, 390 Amendment to Constitution, Clayton county to levy tax for fire preven-
tion, sanitation, sewage and water works, HB 763-------------------------------------------.141 Amendment to Constitution, creating a constitutional State Board of
Health, H R 170-734b..----------------------------------------------------------------- -------------------- _________ 185 Amendment to Constitution, creating a constitutional State Board of
Public Welfare, HR 169-734a________________________________________________ 107, 150, 230, 231, 470
Amendment to Constitution, pertaining to withdrawal of money from State Treasury and money paid into State Treasury, HR 152-653a___________________ _21
Amendment to Constitution, protecting the rights of the people to reelect or defeat their elective state officials, SR 27____________________96, 125, 248, 259, 323, 383
Amendment to Constitution, providing commissioners of Fulton county
may levy one ad valorem tax, SR 25-----------------------------------------------------------------------255 Amendment to Constitution, provide for a division of Spalding county
into school districts, HR 185-800a_________________________________________________________ _249, 289, 367
Amendment to Constitution, provide for 56 senatorial districts,
HR 182-788b___________:------------------------------------------------------------------------------------------.210, 255 Amendment to Constitution, provide for State Highway Department,
HR 147-621a_________________________________________________.20, 49, 129, 489, 497, 502, 509, 518, 522
Amendment to Constitution, relative to exemption of taxation of certain
property, SB 25L----------------------------------------------------------------------------.261, 299, 322, 507

540

INDEX

Amendment to Constitution, ratification or rejection and defending civil rights of citizens of state, HR 155-679a___________________________________________________________.21, 151
Amendment to Constitution, substitute county boards of education for
local district trustees, HR 179-788a---------------------------------------------------------------.210, 255 Amendment to Constitution, to provide an exemption from all taxation
on property owned by veterans' organizations, SR 58_________________________.186, 193, 290 Americus, to provide for zoning and planning, HB 665_______________________.16, 47, 122, 263
Andrews, Hon. Ellis D., presented to House---------------------------------------------------------------.296 Andrews, Mrs. Lillian, Mrs. Sparks, Robert Sparks, Bruce Sparks, to
appropriate funds for injuries, HR 177-782a_______________________________________________.176, 215
Architects, may practice if graduated from school approved by American Institute of Architects and served 2 years in armed forces, SR 278..379, 382, 390
Armed forces, abatement of income tax to include any United Nation,
SB 258. ... ----------------------------------------------------------------------------------------------186, 192, 256, 494 Armed forces, members to deduct $1,500 for income tax returns,
SB 272___ ______________________________________________________________________________________________ .211, 219, 256, 519
Athens, Board of Education to have right of eminent domain,
SB 263-------------------------------------------------------------------------------------------------152, 154, 186, 219 Athens, Board of Education to have right of eminent domain,
H B 650______ ----------------------------------------------------------------------------------------------14, 46, 121, 263 Athens, to amend charter to make mayor the chief executive, HB 628..11, 45, 119, 263 Athens, to make mayor the chief executive, SB 266___________________________.187, 192, 216, 258 Atkinson county, to fix salary of commissioner, SB 274_____________________ .291, 300, 322, 381 Atlanta, to provide airport zoning regulation, SB 295__________________________329, 382, 390, 487 Atlanta, to provide compulsory retirement at age of 65, SB 283 ........262, 301, 323, 478 Atlanta, to provide employees of Department of Law shall be under
civil service, SB 28L.-----------------------------------------------------------------------262, 300, 323, 381 Atlanta, to provide pension for widow of members of fire department
killed in army, SB 282....-----------------------------------------------------------------261, 301, 323, 478 Atlanta, to provide prevailing wage rate to be paid skilled mechanics,
SB 293------------------------------------------------------------------------------------------------.380, 383, 390, 507 Atlanta, to repeal sections 6 and 7 of charter, HB 644_________________.13, 253, 296, 470, 473
Attorney, to give notice before collecting fees upon notes, HB 720....103, 148, 266, 482
Augusta, to amend charter, HB 79L---------------------------------------------------208, 254, 298, 406 Augusta, to authorize city council to fix salary of Commissioners of
Public Safety, HB 790------------------------------------------------------------------------208, 254, 298, 406 Augusta, to prescribe time and method of electing members of city
council, HB 792--------------------------------------------------------------------------------209, 254, 298, 401 Averett, Miss Lauta, the Grey Bonnet Girl, presented to House------------------------------24

B
Baldwin county, to establish zoning and planning laws, HB 736...... 105, 182, 244, 331 Bailiffs and jurors, to fix compensation, HB 770--------------------------------------------------173, 214 Bangs and tuberculosis in animals, to match federal funds for elimina-
tion of, HB 651----------------------------------------------------------------------------------14, 46, 226, 404

INDEX

541

Banks, to subscribe for federal farm loan bonds, to remove limitation of amount, HB 484..............................................................................................95, 523
Barnesville, property owners shall pay for paving streets, HB 716....102, 214, 258, 406 Bass Junior High, ninth grade presented to House......................................................302 Bibb county, to establish pension system for employees, HB 756...... 140, 183, 218, 329 Bibb, to increase pay of secretary of coroners juries, HB 755.......... 139, 183, 244, 405 Bibb, to supplement salaries of judges of superior court, HB 626........1 1, 44, 119, 330 Bill of exception and supersedes, to amend, HB 658......................................15, 114, 239 Blairsville, to create new charter, HB 688..............................................34, 115, 156, 328 Bleckley, to provide method of distributing fines and forfeitures,
HB 804................................................................................................249, 290, 345, 491 Bloch, Hon. Charles J., presented to House.................................................................-260 Board of Corrections, to create and fix term and compensation, HB 767........141, 184 Board of Regents, to convey certain property to City of Barnesville, HB 717.. 103, 148 Bonds, when may be issued by county, municipalities or other political
subdivisions, HB 730.......................................................................................... 105, 148 Boone, Hon. Joe, presented to House............................................................................502 Brakes, on automobiles, tractors and motorcycles shall be compulsory, HB 745...... 108 Branch, Rev. Joseph M., prayer and scripture reading................................................375 Broughton, Hon. J. N ., presented to House.................................................................311 Brunswick city court, to provide executions issued not to be entered on
execution docket, HB 638....................................................................12, 45, 120, 294 Brunswick, to amend charter to close certain streets, HB 627..............1 1, 44, 119, 294 Bryan, to issue bonds for schools, HB 766.......................... 141, 173, 215, 269, 469, 471 Bryan, Hon. Wright, presented to House......................................................................220 Building and Loan Act, to make loans to veterans under Servicemen's
Readjustment Act, HB 683.................................................................................. 19, 48 Butts county, two members of board of commissioners shall constitute
quorum for transaction of business, SB 235.................................. 187, 191, 255, 298
c
Cedartown, to extend city limits, HB 636................................................ 12, 45, 120, 295 Chamblee, to enact zoning and planning laws, HB 681.......................... 18, 48, 124, 296 Chamblee, to authorize mayor and council to improve sidewalks,
HB 679....................................................................................................1 7, 48, 124, 261 Chicks, being shipped, to be tested for pullorum, HB 584............................98, 195, 483 _ Children, to regulate employment of, SB 39..........................................................134, 203 Choses in action, relating to assignment of, HB 436......................................................97 Civilian Production Administration, rescind rosin order so that it may
be sold for other than war purposes, HR 186................................................260, 303 Clarkesville high school senior class presented to House..............................................311 Clay county, to abolish tax receiver and tax collector, and create tax
commissioners, HB 649........................................................................ 14, 114, 155, 330 Clerk of House, McCutchen, authorized to correct, HB 621....................................498 Clerk of House, authorized to keep office open for 20 days, HR 196........................522

542

INDEX

Clinch county, tax receiver to be paid commission on taxes collected, HB 750................................................................................................ 109, 183, 269, 401
Clinch county, to amend act for qualification of solicitor, HB 713....38, 147, 190, 330 Clinch county, to contribute $5,000 toward construction af veterans
recreation house, HR 162-701b........................................................................39, 117 Cobb, Miss Mary Louise, presented to House................................................................24 Code Sections 87-203, 87-204, amended to provide when counties, mu-
nicipalities may issue bonds, HB 780..............175, 346, 491, 502, 504, 509, 519, 522 Colquitt, to authorize an ad valorem tax, HB 783..............................207, 253, 297, 406 College Park, to raise salary of recorder, HB 657..................................15, 46, 122, 295 Columbus, to extend city limits, HB 671....................................................19, 47, 123, 327 Columbus, to furnish local service, HB 674....................................19, 48, 123, 329, 390 Columbus, to provide absence of officer or employee of 24 months shall
not preclude them from pension, HB 660.......................................... 16, 47, 122, 296 Columbus, to provide civil service in police and fire departments,
HB 661 .................................................................................................... 16, 47, 122, 263 Columbus, to provide for recording and publication of ordinances,
HB 673.................................................................................................... 19, 48, 123, 295 College Park, to provide pension system and create pension board,
HB 672... ................................................................................................. 19, 47, 124, 328

COMMITTEES (SPECIAL)
Education committee, to investigate public school system, HR 166........................................................................ 106, 150, 195, 303, 495, 528
Executive mansion committee, to create, SB 242..................................329, 382, 389 To notify the Governor House has reconvened, HR 144....................................8, 24 To notify Governor General Assembly ready to adjourn sine die,
HR 197........................................................................................................523, 529 To notify Senate House has reconvened, HR 143......................................................7 Two from Senate, three from House appointed to investigate and
make recommendation on creating retirement system for state employees, SR 72..................................................................................................496 Penitentiary investigating committee, to continue but not to exceed thirty days in 1946, HR 194..............................................................................521

COMMITTEES (STANDING)
Amendments to Constitution No. 1..........................................39, 178, 250, 286, 389 Amendments to Constitution No. 2..........................................................................320 Appropriations......................................................................................41, 143, 285, 288 Banks and Banking....................................-.................................................................211 Conservation ........................................................................................................ 143, 176 Counties and county matters.......... 109, 145, 177,211,252,267,287,320,321,378 Education No. 1..................................................................................................212, 268 Education No. 2........................................................................................ 142, 250, 287 Engrossing........ l37, 168, 204, 205, 245, 246, 281, 282, 316, 317, 372, 373, 387.
486, 529

