Journal of the House of Representatives of the State of Georgia at the regular session of the General Assembly commenced at Atlanta, Monday, January 13, 1947

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Collection:: Georgia Government Publications
Serial:: Journal of the House of Representatives of the State of Georgia.
Title:: Journal of the House of Representatives of the State of Georgia at the regular session of the General Assembly commenced at Atlanta, Monday, January 13, 1947
Creator:: Georgia. General Assembly. House of Representatives
Publisher:: [Decatur, Ga.] : [Bowen Press],
Date of Original:: 1947
Subject:: Georgia--Politics and government
Location:: United States, Georgia, 32.75042, -83.50018
Medium:: state government records
Type:: Text
Format:: application/pdf
Description:: Includes extraordinary sessions
External Identifiers:: Call Number GA L404 1947
Metadata URL:: https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl404-b1947
Digital Object URL:: https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl404-b1947
Language:: eng
Holding Institution:: University of Georgia. Map and Government Information Library
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JOURNAL'
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEl\ffiLY
Commenced at ATLANTA, MONDAY, JANUARY 13, 1947
1947 Darby Printing Company
Atlanta, Ga.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1947
FRED HAND ..... ........ ....... .... .. ....... ... ... ...... ... ........ .. ........ ............ ............... Speaker
MITCHELL CouNTY
GEORGE L. SMITH, II... ....... ..... .... .... ..... .. .......... . ...... .........Speaker Pro Tem.
EMANUEL CouNTY
JOE BOONE: .. .......................................................................................... Clerk
WILKINSON CoUNTY
NEIL GILLIS . . ......................................................................... Reading Clerk
TREUTLEN CoUNTY
JACK GREEN ............................................................................. Message Clerk
RABuN CouNTY
H. B. GARRETT ............. ................................................ ............... Calendar Clerk
FuLTON CouNTY
MARION TOMS .................................................................................... Doorkeeper
QUITMAN CoUNTY
HUGH STRIPLIN .................................................................................. Messenger HEARD CoUNTY

j j j j j j j j j j j j j j j j j j j j j j j j

HOUSE JOURNAL
REGULAR SESSION FIRST DAY
JANUARY 13, 1947

Representative Hall, Atlanta, Georgia. M1mday, January 13, 1947.

The Representatives-elect of the General Assembly of Georgia for the years 1947-1948 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., Clerk of the House of Representatives.
The invocation was delivered by Dr. Stewart Oglesby, Pastor of the Central Presbyterian Church of Atlanta.
The Secretary of State transmitted to the Clerk the following list of names of the Representatives-elect:

State of Georgia Department of State
Atlanta Ben W. Fortson, Jr., Secretary of State

Clerk of the House of Representatives State Capitol Atlanta, Ga.

January 13, 1947

Dear Sir:
I am transm1ttmg herewith the names of the Representatives elected in tile general election held November 5, 1946, to represent the various counties in the General Assembly for the years 1947 and 1948, as the same appear from the consolidation of returns of said election which are of file in this office.
I am also transmitting herewith tile consolidation of votes in a'. special election held in the County of Chattahoochee to fill a vacancy caused by the death of M. R. Hollis.
Very truly yours,
Ben W. Fortson, Jr., Secretary of State

6

JOURNAL OF THE HOUSE,

State of Georgia Office of Secretary of State

I, Ben W. Fortson, Jr., 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 fifth day of November, 1946, as the same appear from the consolidated returns of said election, which returns arc of file in this office, the name of the county being given opposite the name of the Representative elected.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 13th day of January, in the year of our Lord One Thousand Nine Hundred and Forty-se\f'n and of the Independence of the United States of America the One Hundred and Seventy-first.

(Seal)

Ben W. Fort~m:, ./r., Se~r< ry of State.

REPRESENTATIVES GENERAL ASSEMBLY ELECTEI' e; THE
GENERAL ELECTION NOVEMBER 5, 1946

County

Nam

Appling ...........................................................................................]. A. Tukn Atkinson ........................................................................................ Maynard Higt:' Bacon .............................................................................................. Homer L. Caus-!y

Baker ......................................................................................................]. M. Etheridge

Baldwin ...................................................................................................]. L. Sibley Jennings

Baldwin ................................................................................................E. Culver Kidd

Banks ......................................,.............................................................Oscar Rucker

Barrow ....................................................................................................]. Julian Bennett

Bartow .................................................................................................... ]. L. Davis

Bartow ............................... ,................................................................... Leroy N. Jenkins

Ben Hill ..................................

.. ............................................. C. 0. (Bud) Walker

Berrien ..

................... .J. H. Swindle

Bibb . .....................................

.. .................:........... Marvin E. Kemper '

Bibb ............................

..................

.. ............... W. Horace Vandiver

Bibb ........................................................................................................ Lewis D. Wilson

Bleckley ..................................................................................................James Marion Dykes

Brantley ..................................................................................................W. H. Jones

Brooks .................................................................................................... H. R. Garrett

Bryan ...................................................................................................... W. K. Smith, M.D.

Bulloch .................................................................................................. J. Brantley Johnson, Jr.

Bulloch ......................................................................~........................... L. M. Mallard

Burke .....................................................................................................]. J. Bargeron

Burke ..................................................................................................... Frank M. Cates

Butts ......................................................................................................Benjamin B. Garland

Calhoun ................................................................................................]. D. Cowart, Jr.

MONDAY, JANUARY 13, 1947

7

County

Name

Camden... ....................................................................................... Q. L. Claxton

Candler .................................................................................................. F. H. Sills

Carroll .................................................................................................... Herschel L. Reid

Carroll ................................................................................................... Willis Smith

Catoosa .................................................................................................. James Evitt, Jr.

Charlton .................................................................................................Ralph Knabb

Chatham ..................................,...........................................................R. E. Evans

Chatham ................................................................................................Herbert C. Skinner

Chatham ................................................................................................Malberry Smith, Jr.

Chattahoochee ......................................................................................M. R. Hollis

Chattooga ............................................................................................H. Grady Ramey

Cherokee ................................................................................................ B. A. Manous

Clarke ................................................................................................Jake B. Joel

Clarke ...................................................................................................Jack R. Wells

Oay .................................................................................................Jim Gibbons

Clayton ..................................................................................................A. B. Smith

Oinch ..................................................................................................Ben T. Willoughby

Cobb Cobb
~offee

..............................................................................................Sam J. Welsch ..............................................................................................Harold S. Willingham ...............................................................................................Henry C. Ellis

Coffee ..............................................................................................Micajah Vickers

Colquitt ..............................................................................................Robert E. Cheshire

Colquitt Columbia Cook Coweta Coweta

..............................................................................................William H. Riddlespurger ..........................................................................................Glenn S. Phillips
.............................................................................................D. F. Bruton .................................................................................Henry C. Arnall ...................................................................:......Myer Goldberg

Crawford

....................................................................................... Clifford R. Avera

Crisp .................................................................................................Palmer H. Greene

Dade Dawson

.....................................................................................Rufus W. Massey ...............................................................................Dr. Marcus L. Howard

Decatur ............................................................................................Tom E. Rich

Decatur .............................................................................................S. N. Cox, Sr.

DeKalb

...........................................................................................Pierre Howard

DeKalb ...................................................................................................H. 0. Hubert, Jr.

DeKalb ..................................................................................................W. Hugh McWhorter

Dodge ......................................................................................................Eugene E. Yawn

Dooly .....................................................................................................Leon F. Beddingfield

Dougherty ..............................................................................................Adie N. Durden

Dougherty ..............................................................................................George L. Sabados

Douglas.................................................................................................... Alpha A. Fowler, Jr.

Early ......................................................................................................Wilton B. Bostwick

Echols ....................................................................................................J. E. Padgett

Effingham .............................................................................................H. C. Tuttle

8

JOURNAL OF THE HOUSE,

County

Name

Elbert

...........................................................E. J. Pulliam

Emanuel

.........................................................H. C. Edenfield

Emanuel ................................................................................................George L. Smith, II Evans .....................................................................................................J. B. Glisson

Fannin ....................................................................................................R. T. Hampton Fayette ....................... .. ........................................................................Grady L. Huddleston

Floyd ......................................................._...............................................Dean Covington

Floyd ......................................................................................................M. G. Hicks

Floyd ....................................................................................................A. D. Littlejohn Forsyth ................................................................................................. Jay L. Holbrook

Franklin ................................................................................................Ben F. Cheek

Fulton ..................................................................................................Paul S. Etheridge, Jr.

Fulton ....................................................................................................W. C. Kendrick

Fulton ....................................................................................................M. M. (Muggsy) Smith

Gilmer ....................................................................................................W. A. Whitener

Glascock ................................................................................................G. M. Hardin

Glynn ....................................................................................................Charles L. Gowen

Glynn ....................................................................................................Bernard N. Nightingale

Gordon ...:................................................................................................Buford A. Ingle Grady ......................................................................................................G. B. Trulock

Greene ....................................................................................................Miles Walker Lewis

Gwinnett ................................................................................................Emmett 0. Dobbs, Jr. Gwinnett ................................................................................................Rhodes Jordon

Habersham ............................................................................................Frank D. Garrison

Hall ..........................................................................................................A. Richard Kenyon

Hall ..........................................................................................................Howard T. Overby

Hancock ......................................... .".......................................................John C. Lewis

Haralson ............................................................................................... James R. Murphy

Harris ......................................................................................................Zade Kenimer

Hart ........................................................................................................T. H. Risner

Heard ......................................................................................................A. C. Caswell

Henry ............................................................................................... Joseph Mann

Houston ................................................................................................. John W. Bloodworth

Irwin ........................................................................................................D. J. Henderson

Jackson ..................................................................................................C. E. Hardy

Jasper ......................................................................................................Wm. H. Key

Jeff Davis ..............................................................................................C. C. Harrison

Jefferson ...............................................................................................J. Roy McCracken

Jenkins ..................................................................................................Walter Harrison

Johnson .................................................................................................J. H. Rowland

Jones ......................................................................................................W. B. Williams

Lamar ....................................................................................................A. N. Moye

Lanier ...................................................................................................John W. Greer

Laurens ..................................................................................................W. Herschel Lovett

MONDAY, JANUARY 13, 1947

9

County

Name

Laurens

..........................................................................................Linton G. Malone

Lee ........................................................................................................ C. C. Ansley Liberty ...................................................................................................Marvin F. Clark, Jr.

Lincoln .................................................................................................J. P. Wells Long ......................................................................................................Robert L. Watford, Sr.

Lowndes ................................................................................................Country Johnson

Lowndes ...............................................................................................}. E. Mathis

Lumpkin

...................................................................................G. H. Moore

Macon ....................................................................................................Tom Coogle

Madison ..............................................................................................A. F. Seagraves

Marion . .......................................................................................... E. C. Stevens

McDuffie

..................................................................................Leonard N. Lokey

Mcintosh

..................................................................................W. E. Williams

Meriwether ...........................................................................................0. W. Hill

Meriwether ........................................................................................... G. C. Thompson

Miller .... .... .....................................................................................Henry M. Miller
Mitchell ............................................................................................Fred Hand Mitchell ..................................~ ...............................................................Frank S. Twitty

Monroe ....................................................................................................W. Buford Mitchell Montgomery ..........................................................................................Walter B. Morrison

Morgan .................................................................................................. C. R. Mason

Murray .... .. ...........................................................................................Fred F. Long Muscogee ................................................................................................}. Robert Elliott

Muscogee ................................................................................................Ralph M. Holleman 1\fuscogee ................................................................................................!. Lawrence Shields Newton ............................................................................................... A. M. Campbell Oconee .............................................................~......................................Robert M. Nicholson Oglethorpe .............................................................................................}. C. Smith

Paulding ...............................................................................................George T. Bagby

Peach .....................................................................................................Sam M. Mathews

Pickens .................................................................................................}. I. Hefner

Pierce ....................................................................................................L. H. Oden

Pike ..................................................................................................W. J. Barrett, Jr.

Polk .......................................................................................................W. Roy Adams

Polk .......................................................................................................Paul W. Hurt

Pulaski ..................................................................................................D. C. Chalker

Putnam ..................................................................................................Grady Leverette, Sr.

Quitman ..................................................................................................Loren Gary, M.D.

Rabun ....................................................................................................Paul Green

Randolph ................................................................................................W. H. Lockett

Richmond ..............................................................................................Henry P. Eve

Richmond ..............................................................................................WilliamS. Morris

Richmond ............................................................................................John Bell Towill

Rockdale ...................:............................................................................James C. Mann

10

JOURNAL OF THE HOUSE,

County

Name

Schley .................................................................................................Charles (Buddy) Battle

Screven .................................................................................................G. Elliott Hagan

Seminole

............................................................................Bartow Gibson

Spalding

...............................................................R. L. (Bob) Addleton

Spalding

..........................................................John J. Flynt, Jr.

Stephens

.....................George B. Ramsay. Jr.

Stewart .

..............................................Byron C. Anglin

Sumter .

.........................Theron D. Jennings

Sumter ............................................. .

............W. G. Pearlman

Taliaferro

............................................... .

...................William R. Moore

Talbot . ................................. ......................... .

....H. Chris Callier

Tattnall .................................................................................................J. D. Bradley, Jr.

Taylor ......................................................................................................Garland T. Byrd Telfair ..................................................................................................John K. Whaley Terrell ...................................................................................................Mrs. Rebecca Laing Raine~ Thomas ..................................................................................................W. B. Cochran, Jr. Thomas ..................................................................................................Lawson Neel Tift ........................................................................................................!. Y. Conger

Toombs ..................................................................................................Garland H. Williams

Towns ...................................................................................................E. L. Adams

Treutlen ..................................................................................................I. H. Hall

Troup .......................

.. ........................................................... H. W. Caldwell

Troup

............................................................................. M. E. Groover, Sr.

Troup

............................................................................. Tom Morgan

Turner

................................................................Clyde Z. Hardin

Twiggs

.............................................................................Homer L. Chance

Union

...............................................~......................W. T. Meeks, Jr.

Upson ......... .............. .....................................................................Robert A. Freeman

Upson .....................

....................................................................H. Doyal Salter

Walker ....................................................................................................Ray Crow

Walker ................................................................................................... John L. Mavity

Walton ................................................................................................... J. E. Briscoe, Jr.

Ware ........................................................................................................Wayne Hinson

Ware......................................................................................................... Jack Williams

Warren ...................................................................................................Jack B. Ray

Washington ......................:.....................................................................W. C. McMillan

Washington ............................................................................................Lonnie J. Moye, Jr.

Wayne ....................................................................................................Robert L. Harrison

Webster ..................................................................................................]. L. Black

Wheeler ..................................................................................................Wallace Adams

White .....................................................................................................Guy C. Dorsey Whitfield ................................................................................................W. A. Britton

Whitfield ................................................................................:...............Stafford Brooke

Wilkes ...................................................................................................H. G. Garrard

MONDAY, JANUARY 13, 1947

11

County Wilcox

Name
F: ...........................................................................................Dr. J. Witherington

Wilkinson ..............................................................................................Lee W. Pennington

Worth .....................................................c.:....................................W. J. Crowe

Worth ......................................................................................................C. J. Hobby

State of Georgia Department of State
Atlanta Ben W. Fortson, Jr. Secretary of State

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

Dear Sir:
I hereby certify that a special election was held in Chattahoochee County, Georgia, on the 8th day of January, 1947, for the purpose of electing a member of the House of Representatives in the County of Chattahoochee, and that consolidated returns of said special election, which are of file in this office, show the following result:

For Member of the House of Representatives in the County of Chattahoochee: Joe N. King received 127 votes. D. E. McGlaun received 104 votes.

Given under my hand and official seal this 13th day of January, 1947.

(Seal).

BEN W. FORTSON, Ja.,
Secretary of State.

The roll of Counties was called and the Representatives-elect came forward to the bar of the House, and the oath of office was administered by Justice William Y. Atkinson of the Georgia Supreme Court and Judge Hugh Macintyre of the Georgia Court of Appeals.
The next order of business being the election of a Speaker, Mr. Twitty of Mitchell placed in nomination the name of Honorable Fred Hand of Mitchell, the nomination being seconded by Messrs. Smih of Bryan, Bargeron of Burke, Cheek of Franklin, and Kidd of Baldwin.
Mr. Cates of Burke moved that the nominations be closed, and the motion prevailed.

12

JOURNAL OF THE HOUSE,

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

Adams of Polk Adams of Towns Adams of Wheeler Addleton Anglm Arnall Avera Bagby Bargeron Battle Beddingfield Bennett Black Bloodworth Bostwick Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chalker Chance Cheek Cheshire Clark Claxton Cochran Conger Coogle Covington Cowart Cox Crow of Walker Crowe of Worth Davis Dobbs Dorsey

Durden Dykes Edenfield Elliott Etheridge of Baker Etheridge of Fulton Evans Eve Evitt Flynt Fowler Freeman Garland Garrard Garrett Garrison Gary Gibbons Gibson Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Hefner Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of Dawson Howard of DeKalh

Hubert Huddleston Hurt Ingle Jenkins Jennings of Baldwin Jennings of Sumter Joel Johnson of Bullock Johnston of Lowndes Jones Jordan Kemper Kendrick Kenimer Kenyon Key Kidd King Knabb Leverette Lewis of Greene Lewis of Hancock Lockett Lokey Long Lovett McCracken McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Moore of Taliaferro Morgan Morris

MONDAY, JANUARY 13, 1947

13

Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Nightingale Oden Overby Padgett Pearlman Pennington Phillips Pulliam Rainey Ramey Ramsey Ray Reid Riddlespurger Rich

Risner Rowland Rucker Sabados Salter Seagraves Shields Sills Skinner Smith of Bryan Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Stevens Swindle Thompson Towill Trulock Twitty

Tuten Tuttle Vandiver Vickers Walker Watford Wells of Clarke Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Willoughby Wilson Witherington Yawn

Those not voting were Representatives Ansley, Barrett, Ellis, Groover, Harrison of Wayne, Littlejohn, Mavity, Miller, Moore of Lumpkin and Smith of Carroll.

Upon consolidating the votes cast, it was found that Honorable Fred Hand had received 193 votes, being the entire number of votes cast.

Hon. Fred Hand of Mitchell was declared elected Speaker of the House for the ensuing term of two years.

The Chair appointed the following Committee to escort the Speaker to the Speaker's stand:

Messrs. Twitty of Mitchell Bargeron of Burke Jennings of Baldwin

The Speaker was escorted to the Speaker's stand 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 Messrs. Bagby of Paulding and Murphy of Haralson.
Mr. Sabados of Dougherty placed in nomination the name of Honorable Joe Boone of Wilkinson, which nomination was seconded by Messrs. Joel of Clarke and Pennington of Wilkinson.
Mr. Twitty of Mitchell moved that the nominations be closed, and the motion prevailed.

14

JOURNAL OF THE HOUSE,

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

ELECTION OF CLERK

Those voting for Mr. McCutchen were:

Adams of Polk Arnall Avera Bagby Battle Beddingfield Black Bloodworth Britton Brooke Caldwell Campbell Caswell Causey Cheek Cheshire Claxton Covington Dobbs Dorsey Durden Edenfield Etheridge of Fulton Evans Eve Evitt Freeman Garrison Gibbons Gibson

Goldberg Gowen Greene of Crisp Groover Hagan Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jenkins Hefner Hill Hinson Holbrook Holleman Hubert H1Ut Ingle Jenkins Jennings of Sumter Kemper Kenimer Kenyon Key King Knabb Lewis of Greene Littlejohn :\fcWhorter :Mallard

Mr. McCutchen: 89.

Those voting for Mr. Boone were:

Adams of Towns Adams of Wheeler Addleton Anglin Ansley Bargeron Barrett Bennett

Bostwick Bradley Briscoe Bruton Byrd Callier Cates Chal,ker

Mason Meeks Moore of Taliaferro Morgan l\Iorris Murphy Nee] Nicholson Nightingale Pearlman Phillips Reid Riddlespurger Seagraves Shields Skinner Smith of Bryan Smith of Clayton Smith of Fulton Smith of Oglethorpe Stevens Towill Trulock Watford Wells of Clarke Welsch Williams of Toombs Williams of Ware Willingham
Chance Clark Cochran Conger Coogle Cowart Cox Crow of Walker

MONDAY, JANUARY 13, 1947

Crowe of Worth Davis Dykes Elliott Ellis Etheridge of Baker Flynt Fowler Garland Garrard Garrett Gary GUsson Green of Rabun Hall Harrison of Jeff Davis Henderson Higgs Hobby Howard of Dawson Howard of DeKalb Huddleston Jennings of Baldwin Joel Johnson of Bullock Johnston of Lowndes Jones Jordan

Kendrick Kidd Leverette Lewis of Hancock Lockett Lokey Long Lovett McCracken McMillan Malone Mann of Henry Mann of Rockdale Manous Massey Mathews Mathis Mitchell Miller Morrison Moye of Lamar Moye of Washington Oden Overby Padgett Pennington Pulliam Rainey

15
Ramey Ramsay Ray Rich Risner Rowland Rucker Sabados Salter Sills Smith of Chatham Smith of Emanuel Swindle Twitty Tuten Tuttle Vandiver Vickers Walker Wells of Lincoln Whaley Williams of Jones Williams of Mcintosh Willoughby Wilson Witherington Yawn

Mr. Boone: 107.

Those not voting were Representatives Greer, Harrison of Wayne, Hicks, Mavity, Moore of Lumpkin, Smith of Carroll and Thompson.

Mr. Jones of Brantley moved that the verification of the roll call be dispensed with.

On the motion to dispense with the verification of the roll call, the ayes were 51, nays 70, and the motion was lost.

The roll call was verified.

Upon consolidating the votes cast, it was found that Mr. Boone had received 107 votes, and Mr. McCutchen, 89.

Hon. Joe Boone of Wilkinson was declared elected Clerk of the House for the ensuing term of two years.

16

JOURNAL OF THE HOUSE,

The Speaker appointed the following Committee to escort the Clerk to the stand:

Messrs. Sabados of Dougherty Joel of Clarke Pennington of Wilkinson

The Clerk was escorted to the Clerk's stand, where he was administered the oath of office by the Speaker.

The following communication was filed with the clerk:
State of Georgia Executive Department
Atlanta Ellis Arnall, Governor P. T. McCutchen, Jr., Executive Secretary

January 13, 1947 Mr. Speaker and Representatives:
It is my duty to transmit herewith an Executive Communication under seal.

Paragraph XI, Section I, Article V of the State Constitution provides, in part, as follows:
"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."

Pursuant to the above provision of the Constitution, I wish to report that the following reprieves have been granted since the last session of the General Assembly:

Name of Prisoner Barnes, Willis Morris, L. H. Russaw, Willie Henry Harper, Will Edmonds, Luke
McKay, George Hill, J. C. Morakes, Nick

Crime Murder Murder Murder Rape Murder
Murder Murder Murder

Sentence Death Death Death Death Death
Death Death Death

Date of Sentence March 7, 1946 April 12, 1946 Nov. 12, 1945 Aug. 2, 1946 Sept. 28, 1945
Sept. 5, 1946 March 25, 1946 Nov. 4, 1945

Date of Reprieve
March 25, 1946 April 24, 1946 July 16, 1946 Aug. 17, 1946 Aug. 20, 1946 Nov. 19, 1946 Sept. 16, 1946 Oct. 4, 1946 Oct. 31, 1946

MONDAY, JANUARY 13, 1947

17

Reprieves in the cases of Willis Barnes and Willie Henry Russaw were granted for the purpose of allowing sanity commissions to determine whether they had become insane subsequent to the date of conviction. Both were found to be sane, and their requests for transfer to the Milledgeville State Hospital were .denied. The reprieves in the other cases were granted at the request of the State Board of Pardons and Paroles, in order to afford the board sufficient time to investigate and pass upon applications for commutation.

Respectfully submitted, The following Resolutions were read and adopted:

Ellis Arnall, Governor

HR. I. By Mr. Ray of Warren:

A RESOLUTION
Be it resolved by the House that the Clerk of the House notify the Senate that the House is organized by the election of Fred B. Hand as _Speaker and Joe Boone as Clerk and is ready for the transaction of business.

HR. 2. By Mr. Ray of Warren:
A resolution that a committee of five be appointed, two on the part of the Senate and three on the part of the House, to notify His Excellency, the Governor, that the General Assembly of Georgia has convened in regular session, has organized and is now ready for the transaction of business.

HR. 3. By Mr. Ray of Warren:
A resolution that the House adopt the rules of the 1945 and 1946 sessions as the rules of the Hovse for the 1947-48 sessions.

HR. 4. By Mr. Ray of Warren:
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:
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 as is paid to the members of the General Assembly.
SECOND, That the Speaker of the House of Representatives be authorized to appoint two assistants to the speaker and two secretaries to be paid the same as the members of the General Assembly. That the Speaker be authorized to appoint assistant messengers, assistant doorkeepers and gallery keepers at not to exceed $7.00 per diem, and pages at $3.00 per diem.

18

JOURNAL OF THE HOUSE,

THIRD, That the clerk be authorized to appoint the following employees of the House, at the compensation herein provided; six porters at $3.00 per diem; five copy readers at not to exceed $7.00 per diem; to assist and relieve the Enrolling and Engrossing Commit tees in reading and correcting all mistv.kes 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. Ray of Warren:
A resolution that the House and Senate meet in joint session in the Hall of the House of Representatives at 10:30 A. M., on January 14, 1947, for the purpose of opening and publishing the election returns.

