JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE Four-Days .Extraordinary Session Commenced at ATLANTA, TUESDAY, MAY 29, 1945 BowEN PRESS Duatur, Ga. OFFICERS OF THE HOUSE OF REPRESENTATIVES . EXTRAORDINARY SESSION 1945 ROY V. HARRIS, of Richmond......................:.......................................................Speaker FRED HAND, of Mitchell..................................................................Speaker Pro Tern. P. T McCUTCHEN, JR., of Fulton........................................................................Cierk OLIN SHEPPARD, of Heard..................................................................Assistant Clerk W. E. DIXON II, of Bibb..........................................................................Reading Clerk HERSCHEL L. REID, of CarrolL..........................................................Message Clerk MRS. RAIFORD GAFFNEY, of Fulton...............................................Journal Clerk JOSEPH M. BRANCH, of Washington............................................................Chaplain HUGH STRIPLIN, of Heard..........................................................................Messenger MARION TOMS, of Quitman........................................................................Doorkeeper 1 1 1 1 1 1 1 1 1 1 1 HOUSE JOURNAL Representative Hall, Atlanta, Georgia, Tuesday, May 29, 1945. Pursuant to the call of His Excellency, Governor Ellis G. Arnall, the Housl' met in extraordinary session this day at 11 :00 o'clock A. M., and was called to order by the Honorable Roy V. Harris, speaker, and opened by scripture reading and prayer by Dr. J. G. Davis, pastor of the Beecher Hills Baptist Church, Atlanta, Ga. The following proclamation calling the General Assembly in extraordinary session was read: A PROCLAMATION CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION WHEREAS, Paragraph XIII of Section I of Article V of the Constitution of the State of Georgia, relating to called sessions of the General Assembly, sets out certain powers and duties of the Governor of the State of Georgia, and the pertinent portion of said paragraph reads as follows: "He shall have power to convoke the General Assemblv 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, selfconvened 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 Assembly shall be authorized to remain in session until such trial shall have been completed." and WHEREAS, More than three-fifths of the members elected to the House of Representatives and more than three-fifths of the members elected to the Senate have actually filed with the Governor of the State of Georgia properly signed and dated certificates, in form as follows: 6' JOURNAL OF THE HOUSE, "CERTIFICATE OF MEMBER OF GENERAL ASSEMBLY OF GEORGIA. ................................................COUNTY I, .................................................., a duly elected member of the General Assembly of the aforesaid County, District and State, under and by authority granted in Article 5, Section 1, Paragraph 13 of the Constitution of the State of Georgia, embodied in Code Section 2-2613 of the Georgia Code Annotated, do hereby declare and certify to the Governor of the State of Georgia that, in my opinion, an emergency exists in the affairs of the State of Georgia and I hereby respectfully invoke said section requiring the Honorable Ellis G. Arnall, Governor, within five (5) days from the receipt of sufficient Certificates, to convene the General Assembly in extraordinary session for all purposes including the purpose of removing the constitutional limitation now existing which provides that, after qualifying, a Governor shall not be eligible to be re-elected for the next succeeding four-year term, or any part thereof, so that the people of my County and District and the various Counties and Districts in the State of Georgia may elect the Governor of their choice. Given under my hand and seal this ............ day of May, 1945. Member of the General Assembly of the State of Georgia: House of Representatives Senator from ............ District" and WHEREAS, Under the foregoing provisions of the Constitution the Governor is required to convene the General Assembly in extraordinary session; and WHEREAS, the Governor of the State of Georgia deems it his duty under the oath of his office to carry out the express provision of the Constitution: NOW, THEREFORE, The premises considered, I, ELLIS ARNALL, GOVERNOR OF GEORGIA, under and by virtue of the power and authority conferred upon me by the Constitution of this State, as set forth in Paragraph XIII of Section I of Article V of the Constitution of the State of Georgia, do hereby convoke the General Assembly of Georgia into extraordinary session at eleven o'clock A. M. (Central Standard War Time), Tuesday, May 29, 1945, for the purposes authorized in said provision of the Constitution and set out in the certificates described hereinabove, which said original certificates are hereto attached and made a part of this Proclamation. GIVEN under my hand and the Great Seal of the State of Georgia, at the TUESDAY, MAY 29, 1945 7 Capital City of Atlanta, on this the 26th day of May, Year of Our Lord One Thousand Nine Hundred and Forty-Five. ELLIS ARNALL, Governor. BY THE GOVERNOR: JOHN B. WILSON, Secretary of State. The roll was called and the followeng 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 Broome Brunson Burch Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Conner at Coward Crow Crowley Culpepper Dallis DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Butts Evitt Fortson Fowler Freeman Gammage Garrison Gary Gaskins Gavin Gibson Giddens Gilbert Glisson Gowen Greene Greer Griswell Guyton Hampton Hand Harden Hardy of Hall Hardy of Jackson Harreson 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 Terrell Johns Kelley Kendrick Kenimer Kennon Key King Knabb Lam Lancaster Lane Littlejohn Livingston Looper 8 JOURNAL OF THE HOUSE, Lov.ett Maund McCracken