INDEX

543

Enrolling....................................................:.......372, 386, 485, 529, 531, 532, 533, 535
General Agriculture No. 1........................................................................................288 General Agriculture No. 2................................................................................269, 285 General Judiciary No. 1..........................................................................1 10, 144, 213 General Judiciary No. 2..........................................................110, 144, 178, 213, 286 Historical Research .................................................................................................... 177 Hygiene and Sanitation.............................................................................. 145, 180, 377 Industrial Relations .................................................................................................... 176 JournaL.................................6, 34, 102, 139, 172, 207, 248, 284, 318, 375, 388, 487 Legislative and Congressional Reapportionment......................................................42 Motor Vehicles....................................-....................................................................... 110 Municipal Government....................39, 111, 112, 179, 212, 250, 284, 319, 321, 388 Penitentiary................................................-......................................................... 177, 285 Privileges and Elections..............................................................................................212 Public Highways No. 1......................................................................................42, 181 Public Highways No. 2..............................................................................................268 -Public Property.........................................................................................J42, 180, 319 Public Welfare........................-.............................................................................41, 146 Rules........23, 24, 97, 102, 126, 139, 172, 193, 207, 242, 248, 284, 318, 325, 377, 383,
388,487,488 Special Appropriations........................................................................................213, 267 Special Judiciary..........................................................43, 145, 179, 180, 251, 288, 320 State of Republic................................................43, 112, 142, 181, 268, 287, 319, 389 University of Georgia and Its Branches............................................................41, 250 Veterans' Affairs................................................................................111, 176, 286, 318 Ways and Means........................................................42, 112, 178, 251, 287,318, 388 Confederate veterans' widows, to provide for admission to Confederate
Soldiers' Home, HB 601....................................................98, 370, 407, 483, 494, 505
Court of Appeals, shorthand writers, to provide new section relating to duties and salaries, HB 590...................................................................................... 113
Cook, Hon. Eugene, pres~nted to House........................................................................302 Cornelia High School government class, presented to House...................................... 118 Crawford Long nurses' adjustment class, presented to House....................................311 County school superintendents, shall be classified and certified under
acts of 1937, HB 580..........................................................................................302, 394 Congressmen and senators, to use best efforts for transfer of Battey
General Hospital, SR 76....................................................................................469, 519 Congressmen and senators, extending thanks for having International
Military Conference meet in Savannah, HR 193................................................519 Congressmen and senators, to use best efforts for transfer of Battey
General Hospital, HR 192................................................................................497, 512 Congressmen and senators, expressing assurance for them in their fight
against FEPC bill, HR 180......................................................................................220 Congress, to prohibit Office of Price Administration from placing price
ceiling on southern pulpwood growers, HR 172............................................133, 496 Congressmen and senators, to correct conditions caused by price ceiling
in 1946 cotton crop, H R160..............................................................................49, 496

544

INDEX

Counties and municipalities with population over 1,000 to have annual audit by C. P. A., SB 277........................................................................................402
Court of Appeals, shorthand writers, to amend laws of, SB 222........ 187, 190, 216, 407 Court bailiffs and jurors, to regulate pay,HB 731..............................105, 149, 228, 503 County boards of education, to have all powers now vested in school
trustees in conformity with new Constitution, HB 793................209, 254, 337, 489 Counties, constituting school district of exclusive or independent school
district to issue bonds for school purposes, HB 779......................................175, 337 Conyers, mayor and council to construct recreation facilities,
HB 752................................................................................................ 109, 183, 244, 327

D
Dalton, to extend city limits, HB 623........................................................ 10, 44, 118, 295 Darien, to provide for closing certain streets and sale of, SB 268...... 188, 193, 216, 258 Dawson, to provide zoning and planning laws, HB 761......................140, 184, 218, 329 Dawson, to provide zoning and planning regulations, SB 276............261, 300, 322, 380 Dearing, to provide for construction of water works system,
HB 646.................................................................................................. 14, 114, 155, 294 Decatur, to establish recorder's court, HB 742....................................107, 182, 217, 327 Decatur, to pay pension to officers and employees, HB 744................ 108, 183, 217, 327 Decatur, to provide assessment of property on side of street for sewers,
HB 743................................................................................................ 107, 182, 217, 328 DeKalb county, election of representative for House........................................................7 DeKalb county, to provide for sale of fireworks, HB 680....................18, 115, 199, 293 DeKalb county, to provide method for levying taxes, HB 684................19, 49, 159, 512 DeKalb High School, senior class presented to House................................................260 DeKalb superior court clerk, to install photostatic equipment,
HB 682,................................................................................................ 18, 115, 200, 331 Department of Education, to receive appropriation to increase teachers'
salaries, HB 768..................................................................:....................... 172, 173, 289 Department of Forestry, director to lease certain lands to Richmond
county, HR 149-633a..........................................................................20, 176, 185, 304 Department of Forestry, expenditure of federal funds, HB 670............18, 47, 169, 405 Department of Forestry, to establish air patrols for forest fires, SR 66............293, 302 Deepartment of Law, to be reimbursed for expenses incurred in freight
rate litigation, HR 95................................................................................................ 149 Department of Public Welfare, to provide institution for treatment of
inebriates, SR 65........................................................................................292, 301, 380 Dickert, Hon. Herman A., extended thanks for socks, HR 195................................521 Divorce and alimony cases, to provide for procedure and jurisdiction,
HB 772................................................................................................................ 174, 215 Divorce, total can be granted upon verdict of one jury, HB 689..................................34 Divorce laws, to provide for trial with or without jury, HB 641........................ 13, 113 Divorce laws, to revise, SB 262..............................................................211, 219, 290, 407 Dodge county, to provide all expenses of Superior Court and City Court
of Eastman shall be drawn on county treasurer, HB 774............................174, 215

INDEX

545

Dooly, to provide salary for sheriff, SB 238..........................................293, 299, 321, 478 Doves, open season for shooting in South Georgia, HB 687........................................34 Driving, reckless, defined, HB 747.................................................................................. 108 Dublin, city court, to fix salary of judges and solicitor general,
HB 739................................................................................................106, 182, 270, 406 Dublin Judicial Circuit, to fix salary of solicitor general, HB 738....106, 182, 270, 406

E
East Point, to provide pension system for employees, HB 786............208, 253, 297, 401 East Point, to provide retirement system for employees, HB 700........................36, 116 Election, to provide for method of issuance of revenue certificates,
HB 760................................................................................................ 140, 184, 348, 523 Executive Mansion Committee, to create, SB 242........................................329, 382, 389

F
Farm gasoline and kerosene, to be exempt from tax, HB 367.... 136, 151, 167, 198, 204 Farmers' gasoline tax refund, to pay refunds, HB 733........................ 105, 149, 224, 403 Ferguson, Hon. Robert, presented to House..................................................................477 Fitzgerald, to provide zoning and planning laws, SB 243....................292, 299, 322, 381 Foreign corporations, to provide terms for doing business,
HB 765........................................................................................ 141, 184, 341, 504, 510 Foreign insurance companies, to provide for venue of suits, HB 703................37, 147 Forrest, Nathan B. School, sixth grade presented to House........................................341 Fortune-telling, phrenology, clairvoyance may be taxed by county com-
missioner, HB 775..............................................................................................174, 253 Foster, Hon. Sedwick, presented to House....................................................................373 Fowler, James, governor to reconvey certain land in Treutlin county to,
HR 159-699a........................................................................................38, 150, 224, 370 Franklin county, to increase salary of tax commissioner, HB 664........ 16, 114, 155, 330 Fraternal benefit societies, to provide for conversion into life insurance,
HB 352......................................................................--------------------------------------------96, 404 Fulton county, sheriff to appoint chief deputy, HB 787..--------------~-----------208, 253, 297 Fulton county, to adopt regulations for prevention of fire and protection
of property against fire, HB 488.-------------------------------405 Fulton county, to amend civil service to provide secretary and chief
deputy will not be classified as employee, HB 788................................208, 254, 297 Fulton county, to amend pension and retirement tund, SB 257..153, 154, 256, 324, 484 Fulton county, to change time for holding election of commissioners,
SB 256.--------------------------------152, 154, 256, 507 Fulton county, to establish civil court laws, to provide uniform cost bill,
HB 668........--------------------------------------18, 47, 123, 471, 509 Fulton county, to establish parks and recreation commission, SB 216_______________________.258
Fulton county, to establish rules governing payment to county employees,
SB 25 1----------------------------------------------------------------------------------187, 192, 255, 299 Fulton county, to fix salary of clerk of superior court, SB 254.......... 152, 153, 256, 479

546

INDEX

Fulton county, to fix salary of ordinary, HB 666.................................... 17, 114, 342, 400 Fulton county, to fix salary of ordinary, SB 253.......................... 152, 154, 256, 479, 490 Fulton county, to furnish aid and pension to police department,
SB 259.................................................................................................. 153, 154, 256, 481 Fulton county, to provide county commissioners shall fix salaries of
clerk, sheriff, ordinary, tax collector and tax receiver, HB 777..1 75, 215, 342, 401 Fulton county, to provide for appointment and removal of members of
board, SB 270......................................................................................261, 302, 322, 381 Fulton county, to provide for county manager form of government,
SB 250.......................................................................................................... 187, 192, 380 Fulton county, to provide for parental schools, HB 797..............................209, 343, 401 Fulton county, to provide for retirement of judges of criminal and civil
courts, HB 647........................................................................................14, 46, 120, 400 Fulton county, to provide for voting machines, HB 723...................... 104, 182, 245, 401 Fulton Superior Court, to fix salary of bailiffs, SB 255...................... 152, 154, 256, 481