The following messa~e 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 William Dean of the 34th as President pro tern and the Honorable Mrs. Henry W. Nevin of Whitefield county, as Secretary, and is ready for the transaction of business.

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, and Senator Weaver of the 51st:
Be it resolved by the Senate, the House concurring, that a committee of five, three to be named by the Speaker of the House and two by the President of the Senate, he appointed to notify His Excellency, the Governor, that the General Assembly has convened and organized in regular session for the transaction of business.

The President has appointed on the part of the Senate the following: Senator Ferguson of the 13th, and Senator Arnold of the 50th.
The followi~g Resolution of the Senate was read and adopted:
By: Senator Millican of the 52nd District Senator Weaver of the 51st District
Be it resolved by the Senate, the House concurring, that a committee of five, three to he named by the Speaker of the House and two by the President of the Senate, he appointed to notify His Excellency, the Governor, that the General Assembly has convened and organized in regular session for the transaction of business.

MONDAY, JANUARY 13, 1947

19

Under the proVIsions of SR No. 2, the Speaker appointed the following Committee on the part of the House:

Messrs. Hinson of Ware Evitt of Catoosa Kenimer of Harris

Mr. Durden of Dougherty moved that the House reconsider its action in adopting H. R. No.5.
On the motion to reconsider, Mr. Crowe of Worth moved the previous question, and the call was sustained.
The main question was ordered.
Mr. Durden of Dougherty asked unanimous consent to withdraw his motion for reconsideration, and the request was granted.

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 Senator Millican of the 52nd District; Senator Weaver of the 51st District:
A resolution by the Senate, the House concurring, that the Senate and House meet in joint session in the hall of the House of Representatives at 10:30 A.M., January
14, 1947, for the purpose of canvassing and publishing the election returns of the General Election of November 5, 1946, for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Soperintendent, Comptroller General, Treasurer, Commissioner of Agriculture and Commissioner of Labor; and the President of the Senate and the Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly.
The next order of business being the election of a Speaker Pro Tempore, Mr. Littlejohn of Floyd placed in nomination the name of Honorable Max Hicks of Floyd, which nomination was seconded by Messrs. Davis of Bartow and Hefner of Pickens.
Mr. Johnson of Bulloch placed in nomination the name of Honorable George L. Smith of Emanuel, which nomination was seconded by Messrs. Johnston of Lowndes and Overby of Hall.
Mr. Reid of Carroll placed in nomination the name of Honorable Tom Morgan of Troup, which nomination was seconded by Messrs. Battle of Schley and Rucker of Banks.
Mr. Flynt of Spalding moved that the nominations be closed, and the motion prevailed.

20

JOURNAL OF THE HOUSE,

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

Those voting for Mr. Smith were:

Adams of Wheeler Ansley Avera Bagby Bargeron Beddingfield Bennett Black Bloodworth Bostwick Bradley Briscoe Byrd Cates Chance Clark Cochran Coogle Cowart Cox Crowe of Worth Dykes Edenfield Ellis Etheridge of Baker Evans Eve Fowler Freeman Garrard Gary Gibbons Glisson Gowen Green of Rabun

Greene of Crisp Hagan Hall Hardin of Glascock Hardy Harrison of Jeff Davis Henderson Hicks Higgs Hinson Hobby Holleman Jennings of Baldwin Jennings of Sumter Joel Johnson of Bullock Johnston of Lowndes Kendrick Kenyon Key Kidd Lewis of Greene Lockett Lokey McCracken McMillan McWhorter Mallard Malone Mitchell Miller Moore of Taliaferro Morris Morrison Moye of Washington

Mr. Smith: 104.

Overby Pearlman Pennington Pulliam Rainey Ray Riddlespurger Rich Rowland Salter Seagraves Shields Sills Smith of Bryan Smith of Chatham Smith of Fulton Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Wells of Clarke Wells of Lincoln Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Willoughby Witherington

MONDAY, JANUARY 13i 1947

Those voting for Mr. Hicks were:

Adams of Polk Britton Brooke Campbell Chalker Cheek Covington Crow of Walker Davis Dorsey Durden Elliott Etheridge of Fulton Evitt Garland Goldberg
Mr. Hicks: 46.

Greer Hardin of Turner Hefner Hill Holbrook Howard of DeKalb Hubert Hurt , Ingle Kemper Knabb Leverette Lewis of Hancock Littlejohn Long Lovett

21
Mann of Rockdale Manous Mason Massey Mathews Moye of Lamar Murphy Nicholson Ramey Ramsay Risner Smith of Oglethorpe Welsch Witherington

Those voting for Mr. Morgan were:

Adams of Towns Addleton Anglin Arnall Barrett Battle Bruton Caldwell Callier Caswell Causey Cheshire Conger Dobbs
Mr. Morgan: 42.

Flynt Garrett Garrison Gibson Groover Hampton Howard of Dawson Huddleston Jenkins Jones Jordan Kenimer Mann of Henry Mathis

Meeks Morgan Neel Nightingale Phillips Reid Rucker Sabados Skinner Smith of Clayton Stevens Swindle Thompson Trulock

Those not voting were Representatives Oaxton, Harrison of Jenkins, Harrison of Wayne, King, Mavity, Moore of Lumpkin, Oden; Padgett, Smith of Carroll, Smith of Emanuel, Wilson and Yawn.

22

JOURNAL OF THE HOUSE,

Upon consolidating the votes cast, it was found that Mr. Smith of Emanuel had received 104 votes, Mr. Hicks of Floyd, <U> votes, and Mr. Morgan of Troup. 42 votes.
Honorable Geo. L. Smith of Emanuel was declared elected Speaker Pro .Tempore for the ensuing term of two years.

The Speaker appointed the following Committee of Escort to escort the Speaker Pro Tempore to the Speaker's stand:

M?ssrs. Overby of Hall, Johnston of Lowndes Johnson of Bulloch

The Speaker Pro Tempore was escorted to the Speaker's stand, where he addressed the House.
The next order of business being the election of a Messenger of the House, Mr. Reid of Carroll placed in nomination the name of Hon. Hugh W. Striplin, which nomination was seconded by Mr. Caswell of Heard.
Mr. Willoughby of Clinch moved that the nominations be closed, and the motion prevailed.

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

Adams of Polk Adams of Towns Addleton Anglin Ansley Avera Bagby Bargeron Barrett Bennett Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Caswell Cates Causey Chalker Chance

Cheek Clark Conger Coogle Covington Cowart Cox Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Eve Evitt Flynt Fowler

Freeman Garland Garrard Garrett Gary Gibbons Gibson Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Groover Hall Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Hefner Henderson Hicks

~IONDAY, JANUARY 13, 1947

23

Higgs
Ifill
Hinson Hobby Holbrook Holleman Howard of Dawson Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Jennings of Baldwin Jennings of Sumter Johnson of Bullock Johnston of Lowndes Jones Jordan Kemper Kendrick Kenimer Kenyon Key King Lewis of Greene Littlejohn Lokey McMillan McWhorter Mallard Malone

~fann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller Moore of Taliaferro Morris Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Nightingale Oden Overby Padgett Pulliam Rainey Ramey Ramsay Ray Reid Riddlespurger Rich Risner Rowland

Rucker Sabados Salter Seagraves Shields Sills Skinner Smith of Bryan Smith of Chatham Smith of Fulton Smith of Oglethorpe Stevens Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Wells of Oarke Wells of Lincoln Welsch Whaley Williams of Toombs Willingham Willoughby Yawn Mr. Speaker

Those not voting were Representatives Adams of Wheeler, Arnall, Battle, Beddingfield, Black, Campbell, Cheshire, Claxton, Cockran, Garrison, Hagan, Hampton, Joel, Kidd, Knabb, Leverette, Lewis of Hancock, Lockett, Long, Lovett, McCracken, Mavity, Moore of Lumpkin, Morgan, Pearlman, Pennington, Phillips, Smith of Carroll, Smith of Cla,ton, Smith of Emanuel, Trulock, Williams of Jones, Williams of Mcintosh, Williams of Ware, Wilson and Witherington.

Upon consolidating the votes cast, it was found that Mr. Striplin had received 166 votes, being the entire number of votes cast.

Hon. Hugh W. Striplin was declared elected Messenger of the House for the ensuing term of two years.
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 Marion Toms of Quitman, the nomination being seconded by Mrs. Rainey of Terrell.

24

JOURNAL OF THE HOUSE,

Mr. Sabados of Dougherty moved that the nominations he closed, and the motion

prevailed.

The roll call was ordei:ed and the vote was as follows:

Adams of Polk Adams of Wheeler Addleton Ansley Arnall Avera Bagby Bargeron Barrett Battle Beddingfield Bennett Black Bloodworth Bostwick Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Cates Causey Chalker Chance Cheek Cheshire Clark
Oaxto? Conger Coogle Covington Cowart Cox Crow of Walker Crowe of Worth Davis Dobbs Durden

Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Eve Evitt Flynt Fowler Freeman Garland Garrard Garrett Garrison Gary Gibbons Gibson Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Groover Hagan Hall Hampton Hardin of Glascock Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Hefner Henderson Hicks Higgs Hill Hinson Hobby Holbrook

Holleman Howard of ~awson Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Jennings of Baldwin Johnson of Bullock Johnston of Lowndes Jones Jordan Kemper Kendrick Kenimer Kenyon King Knabb Leverette Lewis of Greene Lewis of Hancock Littlejohn Lockett Lokey Long Lovett McCracken McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Mavity Meeks Mitchell

MONDAY, JANUARY 13, 1947

25

Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Nightingale Oden Overby Padgett Pearlman Pennington Phillips Pulliam Rainey Ramey

Ramsay Ray Reid Riddlespurger Rich Risner Rowland Rucker Sabados Salter Seagraves Shields Sills Skinner Smith of Bryan Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Thompson

Trulock Twitty Tuten Tuttle Vandiver Vickers Walker Watford Wells of Clarke Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Willoughby Wilson Witherington Mr. Speaker

Those not voting were Representatives Adams of Towns, Anglin, Caswell, Dorsey, Hardin of Turner, Higgs, Jennings of Sumter, Joel, Key, Kidd, Smith of Carroll, Stevens, Swindle, Towill and Yawn.
By unanimous consent, the verification of the roll call was dispensed with.

Upon consolidating the votes cast, it was found that Mr. Toms had received 189 votes, being the entire number of votes cast.

Hon. Marion Toms of Quitman was declared elected Doorkeeper of the House for the ensuing term of two years.

The following Resolution was read:
HR 6. By Messrs. Willingham of Cobb and Kenyon of Hall:
WHEREAS, The Honorable W. A. Whitener, Representative-elect from Gilmer County, departed this life before qualifying and taking the oath of office as Representative; and
WHEREAS, Delmar Mullinax is the present Representative from Gilmer County; and
WHEREAS, several weeks will be required under existing law before an election can be held; and .

26

JOURNAL OF THE HOUSE,

WHEREAS, under the Constitution, Article 12, Section 1, Paragraph 6, it is provided: "The officers of the Government now existing shall continue in the exercise of their several functions until their successors are duly elected or appointed and qualified." Therefore, under the foregoing the present Representative, Delmar Mullinax, should continue to serve until his successor is elected and qualified; and
I
WHEREAS, Article 3, Section 7, Paragraph 1 of the Constitution provides: "Each House shall be the judge of the election returns, and qualifications of its members, etc." Therefore, the House of Representatives is authorized and qualified to seat the present Representative until the election and qualification of his successor; and

WHEREAS, if the said Delmar Mullinax is not seated, Gilmer County will he without representation in the House of Representatives until such time as a successor can he elected and qualified; and

WHEREAS, it is the opinion of the House of Representatives that it is not intended by law that a County be without representation, and it was not the intent of the law that the functions of an officer of the Government cease to he performed pending election of a successor;

THEREFORE, BE IT RESOLVED by the House of Representatives, sitting as the sole judge of the qualifications of its members, that the said Delmar Mullinax, the present Representative of Gilmer County, he seated as a member of the House of Representatives, and that he be qualified to hold said seat in the same manner as the other members of the House, and to hold over as such member until his successor has been duly elected and qualified by taking the oath of office in this body as provided by law.

By unanimous consent, HR No. 6 was withdrawn. '
Mr. Ray of Warren moved thai the House do now adjourn, and the motion prevailed.

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

TUESDAY, JANUARY 14,.1947

27

Representative Hall. Atlanta, Georgia. Tuesday, January 14, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by Reverend Bernard Brown, Pastor 1st , Methodist Church, Pelham, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Ray of Warren, Acting Chairman on the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent. the reading of the Journal was dispensed with.
The journal was confirmed.

The following resolution of the House was read:
HR 7. By Messrs. Howard of DeKalb and Flynt of Spalding:
WHEREAS, the General Assembly of Georgia is about to participate in a session unparalleled in importance in Georgia history;
AND WHEREAS we subscribe to the principle that All government of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the people;
AND WHEREAS we believe that the members of the General Assembly are entitled to know positions of certain persons upon the question of a proposed special election ;
THEREFORE, be it resolved by the House of Representatives that an invitation be extended to Honorable Herman Talmadge and Honorable M. E. Thompson to immediately address the House of Representatives and state to said body whether he favors a special election for Governor of Georgia, and whether or not, if he is governor of Georgia, on January 15, 1947, he will stand before the General Assembly to provide the machinery for calling a special election at a time not less than twenty days nor more than sixty days after the passage of the necessary enabling legislation.
Mr. Crowe of Worth moved to table the resolution.
On a motion to table the resolution, the ayes were 86. nays 17.
The resolution was tabled.
Representative-elect Robert L. Harrison of Wayne appeared at the bar of the House and the oath of office was administered by Judge I. H. Sutton of the Court of Appeals of Georgia.

28

JOURNAL OF THE HOUSE,

The House recessed subject to the call of the chair.

The House was called to order.

Hon. G. H. Moore, Representativeelect of Lumpkin County, and Hon. Willis Smith, Representativeelect of Carroll County, appeared before the bar of the House and the oath of office was administered by Judge I. H. Sutton.

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 5. By Mr. Ray of Warren: A Resolution providing for a Joint Session of the House and Senate in the Hall of the House of Representatives at 10:30 A. M. on January 14, 1947, for the purpose of opening and publishing the election returns.
Under the provisions of HR No. 5 adopted in the House on January 13, 1947, and adopted in the Senate on January 14, 1947, the Senate appeared upon the floor of the House and the joint session, convened for the purpose of opening and publishing the election returns, was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the joint session.
The President announced that the joint session would recess until 2:00 P. M. this afternoon.
2:00 P.M.
The president called the joint session to order.
The following communication was received from the Secretary of State:
Department of State Atlanta
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby transmit to the President of the Senate for the President of the Senate and Speaker of the House of Representatives in Joint Session of the General Assembly the election returns of the election held on November 5, 1946, for Governor, Lieutenant Governor and Constitutional Officers, as the same have come to me.
Ben W. Fortson, Jr., Secretary of State

TUESDAY. JANUARY 14, 1947

29

Mr. Neel of Thomas asked unanimous consent to introduce a resolution.

The following resolution was read:
JSR 1. By Messrs. Neel of Thomas, Flynt of Spalding, Howard ef DeKalb, Battle of Schley, Pearlman of Sumter, and Moye of Lamar:
WHEREAS, the General Assembly of Georgia is about to participate in a session unparalleled in importance in Georgia history;
AND, WHEREAS, we subscribed to the principle that all government of right originates with the people, is founded upon their will only, and is instituted sol6ly for the good of the people;
AND, WHEREAS, we believe that chaotic conditions will prevail in Georgia during at least the next two years if a governor is chosen in any way, other than by the direct vote of the people of this state;
AND, WHEREAS, we believe that the members of the General Assembly are entitled to know the positions of certain persons upon the question of a proposed special election;
THEREFORE., BE IT RESOLVED by the General Assembly in joint session assembled, that an invitation be extended to Honorable M. E. Thompson and Honorable Herman Talmadge to immediately address this General Assembly and state to said body whether he is in favor of a special election for Governor of Georgia, and whether, if he is Governor of Georgia on January 15, 1947, he will stand before the General Assembly in joint session and request said General Assembly to provide the machinery for calling a special election for Governor at a time not less than twenty days nor more than sixty days after the passage of the necessary enabling legislation. Said election to be held under the existing laws of the State of Georgia and both candidates agreeing that neither of them will ask the present State Democratic executive committee to take any action prior to the election date.
The president ruled the resolution out of order.

The following resolution was read:
JSR 2. By Mr. Elliott of Muscogee:
BE IT RESOLVED that the General Assembly proceed to open, canvass and publish the returns of the general election held November 5th, 1946, for Governor, Lieutenant Governor, Secretary of State, Treasurer, Attorney General, Comptroller
to General, Commissioner of Agriculture and Commissioner of .Labor, and that for
this purpose a committee of tellers be appointed make the tabulation, said committee to be composed of two members of the Senate to be named by the president of the Senate, and three members of the House to be named by the Speaker of the House.
BE IT FURTHER RESOLVED that said committee be instructed as follows:
1. To proceed with said tabulation immediately.

30

JOURNAL OF THE HOUSE,

2. To conduct the tabulation in the hall of the House of Representatives in the presence of the entire General Assembly.

3. When the tabulation for all offices is complete, to make a separate report of the returns of the election for each of the above named offices.

4. To make no recommendation concerning action of the General Assembly thereon.

5. To submit said reports separately and in the following order:

(1) Governor

(2) Lieutenant Governor

(3) Secretary of State

(4) Treasurer

(5) Attorney General

(6) Comptroller General

(7) Commissioner of Agriculture

(8) Commissioner of Labor

(9) State School Superintendent

BE IT FURTHER RESOLVED that the General Assembly act upon said reports in thi~ order:

(1) Governor

(2) Lieutenant Governor (3) Secretary of State

(4) Treasurer (5) Attorney General (6) Comptroller General

(7) Commissioner of Agriculture (8) Commissioner of Labor

(9) State School Superintendent

BE IT FURTHER RESOLVED that no report of the returns in any election other than the election of Governor be read or acted upon until final action has been taken on the election of a Governor and until the inauguration of a Governor, in the event a Governor is elected by the General Assembly.

TUESDAY, JANUARY 14, 1947

31

The following substitute to JSR 2 was read:

By Senator Millican of the 52nd:
BE IT RESOLVED by the General Assembly of Georgia in joint session, that a committee of five members be appointed. Two members from the membership of the Senate, appointed by the president of the Senate, and three members from the membership of the House, appointed by the speaker of the House, to assist the president of the Senate and the speaker of the House in acting as teller in the canvassing of the returns of the general election of November 5, 1946, as provided in the joint resolution adopted by the Senate and the House on January 13, 1947. When the canvassing shall have been completed, said results shall be announced to the members of the General Assembly in JOint session by the presiding officer of the joint session, and said results shall be recorded in the Journals of the House and Senate.

The following amendment to JSR 2 was read:
Messrs. Gowen of Glynn and Durden of Dougherty moves to amend joint reso lution 2 by striking the following words:
"Be it further resolved that no report of the returns in any election other than the election of Governor be read or acted upon until final action has been taken on the election of a Governor and until the inauguration of a Governor in the event a Governor is elected by the General Assembly." and insert in lieu thereof the following:
"The president of the Senate shall publish the entire returns from the general election for all officials as soon as the tellers report and before any other business is transacted."
Mr. Crowe of Worth moved the previous question.
S!"nator Millican of the 52nd asked unanimous consent to withdraw his substitute to JSR 2, the request was granted, and the substitute was withdrawn.

The following amendment was read:
Mr. Elliott of Muscogee moves to amend JSR 2 by adding a new paragraph as follows:
"Be it further resolved that the action on the returns for Lieutenant Governor and the inauguration of the Lieutenant Governor shall follow immediately the inauguration of a Governor."
The president ruled the amendment out of order.
On the adoption of the amendment offered by Messrs. Gowen of Glynn and Durden of Dougherty to JSR 2, Senator Trippe of the 38th called for the ayes and nays and the call was sustained.
Mr. Flynt of Spalding asked unanimous consent that several members of the House be excused from voting and objection was heard.

32

. JOURNAL OF THE HOUSE,

On the adoption of the amendment, the roll call' was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold Baker

Hogg Huckeba

Branch Carswell Coker Daniell Ferguson Griffith Gwyn

Kennon Kiker Knox Logan Mason Millican Overstreet

Parker Sa111s Seay Sumner Trippe Wells Williams Woodall Yates

Those voting in the negative were Senators:

Adams Blitch Boone Brown Burks Bush Butler Callaway Darby

Dorsey Grayson Hodges Hooks Howard Killingsworth Miller Mitchell Odom

Pannell Richardson Smiley Tarbutton Tippins Walker Weaver Wideman

On the adoption of the amendment the ayes were 27, nays 26.

Those voting in the affirmative were Representatives:

Adams of Polk Arnall Avera Bagby Battle Beddingfield Bloodworth Britton Brooke Bruton Caldwell Campbell Caswell

Causey Cheshire Clark Claxton Covington Dobbs Dorsey Durden Etheridge of Fulton Evans Eve Evitt Fowler

Freeman Garrison Gibbons Gibson Goldberg Gowen Greene of Crisp Greer Groover Hagan Hampton Hardin of Turner Hardy

Harrison of Jenkins Hefner Henderson Hicks Hinson Holbrook Hubert Hurt Ingle Jenkins Joel Jordan Kemper Kenimer Kenyon Key Knabb Leverette Lewis of Greene Littlejohn

TUESDAY, JANUARY.l4; 1947

~

Lokey Long McWhorter Mallard Malone Mann of Henry Mason Massey Mathis Moore of Lumpkin Moore of Taliaferro Morgan Morris Moye of Washington Murphy Neel Nicholson Nightingale Phillips Ramsay

Reid Riddlespurger Seagraves . Skinner Smith of Chatham Smith of Clayton Smith of Fulton Smith of Oglethorpe . Swindle Towill Trulock Tuten Vandiver
Watfo~:d
Wells of Clarke : ., 'w~1~c1~'
Williams of Jones . Williams of Ware Willingham, Wilson

Those voting in the negative were Representatives:

Adams of Towns Adams of Wheeler Addleton Anglin Ansley Bargeron Barrett Bennett Bostwick Bradley Briscoe Byrd Callier Cates Chalker Chance Cheek Cochran Conger Coogle Cowart Cox Crow of Walker Crowe of Worth

Davis

Dykes

. Edenfield

Elliott

Ellis

Etheridge of Baker

Flynt

Garland

Garrard

Garrett

Gary

Glisson

Green of Rabun

i

Hall

Hand

Hardin of Glascock

Harrison of J elf Davis

Harrison of Wayne

Higgs

Hill

Hobby

Holleman'

Howard of Dawson

Howard of DeKalb

:.
Huddleston Jennings of Baldwin Jenning~ of Sumter Johnson of Bulloch Johnston of Lowndes Jon~s Kendrick Kidd
Kin~
Lewis of Hancock Lockett Lovett McU:acken McMillan Mann of Rockdale Manous Mathews Meeks Mitchell Miller Morrison Moye of Lamar Oden Overby

34

JOURNAL OF THE HOUSE,

Padgett Pearlman Pennington -Pulliam Rainey Ramey Ray Rich Risner Rowland

Rucker Sabados Salter Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Stevens Thompson

Twitty Vickers Walker Wells of Lincoln Whaley Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

Not voting were Representatives Black, Mavity and Tuttle.

The roll call was verified.

On the adoption of the amendment the ayes were 126, nays 128.

The amendment was losL

On the adoption of JSR 2, the president ordered a roll call.

Mr. Gowen of Glynn asked u.nanimous consent that the resolution be adopted; there was no objection and the resolution was adopted.

Under the provisions of JSR 2, the president appointed as a committee of tellers, the following:

Senator Pannell of the 42nd

Senator Millican of the 52nd

Mr. Gowen of Glynn

Mr. Crowe of Worth

Mr. Twitty of Mitchell

The joint session was recessed subject to the call of the president.

The president called the joint session to order.

Rule 177 was read.

Mr. Smith of Bryan moved that the joint session of the General Assembly be now ad journed until 10:00 tomorrow morning.

The president ruled the motion out of order.

The following report of the committee of tellers was submitted and read:
January 14, 1947
To the General Assembly of Georgia in joint session: We, your tellers, appointed to canvass the vote for Governor, beg leave to submit the
following report : For Governor: Eugene Talmadge ............ 143,279 For Governor: Herman Talmadge . . . 675

TUESDAY, JANUARY 14, 1947

35

For Governor: James V. Carmichael . . . . . . . . . . . 669

For Governor: D. Talmadge Bowers . . . . . . . . . . . 637

For Governor: Ellis Arnall . . . . . . . . . . . . . . . . . . . 122

For Governor: E. D. Rivers . . . . . . . . . . . . . .

6

For Governor: Hoke O'Kelly . . . . . . . . . . . . . . . .

4

For Governor: Frank Lawson . . . . . . . . . . . . . . . .

3

For Governor: Jake Joel .....................

1

For Governor: Harry Summers . . . . . . . . . . . . . . . . .

1

For Governor: Helen Mankin ... ........ ... . . .

1

For Governor: Hoyt Sheppard . . . . . . . . . . . . . . . .