McCurdy McNall Mallard Mankin Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Morrison Mosley Moye of Randolph Mullnax Murphy Nicholson Oakley Oden Odom Oliver O'Sheal Overby Parham Parks Pannell P'ennington Pettit Phillips Pittman of Tift Porter Price Ramey Ray Ritchie Rossee Roughton Rowland 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 Weaver Wells .of Ben Hill Wells of Lincoln Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Toombs Willis Willoughby Wilson Witherington Mr. Speaker HR 1. By Mr. Durden of Dougherty: A RESOLUTION Be it resolved by the House that the clerk of the House notify the Senate that the House of Representatives has convened in response to the governor's proclamation convening the General Assembly in extraordinary session. HR 2. By Mr. Durden of Dougherty: A RESOLUTION Be it resolved by the House, the Senate concurring, that a committee of five, three to be appointed by the speaker of the House and two by the president of the Senate, to notify the governor that the General Assembly has con~ vened in extraordinary session in compliance with his proclamation and is now ready for the transaction of business. Under the provesions of HR 2, the speaker appointed the following members as a committee on the part of the House: Messrs. Hinson of Ware, Evitt of Catoosa, and Cheshire of Colquitt. TUESDAY, MAY 29, 1945 9 The following resolution was read and adopted: HR 3. By Mr. Durden of Dougherty: A RESOLUTION Be it resolved by the House, the Senate concurring, that the General Assembly meet in joint session in the Hall of the House of Representatives at twelve o'clock noon today 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 His Excellency the Governor to the hall of the House. Under the proviseons of HR 3, the speaker appointed the following members as a committee on the part of the House: Messrs. Baker of Floyd, Sills of Candler, and Broome of DeKalb. By unanimous consent the following was established as the order of business during the first part of the period of unanimous consent: 1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of House bills and resolutions. By unanimous consent the following bills and/ or resolutions were introduced, read the first time and referred to committees: HB 1. By Messrs. Smith of Emanuel, Ray of Warren, Hand of Mitchell, Roughton of Washington, and Twitty of Mitchell: A bill to be entitled an act to amend the Motor Fuel Tax Law by exempting gasoline used in farming operations from the tax; and for other purposes. Referred to Committee on Ways and Means. HB 2. By Messrs. Mitchell of Monroe, and Adamson of Clayton: A bill to be entitled an act to regulate the sale of alcoholic beverages and to establish state liquor stores under the direction of the Revenue Commission; and for other purposes. Referred to Committee on Temperance. liB 3. By Messrs. Holley and King of Richmond: A bill to be entitled an act to provide for the licensing of persons to practice pharmacy in the state who are already registered pharmacists in the State of Nevada; and for other purposes. Referred to Committee on Hygiene and Sanitation. 10 JOURNAL OF THE HOUSE, HB 4. By Mr. Hand of Mitchell: A bill to be entitled an act to create a Hailstorm Insurance Rate Commission to fix rates for hailstorm insurance in the state; and for other purposes. Referred to Committee on Insurance. HR 4-la. By Messrs. Fortson of Wilkes, Evitt of Catoosa, Crow of Walker, Lancaster of Hall, Miller of Decatur, Baker "of Floyd, Claxtoa of Camden, Hinson of Ware, Wells of Ben Hill, Brooke and Britton of Whitfield, Broome of DeKalb, Price of Clarke, Williams of Coffee, Hart of Thomas, Hardy of Hall, Harrison of Jenkins, Hill of Clarke, Hinson of Jeff Davis, Bloodworth of Bibb, Moye of Randolph, and Kennon of Cook: A resolution proposing an amendment to the Constitution making any governor eligible for reelection; and for other purposes. Referred to Committee on Amendments to Constitution No. 2. Mr. Fortson of Wilkes moved that the House instruct the Committee on Amendments to the Constitution No. 2 to report HR 4-la back to the House on May 30, 1945, and the motion was lost. The following resolution was read and adopted: HR 5: By Messrs. Harris of Richmond, Durden of Dougherty, Gowen of Glynn, and others: A RESOLUTION WHEREAS, Almighty God, in His infinite wisdom, has removed from our midst Mr. Justice Warren Grice, a late and esteemed member of the Supreme Court of Georgia, and WHEREAS, Mr. Justice Grice was a distinguished lawyer, an able member of the General Assembly, an efficient attorney general and an eminent jurist, whose ability as a public servant was more recently recognized when his associates upon the bench named him as the representative of the Supreme Court on the Commission to Rrevise the Constitution where he was the chairman of the subcommittee dealing with the Bill of Rights and the Judiciary; THEREFORE, be it resolved by the House of Representatives that we record officially the loss of the people of Georgia in the passing of Mr. Justice Grice; and that we extend our sympathy to his bereaved family and that a committee of five, to be appointed by the speaker, officially represent this body at the funeral this afternoon. Under the provisions of HR 5 the speaker appointed the following members as a committee on the part of the House: Messrs. Bloodworth and Wilson of Rihh. l\1 atthews of Peach, DuPree of Pulaski, and Bloodworth of Houston. TUESDAY, MAY 29, 1945 11 By unanimous consent the speaker ordered a recess until 11 :55. 