G
General Assembly, to adjourn sine die Monday, January 28, 1945, 5:00 P.M., SR 71 ................................................................................................................402
General Assembly, to provide for lOY,c per mile for attending adjourned session, HB 718............................................................103, 127, 148, 200, 407
Georgia Bar Association, to investigate charges of unlawful practice of law, HB 639..........................................................................................13, 113, 270, 482
Georgia Military Academy, board of trustees to give 30 days notice for election of trustees, HB 798............................................................209, 254, 344, 497
Georgia National Guard, to match federal funds for construction of armories, HB 709................................................................................37, 147, 228, 379
Georgia Vocational School, to appropriate sum for erection of building at, HB 799............................................................................................................248, 291
Gholston, Hon. J. Knox, inviting him to address General Assembly, SR 13-66a...................................................................................................................... 165
Gholston, Hon. J. Knox, addressed General Assembly................................................260 Glover, Mrs. J. H., appropriate $3,000 for death of husband,
HR 184, 797a..............................................................................................210, 313, 482 Goulds Inlet, name of inlet between St. Simons and Sea Island,
HR 175-767a......................................................................................142, 185, 315, 470 Governor, address to General Assembly on January 14, 1946....................................25 Governor, message through secretary.............................................................................. 117 Governor, authorized to trade land owned by state for land adjoining
state park in Dade county, SR 63....................................................292, 301, 323, 479 Governor, shall keep book of commissions, HB 724............................................104, 148 Governor, to appoint two members of General Assembly to tour war-
torn countries and make report, SR 75............................................................490, 498 Governor, to execute deed to certain lands in Glynn county to Boys'
Estate, Inc., HR 151-644a........................................................21, 150, 304, 402, 471

INDEX

547

Governor, to fix salaries of directors of Forestry, Mines, Mining and Geology, State Parks, Historical Sites and Monuments,
HB 719......................... -----------------------------------------------------------------------103, 148, 315, 489 Governor, to trade certain land owned by state for 121_0 acres in Dade
county, HR 174-757a.......................................................................................... 141, 185 Government war bonds, to amend general tax act on, HB 704..........37, 116, 166, 405 Griffin, Adjutant General Marvin, presented to House................................................24 Griffin Judicial Circuit, to fix salary of court reporter, HB 631.......... 11, 45, 199, 491

H
Hagan, Hon. Elliott, presented to House........................................................................49 Hall, I. H., expressing sympathy, HR 188....................................................................477 Hall county, may levy tax to pay salaries for working and repairing
public roads, HB 782................................................................................ 175, 342, 401 Hapeville, to extend city limits, HB 706..................................................................37, 116 Harris, Speaker Roy V., condemning attack made on Speaker in a hand-
bill circulated in capitol, HR 178............................................................................188 Harris, Speaker, addresses the House......................................................................523-528 Hart county, to create commissioners of roads and bridges and board of
finance, HB 676.................................................................................... 17, 146, 189, 331 Hart county, to repeal act creating board of commissioners, HB 675....19, 46, 189, 328 Hendrie, Capt. Mike Y., presented to House................................................................407 Henry county, to divide into districts for election of members of board
of commissioners, HB 785........................................................................207, 253, 297 Herty, Charles H. Memorial Association, to erect a monument on
capitol grounds, HR 168-721a..........................................................l07, 150, 315, 495 Highways, laws amended, HB 746.................................................................................. 108 Highway Department of Georgia, to publish statement of highway con-
struction in each county, HB 637................................................................ 12, 45, 133 Housing authorities, to clear slums and acquire real property for re-
development, HB 667....................................................................17, 47, 165, 504, 511

I
Ila, to create charter for, HB 735.......................................................... 105, 182, 217, 328 Insurance companies, shall file reports with insurance commissioner, HB 773 ........174

J
Jackson High School civics class presented to House....................................................296 Jackson, to define corporate limits, SB 273............................................281, 300, 322, 380 Jacksonville, to extend city limits, HB 691..............................................35, 115, 156, 294 Joint session, to hear message from Governor, HR 145............................................8, 24 Joint session, convene to hear Hon. J. Knox Gholston, HR 181........................220, 257 Jones, Hon. Alfred, presented to House........................................................................220 Jones, C. R., appropriate $106.25 for corn destroyed by fire, HR 176................ 174, 291

548

INDEX

Jurors, grand and traverse, to be selected from resident citizens, SB 261-.......214, 219 Jury duty, to provide persons claiming exemptions because of age to
notify commissioners, HB 725.............---------------------------------------------------------------------104 Justices of peace, to convey jurisdiction in actions in trover and bail
trover, HB 776.-------------------------------------------------------------------------------------------174, 349, 512
K
Kendrick, Cicero, expressing sympathy to, HR 171......................................................132 Kentucky legislation, to liberalize size and weight limitation for motor
vehicles, HR 189....................--------------------------------------------------------------------------------------477 Kingsbury School sixth grade presented to House..........................................................331

L
LaGrange, to provide new tax rate for educational purposes, SB 248....----------------------------------------------------------------------------------------------136, 153, 185, 218
Lam, Lt. E. M., presented to House................................................................................24 Laurens county, to place clerk of superior court, sheriff and deputies on
salary instead of fee basis, HB 784........................................................207, 784, 342 League of Women Voters of Muscogee county presented to House............................49 Limitation of seven years for prior officers to collect cost from fines
and forfeitures, H B 769............------------------------------------------------------------------------173, 214 Local legislation law, amended relative to notice given, HB 727........ 104, 148, 335, 522
Me
McDonald, Mr. and Mrs. J. W., to compensate for injuries received by infant son, HR 89-562a---------------------------------------------------------------------------------99, 404
McEachern, John School, junior and senior classes presented to House................302 Mcintosh county, to pay additional salary to judge and solicitor general
of Atlantic Judicial Circuit, SB 104....-------------------------------------------------------------------.288 1\lclntosh county, to supplement salary of judge and solicitor general of
Atlantic Judicial Circuit, SB 279....................................................292, 300, 322, 478

M
Macon, to give fee simple title to certain property now used by city, HB 652............----------------------------------------------------------------------------------------15, 46, 121, 294
Macon Municipal Court, to provide for procedure in court and method of appeal, HB 634....-----------------------------------------------------------------------------12, 45, 120, 296
Madison, to provide for extension of water works, HB 632.................. 12, 45, 119, 294 Marriage licenses, to require examination for venereal disease, HB 695............35, 220 Memt;nial park, establish for Georgia veterans, HR 161-700a............38, 117, 166, 370 Merit system, for employees of state, SB 234........................................257, 259, 290, 491 Meriwether Superior Court, to require deposit when filing divorce,
HB 740..---------------------------------------------------------------------------------------------106, 182, 244, 406

. INDEX

549

Metal clamps, tags, hooks, etc., to prohibit use of on feed bags, HB 440____________________99 Milan, to appoint city treasurer, HB 708._______________________________________________37, 116, 156, 296
Moreland School sixth grade presented to House------------------------------------------------------.341 Milk Control Board, to amend act, HB 800---------------------------------------------------------.248, 291 Moore, E. B., payment of pension, HR 156-680a----------------------------------------------------------.21 Morgan county, to provide pay to board of commissioners, HB 633....12, 113, 155, 327 Motor common carriers, to limit granting of certificates,
HB 690----------------------------------------------------------------------------------------.35, 115, 165, 302, 393 Municipalities, to annex existing corporate limits adjoining land upon
written consent of owners, HB 757------------------------------------------------140, 186, 345, 495

N
N apsonial School seventh grade, presented to House--------------------------------------------------.341 Nolo contendere plea, may be entered in all criminal cases, HB 479________________95, 503 Nonresident administrators and executors, to provide for venue of suits,
etc., H B 707---------------------------------------------------------------------------------------------------------.3 7, 147 Notaries public, shall be appointed by judge of superior court, SB 122---------------------.288 Nurses, board of examiners, to lower age limit of nurses, HB 655....15, 146, 202, 404

0
Oconee Judicial Circuit, to provide method of distribution of fines and forfeiture, H B 721----------------------------------------------------------------------------------------------103, 290
Oliver, Capt. E. E., presented to House------------------------------------------------------------------------.24 Optometrist, licensed, to prohibit from practicing with persons not li-
censed optometrist, HB 522--------------------------------------------------'---------------------------------------169 Orders read and filed--------------------------------------------------------------------------------------------------------------9 Ordinaries, to provide salary in certain counties of population 4,000 to
10,000, H B 803-------------------------------------------------------------------------------------------.249, 289, 345
p
Pannell, Hon. Charles A., congratulations on birth of a son, HR 187_______________________ _324 Pardon and Paroles, not granted until ten-day notice of application of
felony prisoner, HB 599------------------------------------------------------------------------------------------.332 Pelham, to amend charter to provide tax for school purposes, HB 624.. 10, 44, 118, 261 Perryman, Justice C. J ., presented to House..---------------------------------------------------------------.311 Persons missing under circumstances leading to conclusion they are
dead, to provide for appointment of conservation, HB 640____________________ 13, 113, 240
Pharmacists, to provide new qualifications, HB 712-------------------------------------.38, 147, 169 Poll tax, to amend code section thereof, SB 285.------------------------------------------.292, 301, 514 Pooler, to establish legislative. charter, HB 656--------------------------------------.15, 46, 121, 328 Poultry flock owners, to purchase sulfa-quanadine and sulfa-thiozol,
HB 802----------------------------------------------------------------------------------------------.249, 289, 366, 495 Poultry, to promote the industry of, SB 271.._____________________________________.211, 219, 410, 490
Public parking places, to be maintained by state, HB 362----------------------------------------------96