1

For Governor: Charles Trippi . . . . . . . . . . . . . . . . . .

1

For Governor: T. H. Brooks . . . . . . . . . . . . . . . . . . . .

1

For Governor: 0. Weaver . . . . . . . . . . . . . . . . . . . . .

1

For Governor: H. A. Alexander . . . . . . . . . . . . . . . 13

For Governor: J. T. Herndon . . . . . . . . . . . . . . . . . . .

1

For Governor: Guy Bomar . . . . . . . . . . . . . . . . . . . . .

1

For Governor: Broughton . . . . . . . . . . . . . . . . . . . .

1

For Governor: Neal ...... :. . . . . . . . . . . . . . . ... .

1

For Governor: Dan Duke . . . . . . . . . . . . . . . . . . . .

1

For Governor: Harold Cole . . . . . . . . . . . . . . . . . . . .

1

For Governor: Joe Bush . . . . . . . . . . . . . . . . . . . . .

2

For Governor: Connally . . . . . . . . . . . . . . . . . . . . . . . .

1

For Governor: Butts

1

For Governor: Thompson . . . . . . . . . . . . . . . . . . . . . .

3

For Governor: Glen Rainey ................... .

1

For Governor: Brewton ..................

1

For Governor: B. Jones ....................... .

5

For Governor: J. C. Davis ...................

1

For Governor: F. Merle ...... , ...............

1

Respectfully submitted,

On the part of the Senate:
Pannell of 43rd Millican of 52nd

The following resolution was read:

On the part of the House:
Gowen of Glynn Twitty of Mitchell W. J. Crowe

JSR 3. By Mr. Elliott of Muscogee:
WHEREAS, an election for Governor of the State of Georgia was held on November 5, 1946, and the returns of said election have been opened and published under the direction of the General Assembly on January 14, 1947, and
WHEREAS, it appears that no person has a majority of the whole number of votes cast by virtue of the fact that Eugene Talmadge, now deceased, received the highest number of votes cast,

36

JOURNAL OF THE HOUSE,

THEREFORE, BE IT RESOLVED that the General Assembly proceed immediately to elect a Governor viva voce.
Photostatic copy of the original certificate of death of Eugene Talmadge was attached to joint session resolution 3.

The following substitute to JSR 3 was read:
Substitute to JSR 3. By Mr. Durden of Dougherty:
Since the returns from the General Election held November 5, 1946, show upon their face that the Honorable Eugene Talmadge received a majority of the votes cast for Governor in said election, and since he died on December 21, 1946, and since a Lieutenant Governor was elected in the same election; now, therefore,
BE IT RESOLVED by the General Assembly of Georgia in joint session: That Honorable Eugene Talmadge was, and is hereby declared to have been, elected to a fourth term as Governor on November 5, 1946, and that it is therefore the sense of this body that it does not have authority to elect a Governor.
The previous question was ordered.
The main question was ordered.
On the adoption of the substitute to JSR 3, the president ordered a roll call.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Arnold t Baker
Branch Carswell Daniell Ferguson Griffith Gwyn Hogg

Huckeba Kennon Kiker Killingsworth Knox Logan Mason Millican Overstreet

Parker Sams Seay Sumner Trippe Williams Woodall Yates

Those voting in the negative were Senators:

Adam1 Blitch Boone Brown Burks Bush Butler Callaway Coker

Darby Dorsey Grayson Hodges Hooks Howard Miller Mitchell Odom

Pannell Richardson Smiley Tarbutton Tippins Walker Weaver Wells Wideman

TUESDAY~ JANUARY '14, 1947

37

On the adoption of the substitute, the ayes were 26, nays 27.

Those voting in the affirmative were Representatives:

Adams of Polk Arnall Avera Battle Beddingfield Bloodworth Britton Brooke Bruton Caldwell Campbell Causey Cheshire Clark Oaxton Covington Dobbs Dorsey Durden Evans Eve Evitt Fowler Freeman Garrison Gibbons Gibson Goldberg Gowen 'Greer Groover

Hagan Hampton Hardy Harrison of Jenkins Hefner Henderson Hicks Hinson Holbrook Hubert Hurt Ingle Jenkins Joel Jordan Kemper Kenimer Kenyon Key Knabb Leverette Lewis of Greene Littlejohn Long McWhorter Mallard Malone Mann of Henry Mason Massey Mathis

Moore of Taliaferro Morgan Morris Moye of Washington Murphy Neel Nicholson Nightingale Phillips Ramsay Reid Riddlespurger Seagraves Skinner Smith of Chatham Smith of Clayton Smith of Fulton Smith of Oglethorpe Swindle Towill Trulock Tuten Tuttle Vandiver Watford Wells of Oarke Welsch Williams of Ware Willingham Wilson

Those voting in the negative were Representatives:

Adams of Towns Adams of Wheeler Addleton Ansley Bargeron Barrett Bennett Bostwick Bradley Briscoe

Byrd Callier Caswell Cates Chalker Chance Cheek Cochran Conger Coogle

Cowart Cox Crow of Walker Crowe of Worth Davis Dykes Edenfield Elliott Ellis Etheridge of Baker

38

JOURNAL OF THE HOUSE,

Etheridge of Fulton Flynt Garland Garrard Garrett Gary Glisson Green of Rabun Hall Hand Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Higgs Hill Hobby Holleman Howard of Dawson Howard of DeKalb Huddleston Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes

Jones Kendrick Kidd King Lewis of Hancock Lockett Lokey Lovett McCracken McMillan Mann of Rockdale Manous Mathews Meeks Mitchell Miller Morrison Moye of Lamar Oden Overby Padgett Pearlman Pennington Pulliam Rainey

Ramey Ray Rich Risner Rowland Rucker Sabados Salter Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Stevens Thompson Twitty Vickers Walker Wells of Lincoln Whaley Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

Not voting were Representatives Anglin, Bagby, Black, Greene of Crisp, Mavity, Moore of Lumpkin, and Williams of Jones.

The roll call was verified.

On the adoption of the substitute to JSR 3, the ayes were 118, the nays 132.

The substitute was lost.

On the adoption of JSR 3, Senator Millican of the 52nd moved the ayes and nays !lnd the roll call was sustained.

Roll call was ordered and the vote was as follows:

Those voting in the affirmative were Senators:

Adams Baker Blitch Boone Brown Burks Bush Butler Callaway Coker

Darby Dorsey Grayson Hodges Hooks Howard Mason Miller Mitchell Odom

Pannell Richardson Smiley Tarbutton Tippins Walker Weaver Wens Wideman

TUESDAY, JANUARY 14, 1947

39

Those voting in the negative were Senators:

Arnold Branch Carswell Daniell Ferguson Griffith Gwyn Hogg

Huckeba Kennon Kiker Killingsworth Knox Logan Millican Overstreet

On the adoption of JSR 3, the ayes were 29, the nays 24.

Parker Sams Seay Sumner Trippe Williams Woodall Yates

Those voting in the affirmative were Representatives:

Adams of Towns Adams of Wheeler Addleton Ansley Bagby Bargeron Barrett Bennett Bostwick Bradley Briscoe Byrd Callier Caswell Cates Chalker Chance Cheek Cochran Conger Coogle Cowart Cox Crow of Walker Crowe of Worth Davis Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Flynt

Garland Garrard Garrett Gary Glisson Green of Rabun Greene of Crisp Hall Hand Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Hicks Higgs Hill Hobby Holleman Howard of Dawson Howard of DeKalb Huddleston Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jones Kendrick Kidd King Lewis of Hancock Lockett Lokey Lovett

McCracken McMillan Mann of Rockdale Manous Mathews Meeks Mitchell Miller Morrison Moye of Lamar Oden Overby Padgett Pearlman Pennington Pulliam Rainey Ramey Ray Rich Risner Rowland Rucker Sabados Salter Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Stevens Thompson Twitty

40

JOURNAL OF THE HOUSE,

Vickers Walker Wells of Lincoln

Whaley Williams of Mcintosh Williams of Toombs

Willoughby Witherington Yawn

Those voting in the negative were Representatives:

Adams of Polk Arnall Avera Battle Beddingfield Bloodworth Britton Brooke Bruton Caldwell Campbell Causey Cheshire Clark Claxton Covington Dobbs Dorsey Durden Evans Eve Evitt Fowler Freeman Garrison Gibbons Gibson Goldberg Gowen Greer

Groover Hagan Hampton Hardy Harrison of Jenkins Hefner Henderson Hinson Holbrook Hubert Hurt Ingle Jenkins Joel Jordan Kemper Kenimer Kenyon Key Knabb .Leverette Lewis of Greene Littlejohn Long McWhorter Mallard Malone Mann of Henry Mason Mathis

Moore of Taliaferro Morgan Morris Moye of Washington Murphy Neel Nicholson Nightingale Phillips Ramsay Reid Riddlespurger Seagraves Skinner Smith of Chatham Smith of Clayton Smith of Fulton Smith of Oglethorpe Swindle Towill Trulock Tuten Tuttle Vandiver Watford Wells of Clarke Welsch Williams of Ware Willingham Wilson

Those not voting were Representatives Anglin, Black, Massey, Mavity, Moore of Lumpkin. and Williams of Jones.

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

On the adoption of JSR 3, the ayes were 137, the nays ll4.

The resolution was adopted.

Mr. Elliott of Muscogee moved "with reference to the report of the tabulating com mittee relating to the election for Governor, from among the two named as having received the highest number of votes, who are still in life, and who do not decline an election, I nominate for Governor of Georgia for a term of four years the Hon. Herman Talmadge of the counties of Telfair and Henry."

TUESDAY, JANUARY 14, 1947

41

On the nomination, the roll call was ordered and the vote was as follows:

Those voting for Herman Talmadge for Governor were Senators:

Adams Blitch Boone Branch Brown Burks Bush Butler Callaway Coker Darby Dorsey

Grayson Gwyn Hodges Hooks Howard Huckeba Killingsworth Knox Mason Miller Mitchell Odom

Pannell Richardson Sams Smiley Tarbutton Tippins Walker Weaver Wells Wideman

Those voting present were Senators:

Arnold Carswell Daniell Ferguson Griffith Hogg

Kiker Logan Millican Overstreet Parker Seay

Sumner Trippe Williams Woodall Yates

Not voting were Senators Baker and Kennon.

On the election of Herman Talmadge as Governor, the ayes were 34, nays 17.

Those voting for Herman Talmadge for Governor were Representatives:

Adams of Towns Adams of Wheeler Addleton Anglin Ansley Bagby Bargeron Barrett Bennett Bostwick Bradley Briscoe Byrd Callier Caswell Cates

Chalker Chance Cheek Cheshire Clark Cochran Conger Coogle Cowart Cox Crow of Walker Crowe of Wortb Davis Dykes Edenfield Elliott

Ellis Etheridge of Baker Etheridge of Fulton Flynt Freeman Garland Garrard Garrett Garrison Gary Glisson Green of Rabun Greene of Crisp Hall Hand Hardin of Glascock

42

JOURNAL OF THE HOUSE,

Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Henderson Higgs Hill Hobby Holbrook Holleman Howard of Dawson Howard of DeKalb Huddleston Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jones Kendrick Kidd King Lewis of Greene Lewis of Hancock Lockett Lokey Lovett McCracken McMillan

Mallard Mann of Henry Mann of Rockdale Manous Mathews Meeks Mitchell Miller Morgan Morrison Moye of Lamar Moye of Washington Nicholson Oden Overby Padgett Pearlman Pennington Pulliam Rainey Ramey Ray Riddlespurger Rich Risner Rowland Rucker

Sabados Salter Seagraves Shields Sills Smith of Bryan Smith of Cannll Smith of Claytnn Smith of Emanuel Smith of Oglethorpf' Stevens Thompson Twitty Tuten Tuttle Vickers Walker Watford Wells of Lincoln Whaley Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

Those voting present were Representatives:

Adams of Polk Arnall Avera Battle Beddingfield Bloodworth Britton Brooke Bruton Caldwell Campbell Causey Claxton Covington Dobbs Dorsey Durden

Evans Eve Evitt Fowler Gibson Goldberg Gowen Greer Groover Hagan Hampton Hardy Harrison of Jenkins Hefner Hinson Hubert Hurt

Ingle Jenkins Joel Jordan Kemper Kenimer Kenyon Key KnaLh Littlejohn Long McWhorter Malone Mason Massey Mathis Moore of Taliaferro

TUESDAY, JANUARY 14, 1947

43

Morris Murphy Neel Nightingale Phillips Ramsay

Reid Skinner Smith of Chatham Smith of Fulton Swindle Towill Trulock

Vandiver Wells of Clarke Welsch Williams of Ware Willingham Wilson

Not voting were Representatives Black, Gibbons, Hicks, Leverette, Mavity, Moore of Lumpkin, and Williams of Jones.

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

On the election of Hon. Herman E. Talmadge as Governor of Georgia for a four-year term, the vote was 161 in favor of the Hon. Herman F., Talmadge.

87 members voted present.

Hon. Herman E. Talmadge, having received a maJonty of the votes of all members elected to the General Assembly of Georgia, was declared Governor of Georgia for a fouryear term.

The following resolution was read and adopted:
JSR 4. By Mr. Elliott of Muscogee:
WHEREAS, the General Assembly of Georgia has elected a Governor,
THEREFORE, BE IT RESOLVED that a committee of escort be appointed to escort the Governor-elect to the hall of the House of Representatives and that the General Assembly proceed immediately with the inauguration.
Under the provisions of JSR 4 the president appointed the following as a committee to escort Governor-elect Herman E. Talmadge to the speaker's stand:
Mr. Elliott of Muscogee
Mr. Crowe of Worth
Mr. Smith of Emanuel
Senator Tippins of the 48th
Senator Grayson of the 1st.
Governor-elect Herman E. Talmadge appeared on. the speaker's stand and the following oath of office was administered by Hon. C. W. Worrill, Judge of the Superior Courts of the Pataula Judicial Circuit:
OATH OF OFFICE
I do solemnly swear that I will faithfully execute the office of Governor of the State Q{ Georgia, and will, to the best of my ability, preserve, protect, and defend the Consti tution thereof, and the Constitution of the United States of America.
I do further solemnly swear that I am not the holder of any public money due this State unaccounted for; that I am not the holder of any office of trust under the Government of the United States, nor any one of the several States, nor of any foreign State, and

44

JOURNAL OF THE HOUSE,.

that I am otherwise qualified to hold the office of Governor according to the Constitution and laws of Georgia, and that I will support the Constitution of the United States and of the State of Georgia.
Herman E. Talmadge Sworn to and subscribed before me on this, the 14th day of January, 1947.
C. W. Worrill, Judge, Superior Courts, Pataula Judicial Circuit, State of Georgia

Governor Herman Talmadge addressed the joint session of the General Assembly.

The following resolution was read and adopted, by unanimous consent:

JSR 5.

By Rep. Elliott of Muscogee:
BE IT RESOLVED by the General Assembly of Georgia that the presiding Officer of the Senate be, and is hereby authorized and directed to appoint ten (10) members of the Senate, and the speaker of the House is hereby authorized and directed to appoint fifteen (15) members of the House to serve as a committee of the General Assembly to install the newly elected Governor in the Governor's office in the capitol building.
BE IT FURTHER RESOLVED that the messenger and doorkeeper of the House, and the sergeant at arms of the Senate, together with their assistants, be and they are hereby instructed to render whatever assistance as may be necessary to said committee.

Under the provisions of JSR 5, the chair appointed the following as a committee:
Senator Odom of the 9th Senator Blitch of the 5th Senator Boone of the 21st Senator Branch of the 47th Senator Brown of the 19th Senator Burks of the 12th Senator Bush of the 8th Senator Butler of the 7th Senator Callaway of the 35th Senator Tippins of the 48th Mr. Dykes of Bleckley Mr. Lovett of Laurens Mr. Crowe of Worth Mr. Williams of Toombs Mr. Overby of Hall Mr. Moye of Lamar Mr. Rich of Decatur Mr~ Willoughby of Clinch Mr. Yawn of Dodge Mr. Hobby of Worth Mr. McCracken of Jefferson Mr. Ray of Warren Mr. Flynt of Spalding Mr. Howard of DeKalb Mr. Johnston of LowndP.s

TUESDAY. JANUARY14, 1947

45

The following reports of the committee of tellers were submitted and read:

To the General Assembly of Georgia in joint session:

January 14, 1947

We, your tellers, appointed to canvass the vote for Lieutenant Governor, beg leave to submit the following report:

For Lieutenant Governor: For Lieutenant Governor: For Lieutenant Governor: For Lieutenant Governor:

M. E. Thompson ...... 161,513

J. C. Balkcom, Sr.....

2

Marvin Griffin . . . . . . . .

1

B. Davis . . . . . . . . . . . . .

1

Respectfully submitted,

On the part of the Senate:
Pannell of 43rd Millican of 52nd

On the part of the House:
Gowen of Glynn Twitty of Mitchell W. J. Crowe

January 14, 1947
To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for Secretary of State, beg leave to submit the following report:
For Secretary of State: Ben W. Fortson, Jr...... 159,363
Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe

January 14, 1947
To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for Treasurer, beg leave to submit the following report:
For Treasurer: George B. Hamilton ............. 159,379
Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe

JOURNAL OF THE HOUSE,
January 14, 1947 To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for Attorney General, beg leave to submit the following report:
For Attorney General: J. Eugene Cook ......... 159,371 Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe
January 14, 1947 To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for Comptroller General, beg leave to submit the following report:
For Comptroller General: Zack D. Cravey........ 159,380
Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe
January 14, 1947
To the General Assembly of Georgia in joint session: We, your tellers appointed to canvass the vote for Commissioner of Agriculture, beg
leave to submit the following report: For Commissioner of Agriculture: Tom Linder ..... 159,376
Respectfully submitted, On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe

TUESDAY, JANUARY 14, 1947

47

January 14, 1947
To the General Assembly of Georgia in joint session: We, your tellers appointed to canvass the vote for Commissioner of Labor, beg leave
to submit the following report:
For Commissioner of Labor: Ben T. Huiet. ...... 159,375

Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe

January 14, 1947
To the General Assembly of Georgia in joint session:
We, your tellers appointed to canvass the vote for State School Superintendent, beg leave to submit the following report:
For State School Superintendent: M. D. Collins .. 159,370
Respectfully submitted,
On the part of the Senate: Pannell of 43rd Millican of 52nd
On the part of the House: Gowen of Glynn Twitty of Mitchell W. J. Crowe
Mr. Elliott of Muscogee moved "with reference to the reports of the tabulating committee relating to the returns in the election for Lieutenant Governor, Secretary of State, Treas urer, Attorney General, Comptroller General, Commissioner of Agriculture, Commissioner of Labor, and State School Superintendent, I ask unanimous consent that the persons indi cated in said reports as having received the majority vote for the offices set opposite their names be declared duly elected to the respective offices."
There was no objection, and the president declared the officers duly elected.
Mr. Twitty of Mitchell moved that the joint session of the General Assembly be now dissolved, and the motion prevailed.
The Speaker called the House to order.
Mr. Twitty of Mitchell moved that this House do now adjourn until 10:00 A.M. Thurs. day morning, January 16, and the motion prevailed.
The Speaker of the House announced the House adjourned until 10:00 A.M. Thursday, January 16, 1947.

JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia. Thursday, January 16, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by Reverend Bernard Brown, Pastor, 1st Methodist Church, Pelham, Georgia.

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

Adams of Polk Ac\ams of Towns Adams of Wheeler Addleton Anglin Ansley Arnall Avera Bagby Bargeron Barrett Battle Beddingfield Bennett Bloodworth Bostwick Bradley Briscoe Britton Brooke Bruton Byrd' Caldwell Callier Campbell Caswell Cates Causey Chalker Chance Cheek Cheshire Clark Claxton Cochran Conger Coogle Covington

Cowart Cox Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Eve Evitt Flynt Fowler Freeman Garland Garrard Garrett Garrison Gary Gibbons Gibson Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Groover Hagan Hall Hampton Hardin of Glascock

Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Hefner Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of Dawson Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Jennings of Baldwin Jennings of Sumter Joel Johnson of Bullock Johnston of Lowndes Jones Jordan Kemper Kendrick Kenimer Kenyon Key Kidd King Knabb Leverette Lewis of Greene

THURSDAY, JANUARY 16, 19~7

49

Lewis of Hancock Littlejohn Lockett Lokey Long Lovett McCracken McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller Moore of Taliaferro Morgan Morris M~rrison Moye of Lamar Moye of Washington Murphy Neel

Nicholson Nightingale Oden Overby Padgett Pearlman Pennington Phillips Pulliam Rainey Ramey Ramsay Ray Reid Riddlespurger Rich Risner Rowland Rucker Sabados Salter Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Oayton

Smith of Emanuel Smith of Fulton Smith of Oglethorpe Stevens Swindle Thompson Towill Trulock Twitty Tuten Tuttle Vandiver Vickers Walker Watford Wells of Clarke Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Willoughby Wilson Witherington Yawn Mr. Speaker

Those not answering the roll call were Representatives Black, Mavity and Moore of Lumpkin.
Mr. Ray of Warren, Acting Chairman on 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 under the Rules of the House.

2. First reading and reference of bills and resolutions.

50

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 1. By Mr. Hand of Mitchell:
A Bill to be entitled an Act to prevent the office of Commissioner of Revenue, of the State of Georgia, from being used for political purposes, and for other purposes.
Referred to the Committee on State of Republic.

HB 2. By Messrs. Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; to define cities and towns; to provide the procedure for establishing such systems of government; to prescribe the powers vested in cities and towns under such optional systems; to provide for initiative, referendum and recall for cities, and for other purposes.
Referred to the Committee on Municipal Government.

HB 3. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to provide that the Jury in all Criminal trials shall pass only on the guilt or innocence of the accused; that the trial Judge shall pass sentence after an investigation; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 4. By Mr. Causey of Bacon:
A Bill to be entitled an Act to amend Sec. 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 inserting in lieu thereof the words "resident citizens" to show how said section when so amended shall read; and for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 5. By Messrs. Jennings and Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act approved December 22, 1898, providing for the election of Board of County Commissioners by the people of Baldwin County; to provide for the election of a chairman; when the election shall be held, and for other purposes.
Referred to the Committee on Counties and County Matters.

THURSDAY, JANUARY 16, 1947

51

HR 8-3A By Mr. Greene of Crisp:
A resolution to reconvey 18 acres of land to Crisp County, formerly conveyed to State for Farmer's Market site.
Referred to the Committee on Public Property.

The following Resolution of the House was read:
HR 9. By Messrs. Gowen of Glynn, Durden of Dougherty, Joel of Clarke:
A RESOLUTION
WHEREAS, there now exists a situation without parallel in the history of this State; and
WHEREAS, in all democracies the orderly process of law must of necessity be supreme, else we have chaos, confusion and anarchy; and
WHEREAS, there was yesterday instituted in the courts of this State an action which should result in a final adjudication of the title to the Governorship of Georgia; and
WHEREAS, during the interim all general acts, all local bills and all resolutions passed by the General Assembly would be subject to question until the decision of our Supreme Court; and
WHEREAS, the people of Georgia are law abiding and desire that all conflicts be settled under due process of law; and
WHEREAS, the expense of keeping the General Assembly in session for the next sixty-six (66) days would be three hundred and thirty thousand dollars ($330,000), all of which would be lost to the taxpayers of Georgia if the election of Honorable Herman Talmadge as Governor should be held invalid; and
WHEREAS, according to the official newspapers of the cities and counties of Georgia, many local bills have been advertised, which if passed and subsequently declared illegal would cause irreparable damage to our people; and
WHEREAS, under the General Appropriation Act now of force, all appropria tions are continuing, and the budgets heretofore submitted cover the period until March 31, 1947; and
WHEREAS, it is likely that prior to March 31, 1947, the Supreme Court will have decided the issues involved; therefore
BE IT RESOLVED BY THE HOUSE, THE SENATE CONCURRING, THAT THE GENERAL ASSEMBLY ADJOURN OF THURSDAY, JANUARY 23, 1947, AT 3:00 P. M., UNTIL MONDAY, MARCH 31, 1947, AT 10:00 A. M.
A Substitute offered by Mr. Garland of Butts was ruled out of order by the Speaker. Mr. Twitty of Mitchell moved the previous question.
On the adoption of the Resolution Mr. Ray of Warren moved the ayes and nays and the call was sustained.