11:55 A. M. The speaker called the House to order. The following message was received from the Senate through Mrs. Nevin, tht> secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the House to wit: HR 2. By Mr. Durden of Dougherty: A resolution by the House, the Senate concurring, that a committee of five, three to be appointed by the speaker of the House and two by the president of the Senate, to notify the governor that the General Assembly has convened in extraordinary session in compliance with his proclamation and is now ready for the transaction of business. The president appointed on the part of the Senate: Senators Wall of the 9th, and Mavity of the 44th. The following message was received from the Senate through Mrs. Nevin, tht> secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the House to wit: HR 3. By Mr. Durden of Dougherty: A resolution by the House, the Senate concurring, that the General Assembly meet in joint session in the Hall of the House of Representatives at twelve o'clock noon today 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 His Excellency the Governor to the hall of the House. The president appointed on the part of the Senate: Senators Gould of the 4th, and Senator Freeman of the 22nd. The following message was received from the Senate through Mrs. Nevin. thl' secretary thereof: 12 JOURNAL OF THE HOUSE, Mr. Speaker: The secretary of the Senate is instructed to notify the clerk of the House that the Senate has convened in extraordinary session and is ready for the transaction of business. The speaker recognized the presence in the gallery of the graduating class of Lyons High School, Lyons, Georgia, accompanied by Prof. Webber. The time of convening the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House and the joint session convened for the purpose of hearing a message from His Excellency, Governor Ellis G. Arnall, was called to order by Honoroble Frank C. Gross, president of the Senate. The secretary of the Senate, Mrs. Henry W. Nevin, read the resolution providing for the joint session. Accompanied by the committee of escort, Governor Arnall appeared. upon the floor of the House and delivered .the following address: MR. PRESIDENT, MR. SPEAKER AND MEMBERS OF THE GENERAL ASSEMBLY: 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, amendable to them. On May 24, 1945, in an unprecedented move, more than three-fifths of the members elected to the House of Representatives and Senate certified to me as Governor of the State of Georgia that, in their opinion, an emergency exists in the affairs of the State of Georgia and requested me to convene the General Assembly in extraordinary session as required by the Constitution of the State. Article 5, Section I, Paragraph 13 of the Constitution, under such circumstances, makes it the duty of the Governor and mandatory upon him to convene the General Assembly. In the certificates officially filed with me as Governor more than three-fifths of the memhers of each House certified to me that they desired to remove the constitutional limitation now existing which provides that, after qualification, a Governor shall not be eligible to be reelected for the next succeeding four-year term, or any part thereof, so that the people of their respective counties and districts and the various counties and districts in the State of Georgia could elect a Governor of their choice. As a matter of fact, actually more than two-thirds of the members of the General Assembly have signed certificates on official file in the office of the Secretary of State certifying that they desire to remove the constitutional limitation on the people which prohibits them from electing a Governor of their choice. This is more than the number actually required to pass a constitutional amendment in the General TUESDAY, MAY 29, 1945 13 Assembly and submit it to the people. I assume that the members who signed the certificates did so in good faith. These certificates have brought about this extraordinary session. It is a self-convened General Assembly. When the extra session movement was started I stated that in my opinion the extraordinary session was ill-advised. This opinion was not shared by more than two-thirds of the members of each House because, I understand, they learned of a provision in the proposed new Constitution which, when ratified, will prohibit the amendment of the State Constitution at any general election except those elections at which members of the General Assembly are chosen. I did not request a single member of the General Assembly to sign the certificate convoking the General Assembly. The members of the House and Senate will best know how carefully I undertook to avoid a discussion of this subject with them. I avoided the telephone; I avoided personal contacts and discussions; I did my very best to keep from being injected into the movement. Some few members of the General Assembly did talk with me, asking my opinion as to what should be done and in each instance, as they will bear testimony, I carefully avoided suggesting what, if anything, should be done by them. I know that many of my well-meaning friends interested themselves in the movement to convene the General Assembly. In a democracy every person should have the right to his own opinion and do those things that he thinks best for the welfare of the people. But irrespective of how or why more than three-fifths of the members of each House made it mandatory upon me to issue my Proclamation convening the Assembly, the Assembly is met as representative of the people and as public officials to do a job-a job that now must be done. Having assembled, I believe that it would be a genuine reflection on the General Assembly and on the people of this State were the Assembly to fail, refuse or delay to do that thing for which it certified to me it desired an extraordinary session. My position on the gubernatorial limitation has been made plain and clear to the Legislature and to the people. I am still of. the same opinion that I expressed to the General Assembly on January 9, 1945. As a matter of principle, the prohibition against successive terms for a Governor is fundamentally wrong and is undemocratic. It is not a limitation upon the ambition of a man-it is a limitation upon the right of the people. It is difficult to understand how anyone who really believes in democracy can believe that the people