550

INDEX

R
Recreational facilities, to authorize counties, cities, towns to issue revenue certificates for, HB 759...-------------------------------------------------------------------------140, 184
Recreational facilities, to authorize counties, cities, towns to issue revenue certificates for, H B 759--------------------------------------------------------------------------J 40, 184
Recreation systems, to be constructed by counties, municipaliti~s, HB 794-------------------------------------------------------------------------------------------------------209, 316, 484
Reed, Dr. T. W., presented to House--------------------------------------------------------------------412 Report from Supreme Court of Georgia-------------------------------------------~-50-90 Reports of the Senate-House Committee on lnstitutions.....-------------------------412-469 Reese, Hon. Cleveland, presented to House.-------------------------------------------.373 Riches, Piver Company, to receive payment for balance due, HR 66-458c..99, 309, 470 Richmond county, to levy and assess occupation taxes, HB 753.......J39, 183, 218, 331 Richmond County Reformatory Institute to be changed to Richmond
County Juvenile Institute, HB 806.-----------------284, 324, 380, 497 Rockdale county, to construct recreation facilities, HB 751................ 109, 183, 243, 330 Rome, to provide civil service for city employees, HB 701....................36, 116, 156, 294 Rome City Court, to increase salary of judge, HB 722.............. 103, 148, 190, 295, 395 Roosevelt, Franklin, Warm Springs Memorial Commission, to appro-
priate sum, HB 715.........-------------------------102, 126, 147, 222, 403 Roosevelt, Franklin D., Warm Springs Memorial Commission, to
create, H B 714...........----------------------------------102, 147, 223, 403 Roughton of Washington, addressed the House...--------------------------------373 Runover provided where candidates do not receive majority of votes,
H B 737-------- .. ------ ---- ... ----------- ----------- ----............. 106, 149
s
Saint Mary's, to extend city limits, HB 729.........................................J04, 182, 216, 328 Savannah, authorize mayor and aldermen to extend water jurisdiction,
HB 678--------------------------------17, 48, 157, 262 Savannah, to provide for group insurance, HB 805..................................................... 284 Savannah, to provide group insurance to city employees, HB 754...................... 139, 150 School, compulsory attendance, courts of ordinary shall try and impose
sentence for violation of, H B 696..............................................................36, 115, 304 Secretary of Senate and clerk of House, to include the reports of the
Senate-House Committee on Institutions in Journal as appendix,
SR 67 --------------------------------412, 469 Secretary of State, shall furnish ballots, forms and tally sheets to or-
dinaries, SB 142...............................---- ------------------------------215, 520, 528 Seminole county, to fix time for holding superior court, SB 246........ 152. 153, 255, 481 Senatorial districts, to create the 53rd district, HB 621.. 10, 44, 159, 378, 396, 482, 498 Senatorial district, to create 54th district, HB 697..........................................................36 Shepherd, Lt. C. G., Jr., presented to House......----------------24 Silvertown, to incorporate, SB 26L. .................--------------------187, 192, 216 Smiley, Hon. Rufus K., presented to House--------------------------------407

INDEX

551

Smyrna High School, ninth grade, presented to House..--------------------------------------------.302 Speaker, clerk and assistants, postmistress and assistant, seven members
of committee on auditing, engrossing, enrollment, be authorized and directed to stay over at capitol for ten days after adjournment, HR 190..........487
Speaker Harris, addresses the H ouse..-------------------------------------------------------------------523-528 State aid system, to have mileage added in Clinch, Atkinson, Coffee and
Jeff Davis counties, SB 280....................---------------------------------------------------------.262, 300 State auditor, provide an allowance in lieu of actual hotel and sub-
sistence, HR 167-713b....------------------------------------------------------------------.106, 185, 313, 483 State Board of Control, to regulate commercial colleges and business
schools, HB 694-------------------------------------------------------------------------------------------------------------.35 State Board of Corrections, to assign misdemeanor prisoners, HB 796....................209 State Board of Corrections, to create, SB 284........................................257, 259, 290, 494 Staate Board of Corrections, to designate where prisoners will be con-
fined, HB 795 --------------------------------------------------------------------------------------------------------------209 State Board of Health, to license hospitals and make rules for operation,
HB 732---------------------------------------------------------------------------------------105, 149, 233, 403, 475 State Board of Social Security, to purchase land adjacent or near lands
already under control of said board, HB 134-----------------------------------------------------------404 State Board of Embalming, to have seven members, SB 290................................369, 382 State College of Agriculture, to appropriate sum for school of veterinary
medicine, H B 630.................. ---------------------------- .... --------- .. -------- ...... ___ ... -------------------- ..... 11 State College of Agriculture, to establish school of veterinary medicine,
HB 629........--------------------------------------------------------------------------------------------------------------------11 State Department of Veterans Service, to create, SB 241.................... 186, 191, 322, 498 State Employees, to provide pension system for, HB 228............................................350 State Highway Department, to designate limited access facilities, HB 464..........95, 97 State highway legislation, committee to make a study of, HR 191............................487
State Highway Patrol, to fix pay, HB 653-----------------------------------------------------------------------15 State Highway Patrol, to fix pay and subsistence, HB 654............15, 46, 164, 402, 471 State Highway Commission, to prepare and publish a statement on num-
ber of miles of highway paved and amount spent in each county, HR 158-68Sa__________________________________________________________________________________________________22, 49, 133
State Hospital Authority, to amend, HB 618........................................9, 43, SO, 129, 481 State officials and employees, to prevent soliciting members of General
Assembly to vote for or against any bill, HB 762........................................ 141, 184 State Ports Authority, to amend for maintenance of state docks,
HB 620---------------------------------------------------------------------------------------------------10, 44, 161, 370 State Properties Commission, to sell a tract of unused marsh land in
Chatham county, HR I 50-641 a-------------------------------------------------------------------------.20, 149 State Properties Commission, to sell two acres of land in Muscogee
county, SR 20.------------------------------------------------------------------------------------.292, 301, 323, 479 State Revenue Commissioner, to limit time may pay interest on tax
refunds, H B 781 ................----------------------------------------------------------------------------------175, 253 State Revenue Commissioner, to limit time he may pay interest on tax
refunds, SB 288.-------------------------------------------------------------------------------.371, 382, 390, 513 State Treasurer, assistant, to be appointed by treasurer, HB 659.. 16, 47, 161, 371, 392

552

INDEX

Stephens county, to fix salary of judge and solicitor general of city court, SB 239......................................................................................136, 153, 185, 218
Stop signs, erected at intersection of roads by State Highway Department to be legal signs, HB 473..................................................................................99
Superior court clerks, to fix compensation for, SB 289................................291, 301, 323 Superior court clerks, to receive $1.00 for each recording of enlistment
or discharge records from the state, HB 166........................................................472 Superior court clerks, to receive $10 fee in proceeding for adoption of
children, HB 758................................................................................................ 140, 183 Superior court clerks fees, to fix, HB 635.............................................. 12, 113, 167, 379 Superior court judges, to provide retirement fund for, HB 648..........14, 114, 307, 489 Supreme Court, ratify rules for practice and procedure for repeal or
review in cases, HR 164-703a....................................................39, 117, 263, 476, 484 Supreme Court, ratify rules governing procedure, pleading and practice
in civil proceeding, HR 165-704a................................................39, 117, 265, 477, 484 Supreme Court, ratifying rules adopted for admission of documents and
for pretrial conferences in cases, HR 163-702a........................................39, 117, 265 Supreme Court, shorthand writers, to amend rules of, SB 219........ 151, 153, 185, 407 Syphilis, to test Georgia citizens for, HB 734........................................................105, 127

T
Tax assessors, shall be elected by grand jury, HB 699..................................................36 Tax collectors, to change amount of commission paid on taxes col-
lected, H B 778.................................................................................................... 175, 253 Tax of stated millage may be levied in certain counties without specify-
ing the stated purpose, HB 789...------------------------.208, 254, 342, 491 Tax on gasoline, used for farming free of tax, HB 622.......................................... 10, 44 Taxation, to define what property shall be exempt, HB 642.................................... 13, 45 Taxing authorities, to levy tax for paying salaries of county agents and
home demonstration agents, HB 677.................................................................... 17, 48 Teachers' pensions, cities to levy tax for paying, HB 728..................104, 148, 200, 403 Telfair county, to provide for deputy clerk of superior court,
HB 692..................................................................................................35, 115, 200, 369 Terrell, H. E., Jr., authorizing Budget Bureau to pay $4,404.75 for
injuries, HR 157-68b............................................................................21, 215, 305, 404 Thomasville, to extend city limits, SB 269............................................ 186, 193, 216, 259 Thunderbolt, to provide for zoning ordinances, HB 643........................13, 46, 120, 263 Tolbert, Mrs. Wheeler, presented to House................................................................311 Troup county, to provide for holding four terms of superior court,
HB 669.................................................................................................... 18, 47, 123, 263 Troup county, commissioners can assess business license outside in-
corporated towns, HB 662.......................................................................... 16, 114, 199 Truck trailers or semi-truck trailers, to decrease fee of, HB 705......37, 116, 166, 304 Trust funds, common, to create, HB 625................................................................11, 214 Tybee, to extend city limits and provide for zoning, HB 645 ................ 14. 46, 121, 260

INDEX

553

u

Underwood, U. S. Hon., expressing sympathy to, HR 173.......................................... 137 University System of Georgia, memorializing Chancellor Steadman V.
Sanford, HR 154..................................................................................................22, 496 University System of Georgia, to define statue of regents, SB 247....167, 191, 255, 407 Unsold revenue certificates, to be destroyed, HB 702............................................36, 146

v

Vehicles, method of condemning used to transport illegal liquor, HB 749................................................................................................ 108, 149, 234, 523
Vereen Bell Highway, named in honor of author of "Swamp Water", HR 183-788c................................................................................................210, 368, 496
Veterans, disabled, exempt from business and peddlers' licenses, to include veterans of Philippine Insurrection and Boxer Rebellion, SB 224.......................................................................................................... 188, 191, 290
Veterans, holding certificate of exemption may own and operate rolling stores, SB 249.............................................................................................. 192, 205, 290
Veterans, shall have until June 30 following discharge to buy drivers license, HB 748............................................................................................................ 108
Veterans, to provide manner and time veterans of World War II may deduct federal net income taxes from state income taxes, SB 244...... 191, 205, 255
Veterans discharge certificates, to require clerks to issue certified copies of, HB 741 .................................................................................................. 107, 149, 374
Veteran of armed forces, who has 100% disability, may conduct business or peddle without license, HB 764....................................................................141, 184
Veterans of World War II, loans to simplify by Congress, HR 128........................ 184 Victory Drive, naming four-lane highway, HR 153-659a......................................21, 185 Voters, not on current qualified list of 1944, must qualify to vote,
SB 260........................................................................................293, 300, 322, 500, 512

w

Ware County Hospital Board, to operate Ware County Hospital, HB 726................................................................................................ 104, 182, 216, 330
Warm Springs, to establish new charter, HB 686..................................34, 115, 155, 328 Waycross, to establish public school system, HB 685..............................20, 49, 124, 263 Wells, Dr. Guy, presented to House..............................................................................302 Western and Atlantic Railroads rentals, to be set aside for building
ports at Savannah and Brunswick, HB 619........................................ 10, 44, 162, 369 Wheeler county, to provide for disposition of fines and forfeiture in
superior court, HB 693........................................................................35, 146, 199, 330 Wills, executed in another state according to laws of that state, shall
constitute muniments of title, HB 663 .............................................. 16, 114, 348, 513 Wood, Hon. George, speaker of the House of Representatives of Tennessee............49 Woodbine, to provide zoning regulations, HB 801..............................249, 289, 324, 401