52

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Representatives:

Arnall Britton Brooke Bruton Caldwell Caswell Causey Claxton Dobbs Durden Evans Eve Evitt Fowler Freeman Garrison Gibbons Gibson Goldberg Gowen Groover Hagan

Hardy Harrison of Jenkins Hefner Henderson Hinson Hubert Ingle Jenkin& Joel Jordan Kemper Kenimer Kenyon Key Knabb Lewis of Greene Long McWhorter Mann of Henry Mason Mathis Moore of Taliaferro

Those voting in the negative were Representatives:

Adams of Towns Adams of Wheeler Addleton Anglin Ansley Avera Barrett Battle Bennett Black Bloodworth Bostwick Bradley Briscoe Byrd Callier Cates Chalker Chance

Cheek Clark Cochran Conger Coogle Cowart Cox Crow of Walker Crowe of Worth Davis Dykes Elliott Ellis Etheridge of Baker Etheridge of Fulton Flynt Garland Garrard Garrett

Morgan Morris Murphy Nightingale Ramsay Reid Sabados Skinner Smith of Chatham Smith of Clayton Smith of Fulton Smith of Oglethorpe Towill Trulock Tuten Tuttle Vandiver Wells of Clarke Williams of Ware Willingham Wilson
Gary Glisson Green of Rabun Greene of Crisp Hall Hampton Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Higgs Hill Hobby Holbrook Holleman Howard of Dawson Howard of DeKalb Huddleston Jennings of Baldwin

THURSDAY, JANUARY 16, 1947

53

Jennings of Sumter Johnson of Bullock Johnston of Lowndes Jones Kendrick Kidd King Leverette Lewis of Hancock Lockett Lokey Lovett McCracken McMillan Mann of Rockdale Manous Mathews Meeks Mitchell

Miller Morrison Moye of Lamar Moye of Washington Neel Oden Overby Padgett Pearlman Pennington Pulliam Rainey Ramey Ray Rich Risner Rowland Rucker Salter

Seagraves Shields Sills Smith of Bryan Smith of Emanuel Stevens Thompson Twitty Vickers Walker Watford Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Willoughby Witherington Yawn

Those not voting were Representatives Adams of Polk, Bagby, Bargeron, Beddingfield, Campbell, Cheshire, Covington, Dorsey, Edenfield, Greer, Hicks, Hurt, Littlejohn, Mallard, Malone, Massey, Mavity, Moore of Lumpkin, Nicholson, Phillips, Riddlespurger, Smith of Carroll, Swindle and Williams of Toombs.

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

On the adoption of the Resolution the ayes were 65, the nays 114.

The Resolution was lost.

Mr. Elliott of Muscogee moved that the House do now adjourn until Monday, January 20, 1947, at 10:00 A. M.

The motion prevailed.

The Speaker announced the House adjourned until Monday, January 20, 1947, at 10:00 A.M.

54

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Monday, January 20, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by Rev. J. B. Stodghill of the Worthville Baptist Church.
By unanimous consent the call of the roll was dispensed with.
Mr. Smith of Emanuel, Acting Chairman on the Committee on Journals, reported that the Journal of Thursday's proceedings had been read and found correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House.
2. First reading and reference of bills and resolutions 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 6. By Mr. Yawn of Dodge:
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 Dodge County" and pertaining to appointment of Certified Public Accountant and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 7. By Mr. Causey of Bacon:
A Bill to be entitled an Act to classify motor vehicles for ad valorem taxation; to provide that such class of property may be taxed at different rates; to provide methods of assessment and for other purposes.
Referred to the Committee on Ways and Means.

HB 8. By Mr. Causey of Bacon:
A Bill to be entitled an Act to authorize the levy and collection of a General Sales Tax and a Compensating Use Tax to provide funds to meet appropriations authorized by the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

MONDAY, JANUARY 20, 1947

55

HB 9. By Messrs. Twitty and Hand of Mitchell:
A Bill to be entitled an Act to amend the charter of the Oty of Camilla, to provide for a city manager form of Government for said city and for other purposes.
Referred to the Committee on Municipal Government.

HB 10. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A Bill to be entitled an Act to provide a permanent pension and retirement plan for County employees and/or officers, elective and/or appointed, of Bibb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 11. By Messrs. Jennings and Kidd of Baldwin:
A Bill to be entitled an Act to provide for the fixing of salaries of employees of Milledgeville State Hospital and for other purposes.
Referred to the Committee on State Hospital.

HB 12. By Mr. Davis of Bartow:
A Bill to be entitled an Act to amend Code Section 59-120 of the Code of Georgia of 1933, relating to per diem of jurors and court bailiffs m the Superior Courts of this State, and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis and many others:
A Bill to be entitled an Act to revise the Election Laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections by any political party, organization, or association for the purpose of choosing or selecting candidates for office or delegates to conventions, the time of holding same, and to repeal all laws or parts of laws regulating in any manner or having reference in any manner to the holding of primaries by any political party, organi zation, or association, and for other purposes.
Referred to the Committee on State of Republic.

HR 10-12A. By Messrs. Twitty of Mitchell, Crowe and Hobby of Worth, and others:
A Resolution proposing an Amendment to the Constitution to provide for the election of a Governor in case of the death of the Governor-elect, and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

56

JOURNAL OF THE HOUSE,

HR 11-12-B. By Messrs. Jennings of Sumter, Lovett of Laurens, Williams of Jones, Leverette of Putnam, Pearlman of Sumter and Black of Webster:
A Resolution proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to the Constitution to the State of Georgia further defending and protecting the civil rights of the citizens and inhabitants of the State of Georgia, and for other purposes.
Referred to the Committee on Amendments to the Constitution No. 2.

HR 12-12C. By Messrs. Twitty of Mitchell, Crowe of Worth, Hobby of Worth, Etheridge of Baker, Britton and Brooke of Whitfield and Watford of Long.
A Resolution proposing an amendment to the Constitution to elect a Governor by "The County Unit Method," and for other purposes.
Referred to the Committee on Amendments to the Constitution No. 1.

HR 13-12D. By Messrs. Gowen of Glynn and Hand of Mitchell:
A Resolution to amend the rules of the House of Representatives of the State of Georgia to provide for amendments, substitutions, or repeals to the existing rules in the interest of efficiency, and to remove conflicts in the existing rules, and for other purposes.
Referred to the Committee on Rules.

HR 14-12E. By Messrs. Flynt of Spalding, Howard of DeKalh, Addleton of Spalding, Sahados of Dougherty, King of Chattahoochee, Pearlman of Sumter and Meeks of Union:
A Joint Resolution providing for a Special Election for the office of Governor of Georgia; and for other purposes.
Referred to the Committee on State of Republic.

The following was filed with the Clerk of the House:
OATH OF OFFICE
"I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, he most conducive to the interests and prosperity of this State."
JoHN MAVITY,
Representative of Walker County, Georgia.
Sworn to and subscribed before me this 18th day of January, 1947.
c. B. GARDNER,
Judge of the Court of Appeals of Georgia.

MONDAY, JANUARY 20, 1947

57

The following resolution of the House was read:

Hon. Fred Hand, Speaker House of Representatives State Capitol Atlanta, Ga.

State of Georgia Office of the Governor
Atlanta Ellis Arnall, Governor Grace Cannington, Secretary

January 18, 1947.

Dear Mr. Speaker and Members of the House of Representatives:
On January 11, 1947, I resigned as Governor of Georgia effective immediately after the qualification of the Lieutenant Governor so that he would become invested with the executive powers of government as provided by the Constitution of Georgia.
Since the General Assembly was not then in session, my contingent resignation was directed to the Secretary of State.
On January 18th, at about 10 :50 A. M., the Honorable M. E. Thompson, Lieutenant Governorelect, took the oath of office as Lieutenant Governor and qualified for said office.
There is some legal argument as to whether my resignation should be addressed to the General Assembly now that it is in session but is in adjournment until Monday, January 20th.
Although I consider that immediately after the Lieutenant Governor became qualified on this date, my resignation as Governor became effective; nevertheless, in order to com plete the record, I hereby resign the office of Governor effective immediately.
Respectfully submitted,
Ellis Arnall, Governor
HR 15. By Mr. Elliott of Muscogee:

A RESOLUTION
BE IT RESOLVED by the House of Representatives, the Senate concurring, that the General Assembly convene in joint session in the hall of the House of Repre sentatives at 12:00 o'clock, noon on Tuesday, January 21, for the purpose of hearing a message from his excellency, Governor Herman E. Talmadge.
That a committee of five, two to be named by the presiding officer of the Senate and three to be named by the presiding officer of the House, be appointed to escort his Excellency to the Hall of the House of Representatives.
On the adoption of the Resolution the ayes were 86, the nays 64.
The Resolution was adopted.

58

JOURNAL OF THE HOUSE,

Under the proviSion of HR No. 15 the Speaker appointed as a committee on the part of the House the following members of the House to-wit:
Mr. Byrd of Taylor Mr. Bennett of Barrow Mr. Mann of Rockdale

The following Resolution of the House was read and adopted:
HR 16. By Messrs. Hand of Mitchell and Smith of Emanuel:
Setting aside the week of January 24-30 as the 1947 March of Dimes in Georgia and commending said campaign to the favorable attention of the citizens of Georgia.
WHEREAS, poliomyelitis remains a major scourge and the best efforts of the medical profession must be mobilized to investigate promptly and thoroughly every means for its eradication and to bring to every sufferer from this disease all possible aid; and
WHEREAS. the annual March of Dimes campaign offers an opportunity for every citizen to do his share in the war against this enemy of our children and our friends, in memory of our late President, Franklin D. Roosevelt, and the many other victims of this virus; and
WHEREAS, the nation has just emerged from the greatest epidemic of infantile paralysis since that of 1916; and
WHEREAS, the National Foundation for Infantile Paralysis, which is supported by the March of Dimes and by the March of Dimes only, has been called upon as never before in its history to spend millions to bring the best available care to all those stricken; and
WHEREAS, the National Foundation for Infantile Paralysis will be called upon as never before to provide continuing care for the thousands needing treatment until maximum recovery is assured in every case, thereby fulfilling its expressed pledge to the American people; and
WHEREAS, the National Foundation for Infantile Paralysis has, in addition to these huge sums. spent millions in research seeking the cause of and possible cure for this great crippler, and in its educational program to bring all the knowledge we have promptly to the people, and proposes so to do until polio is rendered harmless; and
WHEREAS, the National Foundation for Infantile Paralysis, spearhead of the ceaseless war against polio, will for the reasons set forth above need funds to carry on its work in 1947 as never before since its establishment;
THEREFORE, BE IT RESOLVED by the House of Representatives of the State of Georgia, the Senate concurring,
That the week of January 24-30 be officially set aside in Georgia as the 1947 March of Dimes in Georgia, during which time all citizens are urged to familiarize themselves thoroughly with the good work of the March of Dimes and to support the National Foundation for Infantile Paralysis to the utmost limit of their ability

MONDAY, JANUARY 20, 1947

59

The following Resolution of the House was read:

HR 17. By Messrs. Kidd of Baldwin, Huddleston of Faye"t'te, Flynt of Spalding:

A RESOLUTION BE IT RESOLVED by the House of Representatives of Georgia and it is hereby resolved by authority of the same that the Board of Regents of the University System of Georgia be and they are hereby requested to immediately furnish to the General Assembly the following information, to wit:
1. The number of students enrolled at the Georgia School of Technology and at the University of Georgia.
2. The number of students in each of said schools by states.
3. The number of students denied admission to each of said schools during the past twelve months.
4. The states of the students denied admission.
The Speaker ordered the Resolution to lie on the table one day.

The Speaker announced the appointment of the following members to the Committee on State of Republic:

STATE OF REPUBLIC

McCracken, Chairman Morrison, Vice-Chairman Whaley, Secretary
Adams of Wheeler Anglin Ansley Bennett Black Bradley Brooke Cates Cheek Crowe of Worth Dykes Elliott Gary Glisson Groover Hall Harrison of Wayne Hill Jennings of Baldwin Jennings of Sumter Johnston of Lowndes

Kendrick Kenimer Knabb Lewis of Hancock Lovett Mann of Rockdale Mathews Mavity Overby Pearlman Pennington Rainey Ray Rowland Shields Sills Smith of Carroll Smith of Emanuel Stevens Twitty Walker of Ben Hill Wells of Lincoln Williams of Mcintosh Williams of Toombs

60

JOURNAL OF THE HOUSE,

The following Resolution of the House was read and adopted:

HR 18. By Dr. Oden of Pierce:

A. RESOLUTION

WHEREAS, today, January 20, 1947, is the anniversary of the birth of Robert E. Lee, an illustrious Southerner; and

WHEREAS, the leadership, courage and exemplary character of Robert E. Lee has long been a model for all Southerners.

NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the membership of the House of Representatives rise and pay tribute to the memory of this outstanding American and great General.

Mr. Elliott of Muscogee moved that the House do now adjourn until 10:00 o'clock tomorrow morning.

The motion prevailed.

The Speaker of the House announced the House adjourned until10:00 o'clock tomorrow morning.

TUESDAY, JANUARY 21, 1947

61

Representative Hall, Atlanta, Georgia. Tuesday, January 21, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker, and opened with prayer by Rev. J. B. Stodghill of the Worthville Baptist Church.
By unanimous consent, the call of the roll was dispensed with.
Mr. Ray of Warren, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions.
2. First readings and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
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 15. By Mr. Elliott of Muscogee: A resolution providing for a JOint session of the General Assembly to convene at 12 o'clock noon, Tuesday, January 21, for the purpose of hearing. a message from His Excellency Governor Herman E. Talmadge and providing for a com mittee of escorts.
The President has appointed on the part of the Senate as a committee of escort: Senator Hooks of the 16th and Senator Hodges of the 27th..

62

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time, and referred to the Committees:

HR 19-13A. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens and Lewis of Hancock:
A Resolution directing the Secretary of the State as to the use of the Great Seal.
Referred to the Committee on State of Republic.

HR 20-13B. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens and Lewis of Hancock:
A Resolution providing for the operation of the affairs of the State of Georgia.
Referred to the Committee on State of Republic.

HB 14. By Mr. Bennett of Barrow: A Bill to be entitled an Act to abolish the office of the County Treasurer of the County of Barrow, to provide for the creation of a depository for said county, and for other purposes.
Referred to the Committee on Counties and County Matters.
1
HB 15. By Mr. Hurt of Polk: A Bill to be entitled an Act to repeal an Act incorporating the Town of VanWert in Paulding Co. now Polk County, and for other purposes.
Referred to the Committee on Municipal Government.

HB 16. By Mr. Cheek of Franklin: A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in Franklin County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 17. By Mr. Hicks of Floyd:
A Bill to be entitled an Act to provide for the payment of Attorney's fees in all citations for contempt, upon the hearing of such contempt action, against any defendant in any divorce suit or alimony suit for failing to pay alimony that may have been awarded by the court, and for other purposes.
Referred to the Committee on General Judiciary No.2.

TUESDAY, JANUARY 21, 1947
HB 18. By Mr. Hicks of Floyd: A Bill to be entitled an Act to provide for the venue of suits and citations for settlement, accounting or removal, against non-resident administrators and executors or guardians appointed by any court of this State, and for other purposes.
Referred to the Committee on General Judiciary No. 2.
HB 19. By Mr. Hicks of Floyd: A Bill to be entitled an Act to provide that a brief of evidence in all motions for new trial shall be dispensed with and shall not be required in certain eases, and for other purposes.
Referred to the Committee on General Judiciary No. 2.
HB 20. By Mr. Hicks of Floyd: A Bill to be entitled an Act to amend Code Section 24-3104, relating to the Compensation of court reporters for the State of Georgia and for other purposes.
Referred to the Committee on General Judiciary No. 2.
HB 21. By Mr. Crowe of Worth: A Bill to be entitled an Act to make appropriations for the operation of the State Government and for other purposes.
Referred to the Committee on Appropriations.
HB 22. By Messrs. Nightingale and Gowen of Glynn: A Bill to be entitled an Act' to amend the charter of the City of Brunswick; to provide that the city manager need not be a resident of said city; to increase the maximum fee that may be charged for annual registration license for engaging in business, callings, trades or professions, and for other purposes.
Referred to the Committee on Municipal Government.
IJB 23. A Bill to be entitled an Act to amend an Act creating the City Court of States boro, and for other purposes.
Referred to the Committee on Municipal Government.
HB 24. By Messrs. Johnson and Mallard of Bulloch: A Bill to be entitled an Act to amend an Act creating the Board of County Com missioners for the County of Bulloch, and for other purposes.
Referred to the Committee on Counties and County Matters.

64

JOURNAL OF THE HOUSE,

HB 25. By Messrs. Johnson and Mallard of Bulloch:

A Bill to be entitled an Act to amend an Act to abolish the offices of tax receiver and collector of Bulloch County, and for other purposes.

Referred to the Committee on Counties and County Matters.

HB 26. By Messrs. Johnson and Mallard of Bulloch:
A Bill to be entitled an Act to amend an Act creating the city court of Statesboro, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 2:1. By Messrs. Johnston of Lowndes, Byrd of Taylor, Garland of Butts and many others:
A Bill to be entitled an Act to provide payment of compensation to certain persons who served in the military or naval forces of the United States, and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 28. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to authorize and empower County Boards of Education to condemn private property for public school purposes, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 29. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to limit the time that suit may be brought against motor carriers for freight overcharges, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 30. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to place the Sheriff of Laurens County, his deputies, and the Oerk of the Superior Court of Laurens County on a salary basis, and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, JANUARY 21, 1947

65

HB 31. By Messrs. Holleman, Shields and Elliott of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County," and for other purposes.

Referred to the Committee on Counties and County Matters.

HB 32. By Messrs. Holleman, Shields and Elliott of Muscogee:
A Bill to be entitled an Act to authorize officers of any county having a population of not less than 70,000 and not more than 80,000, according to 1940 census, etc., who have charge of records, to install and use photostatic equipment in recording and copying records, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 33. By Messrs. Sills of Candler and Causey of Bacon:
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, and for other purposes.
Referred to the Comm,ittee on State of Republic.

HB 34. By Mr. Jones of Brantley:
A Bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Brantley County, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 35. By Mr. Jones of Brantley: A Bill to be entitled an Act to create and incorporate the City of Twin Rivers in the County of Brantley, and for other purposes.
Referred to the Committee on Municipal Government.
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 following resolution
of the House, to wit:

66

JOURNAL OF THE HOUSE,

HR 16. By Messrs. Hand of Mitchell, and Smith of Emanuel:

A Resolution setting aside the week of January 24-30 as the 1947 March of Dimes in Georgia and commending said campaign to the favorable attention of the citizens of Georgia.

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 has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 13. Do pass.

Respectfully submitted,

McCracken of Jefferson, Chairman.

By unanimous consent, the following Bill of the House, favorably reported, was read the second time:
HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, Bradley of Tattnall, and many others:
A Bill to he entitled an Act to revise the election laws, and to repeal all laws or parts of laws providing the method of holding primary elections by any political party, organization or association, for the_ purpose of choosing or selecting candi dates for office or delegates to conventions, and for other purposes:

The following Resolution of the House was read and adopted:
HR 17. Bv MPs,.rs. Kidd of Baldwin, Huddleston of Fayette, Flynt of Spalding, and Howard of DeKalb:
A Resolution requesting information from the Board of Regents of the University System of Georgia, and for other purposes.
Privileges of the floor were granted to Mrs. R. L. Addleton and Mrs. Guinn McNeely
of Griffin.

TUESDAY, JANUARY 21, 1947

67

The Speaker announced the following Standing Committee assignments:

ACADEMY FOR THE BLIND

Oden, Chairman Cowart, Vice-Chairman Jordan, Secretary
Adams of Towns Adams of Wheeler Ansley Avera Campbell Caswell Coogle Dobbs Goldberg Harrison of Jeff Davis Harrison of Wayne Hill Hobby Joel

Johnson of Bulloch Jones Kemper King Leverette McMillan Massey Miller Moore of Taliaferro Moye of Washington Overby Pulliam Rich Risner Vandiver Wilson

AMENDMENTS TO THE CONSTITUTION No. ONE

Twitty, Chairman Mitchell, Vice-Chairman Byrd, Secretary
Arnall Bennett Bloodworth Britton Brooke Chalker Cheek Covington Cox Crowe of Worth Dobbs Elliott Etheridge of Fulton Garrison Greer Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Hefner Henderson Hicks Hill

Hobby Holbrook Holleman Howard of DeKalb Huddleston Jordan Kendrick Kenyon KeyLovett McMillan McWhorter Mallard Mann of Henry Mason Mavity Nightingale Riddles purger Salter Vandiver Walker Williams of Toombs Willoughby Yawn

68

JOURNAL OF THE HOUSE,

AMENDMENTS TO THE CONSTITUTION No. TWO

Sabados, Chainnan Smith of Carroll, ViceChairman Smith of Chatham, Secretary
Caswell Cheshire Clark Coogle Crow of Walker Edenfield Evans Evitt Garrard Glisaon Goldberg Gowen Hagan Hampton Hardy

Howard of Dawson Hubert Ingle Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Knabb Leverette Mann of Rockdale Mathews Overby Ramey Smith of Fulton Thompson Towill Wells of Lincoln Welsch Witherington

APPROPRIATIONS

Crowe of Worth, Chainnan Mann of Rockdale, VieeChainnan Reid, Secretary
Adams of Polk Adams of Wheeler Bagby Bargeron Black Bloodworth Brooke Caswell Cates Causey Cheshire Claxton Durden Etheridge of Baker Evans Evitt Garland Garrison Gibson Gowen Hardin of Turner

Hardy Harrison of J efl Davis Harrison of Wayne Hefner Henderson Hicks Hobby Holbrook Holleman Howard of DeKalb Jennings of Baldwin Jennings of Sumter Joel Johnson of Bulloch Kemper Kendrick Kenimer Key King Knabb McCracken Mason Mitchell Pearlman

TUESDAY, JANUARY 21, 1947

69

Phillips Ray Riddlespurger Sills Skinner Smith of Carroll

Smith of Emanuel Smith of Oglethorpe Twitty Whaley Williams of Jones Williams of Ware

Willoughby, Chairman Higgs, Vice-Chairman Glisson, Secretary
Adams of Polk Addleton Barrett Battle Hardin of Turner Harrison of Jeff Davis Hicks Holbrook Howard of DeKalb

AUDITING

Jones Jordan King . Long Moore of Taliaferro Morris Reid Risner Rowland Trulock Tuttle Walker

AVIATION
Harrison of Jenkins, Chairman Fowler, Vice-Chairman Eve, Secretary
Arnall Beddingfield Bradley Briscoe Coogle Edenfield Etheridge of Fulton Evans Flynt Freeman Garland Greene of Crisp Higgs Hinson Howard of DeKalb Huddleston Hurt Jennings of Baldwin Johnston of Lowndes Kenimer

Lewis of Hancock McWhorter MaiUl of Rockdale Massey Mathis Morgan Neel Overby Pearlman Pulliam Rainey Ramsay Salter Smith of Chatham Smith of Emanuel Smith of Fulton Stevens Towill Tuten Wells Williams of Ware Wilson

70

JOURNAL OF THE HOUSE,

BANKS AND BANKING

Hall, Chairman Holleman, Vice-Chairman Edenfield, Secretary
Arnall Avera Chance Cheshire Cochran Dykes Ellis Garrard Garrett Gibson Goldberg Greene of Crisp Hardy Hefner Henderson Howard of Dawson Howard of DeKalb Hurt Kemper Kenimer Kenyon

Lockett

McMillan

Manous

Mason

Miller

Moore of Lumpkin

Morgan

Morris

Morrison

Moye of Lamar

Oden

Pearlman

'

Rainey

Ramsay

Riddlespurger

Rowland

Salter

Smith of Oglethorpe

Vandiver

Vickers

Walker

Wells of Clarke

Williams of Jones

Wilson

Arnall, Chairman Avera, Vice-Chairman Bruton, Secretary
Adams of Polk Adams of Towns Ansley Beddingfield Bloodworth Campbell Oark Conger Crow of Walker Davis Eve Freeman Glisson Groover Hampton

COMMERCE

Hardy Harrison of Jell Davis Hurt Kenyon King Knabb Leverette Lockett Lokey Mathis Mitchell Morgan Oden Overby Pennington Rich Sabados Seagraves

TUESDAY, JANUARY 21, 1947

71

Sills Stevens Wells of Clarke

Williams of Mcintosh Willingham

Sills, Chairman Causey, Vice-Chairman Black, Secretary
Brooke Chance Claxton Cowart Edenfield Ellis Evans Garland Garrison Gary Gibbons Gibson Greer Hagan Hall Harrison of Jenkins Henderson Hinson Howard of Dawson Jennings of Baldwin Johnston of Lowndes

CONSERVATION

Jones Jordan Knight Leverette Lewis of Hancock Mann of Rockdale Manous Mason Morrison Nightingale Padgett Risner Smith of Bryan Smith of Chatham Smith of Fulton Stevens Tuten Tuttle Vickers Watford Williams of Ware Willoughby Witherington Yawn

Wilson, Chairman Cheshire, Vice-Chairman Flynt, Secretary
Addleton Arnall Barrett Battle Bennett Bostwick Bradley Briscoe Bruton Caswell Chance

CORPORATIONS

Coogle Covington Dobbs Elliott Freeman Garrard Garrett Groover Hagan Hardin of Turner Hardy Harrison of Jell Davis Hill Howard of DeKalb

72

JOURNAL OF THE HOUSE,

Huddleston Hurt Johnson of Bulloch Littlejohn Lockett Massey Mitchell Moye of Lamar Moye of Washington Nightingale Ramsay

Rei~
Rich Risner Rowland Sabados Seagraves Skinner Smith of Carroll Towill Vandiver Willingham

COUNTIES AND COUNTY MATTERS

Ramey, Chairman Hefner, Vice-Chairman Rainey, Secretary
Avera Bargeron Bloodworth Bostwick Briscoe Cheek Crow of Walker Crowe of Worth Dykes Glisson Greene of Crisp Greer Harrison of Wayne Henderson Higgs Hobby Jones Kidd