should not have the right to elect to public office whomever they may desire. The prohibition against successive terms for an elective officer applies in Georgia's State Government only to the Governor. It does not apply to other State House officials. It does not apply to members of the General Assembly. It does not apply to Federal officials chosen at the polls; the Fresident, Vice-President, Senators or Congressmen. In our own General Assembly, for example, there are worthy men who have served time and time again, successive term after successive term, representing their people-is there any objection to that? The limitation is, after all, violative of all fundamental principles of democratic free choice. I opposed the one four-year term limitation when it was put in the Constitution-! oppose it 14 JOURNAL OF THE HOUSE, now. It should be removed, but whether it is removed or not, the people of Georgia should be given the opportunity to express their wishes concerning this limitation upon their rights. I consider it my duty as Chief Executive of the State to make the recommendation to the Assembly and urge each and every member of the Assembly to vote to let the people vote on whether they want the right to vote for any Governor of their choice. It is difficult to understand how any member of the Assembly who is elected by the people can vote to refuse to allow the people to express their wishes on the subject matter for which you convened yourselves in extraordinary session. I want to make myself perfectly plain to the General Assembly. I am the only one authorized to speak for the Governor of Georgia. If the people want the limitation removed, they can vote to do so. If they want it retained, they can express their choice. Whatever the people want is what I want-whatever the people want, I know, is what you want. It is right, fitting and proper that the people should have a free choice; it is right that they should have the chance to express their views in democratic government. So, as a matter of principle, I strongly recommend and urge, now that you are in session, that you submit to the people a provision that will give them the right to say whether they want the restriction on their free choice of a Governor retained or removed. Those who believe in democracy certainly cannot object to giving the people the right to say what they want. Certainly, they can find no fault with letting the people decide this issue. Certainly those of us who believe in democracy do not fear the voice of thc:people. The truth of the matter is, as everyone honestly knows, that there is only one valid argument against the proposal which you will consider here and that is that the opposition is not willing to trust the people. The opposition knows that if this amendment to the Constitution is submitted to the people on August 7th, it will be overwhelmingly adopted. I here and now challenge those who oppose the amendment to agree to submit it to the people if they are not afraid of the people's decision. If, on the other hand, they know, as they do, that the people want this amendment in their Constitution, then, of course, I know that they will not accept the challenge and dare because they are undertaking to dictate to the people of Georgia what they can and cannot do. If it is true that the opposition is afraid of the voice of the people, then I tell you that it is a sad day for democracy in Georgia. And so, Mr. President, Mr. Speaker, and members of the General Assembly, leave the people's case in your hands. 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, the motion prevailed and the speaker announced the House adjourned until tomorrow morning at 10:00 o'clock. WEDNESDAY, MAY 30, 1945 15 Representative. Hall, Atlanta, Georgia, Wednesday, May 30, 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. Boynton of Union. Mr. Fortson of Wilkes asked unanimous consent that the roll call be dispensed with. There were objections and the consent was not granted. The roll was called and the following members answered to their names: Adams Adamson Alexander of Carroll Alexander of Chatham Almand Ansley Arnall Arnold Baker Banks Bargeron Barwick Battles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome Brunson Burch Callaway Campbell Cates Chance Chastain Cheek Cheshire Claxton Connell Connerat Cowart Crow Crowley Culpepper DeFoor Dorsey of Cobb Dorsey of White Dupree Durden Dykes Ennis, Marion Etheridge of Butts Etheridge of Fulton Evitt Fortson Fowler Freeman Gammage Gary Gaskins Gavin Gibson Giddens Glisson Gowen Greene Greer Griswell Guyton Hampton Hand Harden Hardy of Jackson Harrison of Jenkins Harrison of Screven Harreson of Wayne Hart Hatchett Hefner Herndon Herrin Hicks Hill Hinson of Jeff Davis Hinson of Ware Hogg Holbrook Holleman Holley Hollie Holloway Hooks Hubert Hurst Jackson Jennings of Sumter Jennings of Terrell Johns Kelley Kendrick Kenimer Kennon Key King Knabb Lam Lancaster Lane Littlejohn Looper Lovett Maund McCracken McCurdy 16 JOURNAL OF THE HOUSE, McNall Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Matthews of Paulding Matthews of Peach Medders Miller Mitchell Moore Mosley Moye of Randolph Mullinax Nicholson Oakley Oden Odom Oliver O'Sheal Pahham Parks Pannell Pettit Phillips Pittman of Bartow Pittman of Tift Porter Price Ramey Ray Ritchie Roughton Rowland Seagraves Sheffield Shields Sills Smiley Smith of Bryan Smith of Emanuel Smith of Oglethorpe Sparks Strickland of Upson Sumner Swint Thompson Thornton Thrash Trotter Twitty Underwood Weaver Wells of Ben Hill Wells of Lincoln Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Toombs Willis Willoughby Wilson Witherington 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 House 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. The speaker introduced to the House the Honorable Robert H. Humphreys, judge of the Middle Georgia Circuit. 