554

INDEX

Wooten, Mrs. Dock Harrison, to be paid $5,000 for the death of her husband, H R 81 ..................................................................................................311, 482
\Vorkmen's compensation act, to include the disease known as silocosis,
H B 216. -------------------------------------------181, 270, 403 Workmen's compensation, to provide medical reports shall be sent by
employer to each claimant, HB 698............................................................................36 Workmen's compensation act, to provide salaries so that members of the
board shall be fixed by the governor, HB 478......................................113, 238, 370 Workmen's compensation, to provide verified copies of medical reports
shall be sent to claimant, H B 771............................................................................ 173 World Federation, approving principle of, SR 70................................................292, 302
z
Zoning ordinances, to enact, HB 368........................................................................95, 503 Zoning and planning ordinances, to enact in counties, HB 361........................24, 90, 503

Numerical Index
IIOUSE JOURNAL
(For General Index see Page 539)
House Bills
HB 134, State Board of Social Security, to purchase land adjacent to near lands already under control of said board--------------------------------------------404
HB 166, Superior court clerks to receive $1.00 for each recording of enlistment or discharged records of service men from state____________________ __472
HB 216, Workmen's Compensation Act, to amend to include disease known as silocisis within the terms of injury______________________________ 181, 270, 403
HB 228, Pension system for employees for State of Georgia___________________________________ _350 HB 352, Fraternal benefit societies, to provide for conversion into life
insurance ------------------------------------------------------------------------------------------------------96, 404 HB 359, Airport zoning regulations, to empower, direct and enforce
by municipalities, political subdivision____________________________________________________331, 495 HB 361, Zoning and planning ordinances, to enact in counties_____________________ _24, 90, 503 HB 362, Public parking places, to be maintained by state--------------------------------------------96 HB 367, Gasoline and kerosene used on farms to be exempt from
taX--------------------------------------------------------------------------------------136, 151, 167, 198, 204 HB 368, Zoning ordinances, to enact-----------------------------------------------------------------------95, 503 HB 436, Choses in action, relating to assignment of-----------------------------------------------------97 HB 440, Metal clamps, tags, hooks, etc., to prohibit use of on commer-
cial feed bags..------------------------------------------------------------------------------------------------------99 HB 464, State Highway Department, to designate limited access facilities __________95, 97 HB 473, Stop signs, erected at intersection of roads by State Highway
Department to be legal signs..--------------------------------------------------------------------------99 HB 478, Workmen's Compensation Act, to amend to provide salaries
of members of board shall be fixed by governor__________________________} 13, 238, 370 HB 479, Nolo contendere plea may be entered in all criminal cases__________________95, 503 HB 484, Banks to subscribe for Federal farm loan bonds, to remove
limitation of amount------------------------------------------------------------------------------------95, 523 HB 488, Fulton county, to adopt regulations for prevention of fire and
protection of property and lives against loss in unincorporated areas --------------------------------------------------------------------------------------------------------------------405 HB 552, Abandonment of mother, to provide for offense of________________________________98, 404 l-IB 580, County superintendents of schools shall be classified and certified under the provisions of Act of 1937; State Board of Education shall fix salaries of.--------------------------------------------------------------.303, 394
555

556

INDEX

HB 584, Chicks, being shipped to be tested for pullorum____________________________98, 195, 483
HB 590, Shorthand writers in Court of Appeal, to provide duties and salaries ___------ _________---- ____---- __ ---------- ____ --- ______ -- ___ --- _______________________________________________.. 113
HB 599, Pardon and parole cannot be granted without posting of 10
days notice on courthouse-------------------------------------------------------------------------------.332 HB 601, Confederate veterans' widows, to provide for admission to
Confederate Soldiers' Home____________________________________98, 370, 407, 483, 494, 505
HB 618, State Hospital Authority, to amen~--------------------------------------9, 43, 50, 129, 4Sl HB 619, Western & Atlantic Railroads rentals, to be set aside for
building ports at Savannah and Brunswick______________________________ lQ, 44, 162, 369
HB 620, State Ports Authority, to amend for maintenance of state
docks------------------------------------------------------------------------------------------------10, 44, 161, 370 HB 621, Senatorial districts, to create the 53rd
District------------------------------------------------------------------10, 44, 159, 378, 396, 482, 498 HB 622, Tax on gasoline used for farming free of tax__________________________________ lO, 44, 169
HB 623, Dalton, to extend city limits--------------------------------------------------------10, 44, 118, 295 HB 624, Pelham, to amend charter to provide tax for school
purposes------------------------------------------------------------------------------------------10, 44, 118, 261 HB 625, Trust funds, common, to create----------------------------------------------------------------11, 214 HB 626, Bibb county, to supplement salaries of judges of superior
court.---------------------------------------------------------------------------------------------11, 44, 119, 330 HB 627, Brunswick, to amend charter to dose certain streets______________ ll, 44, 119, 294
HB 628, Athens, to amend charter, to make mayor the chief
executive--------------------------------------------------------------------------------------.1 1, 45, 119, 263 H B 629, State College of Agriculture, to establish school of veterinary medicine ____ }} HB 630, State College of Agriculture, to appropriate sum for school of
veterinary medicine --------------------------------------------------------------------------------------------11 HB 631, Griffin judicial Circuit, to fix salary of court reporter_______ _}}, 45, 199, 491 HB 632, Madison, to provide for extension of water works_________________ J2, 45, 119, 294
HB 633, Morgan county, to provide pay to board of commissioners.J2, 113, 155, 327 HB 634, Macon Municipal Court, to provide for procedure in court,
and method of appeaL----------------------------------------------------------------.12, 45, 120, 296 HB 635, Superior court clerks' fees, to fiX----------------------------------------------12, 113, 167, 379 HB 636, Cedartown, to extend city limits-----------------------------------------------.12, 45, 120, 295 HB 637, Highway Department, to publish statement of highway con-
struction in each countY-----------------------------------------------------------------------.12, 45, 133 HB 638, Brunswick City Court, to provide execution issued not to be
entered on execution dockets------------------------------------------------------12, 45, 120, 294 HB 639, Georgia Bar Association, to investigate charges of unlawful
practice of law----------------------------------------------------------------------------13, 113, 270, 482 HB 640, Persons missing under circumstances leading to conclusion
they are dead, to provide for appointment of conservator_________ J3, 113, 239 HB 641, Divorce laws, to provide for trials with or without jury____________________ 13, 113 HB 642, Taxation, to define what property shall be exempt_________________________________ J3, 45
HB 643, Thunderbolt, to provide for zoning ordinances________________________ }3, 46, 120, 263
HB 644, Atlanta, to repeal Sections 6 and 7 of charter______________ 13, 253, 296, 470, 473 HB 645, Tybee, to extend city limits and provide zoning______________________ l4, 46, 121, 260

INDEX

557

HB 646, Dearing, to provide .for construction of water works............14, 114, 155, 294 HB 647, Fulton county, to provide for retirement of judges of criminal
and civil courts.............................................................................. 14, 46, 120, 400 HB 648, Superior court judges, to provide retirement fund for........14, 114, 307, 489 HB 649, Clay county, to abolish tax receiver and tax collector, and
create tax commissioner............................................................ 14, 114, 155, 330 HB 650, Athens, board of education, to have right of eminent
domain............................................................................................ 14, 46, 121, 263 HB 651, Bangs and tuberculosis in animals, to match federal funds for
elimination o................................................................................14, 46, 226, 404 HB 652, Macon, to give fee simple title certain property now used by
city.................................................................................................. 15, 46, 121, 294 HB 653, State Highway Board, to fix pay......................................................................15 HB 654, State Highway Patrol, to fix pay and subsistence.......... 15, 46, 164, 402, 471
HB 655, Nurses, board of examiners, to lower age limit of nurses.... 15, 146, 202, 404
HB 656, Pooler, to establish legislative charter......................................l5, 46, 121, 328 HB 657, College Park, to raise salary of recorder................................l5, 46, 122, 295 HB 658, Bill of exception and supersedes, to amend....................................15, 114, 239 HB 659, State Treasurer, assistant, to be appointed by
Treasurer.............................................................................. 16, 47, 161, 371, 392 HB 660, Columbus, to provide absence of officer or employee of 24
months shall not preclude them from pension........................16, 47, 122, 296 HB 661, Columbus, to provide civil service in police and fire depart-
ments.............................................................................................. 16, 47, 122, 263 HB 662, Troup county commissioners, can assess business license out-
side of incorporated towns........................................................16, 114, 199, 330 HB 663, Wills, executed in another state, according to laws of that
state, shall constitute muniments of title................................16, 114, 348, 513 HB 664, Franklin county, to increase salary of tax commissioners....16, 114, 155, 330 HB 665, Americus, to provide for zoning and planning laws................ 16, 47, 122, 263 HB 666, Fulton county, to fix salary of ordinary..................................17, 114, 342, 400 HB 667, Housing authorities, to clear slums and acquire real property
for redevelopment................................................................l7, 47, 165, 504, 511 HB 668, Fulton county, to establish civil court laws, to provide uni-
form cost bilL...................................................................... 18, 47, 123, 471, 509 HB 669, Troup county, to provide for holding 4 terms of superior
court..............................................................................................18, 47, 123, 263 HB 670, Department of Forestry, expenditure of federal funds.......... 18, 47, 169, 405 HB 671, Columbus, to extend city limits..................................................19, 47, 123, 327 HB .672, College Park, to provide pension system, and create pension
board.............................................................................................. 19, 47, 124, 328 HB 673, Columbus, to provide for recording and publication of
ordinances...................................................................................... 19, 48, 123, 295 HB 674, Columbus, to furnish local service....................................19, 48, 123, 329, 390 HB 675, Hart county, to repeal act creating board of
commissioners..............................................................................19, 146, 189, 328