Lokey Lovett McWhorter Mallard Mann of Henry Mann of Rockdale Mathews Mathis Meeks Pennington Riddlespurger Rowland Stevens Trulock Vickers Walker Wells of Lincoln Williams of Jones Williams of Toombs Yawn

Smith of Emanuel, Chairman Bargeron, Vice-Chairman Shields, Secretary
Adams of Wheeler Ansley Battle Britton Caldwell Cates

DRAINAGE

Durden Evitt Kenimer Key Kidd Knabb Gibson Gowen Groover

TUESDAY, JANUARY 21, 1947

73

Harrison of Wayne Littlejohn Mann of Henry Mathews Mitchell

Morrison Ramey Sills Willoughby

EDUCATION No. ONE

Kenimer, Chairman Henderson, Vice-Chairman Meeks, Secretary
Anglin Bargeron Barrett Beddingfield Bennett Bloodworth Conger Covington Cox Ellis Fowler Garrard Garrison Goldberg Hampton Hardy Harrison of Jeff Davis Harrison of Jenkins Hefner Higgs Hinson Holbrook Howard of DeKalb

Jennings of Baldwin Johnson of Bulloch McWhorter Mann of Rockdale Manous Mason Moore of Taliaferro Morris Moye of Washington Neel Pearlman Reid Rowland Seagraves Smith of Carroll Thompson Tuttle Vandiver Vickers Walker Wells of Lincoln Williams of Jones Williams ~f Toombs Witherington Yawn

EDUCATION No. TWO

Murphy, Chairman Caldwell, Vice-Chairman Garland, Secretary
Adams of Towns Arnall Black Bostwick Briscoe Britton

Bruton Byrd Campbell Causey Chance Cheek Clark Coogle Cowart

74

JOURNAL OF THE HOUSE,

Crowe of Worth Edenfield Evans Eve Freeman Garrett Gibbons Hardin of Turner HQbby Howard Qf DawSQn Hurt Ingle Johnston of Lowndes Kidd Knabb

Lever~tte
McMillan Mallard Massey Miller Oden Padgett Salter Skinner Smith of Oglethorpe Stevens Twitty Trulock Tuten

ENGROSSING COMMITTEE

Claxton, Chairman Hobby, Vice-Chairman Briscoe, Secretary
Addleton Anglin Campbell Chalker OQrsey Giboons Green of Rabun Hardin of Glascock Harrison of J elf Davis

HinSQn Joel Jones Key Morgan Moye of Washington Nightingale Riddlespurger Smith of Bryan Thompson Tuten Witherington

ENROLLMENT
Ansley, Chairman Mitchell, Vice-Chairman Howard of DeKalb, Secretary
Adams Qf Polk Avera Bagby Barrett Battle Bennett Bradley Britton Bruton Caswell Clark

Callier Conger Coogle Cowart CQx Crow of Walker Davis Dobbs Ellis Flynt Fowler Freeman Garland Garrard

TUESDAY, JANUARY 21, 1947

75

Howard of Dawson Huddleston Ingle Jordan Knight Leverette Lockett McCracken Massey Mathis Meeks Miller Moye of Washingto.,., Nicholson Overby

Padgett Pennington Reid Rich Risner Rowland Salter Seagraves Sills Towill Vandiver Williams of Ware Willingham Yawn

EXCUSE OF MEMBERS ABSENT WITHOUT LEAVE

Riddlespurger, Chairman Goldberg, Vice-Chairman Holbrook, Secretary
Bagby Black Campbell Caswell Chance Cox Evans Eve Garland Garrett Gibbons Harrison of Jenkins Harrison of Wayne Holleman Howard of DeKalb Huddleston

Johnston of Lowndes Jordan Kenimer King Littlejohn Mallard Morgan Moye of Lamar Neel Nightingale Oden Overby Ramsay Risner Salter Smith of Carroll Smith of Chatham Smith of Oayton Wells of Oarke

GAME AND FISH

Walker, Chairman Gowen, Vice-Chairman Johnston of Lowndes, Secretary
Adams of Polk Adams of Wheeler Bargeron

Beddingfield Black Briscoe Bruton Causey Cheshire

76

JOURNAL OF THE HOUSE,

Clark Claxton Cochran Ceogle Covington Dobbs Dorsey Edenfield Etheridge of Baker Evans Evitt Garrard Gibson Glisson Greene of Crisp Greer Hagan Hall Harrison of Wayne Henderson Higgs Hobby Holbrook Ingle Jennings of Baldwin Johnson of Bulloch

Kidd Knight Leverette Lewis of Hancock Long McMillan McWhorter Mann of Henry Mann of Rockdale Ma110n Massey Meeks Padgett Rich Risner Salter Sills Smith of Fulton Stevens Trulock Tuten Tuttle Walker Williams of Mcintosh Williams of Ware

GENERAL AGRICULTURE No. ONE

Mason, Chairman Swindle, Vice-Chairman Moye of Lamar, Secretary
Addleton Barrett Bennett Bloodworth Briscoe Chance Clark Cochran Coogle Crowe of Worth Ellis Etheridge of Baker Flynt Fowler

Garrett Gary Gibbons Greene of Crisp Hall Harrison of Jeff Davis Henderson Higgs Hinson Hobby Holbrook Hurt Jennings of Sumter Kenimer King Knabb Knight

TUESDAY, JANUARY 21, 1947

77

Lockett Lokey Lovett McWhorter Mallard Mann of Henry Mathis Miller Padgett Rainey

Reid Risner Rowland Stevens Tuten Wells of Lincoln Williams of Jones Witherington Yawn

GENERAL AGRICULTURE No. TWO

Dykes, Chairman Battle, Vice-Chairman Cox, Secretary
Adams of Towns Anglin Avera Beddingfield Black Bostwick Bradley Bruton Byrd Caswell Causey Chalker Cheek Conger Davis Dobbs

Dorsey Edenfield Garland Gibson Glisson Jennings of Baldwin Johnson of Bulloch Leverette McMillan Meeks Nicholson Pearlman Pennington Rich Tuttle Twitty Vandiver Watford

GENERAL JUDICIARY No. ONE

Lewis of Hancock, Chairman Towill, Vice-Chairman Johnson of Bulloch, Secretary
Anglin Beddingfield Bennett Causey Cheshire Clark Crow of Walker Davis Dobbs

F1ynt Garland Goldberg Harrison of Jeff Davis Harrison of Jenkins Holleman Jordan Kemper Kenimer McMillan Mason Meeks

78

JOURNAL OF THE HOUSE,

Morgan Murphy Sabados Smith of Carroll Smith of Chatham

Williams of Toombs Willingham Willoughby Yawn

GENERAL JUDICIARY No. TWO

Hicks, Chairman Brooke, Vice-Chairman Chalker, Secretary
Bloodworth Cheek Covington Crowe of Worth Durden Elliott Etheridge of Fulton Garrard Gowen Hagan Howa~d of DeKalb Hubert Johnston of Lowndes Kenyon Key

Lokey McCracken Mathews Mavity Meeks Mitchell Moore of Lumpkin Morris Overby Riddlespurger Sills Smith of Emanuel Thompson Twitty Vandiver Walker Welsch Whaley

GEORGIA SCHOOL FOR THE DEAF

Beddingfield, Chairman Coogle, Vice-Chairman Nightingale, Secretary
Avera Barrett Bruton Caswell Cheshire Cochran Conger Davis Edenfield Garrard Gary Gibbons Hardin of Glascock

Hicks Hubert Joel Knabb Lewis of Greene Littlejohn Mann of Rockdale Mathis Moye of Lamar Risner Sabados Smith of Clayton Smith of Oglethorpe Stevens Williams of Mcintosh

TUESDAY, JANUARY 21, 1947

79

GEORGIA STATE SANITARIUM

Pennington, Chairman Kidd, Vice-Chairman Freeman, Secretary
Arnall Bagby Bennett Bloodworth Bostwick Bradley Brooke Campbell Causey Chance Cheek Callier Cox Dobbs Dorsey Dykes Ellis Etheridge of Baker Evitt Fowler Garrett Gary Glisson Greer Hagan Hardin of Glascock Hardy

Hefner Henderson Hicks Hinson Hobby Howard of Dawson Jennings of Baldwin Kemper Lockett Lovett McWhorter Mallard Malone Mason Miller Morris Moye of Lamar Oden Pulliam Ramsay Rich Riddlespurger Risner Stevens Towill Vickers Wells of Clarke Williams of Jones Willoughby Wilson

HALLS AND ROOMS

Hardy, Chairman Moye of Washington, Vice-Chairman Adams of Polk, Secretary
Adams of Wheeler Bennett Bostwick Brooke Bruton Causey Cheek Covington

Dykes Etheridge of Fulton Glisson Greene of Crisp Hardin of Turner Harrison of Jenkins Higgs Hill Jennings of Baldwin Lovett McCracken

80

JOURNAL OF THE HOUSE,

Neel Pearlman Pennington Ray Rich Riddlespurger Shields Smith of Carroll

Swindle Thompson Trulock Twitty Watford Wells of Oarke Welsch Yawn

Rainey, Chairman Ellis, Vice-Chairman Campbell, Secretary
Adams of Polk Addleton Avera Bagby Barrett Black Bradley Caldwell Caswell Claxton Coogle Cowart Crow of Walker Davis Durden Garland Garrard Gibbons

HISTORICAL RESEARCH
Green of Rabun Hardin of Turner Howard of DeKalb Ingle Jenkins Johnston of Lowndes Jordan Kenimer Lockett Lokey Manous Padgett Reid Sabados Skinner Smith of Chatham Stevens Swindle Welsch Willingham

HYGIENE AND SANITATION

Ray, Chairman Salter, Vice-Chairman Smith of Fulton, Secretary
Bargeron Byrd Causey Callier Covington Crow of Walker Ellis Gary

Goldberg Harrison of Jeff Davis Howard of Dawson Hubert Kidd Malone Mann of Rockdale Mavity Meeks Murphy Nee!

TUESDAY, JANUARY 21, 1947

81

Nicholson Riddlespurger Rowland Smith of Chatham Smith of Emanuel

Smith of Oglethorpe Trulock Vickers Witherington

INDUSTRIAL RELATIONS

Kendrick, Chairman Skinner, Vice-Chairman Cochran, Secretary
Adams of Towns Addleton Arnall Bagby Bargeron Bennett Brooke Caldwell Crow of Walker Durden Etheridge of Baker

Etheridge of Fulton Goldberg Harrison of Jenkins Holleman Howard of DeKalb Littlejohn Lokey Lovett McCracken Mavity Phillips Ray Sabados Wilson

Phillips, Chairman Evans, Vice-Chairman McCracken, Secretary
Adams of Wheeler Ansley Arnall Avera Barrett Battle Callier Causey Chance Covington Crowe of Worth Elliott Etheridge of Baker Etheridge of Fulton Evans Fowler Hampton

INSURANCE

Jennings of Baldwin Kendrick Key Leverette Littlejohn Lovett McMillan Morrison Rainey Ray Risner Rowland Salter Smith of Carroll Smith of Emanuel Smith of Fulton Vandiver Walker Whaley

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JOURNAL OF THE HOUSE,

INTERSTATE COOPERATION

Durden, Chairman Phillips, Vice-Chairman Ray, Secretary

Etheridge of Fulton McCracken Smith of Emanuel

INVALID PENSIONS AND SOLDIERS HOME

Dorsey, Chairman Gary, Vice-Chairman Tuttle, Secretary
Avera Bruton Chalker Claxton Coogle Cowart Davis Eve Flynt Garland Garrett Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Hefner Hobby Holbrook Howard of DeKalb Hubert Johnston of Lowndes Kenimer

Key King Lewis of Greene Lockett Manous McMillan Meeks Miller Mitchell Moye of Lamar Moye Gf Washington Nightingale Oden Padgett Pennington Ramsay Reid Rich Riddlespurger Risner Rowland Rucker Smith of Chatham Tuten Yawn

Nicholson, Chairman Trulock, Vice-Chairman Dobbs Secretary
Adams of Polk Adams of Towns Black Briscoe Caldwell Callier Campbell

JOURNALS

Caswell Chalker Chance Cochran Cox Crow of Walker Davis 1 Durden Evans Garrett

TUESDAY, JANUARY 21, 1947

83

Gibbons Higgs Jennings of Sumter Littlejohn Malone Seagraves

Smith of Bryan Thompson Twitty Walker Williams of Ware Willingham

LEGISLATIY.E AND CONGRESSIONAL RE-APPORTIONMENT

Mallard, Chairman Salter, Vice-Chairman Miller, Secretary
Adams of Polk Anglin Bagby Barrett Bruton Causey Cochran Cowart Ellis Fowler Freeman Garrard Gibson Green of Rabun Hardy Harrison of Jeff Davis Harrison of Jenkins

Hefner Hobby Holleman Hubert Huddleston Jenkins Jennings of Sumter Jordan King Lockett Massey Meeks Morgan Moye of Lamar Murphy Oden Padgett Reid Sills Twitty

MANUFACTURERS

Brooke, Chairman Bloodworth, Vice-C:hairman Smith of Oglethorpe, Secretary
Adams of Polk Adams of Towns Addleton Anglin Arnall Beddingfield Caldwell Callier Cheshire Covington Crowe of Worth

Dykes Evans Freeman Groover Hampton Hardin of Turner Hill Holleman Hubert Ingle Joel Kemper Kendrick Kenyon

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JOURNAL OF THE HOUSE,

Malone Mitchell Moore of Lumpkin Morgan Rainey Rowland Shields Skinner

Smith of Clayton Wells of Oarke Wells of Lincoln Welsch Williams of Jones Williams of Mcintosh Wilson

MILITARY AFFAIRS

Mathews, Chairman Vandiver, Vice-Chairman Huddleston, Secretary
Anglin Briscoe Britton Byrd Campbell Cox Davis Dorsey Elliott Goldberg Hicks Howard of Dawson Jennings of Baldwin Jennings of Sumter

Joel Jordan Johnson of Bulloch Kenyon Lokey McMillan Nightingale Ramsay Rucker Sabados Smith of ChS:tham Towill Watford Whaley Willingham Wilson

MINES AND MINING

Moore of Lumpkin, Chairman Davis, Vice-Chairman Long, Secretary
Ansley Arnall Avera Bloodworth Britton Callier Chance Cox Dobbs Dorsey Garrard

Glisson Hubert Jenkins Knight Massey Pulliam Ramey Risner Seagraves Smith of Oglethorpe Trulock Wells of Lincoln Williams of Toombs

TUESDAY, JANUARY 21, 1947

85

MOTOR VEHICLES

Adams of Wheeler, Chairman Cates, Vice-Chairman Hagan, Secretary
Adams of Towns Ansley Bagby Bargeron Beddingfield Briscoe Caswell Causey Chalker Covington Crow of Walker Dorsey Durden Dykes Edenfield Etheridge of Baker Etheridge of Fulton Flynt Garrison Gowen Greer Hall Hardin of Turner Hinson Hurt

Kendrick Joel Kemper Key Lewis of Hancock Littlejohn McCracken McMillau. Mallard Mavity Morrison Neel Oden Padgett Pearlman Phillips Ramey Ray Reid Sills Smith of Emanuel Smith of Fulton Smith of Oglethorpe Thompson Tuttle Vandiver Wells of Lincoln Whaley

MUNICIPAL GOVERNMENT

Thompson, Chairman Wells of Clarke, Vice-Chairman Lokey, Secretary
Adams of Polk Addleton Brooke Cheshire Conger Etheridge of Baker Etheridge of Fulton Green of Rabun Greer Hicks HiH

Hubert Hurt Johnson of Bulloch Johnston of Lowndea Kendrick Knight Lokey Lovett Mathews Mavity Miller Oden Overby Pennington

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Rainey Salter Seagraves

Swindle Thompson

PENITENTIARY
Hill, Chairman Hardin of Turner, Vice-Chairman Williams of Toombs, Secretary
Adams of Polk Adams of Towns Anglin Bagby Bloodworth Chalker Cheek Conger Covington Crow of Walker Crowe of Worth Etheridge of Fulton Evans Glisson Goldberg Greer Hagan Hall Hardin of Glascock Henderson Hicks Holbrook

Joel Jones Jordan Knight Littlejohn Lokey McWhorter Mallard Mann of Henry Manous Mathews Mavity Meeks Morris Rainey Reid Sills Smith of Bryan Thompson Tuten Vickers Walker Willoughby Witherington

PENSIONS
Williams of Ware, Chairman Mann of Henry, Vice-Chairman Groover, Secretary
Addleton Bostwick Britton Bruton Callier Campbell Chance Claxton Cochran Cowart

Cox Davis Eve Flynt Garland Gibbons Gibson Goldberg Harrison of Wayne Hefner Hubert Ingle Johnson of Bullocli

TUESDAY, JANUARY 21, 1947

87

Kemper Kendrick Manous Mason Massey Moore of Lumpkin Morgan Murphy

Padgett Rucker Shields Sills Smith of Clayton Tuttle Willingham Wilson

PRIVILEGES AND ELECTIONS

Knabb, Chairman Clark, Vice-Chairman Garrard, Secretary
Bagby Battle Bargeron Black Cowart Davis Dobbs Durden Etheridge of Baker Gibbons Groover

Hagan Hampton Hill Holleman Howard of Dawson Huddleston Kenyon King Mitchell Risner Tuttle Walker Welsch

PRIVILEGES OF THE FLOOR

Greer, Chairman Kemper, Vice-Chairman Ramsay, Secretary
Addleton Barrett Caldwell Callier Caswell Cheshire Claxton Cochran Cowart Eve Freeman Garland Garrett

Glisson Hardin Harrison of Wayne Hefner Ingle Jenkins Jones Jordan Kendrick Lockett Miller Oden Ramsay Williams of Mcintosh Williams of Ware

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JOURNAL OF THE HOUSE,

PUBLIC HIGHWAYS No. ONE

Cates, Chairman Bagby, ViceChairman Pearlman, Secretary
Adams of Wheeler Avera Bloodworth Briscoe Cochran Conger Crowe of Worth Dorsey Dykes Edenfield Ellis Freeman Green of Rabun Greene of Crisp Gowen Hinson Holbrook

Jennings of Baldwin Knight Littlejohn Lokey Long McMillan Mann of Henry Meeks Miller Moore of Lumpkin Neel Nicholson Padgett Pearlman Ramsay Smith of Oglethorpe Williams of Jones Willoughby Witherington

PUBLIC HIGHWAYS No. TWO

Jennings of Sumter, Chairman Gibson, ViceChairman Bostwick, Secretary
Anglin Arnall Boyd Cheek Oark Callier Cochran Elliott Fowler Goldberg Hardin of Glascock Harrison of Jeff Davis

Hurt Kenyon Kidd McWhorter Manous Meeks Moye of Washington Rich Rucker Seagraves Swindle Tuttle Twitty Wells of Oarke Williams of Toombs

PUBLIC LIBRARY

Rowland, Chairman Manous, Vice-Chairman Smith of Clayton, Secretary

Addleton Ansley Bradley

TUESDAY, JANUARY 21, 1947

89

Britton Bruton Caswell Chalker Cochran Edenfield Evitt Groover Hall Hampton Hardin of Turner Howard of DeKalb

Jennings of Sumter Lewis of Greene Lokey Rainey Shields Smith of Oayton Smith of Oglethorpe Trulock Wells of Oarke Wilson Willoughby

PUBLIC PRINTING

Anglin. Chairman McWhorter, Vice-Chairman Williams of Ware, Secretary
Battle Black Byrd Elliott Evans Eve Flynt Fowler Gibson Ingle

Jenkins Kenyon Littlejohn Malone Moore of Lumpkin Moye of Washington Rucker Salter Shields Swindle Vickers Williams of Mcintosh Willingham

Vickers, Chairman Barrett, Vice-Chairman Hampton, Secretary
Adams of Towns Bagby Briscoe Callier Campbell Chance Evans Freeman Garrard Garrett Gibbons Green of Rabun

PUBLIC PROPERTY
Hall Hardin of Glascock Hinson Johnson of Bulloch Knight Lockett Long Moore of Taliaferro Morris Morrison Moye of Washington Nicholson Ramey Risner Seagraves

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JOURNAL OF THE HOUSE,

Skinner Towill Watford

Welsch Williams of Jones

Chance, Chairman Mathis, Vice-Chairman Hurt, Secretary
Addleton Bagby Barrett Beddingfield Bostwick Briscoe Brooke Byrd Caldwell Chalker Cochran Crow of Walker Etheridge of Baker

PUBLIC UTILITIES
Garland Glisson Goldberg Greer Hardin of Turner Jenkins Key Mason Mavity Neel Pearlman Rainey Rich Rucker Smith of Bryan

Whaley, Chairman Mavity, Vice-Chairman Bennett, Secretary
Bargeron Byrd Callier Chalker Cheshire Oaxton Crow of Walker Crowe of Worth Davis Dorsey Ellis Eve Evitt Gary Green of Rabun Hinson Jennings of Baldwin Jennings of Sumter Jones

PUBLIC WELFARE
Kidd Knabb Lewis of Greene Lokey Malone Mann of Henry Manous Morris Murphy Nicholson Pulliam Shields Smith of Oayton Smith of Oglethorpe Towill Trulock Tuttle Williams of Mcintosh Williams of Toombs Willingham Witherington

TUESDAY, JANUARY 21, 1947

91

Welsch, Chairman Witherington, Vice-Chairman Green of Rabun, Secretary
Adams of Polk Arnall Battle Black Bloodworth Bradley Britton Brooke Byrd Chalker Claxton Cochran Elliott Etheridge of Fulton

RAILROADS

Eve Gowen Greene of Crisp Groover Hampton Hardin of Glascock Holleman Kendrick Long Neel Nicholson Seagraves Smith of Oglethorpe Towill Vickers Williams of Ware Willoughby

Mr. Speaker, Chairman Elliott, Vice-Chairman Twitty, Secretary
Adams of Wheeler Ansley Bargeron Bennett Bradley Byrd Caldwell Cates Cheek Coogle Dykes Etheridge of Fulton Flynt Garrison Gary Hagan Hicks Hill Hubert Huddleston Jennings of Baldwin Jennings of Sumter Kenimer

RULES

Key Lewis of Hancock Littlejohn Lovett McCracken McMillan Mann of Rockdale Mathis Pennington Phillips Rainey Ramey Ray Riddlespurger Shields Sills Smith of Chatham Smith of Emanuel Smith of Fulton Swindle Welsch Whaley Williams of Toombs Willoughby Wilson Yawn

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JOURNAL OF THE HOUSE,

SANITARIUM AT ALTO AND ROME

Littlejohn, Chairman Garrison, Vice-Chairman Adams of Towns, Secretary
Bagby Battle Black Britton Byrd Chalker Oark Dorsey Green of Rabun Greene of Crisp Hicks Howard of Dawson

Jenkins Johnson of Bulloch Lewis of Greene Long Mann of Henry Moore of Lumpkin Morrison Ramsay Rucker Skinner Smith of Bryan Smith of Oayton Smith of Oglethorpe Swindle Witherington

SPECIAL APPROPRIATIONS

Harrison of Wayne, Chairman Garrett, Vice-Chairman Greene of Crisp, Secretary
Anglin Arnall Barrett Bostwick Bruton Caldwell Campbell Clark Cochran Conger Hall Hurt Ingle Jenkins Knight Leverette Lokey

Malone Massey Mathis Meeks Morgan Moye of Lamar Moye of Washington Pulliam Ramey Ramsay Rowland Rucker Salter Seagraves Shields Smith of Oayton Stevens Towill Welsch Wilson

SPECIAL JUDICIARY

Cheek, Chairman Bennett, Vice-Chairman Addleton, Secretary

Brooke Etheridge of Fulton Garrison

TUESDAY, JANUARY 21, 1947

Green of Rabun Higgs Holleman Huddleston Lewis of Greene Long McMillan Malone Mathews Meeks Mitchell

Moye of Washington Murphy Overby Pulliam Ramsay Riddlespurger Rucker Smith of Oglethorpe Thompson Williams of Mcintosh

STATE OF REPUBLIC

McCracken, Chairman Morrison, Vice-Chairman Whaley, Secretary
Adams of Wheeler Anglin Ansley Bennett Black Bradley Brooke Cates Cheek Crowe of Worth Dykes Elliott Gary Glisson Groover Hall Harrison of Wayne Hill Jennings of Baldwin Jennings of Sumter Johnston of Lowndes Kendrick

Kenimer Knabb Knight Lewis of Hancock Lovett Mann of Rockdale Mathews Mavity Overby Pearlman Pennington Rainey Ray Rowland Shields Sills Smith of Carroll Smith of Emanuel Stevens Twitty W,alker of Ben Hill Wells of Lincoln Williams of Mcintosh Williams of Toombs

STATE PRISON FARM

Watford, Chairman Bradley, Vice-Chairman Harrison of Wayne, Secretary

Beddingfield Britton Callier

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JOURNAL OF THE HOUSE,

Clark Dorsey Evitt Glisson Greene of Crisp Kidd Leverette Lewis of Greene Mallard Malone Mathis Moore of Taliaferro Murphy

Overby Pulliam Rucker Sills Smith of Bryan Smith of Croll Smith of Clayton Tuttle Twitty Wells of Lincoln Williams of Jones Williams of Mcintosh Williams of Toombs