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 follow- WEDNESDAY, MAY 30, 1945 17 ing bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation: HB 1. Do Pass Respectfully submitted, Arnall of Coweta, 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 recommendation: HR 4-1a. Do Pass Respectfully submitted, Culpepper of Fayette, 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 bill of the House and have instructed me as chairman, to report the same back to the House with the following recommendation: HB 4. Do Pass Respectfully submitted, Phillips of Columbia, Chairman. By unanimous consent the following bills and resolutions of the House and Senate were favorably reported and read the second time: HB 1. By Messrs. Smith of Emanuel, Ray of Warren, Hand of Mitchell, Roughton of Washington, and Twitty of Mitchell: A bill to be entitled an act to amend the Motor Fuel Tax Law by exempting gasoline used in farming operations from the tax; and for other purposes. 18 JOURNAL OF THE HOUSE,. HB 4. By Mr. Hand of Mitchell: A bill to be entitled an act to create a Hailstorm Insurance Rate Commission to fix rates for hailstorm insurance in the state; and for other purposes. HR 4-la. By Messrs. Fortson of Wilkes, Evitt of Catoosa, Crow of Walker, Lancaster of Hall, Miller of Decatur, Baker of Floyd, Claxton of Camden, Hinson of Ware, Wells of Ben Hill, Brooke and Britton of Whitfield, Broome of DeKalb, Price of Clark, Williams of Coffee, Hart of Thomas, Hardy of Hall, Harrison of Jenkins, Hill of Clark, Hinson of Jeff Davis, Bloodworth of Bibb, Moye of Randolph, and Kennon of Cook: A resolution proposing an amendment to the Constitution making any governor eligible for reelection; and for other purposes. The following resolution was read and adopted: HR 6. By Messrs. Fortson of Wilkes, Harrison of Jenkins, Durden of Dougherty, Cates of Burke, Kennon of Cook, and Evitt of Catoosa: WHEREAS, on the 12th day of April, 1945, in Georgia's own little city of Warm Springs, which he had so long cherished as a favorite retreat from the cares and tremendous responsibilities of his powerful office, there came the untimely and premature close of the earthly career of our beloved President and Commander-in-Chief, FRANKLIN DELANO ROOSEVELT; AND WHEREAS, eulogies in memory of the late lamented President have been uttered in every tongue known to civilized man in all the wide world, and mere words are futile in the effort to pay fitting homage to the magnitude of his greatness; AND WHEREAS, there is now in session in the City of San Francisco a conference of the representatives of forty-nine free and liberty-loving nations dedicated to the task of agreeing upon a charter for a permanent international organization endowed with sufficient power to maintain and preserve for the future a just and durable peace based upon the fundamental freedoms for all mankind as embodied in the ideals for which Franklin Roosevelt gave his heart and which were exemplified in his glorious career of service to his fellowmen; AND WHEREAS, this world concert of free nations was the proud concept of our departed leader and chieftain and upon its success had centered his fondest dreams. NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES (the Senate Concurring) that we record our sense of tragic loss in the death of President Roosevelt, realizing that only the passing of time will show how truly great was the stature of this man who WEDNESDAY, MAY 30, 1945 19 was so beloved and mourned by the masses of the people throughout the far reaches of the earth. BE IT FURTHER RESOLVED: That we register our genuine hope and offer our devout prayers that the deliberations now in progress at the Conference of the United Nations at San Francisco shall soon have a successful consummation and prove worthy of the priceless heritage which the life and service of Franklin Delano Roosevelt bequeathed to mankind in response to their yearnings, their faith and their hope that wars shall henceforth cease to scourge the planet on which we live and that righteousness and peace shall reign forevermore. 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 aud ready for transmission to the Governor the following resolution of the House to wi~: HR 6 Respectfully submitted, Kent of Glascock, Chairman. Mr. Weaver of Bibb asked unanimous consent that the House take a recess of twenty minutes to allow the Committee on Hygiene and Sanitation to have a meeting. The request was granted and the Speaker announced the House recessed until 10:45. The speaker called the House to order. 10:45 A.M. Mr. Fortson of Wilkes, chairman of the Committee on Hygiene and Sanitation, asked unanimous consent to file his report at this time, and the request was granted. 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 has instructed me as chairman, to report the same back to thf' House with the following recommendation: HB 3. Do Pass Respectfully submitted, Fortson of Wilkes, Chairman. 20 JOURNAL OF THE HOUSE, By unanimous consent the following bill of the House was favorably reported and read the second time: HB 3. By Messrs. Holley and King of Richmond: A bill to be entitled an act to provide for the licensing of persons to practice pharmacy in the state who are already registered pharmacists in the State of Nevada; and for other purposes. Mr. Durden of Dougherty moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed: The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock. THURSDAY, MAY 31, 1945 21 Representative Hall, Atlanta, Georgia, Thursday, May 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. Mr. Culpepper of Fayette asked unanimous consent that the roll call be dispensed with. There were objections and the consent was not granted. The roll was called 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 Rattles Beddingfield Black Bloodworth of Bibb Bloodworth of Houston Boynton Britton Brock Brooke Broome 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 Guyton Hamptoa 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 ~f Terrell