558

INDEX

HB 676, Hart county, to create commtss10ners of roads and bridges,
board of finance--------------------------------------------------------------------------17, 146, 189, 331 HB 677, Taxing authorities, to levy tax for paying salaries of county
agents and home demonstration agents.----------------------------------------------------.17, 48 HB 678, Savannah, mayor and aldermen to extend water
j urisdiction....--------------------------------------------------------------------------------17, 48, 157, 262 HB 679, Chamblee, mayor and council to improve sidewalks_____________J7, 48, 124, 261 HB 680, DeKalb county, to provide for sale of fireworks ____________________ 18, 115, 199, 293 HB 681, Chamblee, to enact zoning and planning ordinances______________ 18, 48, 124, 296 HB 682, DeKalb Superior Court clerk, to install photostatic
equipmenL----------------------------------------------------------------------------------18, 115, 200, 331 HB 683, Building and Loan Act, to make loans to veterans under
Servicemen's Readjustment Act-----------------------------------------------------------------19, 48 HB 684, DeKalb county, to provide method for levying taxes______________ 19, 49, 159, 512 H B 685, Waycross, to establish public school system__________________________.20, 49, 124, 263 HB 686, Warm Springs, to establish new charter__ _____________________________ _34, 115, 155, 328 HB 687, Doves, open season for shooting in South Georgia_______________________________________ _34
HB 688, Blairsville, to create new charter------------------------------------------.34, 115, 156, 328 HB 689, Divorce, total can be granted upon verdict of one jury_______________________________ _34
HB 690, Motor common carriers, to limit granting of
certificates--------------------------------------------------------------------------.35, 115, 165, 303, 393 HB 691, Jacksonville, to extend city Iimits____________________________________________35, 115, 156, 294 HB 692, Telfair county, to provide for deputy clerk___________________________ _35, 115, 200, 369
HB 693, Wheeler county, to provide for disposition of fines and forfeitures.. ------------- __ ----- _____ -------- ____ -------------------------------------------- .35, 146, 199, 330
HB 694, State Board of Control, to regulate commercial colleges and
business schools ---------------------------------------------------------------------------------------------------.35 HB 695, Marriage licenses, to require examination for venereal disease_________ _35, 220 HB 696, School, compulsory attendance, court of ordinary shall try and
impose sentence for violation oL----------------------------------------------------.36, 115, 304 HB 697, Senatorial district, to create 54th---------------------------------------------------------------------.36 HB 698, Workmen's compensation, to provide medical reports shall be
sent by employer to each claimant___________________________________________________________________ _36
HB 699, Tax assessors, shall be elected by grand jurY-----------------------------------------------.36 HB 700, East Point, to provide retirement plan for employees___________________________ _36, 116 HB 701, Rome, to provide civil service for employees_________________________ _36, 116, 156, 294
HB 702, Unsold revenue certificates, to be destroyed------------------------------------------.36, 146 HB 703, Foreign insurance companies, to provide for venue of suits_________________ _37, 147 HB 704, Government war bonds, to amend general tax act on_________ _37, 116, 166, 405 HB 705, Truck trailers, or semi-truck trailers, to decrease fee oL....37, 116, 166, 304 HB 706, Hapeville, to extend city Iimits__________________________________________________________________37,- 116
HB 707, Nonresident administrators and executors, to provide for
venue of suits------------------------------------------------------------------------------------------------37, 147 HB 708, Milan, to appoint city treasurer----------------------------------------------.37, 116, 156, 296 HB 709, Georgia National Guards, to match Federal funds for con-
struction of armories----------------------------------------------------------------.37, 147, 228, 379 H B 710, Adairsville, to extend city limits___ __________________________________________ _38, 116, 189, 296

INDEX

559

HB 711, Adairsville, to provide referendum on construction of water works............................................................................................38, 116, 190, 294
HB 712, Pharmacists, to provide new qualifications......................................38, 147, 169 HB 713, Clinch county, to amend act for qualifications of solicitor....38, 147, 190, 330 HB 714, Roosevelt, Franklin D., Warm Springs Memorial Commis-
sion, to create....................................................................-....... 102, 147, 223, 403 HB 715, Roosevelt, Franklin D., Warm Springs Memorial Commis-
sion, to appropriate sum..................................................102, 126, 147, 222, 403 HB 716, Barnesville, property owners shall pay for paving streets.. l02, 214, 258, 406 HB 717, Board of Regents, to convey certain property to City of
Barnesville.................................................................................................. 103, 148 HB 718, General Assembly, to provide pay lOc per mile for attending
adjourned session.............................................................. 103, 127, 148, 200, 407 HB 719, Governor, to fix salaries of directors of Forestry, Mines,
Mining and Geology, Parks, etc............................................. l03, 148, 315, 489 HB 720, Attorney to give notice before collecting fees eupon note.... l03, 148, 266, 482 HB 721, Oconee Judicial Circuit, to provide method of distribution of
fines ond forfeiture.................................................................................... 103, 290 HB 722, Rome City Court, to increase salary of judge............ l03, 148, 190, 295, 395 HB 723, Fulton county, to provide voting machines............................ l04, 182, 245, 401 HB 724, Governor, shall keep book of commissions...........................................J04, 148 HB 725, Jury duty, to provide persons claiming exemptions because of
age to notify commissioners....................-......................................................... 104 HB 726. Ware county, HQspital Board to operate county hospitaL104, 182, 216, 330 HB 727, Local legislation law, aJllended relative to notice given...... l04, 148, 335, 522 HB 728, Teachers' pensions, city to levy tax for paying.................... l04, 148, 200, 403 HB 729, Saint Mary's, to extend city limits.......................................J04, 182, 216, 328 HB 730, Bonds, when may be issued by counties, municipalities........................ l05, 148 HB 731, Court bailiffs and jurors, to regulate pay............................ l05, 149, 228, 503 HB 732, State Board of Health, to license hospitals and make
rules.................................................................................... 105, 149, 233, 403, 475 HB 733, Farmers' gasoline tax refund, to pay refunds.....................J05, 149, 224, 403 H B 734, Syphilis, to test Georgia citizens for...................................................... l05, 127 HB 735, Ila, to create charter for........................................................ l05, 182, 217, 328 HB 736, Baldwin county, to establish zoning and planning laws...... 105, 182, 244, 331 HB 737, Runover provided where candidate does not receive majority............l06, 149 HB 738, Dublin Judicial Circuit, to fix salary of solicitor general..l06, 182, 270, 406 .H B 739, Dublin, City Court to fix salary of judge and solicitor
generaL ..........-........................................................................... 106, 182, 270, 406 HB 740, Meriwether Superior Court, to require deposit when filing for
divorce....................................................................-................... 106, 182, 244, 406 H B 741, Veterans' discharge certificates, to require clerks to issue
certified copies.................................................................................... 107, 149, 374 HB 742, Decatur, to establish recorder's court....................,............... l07, 182, 217, 327
HB 743, Decatur, to provide assessment of property on side of street for sewers.................................................................................. l07, 182, 217, 328
HB 744, Decatur, to pay pension to officers and employees.............. l08, 183, 217, 327

560

INDEX

HB 745, Brakes, on automobiles, tractors and motorcycles shall be compulsory.... l08 HB 746, Highways, laws amended.................................................................................. 108 HB 747, Driving, reckless, defined.................................................................................. 108 HB 748, Veterans, shall have until June 30 following discharge to buy
driver's license.................................................................................................... 108 HB 749, Vehicles, method of condemning used to transport illegal
liquor.......................................................................................... 108, 149, 234, 523 HB 750, Clinch county, tax receiver to be paid commission on taxes
collected...................................................................................... 109, 183, 269, 401 HB 751, Rockdale county, to construct recreation facilities..............109, 183, 243, 330 HB 752, Conyers, mayor and council to construct recreation
facilities...................................................................................... 109, 183, 244, 327 HB 753, Richmond county, to levy and assess occupation taxes................139, 218, 331 HB 754, Savannah, to provide group insurance for employees..........................139, 150 HB 755, Bibb county, to increase pay of secretary coroners jurors.. 139, 183,244,405 HB 756, Bibb county, to establish pension system for employees......140, 183, 218, 329 HB 757, Municipalities to annex to existing corporate limits, adjoining
land upon written consent of owners.................................... 140, 186, 345, 495 HB 758, Superior court clerks to receive fee in proceedings for adoption
of children.................................................................................................. 140, 183 HB 759, Recreational facilities, to authorize counties, cities to issue
revenue certificates for.............................................................................. 140, 184 HB 760, Elections, to provide for, and method of issuance of revenue
certificates.................................................................~-140, 184, 348, 523 HB 761, Dawson, to provide zoning and planning Jaws.................... 140, 184, 218, 329 HB 762, State officials and employees, to prevent soliciting members of
General Assembly to vote for or against any bilL..............................141, 184 HB 763, Amendment to Constitution, Clayton county to levy tax for
fire prevention, sanitation, sewage and water works.................................. 141 HB 764, Veteran of armed forces, who has 100% disability, may con-
duct business without license.................................................................. 141, 184 HB 765, Foreign corporations, to provide terms for doing
business..............................................................................141, 184, 341, 504, 510 HB 766, Bryan county, to issue bonds for schools..............141, 173, 215, 259, 469, 471 HB 767, Board of Corrections, to create and fix term and compensation...... 141, 184 HB 768, Department of Education, to receive appropriation to increase
teachers' salaries................................................................................ 172, 173, 289 HB 769, Limitation of 7 years for prior officers to collect cost from fines...... 173, 214. HB 770, Bailiffs and jurors, to fix compensation o............................................ 173, 214 HB 771, Workmen's compensation, to provide verified copies of medical reports....173 HB 772, Divorce and alimony cases, to provide for procedure.......................... 174, 215 HB 773, Insurance companies, shall file reports with insurance commissioner...... 174 HB 774, Dodge county, to provide all expenses of Superior Court and
City Court of Eastman............................................................................ 174, 215 HB 775, Fortune-telling, phrenology, may be taxed by county.......................... 174, 253
HB 776, Justices of peace, to confer jurisdiction in actions in trover and bail trover.................................................................................. 174, 349, 512