TEMPERANCE
Etheridge of Baker. Chairman Yawn, Vice-Chairman Phillips, Secretary
Ansley Bargeron Battle Claxton Durden Edenfield Etheridge of Fulton Evans Garrison Gowen Greer Hall

Hinson Johnson of Bulloch Kemper Kendrick Key Kpabb Littlejohn Morris Nightingale Phillips Skinner Smith of Chatham Smith of Emanuel Smith of Fulton Whaley

TRAINING SCHOOLS

Williams of Jones, Chairman Morgan, Vjce-Chairman Jennings of Baldwin, Secretary
Adams of Towns Bagby Battle Beddingfield Black Bostwick Briscoe Byrd

Callier Caswell Chance Cheshire Claxton Evitt Garrett Green of Rabun Greene of Crisp Hampton Hardin of Glascock

TUESDAY, JANUARY 21, 1947

95

Kidd King Howard of Dawson Huddleston Hurt Ingle Leverette Lewis of Green Lokey Malone Mathis

Moore of Lumpkin ;\Jorrison Overby Pennington Rich Rucker Smith of Oglethorpe Tuten Williams of Mcintosh Willingham Wilson

UNIFORM STATE LAWS

Jones of Brantley, Chairman Leverette, Vice-Chairman Jenkins, Secretary
Adams of Polk Battle Bradley Brooke Cheek Durden Elliott Greene of Crisp Long Morrison :\loye of Washington

Murphy Pulliam Shields Smith of Bryan Smith of Carroll Smith of Clayton Stevens Swindle Trulock Tuten Watford Welsch Williams of Jones

UNIVERSITY SYSTEM OF GEORGIA

Smith of Bryan, Chairman Morris, Vice-Chairman Joel, Secretary
Anglin Arnall Bagby Bargeron Bennett Bostwick Bradley Briscoe Britton Caldwell Conger Covington Crow of Walker

Dobbs Dorsey EJiis Evitt Fowler Flynt Gary Garrison Gowen Greene of Crisp Green of Rabun Hagan Hardy Harriwn of Jenkins Higgs Hill

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JOURNAL OF THE HOUSE, ,

Hubert Huddleston Hurt Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Kenyon Key Kidd Lewis of Greene Manous Mathis Mavity Moore of Taliaferro Morrison

Moye of Washington Murphy Nicholson Nightingale Oden Overby Pearlman Phillips Ray Sabados Smith of Chatham Wells of Oarke Williams of Mcintosh Willingham

Bargeron, Chairman Neel, Vice-Chairman Covington, Secretary
Bagby Battle Beddingfield Bennett Bruton Bradley Chance Crowe of Worth Durden Evans Eve Fowler Flynt Garland Hagan Hicks Higgs Hinson

VETERANS AFFAIRS
Holleman Howard of DeKalb Ingle Jennings of Sumter Jenkins Johnston of Lowndes Kemper Kidd Long Lovett Massey Mathis Morgan Moye of Washington Overby Pulliam Shields Stevens Wells of Clarke Williams of Toombs

WAYS AND MEANS

Lovett, Chairman Willingham, Vice-Ch~irman
Overby, Secretary

Adams of Wheeler Avera Bargeron

TUESDAY, JANUARY 21, 1947

Beddingfield Briscoe Cates Chalker Cheek Cochran Dorsey . Durden Dykes Edenfield Elliott Eve Fowler Garrard Gowen Greer Groover Harrison of Jenkins Harrison of Wayne Hicks Holleman Hubert Jones Jordan Key Kidd Littlejohn Lokey McCracken McWhorter

Mann of Rockdale Mason Mathews Mavity Mitchell Morrison Murphy Neel Nicholson Nightingale Pennington Phillips Ray Rich Sabados Shields Swindle Smith of Bryan Smith of Emanuel Thompson Trulock Twitty Vandiver Walker Watford Whaley Williams of Jones Wilson Yawn

WESTERN AND ATLANTIC RAILROAD

Evitt, Chairman Hinson, Vice-Chajrman Ingle, Secretary
Adams of Polk Adams of Towns Addleton Anglin Ansley Arnall Avera Bagby Bargeron Barrett

Beddingfield Black Bloodworth Britton Brooke Caldwell Clark Coogle Covington Crow of Walker Edenfield Flynt Freeman

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JOURNAL OF THE HOUSE,

Garrett Garrison Gibbons Gibson Glisson Green of Rabun Greene of Crisp Groover Hagan Hampton Hardin of Glascock Henderson Holbrook Howard of Dawson Jenkins Johnson of Bulloch Jones Jordan Kendrick King

Knight Lewis of Greene Long Mann of Henry Mann of Rockdale Massey Mavity Moore of Taliaferro Overby Ramey Ray Reid Shields Smith of Oglethorpe Stevens Thompson Twitty Williams of Mcintosh Williams of Toombs~ Willoughby

Under the provisions of HR l'io. 15, 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 Herman Talmadge. was called to order by the Speaker.

Governor Herman Talmadge, accompanied by the Committee of Escort from the House and Senate, together with other distinguished citizens, appeared upon the floor of the House and delivered the following address to the members of the General Assembly:

The speaker introduced the Governor who addressed the General Assembly as follows:
Ladies and Gentlemen of the General Assembly:
At the outset, let me express to you my deep appreciation for the confidence which you have expressed in me and for the honor which you have conferred on me by electing me Governor of the State of Georgia.
Some of the newspaper writers and some of the radio commentators have been saying that I have made myself Governor of Georgia by the use of force and violence and that I have executed a military coup d' etat in Georgia.
I leave it to the Legislature to be the judges as to whether or not I have used any force or violence or whether or not there has been a military coup d' etat in Georgia. Yo11 were present and you know what happened. You elected me and your committee installed me in the Executive Offices.
I wish to brand all of these charges and all of these statements as absolutely false. I charge that these rumors and these reports are malicious and have been circulated by designing people in an effort to produce resentment against the Legislature and against me as your Governor.
And those in the midst of this plot care nothing for the truth and the good name of Georgia. They are willing to destroy the reputation of the Georgia people and Georgia's

TUESDAY. JANUARY 21, 1947
good name in order to further their own ends. One of these perpetrators has now passed from the scene of action and the others, one by one, will follow in his footsteps.
The opposition is calling upon the people of Georgia to stage an uprising. They are advocating anarchy. They hope to create such a state of confusion in Georgia that it will be impossible for the Legislature to perform its duties. In their effort they will fail, because the majority of the White People of Georgia are behind us in this fight. If they persist in their effort, I shall call for this majority of the White People of Georgia to come to Atlanta and show them a real demonstration.
:-low, that has been said. Let's get down to business. Let's attend to the State's busi ness and do our duty.
It is an ancient practice in Georgia, and in all democracies, for the Chief Executive to counsel with the sovereign law-making body. I appear before you this morning in the furtherance of that practice, and I will discuss with you briefly the objectives to which all of us are committed by mandate of the people of Georgia expressed at the ballot box last summer.
_-\ chain of grievous circumstance~: removed from the scene the party leader. It became necessary, for the first time in more than a century for you to elect a Governor, and I want to say to you that I am eternally grateful to you for the trust and confidence which you have imposed in me. I will dedicate all that I am to the justification of that confidence.
When you inaugurated me and, by a joint committee of the House and Senate, inducted me into office I felt it my duty to take complete charge of the executive offices in order that the orderly processes of democratic government might not be impeded by those who would challenge your authority. I have acted kindly, but firmly.
SCHOOLS
I am sure that each member of the General Assembly will recognize, as I do, that the people of Georgia are impatient at the status of our schools. The complaint does not go to the curricula, nor to the executive management, but to the inadequacy of financing. No school system can be an adequate one without competent teachers,-teachers who rely with confidence upon their careers for a livelihood. To place our teachers upon a parity with other people employed by the State who have comparable responsibilities is a pressing necessity, and a necessity which nominees of the Democratic party undertook to me~t. \ fifty per cent increase in salary has been pledged. The method by which this can be ~ccomplished is inseparably linked with the budgetary and financial policies, and I shall, in a separate mess-age, deal with that specifically at a later date.
PUBLIC ASSISTANCE
It has been the public policy of this State, and I think a splendid one, to provide assistance for people who are physically handicapped; for those who, on account of age and infirmity, are no longer able to earn a livelihood; and to crippled children. This assistance has not been limited to grant of monies, but extends to the establishment of training schools at which they might be taught trades and avocations to make them selfsustaining. By vocational guidance and by instruction in these schools many unemployables can be reclaimed to contribute to the State's economy, rather than remain a drain upon it. With the cooperation of agencies of this State, it shall be my purpose to direct the State's assistance in such manner that the physically handicapped, and persons displaced in employment, shall make such contributions to their own support as might be possible. Of course there are persons whom such a program cannot reach. There are persons lingering in the late afternoon of life, and whose last days will be charged with fear unless a firm

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policy be established to assuage such fears. This program, too, is inseparably linked with the tax policy with which you must deal at the present session, and is one of the things which should have bearing upon your decisions.

ROADS
Our people have exercised a great degree of patience with respect to the construction and maintenance of secondary roads. A great number of our people live in areas not accessible to paved roads, yet they have contributed their full share of taxes for the construction of such. That degree of fairness with which you and I must deal with road construction and road maintenance will require that we spread the benefits of good roads throughout the entire State. I don't think any driver upon any road has more important business than the school bus driver with his cargo of bright boys and girls making his way to a schoolhouse. If there were such a thing as priority to roads, then the rural mail carrier would come pretty close to second. These are the road problems which have been neglected. The people are impatient at such neglect, and they gave you and me a clear mandate last summer. I earnestly urge that we comply with that mandate. I shall throw the full weight of the Executive Department into such compliance.

HEALTH
Too often people living in rural areas have lost the grim race with death because of the too-great distance to a hospital. It has been said that life is the most precious gift of God; good health is next. The contributions which we make, even though it does entail higher taxes, to the relief of suffering, to the prevention of maladies, to the improvement of the physical stamina of our people will be the greatest contributions. We are committed to the establishment of medical centers in rural areas which desire to match state funds. These areas are sometimes grouped around a principal town; sometimes "they involve a number of counties. Whatever local subdivision might sponsor health centers and hospitals ought to have the aid of this State. Medical education cannot be derived solely from books and publications. We urge doctors to take up their practice in these areas. We cannot with any degree of good faith ask them to do that unless we are willing to provide facilities which they may employ in their practice. The Party Convention at Macon committed you and me to set up at least one million dollars per annum to he used for the establishment of hospitals and medical centers. I earnestly ask your cooperation in this.
VETERANS
The problem of returning to civilian life has confronted nearly 400,000 young men and women. The Federal Government recognized its responsibility to aid in their rehabilitation, and has provided adequate funds with which to implement federal statutes. It is the function of the states to provide certain agencies to implement the benefits accruing to veterans under Federal legislation.
In the last few months 1 have, I think, thoroughly informed myself with respect to the views of Georgia veterans. They have not asked for any extravagant legislative program at all. In fact, veterans do not want anything like the extravagant legislative programs that non-veterans have urged. I have been advised that the failure of state agencies to function properly and efficiently has entailed the loss of many millions of dollars to our veteran groups, all of which is a corresponding loss to the State's economy. I am informed that under the G. I. Bill rural communities may have, at the expense of the Federal Government, vocational agricultural training; that classes may be organized and located in such manner that veterans' may take this training without leaving home. If we can organize sufficient classes in this State to carry this training to all of the rural communities, it will go far to solve the problem of soil erosion control; the preservation of forest

TUESDAY, JANUARY 21, 1947

101

reserves; and adequate housing in rural areas. It will solve many of the ills which have made individual farming enterprises unattractive. I shall do all within my power to implement every feature of the G. I. Bill, to the end that its benefits may be fully enjoyed by veterans of this State. In this I ask your full cooperation.

LABOR RELATIONS
Proponents of totalitarianism have claimed that their theory of government alone will stamp out -unemployment. The theory is utterly false. Nevertheless one of the challenges to a democratic state is to maintain such an economy as will be free, yet just to both capital and labor. Out of the recent turmoil will come a proper relationship between all who contribute to the nation's economy. We in Georgia must aid that. There must be job opportunities for everyone, but jobs which contribute to the State's economy. It is the duty of you and me to encourage the cooperation of labor and management, giving equal protection of the laws. Men who work must have the security of a home, the pleasure of decent living conditions, and such security as life in a democratic state affords. Oppor tunity to advance in job classifications, in salaries, and in wages must not be impaired and social reforms must be protected and maintained. Labor has every right to organize and bargain collectively. That right was granted capital when the first corporation in America was chartered. Labor has no less a right and it is the function of good government to protect each.
AGRICULTURE
I firmly believe that the vocational training in agriculture which is available to our veterans simply for the asking, and without expense to the State, will resuscitate abandoned farm communities; will make rural life teem with activity again; and will bring to agriculture that skill which has caused other avocations to be more attractive. The income of farms should be commensurate with that of other occupations. Without paved roads, electric power, and the convenience of modern life the plight of the farmers will not he what they are entitled to. I want to see the rural farm communities of our State grouped around adequate schools and community centers which will not only provide comfort and health but that culture to which our children are entitled. Farmers markets are necessary. They have improved the plight of our farmers immeasurably. They must be expanded to meet every need. One of the greatest sins against decent economy is to permit the crops, coaxed from Georgia soil by honest labor, to be wasted for want of a market place, or for want of roads to get them to such market places. We shall work together during the next four years to make every improvement possible in community life.

SOUTHERN TRADITIONS
Great statesmen of other days evolved and handed down to us what is known as the county unit system in the selection of our party nominees. I have found that in states which have a predominant political party, and which have no such system, are given to boss control. The endeavor of a candidate in such a state is not to appraise the needs of far-flung rural areas or small subdivisions of the state, but to amass a block vote in congested centers. Some of the most notorious political machines in the nation's history have flourished under such conditions. In Georgia, under the county unit plan, these machines break up on county lines.
Some of you come from small counties. If your two county unit votes were to be taken away and the mass block vote in our large cities were to be pitted against your small registration list, your needs for roads and schools and civic improvement would be lightly considered. By taking that unit vote from you they would take the only remaining influence you have. It is a theory not peculiar to Georgia but a theory which was accepted by the

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great men who met with Washington at Philadelphia and there drafted the United States Constitution. Of course I have dedicated myself to preserve the county unit system from attacks outside this State and inside. You have made the same pledge and you share the same responsibility.
THE WHITE PRIMARY
Ladies and Gentlemen, I will discuss the white primary last for emphasis. The forces which would destroy the white primary are largely centered outside of our State. Of course we love Southern tradition and Southern history, but these alone do not constitute our defense of the white primary. The necessity is much deeper, and is of far more consequence than mere tradition and history. The preservation of the white primary is no indica{ion of any unfriendly attitude toward our colored population. Let me quote an excerpt from the forthcoming book of one of the nation's greatest educators: "It is inter esting to note that the Southern men who have been the most outspoken against the socalled rights of the negro when it comes to political rights have been the very men foremost in helping their fellow colored citizens. I refer especially to Senator Tillman and to Senator Long. When these men came into office they found the program of higher education in the hands of white people who were teaching in negro schools. They had these schools separated from the whites and put in the hands of negroes, following these separations with large appropriations of state funds. Today the college built by Senator Tillman is a fine and well-supported school. I have found that, concede to Southern men segregation and they will go along with our colored friends to the utmost limit."
Colored people should have the same protection under the law accorded white people. They should have good schools, the opportunity to work, the protection of the full benefit d our health laws, and the right to earn a living and educate their children. Negroes who are qualified to vote must be allowed to vote. This attitude is not at all inconsistent with our demand that the Democratic party in Georgia be allowed to make its own rules and, like every other society, be the judge of the qualification of its own members. We operated the Democratic Party for many ,years under its own rules. You will find on page 121 of the recent History of the Supreme Court, which was edited by the Georgia Bar Association, that we have had more cases in our courts involving claims to office and elections during the last ten years than we had the previous ninety. That simply means that when we operated the Party under its own rules elections were even more orderly, more satisfactory, and less productive of litigation than since the Neil Primary Act became law. We are committed, therefore, not only by the Electorate of this State but by the platform of the Party Convention, to repeal the Neil Primary Law and to enact such penal statutes policing elections and guaranteeing peace and good order as might be necessary. I am wholly committed to such legislation and I urge upon you its prompt passage.

CONCLUSION
Now, Ladies and Gentlemen, you have borne with me very patiently. I have not attempted to include in this message to you my suggestions with respect to the State's tax policy, or financial policy. It is necessary to go into detail in regard to these. With your permission, I shall again appear before you and give you my recommendations. I expect it to provoke much discussion-! hope it will. I want any legislation touching taxation to reflect the composite views of the members of the House and Senate. I earnestly invite the suggestions of each of you, and, most of all, I urge that you study the suggestions which I shall make in that message. I shall direct that each of you be furnished a copy and I hope it may serve you in the final preparation of legislation touching those matters.
I have stated on three occasions prior to my election as Governor of Georgia and when I made my inaugural address that the office of Governor of Georgia belongs to the people of Georgia. I am anxious for the people of Georgia to have an opportunity to t>xpress their choice through a Democratic White Primary at the earliest possible moment.

TUESDAY, JANUARY 21, 1947

103

It is my recommendation that the General Assembly remain in session and complete its duties for the following reasons:

First, we should enact laws to provide for a Democratic White Primary.

Second, the election laws should be changed to strengthen the qualifications of voters.

Third, we and the Democratic Party have pledged expanded state services for the people of Georgia. These expanded services cannot be provided without increased revenue. This revenue must be provided immediately in order to provide these increased salaries for school teachers, assistance for the aged, blind and dependent children and for public roads and health.

There is one way and only one legal way that the people can determine this issue at the polls.

In the event of the death, disability or resignation of the Governor and the Lieutenant Governor, the Executive authority of this state is vested in the Speaker of the House of Representatives who must call a special election within sixty days to elect a Governor of Georgia.

I therefore propose as follows:

That the Legislature complete its duties in accordance with the Democratic Party platform. After completion of this duty, if the Lieutenant-Governor will resign, your Gov ernor w1ll resign. The Speaker of the House of Representatives will assume Executive authority. I will meet any candidate for the governorship of Georgia in a Democratic White primary to let the wh!te people of Georgia determine who is their choice for Governor.
Respectfully submitted, Governor

Mr. Smith of Emanuel moved that the Joint Session of the General Assembly be .now dissolved, and the motion prevailed.
The Speaker called the House to order.
Mr. Elliott of Muscogee moved that the House do now adjourn until tomorrow morning at 10:00 A. M., and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 10:00.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia, Wednesday, January 22, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker, and opened with prayer by Rev. J. B. Stodghill of the Worthville Baptist Church.
The call of the roll was dispensed with.
Mr. Nicholson of Oconee, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
The reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House. 2. 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 intro duced, read the first time, and referred to the Committees:
HB 36. By Messrs. Meeks of Union, Green of Rabun and Howard of Dawson:
A Bill to he entitled an Act to amend the Code of Georgia relating to the Judicial Circuits of the Superior Courts, by sub-dividing the Northeastern Circuit into two judicial circuits, and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 37. By Messrs. Bargeron and Cates of Burke:
A Bill to he entitled an Act to amend the Charter of the City of Wayneshoro, and for other purposes.
Referred to the Committee on Municipal Government.

WEDNESDAY, JANUARY 22, 1947

105

HB 38. By Mr. Chalker of Pulaski:
A Bill to he entitled an Act to provide that in counties of a certain population where the Solicitors General are on salary basis, the method of distribution and di~bursements of funds received from fines and forfeitures in criminal matters in excess of costs as prescribed by law, and for other purposes.

Referred to the Committee on General Judiciary No. 2.

HB 39. By Messrs. Johnson and Mallard of Bulloch:
A Bill to be entitled an Act to amend the charter of the City of Statesboro, and for other purposes.
Referred to the Committee on Municipal Government.

HB 40. By Messrs. Wells of Clarke and Cheek of Franklin:
A Bill to he entitled an Act to amend the Act creating the Department of Public Safety; to provide therein for a five-year automobile driver's license, and for other purposes.
Referred to the Committee on State of Republic.

HB 41. By Mr. Pulliam of Elbert:
A Bill to be entitled an Act to provide for the taking of testimony in matters before the Department of Industrial Relations, generally known as Workmen's Compensation Board, by interrogatories or depositions, and for other purposes.
Referred to the Committee on Industrial Relations.

HB 42. By Mr. Pulliam of Elbert:
A Bill to be entitled an Act to repeal Section 801 of Chapter 23 of the Code of Georgia, in reference to a vacancy in the office of Commissioner of Roads and Revenues in any County, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 43. By Mr. Ramey of Chattooga:
A Bill to be entitled an Act to amend Sections 2 and 3 of an Act approved Sept. 29, 1891, incorporating the Town of Lyerly in Chattooga County, and for other purposes.
Referred to the Committee on Municipal Government.

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JOURNAL OF THE HOUSE,

HB 44. By ~r. Welsch of Cobb:
A Bill to be entitled an Act to amend Sec. 53-210 of the 1933 Ga. Code relating to penalty for officiating in marriage ceremony so as to provide that no marriage ceremony shall be performed until after a lapse of 30 days from date of issuance of the license, and for other purposes.
Referred to the Committee on General Judiciary No. l.

HB 45. By :\lr. Harrison of Jenkins:
A Bill to he entitled an Act to levy and collect a tax upon the business of manufacturing, selling or distributing, either at wholesale or retail, certain beverages known as "soft-drinks," carbonated waters, syrups or articles, either liquid or solid, used in making. fixing or blending with carbonated waters to be sold for beverage purposes, and for other purposes.
Referred to the Committee on Ways and Means.

HB 46. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A Bill to be entitled an Act to provide that honorably discharged veterans who held positions with county or city governments shall not lose seniority on any retirement or pension plan by virtue of their service in the armed forces, and for other purposes.
Referred to the Committee on Military Affairs.

HB 47. By Mr. Hall of Treutlen:
A Bill to be entitled an Act to amend an Act approved August 17, 1920, entitled "An Act to Incorporate the City of Soperton; to define the corporate limits of the City of Soperton," and for other purposes.
Referred to the Committee on Municipal Government.

HB 48. By Mr. Ray of Warren:
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 10,240 or less than 10,230, according to the Federal Census of 1940, to pay to the Tax Receiver of said counties the sum of three hundred fifty dollars per year, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 49. By Mr. Joel of Clarke: A Bill to be entitled an Act to amend an Act approved March 26, 1936, entitled An Act to amend the charter of the Town of Athens, and for other purposes.
Referred to the Committee on Municipal Government.

WEDNESDAY, JANUARY 22, 1947

107

HB 50. By Messrs. Jennings and Kidd of Baldwin:

A Bill to be entitled an Act to repeal an Act creating the State Board of Social Security (Ga. Laws 1943, approved March 6, 1945, authorizing the Governor to fix the compensation of the Director of the State Board of Social Security, and for other purposes.

Referred to the Committee on State of Republic.

Mr. Crowe of Worth County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HB 21. Do Pass.

Respectfully submitted,
Crowe of Worth, Chairman.

By unanimous consent, the following Bill of the House, favorably reported, was read the second time:
HB 21. By Mr. Crowe of Worth:
A Bill to be entitled an Act to make appropriations for the operation of the State Government, and for other purposes.

Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, Bradley of Tattnall, and many others:
A Bill to be entitled an Act to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections by any political party, organization, or association for the purpose of choosing or selecting candidates for office or delegates to conventions, and for other purposes.
Mr.. Harrison of Jenkins moved that further consideration of HB No. 13 be postponed until Monday morning, January 27, 1947, at 10:00 o'clock, A.M.

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JOURNAL OF THE HOUSE,

Mr. Elliott of Muscogee moved that further consideration of HB No. 13 be postponed until 10:00 o'clock tomorrow morning.

Mr. Elliott of Muscogee asked unanimous consent that the House agree to the motion of the Gentleman from Jenkins, and there was no objection.

The Speaker announced that further consideration of HB No. 13 would be postponed until Monday, January 27, 1947, at 10:00 o'clock, A. M.

Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.

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

THURSDAY, JANUARY 23, 1947

109

Representative Hall, Atlanta, Georgia, Thursday, January 23, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker, and opened with prayer by Rev. J. B. Stodghill of the Worthville Baptist Church.
The call of the roll was dispensed with.
Mr. Nicholson of Oconee, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
The reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
I. Introduction of Bills and Resolutions under the Rules of the House. 2. 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 intro duced, read the first time, and referred to the Committees:
HR 21-73A. By Messrs. Etheridge, Kendrick and Smith of Fulton: A Resolution to pay compensation to William M. Kimbrell for broken ankle suffered by collapse of baseball grandstand at Tattnall Prison.
Referred to the Committee on Special Appropriations.

HR 2273B. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A Resolution to pay compensation to W. H. McCoy for broken hack suffered by collapse of baseball grandstand at Tattnall Prison.
Referred to the Committee on Special Appropriations.

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JOURNAL OF THE HOUSE,

HR 23-74A. By Mr. Willoughby of Clinch:

A Resolution proposing to the qualified voters of Georgia an amendment to the Constitution relating to the Election returns; how published; and for other purposes.

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

HB 51. By Messrs. Eve, Morris and Towill of Richmond:
A Bill to be entitled an Act to provide a Charter for the City of Augusta, and for other purposes.
Referred to the Committee on Municipal Government.