Johns Kelley Kendrick Kenimer Kennon Key King Knabb Lam Lancaster Lane 22 JOURNAL OF THE HOUSE, 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 Willer Mitchell Moore Morrison Mosley Moye of Randolph Mullinax Murphy Nicholson 0akley Oden Odom Oliver O'Shea! Overby Parham Parks Pannell Pennington Pettit Phillips Pittman of Bartow Pittman of Tift Porter Price Ramey Ray Riddlespu rger Ritchie Rossee Roughton Roughton Rowland 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 Linocln Whaley Williams of Appling Williams of Coffee Williams of Gwinnett Williams of Toombs Williams of Ware Willis Willoughby Wilson Witherington Young Mr. Speaker 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 <~f the Senate to wit: SR 4. By Senators Slaughter of the 50th, Harrell of the 7th, Holsenbeck of the 27th, Gould of the 4th, and Moore of the 38th: A resolution requesting the governor, in behalf of the General Assembly and the people of Georgia, to invite His Excellency, President Harry S. Truman, to address a joint session of the General Assembly when it convenes in January, 1946. THURSDAY, MAY 31, 1945 23 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 3. By Senators Wall of the 9th, Mavity of the 44th, and Freeman of the 22nd: A resolution proposing an amendment to the Constitution to authorize the governor to run for a second term; and for other purposes. 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 busitrss during the first part of the period of unanimous consent: ' 1. Introduction of House 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 bill and resolution of the House were taht up for consideration, read the third time and placed upon their passage: HB 1. By Mr. Smith of Emanuel and others: A bill to be entitled an act to amend the Motor Fuel Tax Law by exempting gasoline used in farming operations from the tax; and for other purposes. Mr. Roughton of Washington moved the previous question and the motion P'evailed. The main question was ordered. The report of the committee, which was favorable to the pasgage of the bill. was agreed to. On the passage of the bill, the ayes were 121, the nav.. Z. The bill, having received the requisite constitutional majority, was passed. By unanimous consent HB 1 was immediately transmitted to the Senate. HR 4-la. By Messrs. Fortson of Wilkes, Evitt of Catoosa, Crow of Walker, Lancaster of Hall, Miller of Decatur, Baker of Floyd, Claxton of Camden, 24 JOURNAL OF THE HOUSE, Hinson of Ware, Wells of Ben Hill, Brooke and Britton of Whitfield, Broome of DeKalb, Price of Clark, Williams of Coffee, Hart of Thomas, Hardy of Hall, Harrison of Jenkins, Hill of Clark, Hinson of Jeff Davis, Bloodworth of Bibb, Moye of Randolph, and Kennon of Cook: A RESOLUTION To propose to the qualified voters of Georgia, an amendment to Section I of Article V of the Constitution of the State of Georgia, by adding thereto a new paragraph to be properly numbered, making any governor eligible for reelection, and to exempt the present governor and all future governors from any and all restrictions or limitations placed upon reelection including any other amendment submitted on August 7, 1945, and to provide that this amendment to the Constitution shall take precedence over any other amendment which may be adopted on August 7, 1945, or any other prior provisions of the Constitution of the State of Georgia relating to the reelection of a governor; to provide for the publication and submission of this amendment; and for other purposes. BE JT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION I That Section I of Article V of the Constitution of the State of Georgia be mrended by adding a new paragraph thereto to be properly numbered, the same to read as follows: "Any governor of Georgia, including the present governor, shall be eligible for reelection to the office of governor. It is the expressed will and intention of the pwple of Georgia that this amendment shall take precedence over any and all other ctnstitutional provisions relating to the election or reelection of governor, including ;Uly amendment or amendments submitted on August 7, 1945." SECTION II 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 he entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection at the next General Eltetion in August, 1945, as provided by law. Those voting in favor of the ratification oi the amendment herein proposed shall have written or printed on their ballots the words, "for the amendment of Section I of Article V of the Constitution making any governor r,f Georgia, including the present governor, eligible for reelection to the office of goVernor, and that this amendment shall take preced~nce over any other provision of the C now one of its most prominent members; and, WHEREAS, he is recognized as a lawyer of ability and distinction who has by his actions reflected credit on his profession; and, WHEREAS, at its annual meeting held May 31st, 1945, the Georgia Bar Association conferred on Mr. Gowen the highest honor within its power to bestow by electing him as its president, without opposition; BE IT THEREFORE RESOLVED that the congratulations of his colleagues in the House of Representatives be extended to Representative Gowen, and that the Georgia Bar Association be commended for its selection of such an able lawyer and a man of such sterling qualities as its president; BE IT FURTHER RESOLVED that a copy of this resolution be presented to Representative Gowen and a copy transmitted to the secretaries of the American, Georgia and Brunswick Bar Associations. 