INDEX

561

HB 777, Fulton county, to provide commissioners shall fix salaries of clerk, sheriff, ordinary, tax collector and receiver.............J75, 215, 342, 401
HB 778, Tax collectors, to change amount of commission paid on taxes........ 175, 253 HB 779, Counties, constituting school district of exclusive or independ-
ent schoo district to issue bonds for school purposes............................ 175, 337 HB 780, Code Sections 87-203, 87-304 amended, to provide when bonds
may be issued............................................ 175, 346, 491, 502, 504, 509, 519, 522 HB 781, State Revenue Commissioner, to limit time may pay interest
on tax refunds-------------------------------------------------------------------------------------------175, 253 HB 782, Hall county, may levy tax to pay salaries for working and re-
pairing public roads..........................................................................175, 342, 401 HB 783, Colquitt county, to authorize ad valorem tax......................207, 253, 297, 406 HB 784, Laurens county, to place clerk of Supreme Court, sheriff and
deputy sheriffs on salary...--------------------------------------------------------------.207, 253, 342 HB 785, Henry county, to divide into districts for election of com-
missioners----------------------------------------------------------------------------------------.207, 253, 297 HB 786, East Point, to provide pension system for city employees....208, 253, 297, 401 HB 787, Fulton county, sheriff to appoint chief deputy..............................208, 253, 297 HB 788, Fulton county, to amend civil service..............................................208, 254, 297 HB 789, Tax of state millage may be levied without specifying state
purpose...----------------------------------------------------------------------------------.208, 254, 343, 491 HB 790, Augusta, to authorize City Council to fix salary of commis-
sioners of public safetY-----------------------------------------------------------.208, 254, 298, 406 HB 791, Augusta, to amend charter......................................................208, 254, 298, 406 HB 792, Augusta, to prescribe time and method of electing City
Council....................-----------------------------------------------------------------.209, 254, 298, 401 HB 793, County boards of education to have all powers now vested in
school trustees in conformity with new Constitution..........209, 254, 337, 489 HB 794, Recreation systems, to be constructed by counties........................209, 316, 484 HB 795, State Board of Corrections, to designate where prisoners will
be confined ---------------------------------------------------------------------------------------------------------.209 HB 796, State Board of Corrections, to assign misdemeanor prisoners..................209 HB 797, Fulton county, to provide for parental schools..............................209, 343, 401 HB 798, Georgia Military Academy, board of trustees, to give 30 days
notice for election of trustees..................................................209, 254, 344, 497 HB 799, Georgia Vocational School, to appropriate sum for erection of
building............-------------------------------------------------------------------------------------------.248, 291 HB 800, Milk Control Board, to amend act........................................................248, 291 HB 801, Woodbine, to provide zoning regulations..............................249, 289, 324, 401 HB 802, Poultry flock owners, to purchase sulfa-quanadine and sulfa-
thiozoL.......................................................................................249, 289, 366, 495 HB 803, Ordinaries, to provide salary in certain counties of population
of 4,000 to 10,000..............................................................................249, 289, 345 HB 804, Bleckley county, to provide method of distributing fines ....249, 290, 345, 491 HB 805, Savannah, to provide for group insurance....................................................284 HB 806, Richmond, County Reformatory Institute to be changed to
Richmond County Juvenile lnstitute....................................284, 324, 380, 497

562

INDEX

House Resolutions
HR 66, Riches, Piver Company, to receive payment due for calcium arsenate purchased 1921 to 1925......................................................99, 309, 470
HR 89, McDonald, Mr. and Mrs. J. W., to receive $5,000 for permanent injuries received by their son struck by State Highway truck ~~---99, 404
HR 95, Budget Commission, to reimburse Department of Law for expenses incurred in freight rate litigation....................................................l49
HR 128, Speaker of House, clerk, secretary and 4 assistants, postmistress and assistant postmistress and 7 members of auditing committee be authorized to remain over for two weeks after
adjournment ---184 HR 143, Notify the Senate, House has convened............................................................7 HR 144, Notify the governor, House has reconvened................................................8, 24 HR 145, Joint session, convene in House of Representatives to hear
message from Governor ................................................................................8, 24 HR 146-619a, Allotment funds for highway construction, teachers sal-
aries, textbooks, health, tuberculosis hospital, institution maintenance and welfare benefits..............................................20, 49, 127, 371, 393 HR 147-621a, Amendment to Constitution, provide for State Highway Department........................................20, 49, 129, 489, 497, 502, 509, 518, 522 HR 148-624a, Allotments, authorizing from State Emergency Fund to State Ports Authority............................................................-~..20, 116, 163, 370 HR 149-633a, Department of Forestry, director to lease certain lands to Richmond county...............~....................................................20, 176, 185, 304 HR 150-64la, State Properties Commission, to sell a tract of unused marsh land in Chatham county................................................................20, 149 HR 151-644a, Governor, to execute deed to certain lands in Glynn county to Boys' Estate, Incorporated............................21, 150, 304, 402, 471 HR 152-653a, Amendment to Constitution, pertaining to withdrawal of money from State Treasury and money paid into State Treasury..........21 HR 153-659a, Victory Drive, name of four-lane highway....................................21, 185 HR 154, University System of Georgia, memorializing Chancellor Steadman V. Sanford................................................................................22, 496 HR 155-679a, Amendment to Constitution, ratification or rejection and defending civil rights of citizens of the state............................................21, 151 HR 156-680a, Moore, E. B., payment of pension..........................................................21 HR 157-68b, Terrell, H. E., Jr., authorizing Budget Bureau to pay $4,404.75 for injuries................................................................21, 215, 305, 404 HR 158-685a, State Highway Commission, to prepare and publish a statement on number of miles of highway paved and amount spent in each county..............................................................................22, 49, 133 HR 159-699a, Fowler, James, governor to reconvey certain land in Treutlen county to....................................................................38, 150, 224, 370 HR 160, Congressmen and senators, to correct conditions caused by price ceilings in 1946 cotton crop..............................................................49, 496

INDEX

563

HR 161-700a, Memorial Park, establish for Georgia veterans_________.38, 117, 166, 370
HR 162-701b, Clinch county, to contribute $5,000 toward construction
of a veterans recreation house----------------------------------------------------------------.39, 117 HR 163-702a, Supreme court, ratifying rules adopted for admission of
documents and for pretrial conferences in cases___________________________.39, 117, 265

HR 164-7f0o3ra,reSpueparleomrereCvoieuwrt,inractaisfesy--r--u-l-e--s--f-o--r--p--r-a-c--t-i-c-e---a-n--d---p-r--o-c--e-d--u-r.e39,~63, 476, 484
HR 165-704a, Supreme Court, ratify rules for governing procedure,
pleading and practice in civil proceeding_______________________ _39, 117, 265, 477, 484

HR 166-713a, Public school system, authorize Education Committee of

.

General Assembly to investigate__________________________ l06, 150, 195, 303, 495,~28

HR 167-713b, State Auditor, provide allowance in lieu of actual hotel



and subsistence....---------------------------------------------------------------------106, 185, 313, 483
HR 168-721a, Charles H. Herty Memorial Association, to erect a monument on capitol grounds________________________________________________ 107, 150, 315, 495

HR 169-734a, Amendment to Constitution, creating a Constitutional State Board of Public Welfare_____________________________________ J07, 150, 230, 231, 470

HR 170-734b, Amendment to Constitution, creating a Constitutional

State Board of Health-----------------------------------------------------------------------------185 HR 171, Kendrick, Cicero, expressing sympathy to--------------------------------------------------.132 . HR 172, Congress, to prohibit Office of Price Administration from
placing price ceiling against southern pulpwood growers__________________ 133, 496

HR 173, Underwood, U. S., expressing sympathy to--------------------------------------------------137 HR 174-757a, Governor, to trade certain land owned by state for
1210 acres in Dade county-------------------------------------------------------------------141, 185 HR 175-767a, Goulds Inlet, name of inlet between St. Simons and Sea
Island__________ .---------------------------------------- ---------------------------------------1'42, 185, 315, 4 70
HR 176, Jones, C. R., appropriate $106.25 for corn destroyed by fire ______________ 174, 291
HR 177-782a, Andrews, Mrs. Lillian, Mrs. Sparks, Robert Sparks and
Bruce Sparks, appropriate funds for injuries--------------------------------------176, 215 HR 178, Harris, Speaker Roy V., condemning attack in a handbill cir-
culated in capitol, and expressing confidence for-----------------------------------------188 HR 179-788a, Amendment to Constitution, substitute county boards
of education for local district. trustees of school districts_________________.210, 255

HR 180, Congressmen and senators, expressing assurance in them in their fight against Fair Employment Practice Commission BilL____________.220

HR 181, Joint session, convene in House of Representatives to hear message from Hon. Knox Gholston_____________________________________________________.220, 257

HR 182-788b, Amendment to Constitution, provide for 56 senatorial districts ________________________________ ----- __ ---------------------------_-------------------....-------.210, 255
HR 183-788c, Vereen Bell Highway, named in honor of author of

"Swamp Water"-------,-----------------------------------------------------------------.21 0, 368, 496 HR 184-797a, Glover, Mrs. J. H., appropriate $3,000 for death of her

husband------------------------------------------------------------------------------------------.210, 313, 482 HR 185-800a, Amendment to Constitution, provide for a division of