HB 52. By Mr. Padgett of Echols:
A Bill to be entitled an Act to amend an Act to establish a Board of Commissioner>' of Roads and Revenues for the County of Echols, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 53. By Messrs. Davis of Bartow and Garland of Butts:
A Bill to be entitled an Act to amend Section 68-803 of the Code of Georgia of 1933 to provide for jurisdiction of the courts of the State over non-resident motor ists using the highways of this State, and for other purposes.
Referred to the Committee on General Judiciary No. I.

HB 54. By Messrs. Davis of Bartow and Garland of Butts:
A Bill to be entitled an Act to amend an Act approved March 8, 1945, amending Code Section 38-1801 of the Code of Georgia of 1933, to include therein additional classes of persons who may be made a witness and cross-examined with the further right of impeachment, and for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 55. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to change the law of evidence," and for other purposes.
Referred to the Committee on General Judiciary No.2.

THURSDAY, JANUARY 23, 1947

Ill

HB 56. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act creating the po5ition of Judge Emeritus of the Superior Courts, and for other purposes.

Referred to the Committee on Special Judiciary.

HB 57. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to provide that it shall be lawful for any person, firm, partnership or corporation of this State. to pay to the wife of any employee, upon his adjudication as being in5ane, whatever wages may be due such employee, not to exceed $200.00, and for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 58. By :\Ir. Etheridge of Fulton:
A Bill to be entitled an Act to give an express lien to involuntary gratuitous depositaries; to authorize such depositaries for the purpose of locating the owner, and for otherpurposes.
Referred to the Committee on General Judiciary No. 2.

HB 59. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Courts of the Atlanta circuit by providing that the salary of the SolicitorGeneral shall be fixed at a certain amount per annum, and for other purposes.
Referred to the Committee on Counties and County l\Iatters.

HB 60. By Messrs. Elliott, Holleman and Shields of ~luscogee:
A Bill. to be entitled an Act to amend an Act entitled "An Act to Amend an Act to abolish the justice courts, and office of the Justice of the Peace and Office of Notary Public, etc., and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus, and for other purposes.
Referred to the Committee on Counties and County matters.

HB 61. By Messrs. Elliott, Holleman and Shields of Muscogee:
A Bill to be entitled an Act amending the Charter of the City of Columbus, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city, and for other purposes.
Referred to the Committee on Municipal Government.

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JOURNAL OF THE HOUSE,

HB 62. By Messrs. Elliott, Holleman and Shields 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 63. By Messrs. Elliott, Holleman and Shields of Muscogee:
A Bill to be entitled an Act to amend Section 21-204 of the Code of Georgia of 1933 so as to provide for the appointment by the Coroner of a Deputy-Coroner in counties having a population of not less than 75,484 persons and not more than 75,504 persons according to the United States census of 1940, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 64. By Messrs. Elliott, Holleman and Shields of Muscogee: A Bill to be entitled an Act to amend the Charter of the City of Columbus, so as to empower said city to assist its employees and officers and members of certain city administrative boards, including family dependents, in securing and maintaining policies of hospitalization insurance and other incidental benefits, and for other purposes.
Referred to the Committee on Municipal Government.
HB 65. By Messrs. Elliott, Holleman and Shields of Muscogee: A Bill to be entitled an Act to amend an Act entitled "An Act to authorize the City of Columbus to sell and convey any part or all of the tract of land in said city known as 'Motts Green'," and for other purposes.
Referred to the Committee on Municipal Government.

HB 66. By Messrs. Whaley of Telfair, Hall of Truetlen, Morrison of Montgomery and Ansley of Lee:
A Bill to be entitled an Act to repeal an Act entitled "An Act to make additions to the law of libel by newspapers, magazines or periodicals, and for other purposes.
Referred to the Committee on State of Republic.

HB 67. By Messrs. Eve, Morris and Towill of Richmond:
A Bill to be entitled an Act to abolish in the counties of this State having a population of between 81,000 and 82,000 according to the United States census of 1940, or any future United States Census, the Board of County Registrars, and for other purposes.
Referred to the Committee on Counties and County Matters.

THURSDAY, JANUARY 23, 1947

113

HB 68. By Messrs. Eve, Morris and Towill of Richmond:

A Bill to be entitled an Act to prohibit and to regulate within the territorial limits of any County in this State having a population of between 81,000 and 82,000 according to the U. S. census of 1940, or by any future United States Census, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls, and for other purposes.

Referred to the Committee on Counties and County Matters.

HB 69. By Messrs. Eve, Morris and Towill of Richmond:
A Bill to be entitled an Act providing for counties having a population between 81,000 and 82,000 under the 1940 U. S. census or any subsequent census, a County Planning and Zoning Commission and a County Board of Zoning Appeals, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 70. By Messrs. Eve, Morris and Towill of Richmond.
A Bill to be entitled an Act to provide an optional system of consolidated County and Municipal Government with particular reference to tax assessment and col lection, and for other purposes.
Referred to the Committee on Municipal Government.

HB 71. By Messrs. Nicholson of Oconee, Hefner of Pickens, Dobbs of Gwinnett and Greene of Crisp.
A Bill to be entitled an Act to amend Section 84-709 of the Code of Georgia of 1933, providing for eligibility of applicants for license to practice dentistry, and for other purposes.
Referred to the Committee on Military Affairs.

HB 72. By Messrs. Lovett and Malone of Laurens, Jennings of Sumter, Chance of Twiggs, Mann of Dodge, Williams of Jones, and Battle of Schley.:
A Bill to be entitled an act to prohibit the use of force, intimidation, violence, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working or to peaceably conduct his business, or to require the membership or nonmemhership of any person in a labor organization, and for other purposes.
Referred to the Committee on Industrial Relations.

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JOURNAL OF THE HOUSE,

HB 73. By Messrs. Lovett of Laurens, Williams of Jones, Jennings of Sumter and others:

A Bill to be entitled an Act to prohibit any individual being required as a condi tion of employment, or of continuance of employment, to be or remain, or to refrain from being or remaining a member or affiliate of a labor organization, and for other purposes.

Referred to the Committee on Industrial Relations.

HB 74. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend the several Acts incorporating the town of Louisville and for other p.urposes:
Referred to the Committee on Municipal Government.

Mr. Ramey of Chattooga County. Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker: Your Committee on Counties and County ~iatters has had under consideration the
following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 30. Do Pass. HB 32. Do Pass.
HB 31. Do Pass.
HB 24. Do Pass.
HB 25. Do Pass.
HB 5. Do Pass.
HB 10. Do Pass.
HB 16. Do Pass. Respectfully submitted,
Ramey of Chattooga, Chairman.

THURSDAY~ JANUARY 23, 1947

liS

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 has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB -4. Do Pass.

HB 38. Do Pass.

Respectfully submitted,
Hicks of Floyd, Chairman.

Mr. Thompson of Meriwether County, Chairman of the Committee on Municipal Gov emment, submitted the following report:

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

HB 15. Do Pass.

HB 22. Do Pass.

HB 23. Do Pass.

HB 39. Do pass.

Respectfully submitted,
Thompson of Meriwether, Chairman.

Mr. McCracken of Jeffer!'on County, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:
Your Committee on State of Republic has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1. Do Pass, as amended.

HR 19-13A. Do Pass.

HB 40. Do Not Pass.

Respectfully submitted,
McCracken of Jefferson, Chairman.

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JOURNAL OF THE HOUSE.

The following message was received from the Senate through the Secretary thereof:

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

SR ll. By Senator Baker of the 42nd:
A resolution to extend thanks to Dr. R. S. Payne for courtesies extended refugees during the recent flood at Rome, Georgia, and to request the Central of Georgia Railroad to raise its bridge over State Route No. 1 a distance of four feet so that the road will not agai~ be closed to traffic, or covered by flood waters.

By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HB l. By Mr. Hand of Mitchell: A Bill to be entitled an Act to prevent the office of Commissioner of Revenue, of the State of Georgia, from being used for political purposes, and for other purposes.

HB 4. By Mr. Causey of Bacon:
Entitled an Act to amend Sec. 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 inserting in lieu thereof the words "resident citizens," to show how said section when so amended shall read; and for other purposes.

HB 5. By Messrs. Jennings and Kidd of Baldwin: A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act approved December 22, 1898, providing for the election of Board of County Commissioners by the people of Baldwin County; to provide for the election of a chairman; when the election shall be held, and for other purposes.
HB 10. By Messrs. Wilson, Kemper and Vandiver of Bibb: To he entitled an Act to provide a permanent pension and retirement plan for County employees and/or officers, elective and/or appointed, of Bibb County, Georgia.
HB 15. By Mr. Hurt of Polk: A Bill to he entitled an Act to repeal an Act incorporating the Town of VanWert in Paulding County, now Polk County, and for other purposes.
HB 16. By Mr. Cheek of Franklin: A Bill to he entitled an Act to create the office of Commissioner of Roads and Revenues in Franklin County, and for other purposes.

THURSDAY, JANUARY 23, 1947

117

HB 22. By Messrs. Nightingale and Gowen of Glynn:
A Bill to be entitled an Act to amend the charter of the City of Brunswick; to provide that the city manager need not be a resident of said city; to increase the maximum fee that may be charged for annual registration license for engaging in business, callings, trades or professions, and for other purposes.

HB 23. By Messrs. Johnson and Mallard of Bulloch:
A Bill to be entitled an Act to amend an Act creating the City Court of Statesboro, and for other purposes.

HB 24. By Messrs. Johnson and Mallard of Bulloch:
A Bill to be entitled an Act to amend an Act creating the Board of County Commissioners for the County of Bulloch, and for other purposes.

HB 25. By Messrs. Johnson and Mallard of Bulloch:
A Bill to he entitled an Act to amend an Act to abolish the offices of tax receiver and collector of Bulloch County, and for other purposes.

HB 30. By Mr. Lovett of Laurens:
A Bill to he entitled an Act to place the Sheriff of Laurens County, his deputies, and the Clerk of the Superior Court of Laurens County on a salary basis, and for other purposes.

HB 31. By Messrs. Holleman, Shields and Elliott of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and for other purposes."

HB 32. By Messrs. Holleman, Shields and Elliott of Muscogee:
A Bill to he entitled an Act to authorize officers of any county having a population of not less than 70,000 and not more than 80,000, according to 1940 census, etc., who have charge of records, to install and use photostatic equipment in recording and copying records, etc., and for other purposes.

HB 38. By Mr. Chalker of Pulaski:
A Bill to he entitled an Act to provide in counties of a certain population where the Solicitors General are on salary basis, the method of distribution and disbursements of funds received from fines and forfeitures in criminal matters in excess of costs as prescribed by law, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 39. By Messrs. Johnson and Mallard of Bulloch:
A Bill to be entitled an Act to amend the charter of the City of Statesboro, and for other purposes.

HR l9-l3A. By Messrs. Hand of l\litchell, Elliott of Muscogee, Lovett of Laurens and Lewis of Hancock:
A Resolution directing the Secretary of State as to the use of the Great Seal.

Mr. Joel of Clarke asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Municipal Government and recommitted to the Committee on Counties and County Matters:
HB 49. By Mr. Joel of Clarke:
A bill to be entitled an Act to amend an Act to amend the Charter of the Town of Athens, and for other purposes.
Objection was heard to the unanimous consent request.
Mr. Joel of Clarke moved that HB 1\'o. 49 be withdrawn from the Committee on Municipal Government and recommitted to the Committee on Counties and County :\latters.
On the motion to withdraw and recommit, the ayes were 20, nays 83.
The motion was lost.

The following communication was read to the House:

State of Georgia Executive Department
Atlanta Herman E. Talmadge
Governor Benton Odom Executive Secretary

Honorable Fred Hand Speaker, House of Representatives State Capitol Atlanta, Georgia.

January 23, 1947.

l\1Y dear Speaker Hand:
Will you please inform the members of the House of Representatives that Mrs. Talmadge and I are having a buffet supper between the hours of 5:00 and 7:00 P. M.,

THURSDAY, JANUARY 23, 1947

119

Tuesday, January 28th, at the Executive Mansion, for the members of the General Assembly and their ladies. All members of the House of Representatives and the Senate, together with their ladies, are invited.

With kindest personal regards, I am

HET/jb

Sincerely yours,

Herman E. Talmadge, Governor

State of Georgia

Office of the Governor

Atlanta

Herman E. Talmadge

Governor

Gladys Creal

Secretary

Hon. Fred Hand Speaker of the House of Representatives State Capitol Atlanta, Georgia.

January 23, 1947

Dear Speaker Hand:
Attached hereto is a budget message to the General Assembly of Georgia which I would appreciate your having read to the House of Representatives.

I am having copies made for each member of the General Assembly which I shall have placed on each Member's desk. These copies are now ready for distribution.

With kindest personal regards and best wishes.

HET:gc

Sincerely,

Herman E. Talmadge, Governor

The following message from His Excellency, Governor Herman Talmadge, was read to the House:
BUDGET MESSAGE
Mr. Speaker, Mister President Pro-Tem and members of the General Assembly of Georgia:
Under the Constitution and laws of Georgia it is the duty of the Governor to prepare and submit to the General Assembly a budget for the operations of the State Government, to recommend the sources from which additional revenues can be provided if the budget is in
'

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JOURNAL OF THE HOUSE,

excess of the present revenues, and it is also his duty to deliver a budget message containing any explanations or comments he may desire to make as to the important features of the budget. For this reason I am appearing before you today to submit for your consideration an outline for the financial operations of the State Government of Georgia.

Thanks to the laws enacted by the General Assembly of Georgia, which provided for protection in the use of State funds, I find the State's finances in excellent condition.

Funds are in the Sinking Fund in the State Treasury to pay the Highway Refunding Bonds due March 1947 and March 1948, thus relieving the necessity of using some of the current funds to provide $2,650,000.00 each year.

The Western and Atlantic Railroad Rentals which have been discounted and which are payable $540,000.00 a year have also been protected and will make it unnecessary to provide in this budget any funds for that purpose. I find also that all Highway contracts which are outstanding in the Highway Department are covered by cash reserves, and there is sufficient money on hand to match the Federal funds accrued to date.

I would like to take this opportunity to congratulate the members of the General Assembly on the laws which they have enacted, which protect the use of State funds and allow the State Auditor to prevent the use of funds set aside to match Federal road funds for 100% State financed road jobs instead of the purpose for which it was intended.

However, I do find that there is one item of indebtedness of $3,750,000.00 which was apparently created without specific authorization of the General Assembly for dormitory construction purposes at the Georgia School of Technology.

These bonds were issued by the Board of Regents on the basis of a Supreme Court ruling that the Board of Regents acting as a corporation could negotiate such bonds payable out of the revenue derived from the dormitories.

An attempt was made to create an indebtedness against the State by Hypothecating the Western and Atlantic Railroad Rentals in the amount of approximately $10,000,000.00 for the construction of State Ports. However, the State Supreme Court promptly held that this was unconstitutional.

The budget bill which I will submit to you is the bill that was formulated before my father's death, however, I have given considerable consideration to the items included in the bill, and I will proceed to outline the contents so that you may be familiar with the proposed legislation.

It has been found that in order to assure protection to the financial structure of the State and in view of the program adopted as the Democratic platform, that this bill he submitted to you, divided into two sections.

The first section of the bill carries the proposed appropnations as are now in force and effect and which were overwhelmingly approved by you in 1943 and in January 1946.

This portion of the bill is that part which can he paid from the present revenue and does not carry the 50% increase in teachers' salaries nor the expanded program.

Let us discuss first the portion of the hill dealing with the present situation and within the present income.

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121

It is quite apparent that the State's income for this particularly given year will be around $85,000,000.00, however, your State Auditor who has the facts and figures from which estimates are made, does not recommend that the appropriations be made for an amount in excess of $78,375,000.00 on the present revenue.
If the appropriations are to be paid in full, four years from now as well as this given year, it is his contention that the revenue of the State with the present laws, has reached its peak, and that because of economic conditions there will be a decline within the four-year period. This I agree with and I ask that the General Assembly do not pass appropriations which cannot be paid for four years from now as well as this given year.
In my opinion it will be much better to stay within the income and in position to absorb any tax loss rather than be forced to curtail the services of the State which are authorized at this session of the General Assembly.
It will be much better to operate the State within the income with the possibility that tax reductions can be given the people if a surplus is created, rather than operating on a deficit basis.
The appropriations that I am proposing in this first part of the budget bill which does not include the 50% teachers' salary increase nor the other items of the expanded program total $77,302,538.03, which is exactly the amount of the present budget which is now in effect.
Knowing that in 1942 the operations of the State Government were held to a minimum and the year that my late father was unable to carry on the services to which the people were entitled because of the tremendous debt that was confronting him, causing him to have to liquidate within two years $27,000,000.00 of State obligations.
Exclusive of the obligations paid, the budget of the State in 1942 was $41,017,766.25 and to satisfy myself, I have checked where the additional money has been appropriated as between the present budget of $77,000,000.00 as compared to the $41,000,000.00.
I find that $11,483,000.00 of the increase has been for educational purposes, and there can be no complaint on this as the Democratic platform recognizes increased appro priation already allowed and recommends the expanded program which includes $16,522. 025.00 more appropriations.
I also find that $4,144,000.00 was for public -health and welfare services against which there can be no complaint, as there is likewise the recognition that this amount has been provided and that additional funds are needed for this purpose.
There has been in the four-year period a $12,593,000.00 increase in money for public roads and I wish to call your attention to the fact that in 1942 very little money could be provided for roads because of the liquidation of debts. I find that instead of having to match approximately $$000,000.00 each year in Federal funds as in 1942, the State now has to match $11,581,000.00 if it is to receive full benefit of the contributions from the Federal Government and that it is necessary to provide $5,000,000.00 a year for the mainte nance of roads instead of what used to be approximately $2,000,000.00. I also find that additional moneys have been made available by the General Assembly for payment to the counties for maintenance of roads. As I can see it, there is no complaint on these items of budget. In fact, we should make full use of the Federal funds and since no money is provided for roads on which no Federal funds are available, additional money should be provided for this purpose.
The budget bill which is being submitted to you carries, as previously authorized, $3,950,000.00 more for institutions than was provided in 1942 and I find that in the

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wisdom of the General Assembly you authorized this additional money principally for the expanded program of tuberculosis hospital work, the annual improvement fund as recommended by your Committee, and funds to meet the increased cost because of economic conditions of the other institutions.

Taking all of the items that have been cited, for State Institutions, education, public health and welfare and roads, you have absorbed $68,952,000.00 of the $77.302,000.00 regular budget, which leaves only $8,349,000.00 to operate all other activities of the State Government including the Courts, the Revenue Department, the Public Welfare Department, the Legislative Department, the Public Safety Department and all similar activities.

If you in your wisdom see fit to enact the appropriations as outlined in the budget bill, I assure you that I will make every effort possible to eliminate any unnecessary items of cost so that there will be a savings in the operations, if possible.

As to the passage of this part of the budget bill which does not contain items for the 50'7o teachers' salary increase and the other items of the expanded program, I most urgently request that recognition be given to the fact that the proposed appropriations have been made after serious study of the previous years' appropriations, together with the services authorized by law' to be rendered by use of the appropriations.

Yon need have no fear that the State will be thrown in debt under the provlSions of the proposed budget bill. To strengthen this, we have the provision of the 1943 Act which is continued in force and effect by the 1945 Constitution, which reads as follows: "No payment shall be made and no obligation shall be incurred against any fund, allotment, or appropriation made in this Act unless same has been included in the budget of the respective Agency and approved as provided by law. Every expenditure or obligation authorized or incurred in violation of the provisions of this section shall be void. Ewry payment made in violation of the provisions of this section shall be deemed illegal and every official authorizing or making such payment or taking part therein, and every person receiving such payment or any part thereof, shall be jointly and severally liable to the State for the full amount so paid or received."

It is a sovereign right of the General Assembly of Georgia to enact appropnatwns in any manner that they see fit, howner, I most urgently beseech you Senators and Representatives to give serious consideration to the passage of the first part of this bill as submitted, which has been based on considerable study.

If this portion of the budget bill is enacted into the law, I will assume full responsi bility for the successful financial operation of the State within the scope outlined in the first part of this bill, which does not inciude the 50'7o teachers' salary increase and the other items of the expanded program endorsed by the party platform.

EXPANDED PROGRAM
Now we come to that part of the Act which deals with the 50o/o teachers' salary increase and the other items of the expanded program. The payment of these appropriations is entirely contingent on whether or not additional funds are made available with which to pay the items.
Under Section 54 of the proposed bill are carried the items of expansion in services to the people, which will greatly benefit the average size county of the State, as each will receive a great deal more benefits than the cost will be to the taxpayers of the counties.

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These appropnatwns are made on a contingent basis because it would be utterly foolish to say that these appropriations could be paid in full immediately upon passage.

Even if tax measures are passed to finance the program in full, whatever tax measure is passed will not immediately produce sufficient funds to pay the program, therefore, it is absolutely essential that these items be made on a contingent basis so that the budget authorities can gradually put them into force and effect as funds become available.

This expanded program is the program that my father campaigned on, knowing that the rural counties of the State and the citizens therein were entitled to more and better services from the government of the State. It was his thought and desire to provide proper education for our children, to make medical care more easily available to our citizens, to make some effort to provide better rural roads and to aid the old-age benefits, the blind and dependent children.

The Democratic Convention at Macon wholeheartedly endorsed this program and it now falls my lot to carry through with the program as I know my father would have me do.

The first item of the expanded program is the $14,372,025.00 for common schools which will take care of the needs of the schools and provide the money to carry on the 50% teacher salary raise, which has been carried on out of surplus funds accrued during the war, and which have now been exhausted. Since the January 1946 session of the General Assembly had already provided for a program which would utilize the available State funds before the teacher salary situation developed, it is absolutely essential that some action be taken immediately to provide income of the State to pay this item, as the State Auditor has for this three months utilized practically all the funds provided for education in order to carry on the teachers' salaries until the Legislature could take some action.

The second item included in the commitment to the educational groups is the $1,000, 000.00 each year for grants to counties for school building equalization funds to be utilized for the local communities where they have exhausted all moneys through bond issues, etc.. in providing proper school facilities for our children.

Another item of education is the additional $600,000.00 for an improvement fund at the branches of the University System which is essential at this time in order to take care of the load of students caused by the education of the veterans.

Another item of increased aid is the $550,000.00 for the State's contribution to the Teacher Retirement Fund which will be caused by the increase in teachers' salaries.
Thus in the expanded program are the educational items which will alone require additional revenues of $16,522,025.00.
In the main part of the proposed bill is provided the money for roads to match in full the Federal Aid which is available to the State. However, nothing is provided for construction of strictly 100% financed rural roads such as post-roads, school bus routes, farm-to-market roads and rural route roads. I believe that it is absolutely essential that some relief be provided to our people who are served by such roads and therefore, in line with the program which has been endorsed by the Democratic Convention, $7,500,000.00 is included for this purpose.
Since the State has acquired Battey Hospital at Rome there are facilities to treat 3,000 citizens of Georgia, who have, from no fault of their own, contracted tuberculosis. The present provision for tuberculosis work at the hospital as authorized by ti>_, 1946 session

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of the General Assembly will provide funds to operate 1,200 beds, and I am convinced that if this State is to get this disease under control, we should make every effort to operate the 3,000 beds for this purpose. Therefore, an additional $1,500,000.00 is recom mended for this purpose.

My father's campaign over the State and the Democratic Convention endorsed all efforts to provide hospital facilities for our rural communities. There is no reason whatsoever for the State not providing such health facilities which will be in easy reach of our citizens in the sparsely populated areas. Since by the "Hill-Burton" Act of Congress provision has been made to allot to the State $3,000,000.00 each year as one-third of the cost of establishing such facilities, it is believed and recommended that the State should aid the local communities by giving financial support of one-third, thus leaving for the local communities the additional one-third with which to finance the program.

I would like to assure and urge that these hospital facilities be of a local nature, controlled locally and only supervised by the Health Department of the State to the , extent that the services can be coordinated so that all citizens in every section of the State wi11 have available a high type of treatment in an effort to raise the health standard of all of our citizens. Therefore, to carry out this program the $3,000,000.00 each year is proposed.

Since the Public Assistance Program has been expanded in its scope by the Federal Government and knowing as I do that there are persons in the counties who are entitled to this assistance who have been unable to be placed on the rolls, $3,000,000.00 is proposed for this purpose with the specific stipulation that none of the funds can be expended for administrative purposes.

The only other two items in the expanded program are the $250,000.00 additional funds to aid in promoting expanded farmer-to-market facilities and the $150,000.00 for expanding the facilities for conservation of forest areas.

This expanded program as outlined to you carries a total of $31,922,025.00 and if you desire that these services as enumerated be given to your people, it is absolutely essential that sufficient funds be raised in addition to the present moneys available, if the program is to be carried out over a four-year period.
I would like to call your attention again to the fact that even though you were to pass tax laws today that would raise $32,000,000.00 per year, this program could not be put immediately into force and effect and the various items would have to be made effective as the collections on such tax measures become more efficient.

The present budget of the State together with the program as outlined, will make a total annual budget for the State of $109,224,563.03 and I would again like to call your attention to the fact that the present budget of $77,302,000.00 is all that can be safely financed out of the present income.