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: FRIDAY, JUNE 1, 1945 31 HR 9. By Mr. Durden of Dougherty: A resolution 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 notify His Excellency the Governor that the General Assembly has completed the business of the extraordinary session and now stands ready to adjourn the extraordinary session sine die. The president of the Senate has appointed on the part of the Senate Senators Brown of the 6th, and Caldwell of the 37th. The following message was received from the Senate through Mrs. Nevin, tht" secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the House to wit: HR 6. By Messrs. Fortson of Wilkes, Harrison of Jenkins, Cates of Burke, and others: A resolution expressing sincere regret of the tragic loss in the death of President Roosevelt and registering hope that the deliberation of the conference of the United Nations shall soon have a successful consummation and prove worthy of the priceless heritage bequeathed through the life and service of Franklin Delano Roosevelt. 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 5. By Senator Millican of the 52nd: A resolution by the Senate, the House concurring, that the Generij Assembly adjourn sine die. The following resolution of the Senate was read: SR 5. By Senator Millican of the 52nd: Be it resolved by the Senate, the House concurring, that the General Assembly adjourn sine die. The following substitute to SR 5 was read: Substitute for SR 5. By Mr. Harris of Richmond: BE IT RESOLVED BY THE HOUSE, the Senate concurring, that the extraordinary session of the General Assembly of Georgia stand adjourned Jc2 JOURNAL OF THE HOUSE, sine die June 2, 1945, at eleven o'clock A. M. in order to give time for the Senate to consider the House bill exempting motor fuel used in farm tractors from four cents of the ~as tax. Mr. Williams .of Coffee moved that the House unanimously adopt the substitute to SR 5. The motion prevailed and the substitute was adopted. The following message was received from the Senate through Mrs. Nevin, the secretary thereof: Mr. Speaker: The Senate disagrees to the House substitute to the following resolution of the Senate towit: SR 5. By Senator Millican of the 52nd: A resolution resolved by the Senate, the House concurring, that the General Assembly adjourn sine die. Mr. Culpepper of Fayette moved that the House recede from its position on the adoption of the substitute to SR 5. The motion prevailed and the House recedt>cl from its position on the adoption of the substitute to SR 5. The following resolution was adopted: SR 5. By Senator Millican of the 52nd: Be it resolved by the Senate, the House concurring, that the General Assembly adjourn sine die. The following resolutions of the House were read and adopted: HR 9. By Mr. Durden of Dougherty: BE IT RESOLVED by the House, the Senate concurring, that a committee of five (5), three to be named by the speaker of the House and two by the president of the Senate, be appointed to notify His Excellency the Governor that the General Assembly has completed the business of the extraordinary lession and now stands ready to adjourn the extraordinary session sine die. Under the provisions of HR 9 the speaker appointed the following members as a committee on the part of the House: Messrs. Connell of Lowndes, McCurdy of DeKalb and Jennings of Terrell. HR 10. By Mr. Durden of Dougherty: Be it resolved by the House that a committee of five, to be appointed by the chairman of the Auditing Committee from that committee, the clerk of the house, the postmistress and the assistant postmistress are hereby authorized to remain over after the adjournment of the present session for a period of three days and dra~ their usual per diem. By nature of SR 5 the speaker declared the House adjourned sine die. INDEX TO JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE Four-Days Extraordinary Session Commenced at ATLANTA, TUESDAY, :\IAY 29, 1945 OFFICERS OF THE HOUSE OF REPRESENTATIVES Extraordinary Session 1945 ROY V. HARRIS, of Richmond............................................................................Speaker FRED HAND, of :\1itche1L...............................................................Speaker Pro Tern. 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 .MRS. RAIFORD GAFFNEY, of Fulton................................................Journal Clerk JOSEPH M. BRANCH, of Washington............................................................Chaplain HUGH STRIPLIN, of Heard........................................................................Messenger MARION TOMS, of Quitman......................................................................Doorkeeper INDEX 35 House Bills HH I. l\lotor .Fuel Tax Law, to amend by exempting gasoline used in farming operations from the tax........................................................9, 17, 23 HB 2. Liquor stores. to establish under the direction of the Revenue Commission; to regulate the sale of alcoholic beverages................................\I H H 3. Pharmacy, to license persons to practice who are already registered pharmacists in the State of N evada ..................................................9, 20 HH 4. ln>urance, to create a hailstorm insurance rate commission.................... IO, 18 House Resolutions HR 1. To notify the Senate that the House has convened in extraordinary session and is ready for the transaction of business............................8 HR 2. To notify the governor that the House has 'convened in extraordinary session and is ready for the transaction of business..............8, 11 HR 3. Governor's message to the General Assembly on May 29th, 1945........9, 11 HR 4. Amendment to the Constitution, making any governor eligible for reelection...................................................................................... lO, 18, 23, 26 HR 5. Grice, Justice Warren, extending sympathy to family on death of.............. lO HR 6. Roosevelt, Franklin Delano, lamenting death of......................................l8, 31 HR 7. House pledges its cooperation in efforts of Governor and Speaker of House for good state government..................................................29 HR 8. Gowen, Hon. Charles L.. congratulated on his election to the presidency of the Bar Association......................................................................30 