. Spalding county into school districts---------------------------------------------.249, 289, 367

564

INDEX

HR 186, Civilian Production Administration, rescind Rosin Order M-387 so that it may be sold for other than war purposes_____________.260, 303
HR 187, Pannell, Hon. Charles A., congratulating on birth of a son to_________________ _324
HR 188, Hall, I. H., expressing sympathy to-------------------------------------------------------------.477 HR 189, Kentucky Legislature, to liberalize size and weight limitations
for motor vehicles---------------------------------------------------------------------------------------------477 HR 190, Speake?; clerk, and assistants, postmistress and assistant, 7
members of committee on auditing, engrossing, enrollment, be authorized to stay over at capitol for 10 days after adjournment__ ________ __487 HR 191, State highway legislation, committee to make a study oL__________________________487
H:R ~92, Congressmen and senators, to use best efforts for transfer of
Battey General HospitaL------------------------------,----------------------------------------497, 512 HR 193, Congressmen and senators, extending thanks for having Inter-
national Monetary Conference meet in Savannah_______________________________________ j 19
HR 194. Penitentiary Investigating Committee, be authorized to con-
tinue but not to exceed 30 days in 1946-------------------------------------------------------.521 HR 195, Dickert, Mr. Herman, extending thanks for socks_____________________________________ j21
HR 196, Clerk of the House, be authorized to keep his office open 20 days___________.522
HR 197, Notify the governor, General Assembly stands ready to ad-
journ sine die-------------------------------------------------------------------------------------------523, 529 HR 198, Adjournment of General Assembly sine die..-----------------------------------------------.535

Senate Bills
SB 39, Children, to regulate employment oL----------------------------------------------------.134, 203 SB 104, Mcintosh county, to pay additional salary to judge and so-
licitor of Atlantic Judicial Circuit.------------------------------------------------------------------288 SB 122, Notaries public, shall be appointed by judge of superior court___________________ _288 SB 142, Secretary of State, shall furnish ballots, forms and tally sheets
to ordinaries..-------------------------------------------------------------------------------------215, 520, 528 SB 207, Accountant, to define and provide for certification and regis-
tration------------------------------------------------------------------------------------------------.369, 382, 389 SB 216, Fulton county, to establish Parks and Recreation Commission__________________258 SB 219, Supreme Court, shorthand writers, to amend rules oL_____J51, 153, 185, 407 SB 222, Court of Appeals, shorthand writers, to amend rules oL...J87, 190, 216, 407 SB 224, Veterans, disabled, exempt from business and peddlers license,
to include veterans of Philippine Insurrection and Boxer Rebellion_______ ---------------------------------------------------------------------------------------- _____ 188, 191, 290 SB 234, Merit system for employees of state-----------------------------------------------257, 259, 491 SB 235, Butts county, two members of board of commissioners shall constitute a quorum for transaction of business____________ 187, 191, 255, 290, 298 SB 238, Dooly county, to provide salary for sheriff____________________________293, 299, 321, 478 SB 239, Stephens county, to fix salary of judge and solicitor general of city court--------------------------------------------------------------------136, 153, 185, 218, 322, 498

INDEX

565

SB 241, Integrated Veterans Service of Georgia, creating and defining same.. 186, 191 SB 242, Executive Mansion Committee, to create......................................329, 382, 389 SB 243, Fitzgerald, to provide zoning and planning regulations........292, 299, 322, 381 SB 244, Veterans, to provide manner and time may deduct federal net
income from state income taxes........................................................191, 205, 255 SB 246, Seminole county, to fix time for holding superior court........! 52, 153, 255, 481 SB 247, University System of Georgia, to define stature of regents..167, 191, 255, 409 SB 248, LaGrange, to provide new tax rate for educational
purposes...................................................................................... 136, 153, 185, 218 SB 249, Veterans, holding certificates of exemption may own and oper-
ate rolling store.................................................................................. 192, 205, 290 SB 250, Fulton county, to provide for county manager form of govern-
ment......................................................................................................187, 192, 380 SB 251, Fulton county, to establish rules governing payment to county
employees.................................................................................... 187, 192, 255, 299 SB 252, Amendment to Constitution, relative to exemption of taxation
of certain property....................................................................261, 299, 322, 507 SB 253, Fulton county, to fix salary of ordinary........................152, 153, 256, 479, 490 SB 254, Fulton county, to fix salary of clerk of superior court........ 152, 153, 256, 479 SB 255, Fulton county Superior Court, to fix salary of bailiffs........152, 154, 256, 481 SB 256, Fulton county, to change time for holding election of commis-
sioners..........................................................................................152, 154, 256, 507 SB 257, Fulton county, to amend pension and retirement
fund ...................................................................................... 153, 154, 256, 324, 484 SB 258, Armed forces, abatement of income taxes to include any
United Nation............................................................................ 186, 192, 256, 494 SB 259, Fulton county, to furnish aid and pension to police depart-
ment.............................................................................................. 153, 154, 256, 481 SR 260, Voters, not on current qualified list of 1944, must qualify to
vote......................................................................................293, 300, 322, 500, 512 SB 261, Silvertown, to incorporate................................................................187, 192, 216 SB 262, Divorce iaws, to revise..............................................................211, 219, 290, 409 SB 263, Athens, Board of Education to have right of eminent
domain.......................................................................................... 152, 154, 186, 219 SB 266, Athens, to make mayor chief executive officer...................... 187, 192, 216, 258 SB 267, Jurors, grand and traverse, to be selected from resident citizens......214, 219 SB 268, Darien, to provide for closing certain streets and sale o.... 188, 193, 216, 258 SB 269, Thomasville, to extend city limits............................................ 186, 193, 216, 259 SB 270, Fulton county, to provide for appointment and removal of
members of board......................................................................261, 302, 322, 381 SB 271, Poultry, to promote the industry o........................................211, 219, 410, 490 SB 272, Armed forces members, to deduct $1,500 from income tax
return~..........................................................................................211, 219, 256, 519 SB 273, Jackson, to define corporate limits..........................................281, 300, 322, 380 SB 274, Atkinson county, to fix salary of commissioner....................291, 300, 322, 381 SR 276, Dawson, to provide zoning and planning regulation............261, 300, 322. 380

566

INDEX

SB 277, All counties or municipalities over 1,000 to have annual audit by C.P.A...402 SB 278, Architects, may practice if graduated from school approved by
American Institute of Architects and served 2 years in armed
forces---------------------------------------------------------------------------------------------------.379, 382, 390 SB 279, Mcintosh county, to supplement salary of judge and solicitor
general of Atlantic Judicial Circuit--------------------------------------.292, 300, 322, 478 SB 280, State-aid system to have mileage added in Clinch, Atkinson,
Coffee and Jeff Davis counties-----------------------------------------------------------------262, 300 SB 281, Atlanta, to provide employees of Department of Law shall be
under civil service--------------------------------------------------------------------262, 300, 323, 381 SB 282, Atlanta, to provide pension for widows of members of fire de-
partment killed in war------------------------------------------------------------261, 301, 323, 478 SB 283, Atlanta, to provide compulsory retirement at age of 65......262, 301, 323, 478 SB 284, State Board of Corrections, to create___________________________________ -257, 259, 290, 494 SB 285, Poll tax, to amend code section thereof__ _______________________________.292, 301, 323, 514
SB 288, State Revenue Commissioner, to limit time he may pay interest
on tax refunds---------------------------------------------------------------------------.371, 382, 390, 513 SB 289, Superior court clerks, to fix compensation for _______________.291, 301, 323, 369, 382 SB 290, State Board of Embalming, to provide for 7 members _______________________.369, 382
SB 293, Atlanta, to provide prevailing wage rate to be paid skilled
mechanics employed by citY-------------------------------------------------------.380, 383, 390, 507 SB 295, Atlanta, to provide airport zoning regulations_____________________ _329, 382, 390, 487

Senate Resolutions
SR 13, Gholston, Hon. ]. Knox, invited to address joint session-----------------------------165 SR 20, State Properties Commission, to sell two acres of land in Mus-
cogee county_______ ------------------------------------------------------------------ ________.292, 301, 323, 479 SR 25, Amendment to Constitution, providing commissioners of Fulton
county may levy one ad valorem tax----------------------------------------------------------------255 SR 27, Amendment to Constitution, protecting rights of people to re-
elect or defeat their elective state officials_ _______________96, 125, 248, 259, 323, 383 SR 56, Adjournment of General Assembly March 3, 1945, to reconvene
January 14, 1946___________________________ -----------------------------------------------------------------------------1 SR 58, Amendment to Constitution, to provide exemption from all tax-
ation on all property owned by veterans organization___________________ J86, 193, 290
SR 63, Governor, authorized to trade land owned by state for land adjoining State Park in Dade county_______________________________________.292, 301, 323, 479
SR 65, Department of Public Welfare, to provide institutions for treatment of inebriates------------------------------------------------- ---------------------------.--292, 301, 380
SR 66, Department of Forestry, to establish air patrols for forest fireS-. ......293, 302 SR 67, Secretary of Senate and clerk of House, to include reports of
Senate-House Committee on Institutions in Journal as appendix________412, 469

INDEX

567

SR 69, Amendment to Constitution, authorizing Fulton and DeKalb counties and the City of Atlanta to issue revenue anticipation
certificates for a stadium-------------------------------------------------------------------371, 383, 490 SR 70, World Federation, approving principle of----------------------------------------------.292, 302 SR 71, Adjournment of General Assembly sine die Monday, January
28, 1946, 5 P.M---------------------------------------------------------------------------------------------------.535 SR 72, Committee appointed, three from House and two from Senate
to investigate and make recommendations for creating retire-
ment system for state employees------------------------------------------------------------------------496 SR 75, Governor, to appoint two members of General Assembly to tour
war-torn countries and make report---------------------------------------------------------490, 498 SR 76, Congressmen and senators, to use best efforts for transfer of
Battey General RospitaL.--------------------------------------------------------------------------496, 519