HR 9. To notify the Governor that the House has completed the business of the extraordinary session. and is ready to adjourn............31, 32 HR 10. That Clerk of the House, postmistress and assistant postmistress be authorized to remain over three days after the adjournment of the extraordinary session........................................................32 Senate Resolutions SR 3. Amendment to Constitution, to authorize governor to run for second term ............................................................................................................23 SR 4. Truman, President Harry, invited to address General Assembly in 1946..........................................................................................................22, 29 SR 5. Adjournment of General Assembly sine die................................................31, 32 36 INDEX Alphabetical Index A Adjournment of General Assembly sine die, SR 5_____________________________________________ 31, 32 Amendment to Constitution, making any governor eligible for reelection. H R 4-1 a ------------------------------------- -----------------------------------------------------------1 0. 18, 23-26 Amendment to Constitution, to authorize Governor to run for second term, SR 3 -------------------------------------- -------------------------------- ---------------------------------------.23 B Boynton, Rep. of Union, scripture reading and prayer by _______________________________________ 15 c Clerk of House, postmistress, asst. postmistress, be authorized to ,;tay over for three days after adjournment of extraordinary session. HR 10 -------------------------------------------------.. --------------------------------------------------------------------.32 Committee (Special) to escort Governor to address General Assembly. HR 3___________ 9 Committee (Special) to notify Governor that House is in session and ready for transaction of business, HR 2 ------------------------------------------------------------------8 Committee (Standing) Amendment to Constitution No. 2______ _________ 10, 17 Committee (Standing) Auditing_________________________________ __ ___________ ____ __ _______________ 32 Committee (Standing) Engrossing__________________________ ---------------------------------------.26, 27 Committee (Standing) Enrollment__________ --------------------------------------------------- ____________________ 19 Committee (Standing) Hygiene and Sanitation ------------------------------------------- ---------------19 Committee (Standing) I nsu rance-----------------------------------------------------------------------------------17 Committee (Standing) JournaL ________________________________ ----------------------------------------16. 23, 28 Committee (Standing) Rules.__ _______________________________________________________________________________ 9, 16, 29 Committee (Standing) Ways and Means____________________________________________________ --------------- ___ 16 D Davis, Dr. J. B., scripture reading and prayer hY-------------------------------------------------------5 E Fortson, of Wilkes, arose on the point of personal privilege and addressed the House________ ------------------------------ -------------------------------------------------------------------------------.28 G Governor's address to General Assembly________________ ------------------------------------------- ..... 12, 14- Governor, to address General Assembly, HR 3___________ ----------------------------- _____________9, 11 Governor's message through Executive Secretary______________________________________________________.28 Gowen. Hon. Charles L., congratulated on his election to presidency of Bar Association, HR 8________________ ---------------- _ --------------------- Guice, Justice Warren, extending sympathy to his family on death of. HR 5_______ ----------------------------------------------------------------------------------------------------- _________ 30 -------- 10 INDEX 37 H House, pledges support to State Government, HR 7....................................................29 Humphreys, Judge Robert H., presented to House................................................. _____ ]6 I Insurance, to create hailstorm insurance rate, H H 4... -- ______________ JO, 18 L Lyons High School, graduating class. ------------------- ---------------------------12 M :Message from Senate, notify Clerk of House that Senate has reconvt!ned __________ _12 l\'Iotor Fuel Tax Law, to amend hy exemptinl! gasoline used in farm op- erations from tax, H H I --------------- --------------------- _____ 9, 17, 23 N Notify Senate that House is in session and ready for transaction of busi- ness, HR ~------------------------------------------------------------------------------------------------------------------8 Notify Governor that House is in session and ready for transaction oi business, HR 2....---------------------------- ---------------------------------- ----------------- ________________8, II Notify Governor that House is ready to adjourn extraordinary session. H R 9........ -------------------------------------------------------------------- ____________________ _.....31, 32 p Pharmacy, to license persons ~o practice pharmacy who are already reg- istered pharmacists in Nevada, HB 3--------------------------- .......... 9, 20 Proclamation, calling General Assembly in extraordinary sessiOn_________ ------ __ 5 R Roosevelt, Franklin Delano, lamenting death of, HR 6................ ... 18, 31 s State liquor stores, to establish to regulate sale of alcoholic beverages under direction of Revenue Commission. HB 2.. --------------------------------- ___________________9 T Thompson, M. E., presented to House _______________________ ------------------------------------- ......... .29 Truman, President Harry, invited to address General Assembly in 1946, SR 4-------------------------------------------------------- ---------------------- --------------------------------- _______ .22. 29