Even though the income of the State as of today is $85,000,000.00, the State Auditor, in view of the economic conditions which are apparently in the making, cannot recommend that in the next four years the income will be in excess of an average of $78,375,000.00.

Numerous tax measures have already been introduced in the House of Representatives. Several more tax proposals probably will be introduced. I wish that you would give all of these measures serious study and keep in mind what is best for the State and majority of the people in the State. I do not wish to attempt to evade my responsibility for urging upon you increased revenue. At a later date, I wish to appear, either personally before

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you again or to advise with your finance committee on what revenue measures would be for the best interest of the State. It is my purpose to cooperate with the General Assembly of Georgia on this matter and I shall work with you and your Committee to evolve a tax program that will carry out the pledges of my father and the Democratic party and yet not be too great a burden on the taxpayers of this State.

It is recommended that you review the expenditures presently being made by the State Government on agencies and bureaus that may be rendering little or no services to the State of Georgia. If in your wisdom you find some Board and Bureaus that can be discontinued and result in a Sl!Ving to the taxpayers of this State, these Agencies and Boards should be abolished immediately.

If you desire these additional services for your people, be sure before you finish consideration on revenue measures that you have provided sufficient funds to pay for the services, as the fiscal officers of the State will be limited in carrying out the program to the amount of funds made available.

With this ladies and gentlemen, I place the program for the people in your hands and I will aid and abet you in every way possible in creating a sound program for the good of the people of Georgia.
Respectfully submitted,
Herman E. Talmadge, Governor

Under the regular order of business, the following Bill of the Honse was taken up for consideration and read the third time:
HB 21. By Mr. Crowe of Worth:
A bill to be entitled an Act to make appropriations for the operation of the State Government, and for other purposes.
Mr. Elliott of Muscogee moYed that the House do now adjourn until Monday morning January 27, 1947, at 10:00 o'clock, and the motion prevailed.
Leave of absence was granted to Mr. Nicholson of Oconee for Monday, January 27, 1947.
The Speaker announced the House adjourned until 10:00 o'clock Monday morning, January 27, 1947, and House Bill No. 21 went over until that date under the order of unfinished business.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Monday, January 27, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by Rev. C. M. Ledbetter of Wheeler County.

The call of the roll was dispensed with.

Mr. Ray of Warren, Acting Chairman of the Committee on Journals, reported that the

Journal of last Thursday's proceedings had been read and found correct.

The reading of the Journal was dispensed with.

The Journal. was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House. 2. First reading and reference of 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 intro duced, read the first time, and referred to the Committees:
HB 75. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A Bill to be entitled an Act to provide for administration upon the estates of persons who are missing, and for the probate of the wills of such persons; for the giving of notice of applications for administration or probate to such missing persons, and for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 76. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Bntts:
A Bill to be entitled 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 property of the estate of such missing person in the event that he should reappear, and for other purposes.
Referred to the Committee on General Judiciary No. 2.

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127

HB 77. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts.
A Bill to be entitled an Act to provide a limitation on the time during which an application for a year's support or an additional year's support may be filed; to provide for the continuance and completion of the proceedings for a year's support in the event of the death or disability of the applicant after such application has been filed; and for other purposes.

Referred to the Committee on General Judiciary No.2.

HB 78. By Messrs. Gowen of Glynn, Sabados of Dougherty and Harrison of Jenkins:
A Bill to be entitled an Act to repeal Section 64-208 of the Code of Georgia of 1933, which reads: "The question of who is the lawful Governor of this State may not be tried by quo warranto"; to repeal Section 64-209 of the Code of Georgia of 1933. which reads: "The writ of quo warranto will not lie to the duly inaugurated Governor, but it does lie to all other civil or military officers."; and for other purposes.
Referred to the Committee on State of Republic.

HB 79. By Mr. Davis of Bartow:
A Bill to be entitled an Act to amend code section 68-307 of the Code of Georgia of 1933, to make it unlawful for any person to operate any motor vehicle or motorcycle upon any private way, private street, or on any private property, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 80. By Messrs. Smith and Reid of Carroll:
A Bill to be entitled an Act to amend Section 24-820 of the Code of 1933 by striking the entire Section and adding in lieu thereof, a new section and increasing the fees of the constables of the militia districts.
Referred to the Committee on Special Judiciary.

HB 81. By Mr. Johnsen of Bulloch:
A Bill to be entitled an Act to establish a standard of efficiency and character for shorthand reporters in this State; to establish a board for the examination of shorthand reporters; and for other purposes.
Referred to the Committee on General Judiciary No. I.

HB 82. By Mr. Ray of Warren: A Bill to be entitled an Act to amend an Act incorporating the City of Warrenton, Georgia, and for other purposes.
Ref{,rred to the Committee on Municipal Government.

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HB 83. By Mr. Hand of Mitchell:

A Bill to be entitled an Act to conserve and promote the prosperity and welfare of the persons engaged in agricultural production and distribution and industries related thereto of the State of Georgia, directing the commissioner of agriculture in cooperation with the Governor of Georgia to form the Georgia Agricultural Development Commission, and for other purposes.

Referred. to the Committee on Ways and Means.

HR 24-83A. By Mr. Morris of Richmond:
A Resolution proposing to the qualified voters of the State, for ratification or rejection, an amendment to Section I of Article II of the Constitution of Georgia so as to strike out the provisions whereby citizens not of good character or not understanding the duties and obligations of citizenship under a republican form of government can nevertheless qualify as voters by reading and writing or, if physically disabled, reasonably interpreting a paragraph of the Constitution of the United States or of this State; and for other purposes.
Referred to the Committee on Amendments to Constitution No. I.

HB 84. By Messrs. Wilson. Kemper and Vandiver of Bibb, and Holleman of Muscogee:
A Bill to be entitled an Act to authorize and empower the counties of this State to carry suitable insurance on any or all automotive vehicles owned and operated by the county; to pay premiums therefor; and for other purposes.
Referred to the Committee on Insurance.

HB 85. By Messrs. Wilson, Kemper, Vandiver of Bibb and Holleman of Muscogee:
A Bill to be entitled an Act authorizing the counties of this State to sue and be sued in the Courts of this State for damages, personal or property, arising out of or in connection with the operation of county-owned automotive vehicles when such vehicle is being used in the normal course of business of the county and, for other purposes.
Referred to Committee on Motor Vehicles.

HB 86. By Messrs. Wells of Clarke and Cheek of Franklin: A Bill to be entitled an Act to amend the Public Safety Act so as to increase the issuance of two-year licenses to five-year licenses, and for other purposes.
Referred to the Committee on Public Highways No.1.

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129

HB 87. By Messrs. Wells and Joel of Oarke:

A Bill to be entitled an Act to repeal an Act approved February 16, 1943, entitled,

"An Act to require all candidates for the General Assembly in counties having a

population between 28,398 and 28,420 to designate and qualify for the seats in

the General Assembly from all such counties and to name their incumbent oppo-

nents," and for other purposes.

Referred to the Committee on Counties and County Matters.
I

HB 88. By Messrs. Wells and Joel of Clarke:
A Bill to be entitled an Act to amend an Act entitled, "An Act to amend the charter of the Town of Athens and the various acts amendatory thereof, specifically Sections 3 and 4 thereof, by striking from said Section 3 the words "nine" and "four" in Line 7, Section 3, Page 128, Georgia Laws 1872, and by inserting therein in lieu of the, etc., and for other purposes.
Referred to the Committee on Municipal Government.

Mr. Vickers of Coffee County, Chairman of the Committee on Public Property, submitted the following report:

Mr. Speaker:
Your Committee on Public Property has had under consideration the following Reselution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HR 8-3a. Do Pass.

Respectfully submitted, Vickers of Coffee, Chairman.

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

HR 8-3a. By Mr. Greene of Crisp:
A Resolution to reconvey 18 acres of land to Crisp County, formerly conveyed to the State for a Farmers' Market Site, and for other purposes.

Mr. Causey of Bacon moved that the following Bill of the House he recommitted to the Committee on General Judiciary No.2:
HB 4. By Mr. Causey of Bacon:
A Bill to be entitled an Act to amend the Code of Georgia in reference to the. selection of Grand and Traverse Jurors, and for other purposes.
The motion prevailed, and the bill was recommitted to the Committee on General - Judiciary No. 2.

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The following Bill of the House was again taken up for consideration:

HB 13. By .Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, Bradley of Tattnall, and many others:
A Bill to be entitled an Act to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections by any political party, organization, or association for the purpose of choosing or selecting candidates for office or delegates to conventions, and for other purposes.

The following Resolution of the House was read:
HR 25. By Messrs. Reid of Carroll, Gibson of Seminole, Nee! of Thomas, and Kenyon of Hall:
A RESOLUTION
Be lt Resolved by the House of Representatives, the Senate concurring, that the General Assembly adjourn and recess from this date to reconvene on Monday morning, April 7, 1947, at 10 o'clock A. M.
Be It Further Resolved by the House of Representatives, the Senate concurring, that "the speaker of the House appoint a committee of seven and the president of the Senate a committee of five, for the purpose of constituting a joint com mittee from the Assembly, to study the pending white primary bill, the laws of other States that have white primaries, particularly South Carolina, Mississippi and Arkansas, and submit a special report of their recommendations," including a prepared substitute bill, providing for a white primary in Georgia, for the con sideration of the Assembly upon the date of its reconvening, and that the white primary bill, substitute, and report of the committee thereon, constitute the first and continuing order of business upon the reconvening of the Assembly until the matter is finally disposed of and a proper white primary bill enacted into law.
Be It Further Resolved by the House, the Senate concurring, "that said com mittee shall prepare a constitutional amendment and necessary enabling statutes to extend the county unit system to apply to general elections for State officials," and any other legislation necessary to preserve the county unit system.
Be It Further Resolved by the House of Representatives, the Senate con curring, "that a committee of seven from the House and five from the Senate be appointed by the speaker and president, respectively, to study the question of financing the expanded State services contemplated by the Democratic platform," and make specific recommendations thereon with special reference to additional available sources of revenue.

The following amendments to HR 25 were read:
Mr. Sabados of Dougherty moves to amend HR 25 by striking in their entirety. para graphs "two," "three," and "four," so that said resolution as amended shall read as follows:
"Be it resolved by the House of Representatives, the Senate concurring, that the General Assembly adjourn and recess from this date, to reconvene on Monday morning, April 7, 1947, at 10:00 o'clock A. M."

MONDAY, JANUARY 27, 1947

131

~lr. Durden of Dougherty moves to amend HR 25 by striking from the first paragraph the following words: '"from the date," and insert in lieu thereof the following words: "at 1:00 o'clock P. M., Tuesday, January 28th."

.\lr. Harrison of Wayne moved the previous question and the motion prevailed.

On the adoption of the amendment offered by Mr. Sabados of Dougherty to HR 25,

Mr. Sabados 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 Messrs.:

Adams of Polk Arnall Beddingfield Britton Brooke Bruton Caldwell Campbell Causey Cheshire Oaxton Covington Dobbs Dorsey Durden Etheridge of Fulton Evans Eve Evitt Freeman Garrison Gibbons Gibson Goldberg Gowen Greer Groover Hagan Hampton

Hardy Harrison of Jenkins Hefner Henderson Hicks Hinson Howard of DeKalb Hubert Hurt Ingle Jenkins Joel Jordan Kemper Kenimer Kenyon Key Knabb Lewis of Greene Littlejohn Long McWhorter Mallard Malone Mann of Henry Mason Massey Mathis Moore of Lumpkin

.\loore of Taliaferro Morgan :\forris .\foye of Washington Murphy Neel Nightingale Phillips Ramsay Reid Riddles purger Sabados Seagraves Skinner Smith of Chatham Smith of Clayton Smith of Fulton Swindle Towill Trulock Tuten Tuttle Vandiver Wells of Clarke Welsch Williams of Jones Williams of Ware Willingham Wilson

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JOURNAL OF THE HOUSE,

Those voting in the negative were Measra.:

Adams of Wheeler Addleton Anglin Ansley Avera Bagby Bargeron Barrett Battle Bennett Black Bloodworth Bostwick Bradley Briscee Byrd Callier Caswell Cates Chance Cheek Clark Cochran Conger Coogle Cowart Cox Crow of Walker Crowe of Worth Davis Dykes Edenfield Elliott Ellis Etheridge of Baker Flynt Fowler

Garland Garrard Garrett Gary Glisson Green of Rabun Greene of Crisp Hall Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Higgs Hill Hobby Holleman Howard of Dawson Huddleston J ennin~s of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jones Kendrick Kidd King Leverette Lewis of Hancock Lockett Lokey Lovett McCracken McMillan Mann of Rockdale Manous Mathews Meeks

Mitchell Miller Morrison Moye of Lamar Oden Overby Padgett Pearlman Pennington Pulliam Rainey Ramey Ray Rich Risner Rowland Rucker Salter Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Smith of Oglethorpe Stevens Thompson Twitty Vickers Walker Wells of Lincoln Whaley Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

Not voting were Messrs.: Adams of Towns, Chalker, Holbrook, Mavity, Nicholson and Watford.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the amendment offered by Mr. Sabados of Dougherty, the ayes
were 87, nays no.
The amendment was lost.

MONDAY, JANUARY 27, 1947

133

On the adoption of the amendment offered by Mr. Durden of Dougherty, the ayes were 41, nays 104, and the amendment was lost.

On the adoption of HR 25, Mr. Elliott of Muscogee moved the ayes and nays, and ;he call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Polk Arnall Beddingfield

Hampton Hardy Hefner

Britton

Henderson

Brooke Bruton Caldwell Campbell Causey Cheshire Claxton Covington Dobbs Dorsey Durden Etheridge of Fulton Evans Eve Evitt Freeman Garrison Gibbons Gibson Goldberg Gowen Greer Groover Hagan

Hicks Hinson Holbrook Hubert Hurt Ingle Jenkins Joel Jordan Kenimer Kenyon Key Knabb Lewis of Greene Littlejohn McWhorter Mallard Malone Mann of Henry Mason Massey Mathews Mathis Moore of Lumpkin

Moore of Taliaferro Morgan Morris Neel Nightingale Phillips Ramsay Reid Riddlespurger Sabados Seagraves Skinner Smith of Chatham Smith of Clayton Smith of Fulton Swindle Towill Trulock Tuten Tuttle Vandiver Wells of Clarke Welsch Williams of Ware Willingham Wilson

Those voting in the negative were Messrs.:

Adams of Wheeler Addleton Anglin Ansley Avera Bagby Bargeron Barrett Battle Bennett

Black Bloodworth Bostwick Bradley Briscoe Byrd Callier Caswell Cates Chalker

Chance Cheek Clark . Cochran Conger Coogle Cowart Cox Crow of Walker Crowe of Worth

134
Davis Dykes Edenfield Elliott Ellis Etheridge of Baker Flynt Fowler Garland Garrard Garrett Gary Glisson Green of Rabun Greene of Crisp Hall Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Higgs Hill Hobby Holleman Howard of Dawson Howard of DeKalb Huddleston Jennings of Baldwin

JOURNAL OF THE HOUSE,
Jennings of Sumter Johnston of Lowndes Jones Kemper Kendrick Kidd King Leverette Lewis of Hancock Lockett Lokey Lovett :\icCracken McMillan Mann of Rockdale Manous Meeks Mitchell Miller Morrison Moye of Lamar Moye of Washington Murphy Oden Overby Padgett Pearlman Pennington Pulliam

Rainey Ramey Ray Rich Risner Rowland Rucker Salter Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Smith of Oglethorpe Stevens Thompson Twitty Vickers Walker Wells of Lincoln Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

Not voting were Messrs.: Adams of Towns, Johnson of Bulloch, Long, Mavity, Nicholson and Walford.

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

On the adoption of the resolution, the ayes were 82, nays liS.

The resolution was lost.

Further consideration of HB 13 was resumed.

MONDAY, JANUARY 27, 1947

135

The following resolution of the House was read and adopted:

HR 26.

By Messrs. Bagby of Paulding, Greer of Lanier, Wilson, Kemper and Vandiver of Bibb, Hinson and Williams of Ware, Evitt of Catoosa, Fowler of Douglas, Flynt of Spalding, Key of Jasper, Smith of Emanuel, Ray of Warren, Hand of Mitchell, Adams and Hurt of Polk and Reid of Carroll:

Whereas, the friendly and beloved William E. (Billy) Dixon, former- chief reading clerk of the Georgia House of Representatives, has been claimed by death; now, therefore,

Be It Resolved, by the House of Representatives, that we mourn the passing of this outstanding young .Georgian who was greatly loved and respected by the members of the General Assembly.

Be It Further Resolved that we express to his bereaved family our sincere sympathy, and that the clerk of the House is hereby directed to spread a copy of these resolutions on the minutes, and to send a copy to the family of the deceased.

Mr. Crowe of Worth moved that the House do now adjourn until 10:00 o'clock tomor row morning, and the motion prevailed.

The speaker announced the House adjourned until 10:00 o'clock tomorrow morninp-, and HB 13 went over until that time under the order of unfinished business.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, January 28, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. C. M. Ledbetter of the Glenwood Methodist Church.
The call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reponed that the journal of yesterday's proceedings had been read and found correct.
The reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
I. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees: 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions.

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

HB 89. By Mr. Ingle of Gordon:

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 Gordon county, Georgia; to

provide for the election of such officer, prescribe his duties and powers; fix his

salary and terms of office, provide for the management of affairs of said county;

and for other purposes."

Referred to Committee on Counties and County Matters.

HB 90. By Mr. Beddingfield of Dooly:
A bill to be entitled an act to amend an act approved March 2, 1943 (Georgia Laws 1943, at pages 951-2) amending an act approved Aug. 13, 1929, entitled an act to amend an act approved Aug. 9, 1919, amending an act creating a board of commissioners of roads and revenues for the County of Dooly so that each road district shall nominate and elect its own commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.

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137

HB 91. By Mr. Lovett of Laurens:
A bill to be entitled an act to amend an act to create a new charter for the City of Dublin, in County of Laurens, approved March 31, 1937, Ga. Laws 1937, pp. 1771-1818, by repealing in its entirety section 5 of article 3 of said act and by enact ing in lieu thereof a new section to create a board of tax assessors in lieu of a tax commissioner; ami for other purposes.

Referred to Committee on Municipal Government.

HB 92. By Mr. Garrett of Brooks:
A bill to be entitled an act to authorize and direct the commiSSIOners of Brooks county, Georgia, or the governing authorities that may have charge of the fiscal affairs of said county, to pay compensation to any lawful or law enforcing officer who is or hereafter permanently disabled in line of duty the sum of $100.00 per month; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 93. By Mr. Hicks of Floyd:
A bill to be entitled an act to regulate the several branches of plumbing and heating in this State; to create a State plumbing and heating board, defining its yowers and duties; to define the terms master plumbers, journeyman plumbers, and the term master steam fitter and the term journeyman steam fitter, etc.; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 94. By Mr. Caldwell of Troup: A bill to be entitled an act fixing salary for solicitor general of Coweta circuit ; and for other purposes.
Referred to Committee on Special Judiciary.

HB 95. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend the charter of the mayor and council of the City of Athens, and acts amendatory thereof; to provide for the creation of a retirement fund for the payment of benefits to salaried employees of the water works department; salaried employees of the office of the city clerk including the city clerk, etc.; and for other purposes.
Referred to Committee on Municipal Government.

HB 96.

By Messrs. Hand of Mitchell, Smith and Edenfield of Emanuel, Ray of Warren, Garrard of Wilkes, Cheek of Franklin, Harrison of Jeff Davis, Byrd of Taylor, Briscoe of Walton, Lokey of McDuffie, Bargeron of Burke, Mitchell of Monroe, Phillips of Columbia, Johnson of Bulloch, McCracken of Jefferson and Kidd of Baldwin:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to effect a complete revision of all the laws of this State in any way dealing with the registration and qualification of voters; providing for a periodic {egistration and the annullment of all registrations hereto effected; and for other purposes_

Referred to Committee on State of Republic_

:Mr_ Ramey of Chattooga County, chairman of the Committee on Counties and County l\fatters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman; to report the same back to the House with the following reco111mendations:

HB I4. Do Pass. HB 6. Do Pass. HB 67. Do Pass. HB 68. Do Pass. HB 69. Do Pass. HB 63. Do Pass. HB 60. Do Pass.

Respectfully submitted,
Ramey of Chattooga, Chairman

Mr. Lewis of Hancock County, chairman of the Committee on General Judiciary No. I, submitted the following report:

:\Ir. Speaker:

Your Committee on General Judiciary No. I has had under consideration the following bill of the House and has instructed me, as chairman, to report the same bJick to the House with the following recommendations:

HB 53. Do Pass.

Respectfully submitted,

Lewis of Hancock Chairman

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139

Mr. Thompson of Meriwether County, chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 65. Do Pass. HB 64. Do Pass. HB 61. Do Pass. HB 47. Do Pass. HB 37. Do Pass. HB 51. Do Pass.

Respectfully submitted,
Thompson of Meriwether, Chairman

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

Mr. Speaker:
Y0111: Committee on State of the Republic has had under consideration the following
bills an~t;esolution of the House and has instructed me, as chairman, to report the same hack to ihe House with the following recommendations:

HR 20-13B. Do Pass. HB 50. Do Pass. HB 78. Do Not Pass.

Respectfully submitted,
McCracken of Jefferson, Chairman

By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
HB 6. By Mr. Yawn of Dodge: 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 Dodge county." And pertaining to appointment of certified public accountant; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 20-13b. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens and Lewis of Hancock:
A resolution providing for the operation of the affairs of the State of Georgia; and for other purposes.

HB 14.

By Mr. Bennett of Barrow:
'\
A bill to be entitled an act to abolish the office of the county treasurer of the County of Barrow; to provide for the creation of a depository for said county; to provi!fe the manner and authority by which said depository shall be designated and appointed, etc.; and for other purposes.

HB 37. By Messrs. Bargeron and Cates of Burke:
A bill to be entitled an act to amend the charter of the City of Waynesboro; and for other purposes.

HB 47. By Mr. Hall of Treutlen:
A bill to be entitled an act to amend an act of the General Assembly of the State of Georgia, approved August 17, 1920, entitled an act to incorporate the City of Soperton in the County of Treutlen, formerly Montgomery county; Georgia, to define the corporate limits of the City of Soperton; and for other purposes.

HB 50. By Messrs. Jennings and Kidd of Baldwin:
A bill to be entitled an act to repeal an act approved March 18, 1943, creating the State board of social security (Georgia Laws 1943, pp. 202, 204); to repeal an act approved March 6, 1947, authorizing the Governor to fix the compensation of the director of the State board of social security (Georgia Laws 1945, p. 208) ; and for other purposes.

HB 51. By Messrs. Eve, Morris and Towill of Richmond:
A bill to be entitled an act to provide a charter for the City of Augusta; amending an act assented to January 31, 1798, ~titled "an act to incorporate Augusta and improve the public roads in the neighborhood thereof'; and for other purposes.

HB 53. By Messrs. Davis of Bartow and Garland of Butts:
A bill to be entitled an act to amend section 68-803 of the Code of Georgia of 1933. To provide for jurisdiction of the courts of this State over non-resident mo!orists using the highways of this State; and for other purposes.

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141

HB 60. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to amend an act entitled an act to amend an act to abolish the justice courts, and office of the justice of the peace and office of notary public, etc., and to establisll and create in lieu thereof a municipal court in and for the City of Columbus; and for other purposes.

HB61. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city; and for other purposes.
HB 63. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to amend section 21-204 of the Code of Georgia of 1933 so as to provide for the appointment by the coroner of a deputy coroner in counties having a population of not less than 75,484 persons and not more than 75,504 persons, according to the United States census of 1940, or any future United States census; and for other purposes.
HB 64. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act amending the charter of the City of Columbus, Geor gia, so as to empower said city to assist its employees and officers, and member& of certain city administrative boards, including family dependents, in securing and maintaining policies of hospitalization insurance, which policies may include other incidental benefits; authorizing appropriations by the city therefor; and for other purposes.
HB 65. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to amend an act entitled an act to authorize the City of Columbus to sell and convey any part or all of the tract of land in said city known as "Motts Green"; and for other purposes.

HB67. By Messrs. Eve, Morris and Towill of Richmond:
A bill to be entitled an act to abolish in the counties of this State having a population of between 81,000 and 82,000 according to the United States census of 1940, or any future United States CP.nsus, the board of county registrars; and for other purposes.

HB68. By Messrs. Eve, Morris and Towill of Richmond:
A bill to be entitled an act to prohibit and to regulate within the territorial limits of any county in the State having a population of between 81,000 and 82,000 according to the U. S. census of 1940, or by any future United States census, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 69. By Messrs. Eve, Morris and Towill of Richmond:
A bill to be entitled an act providing, for counties. having a population between 81,000 and 82,000 under the 1940 United States census or any subsequent census, a county planning and zoning commission and a county board of zoning appeals, and providing for their creation, organization, functions and powers, and for the planning and zoning of said counties; repealing or superseding conflicting acts and parts of acts; and for other purposes.

At the request of Mr. Gowen of Glynn, the following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the committee:
HB 78. By Messrs. Gowen of Glynn, Sabados of Dougherty and Harrison of Jenkins:
A bill to be entitled an act to repeal section 64-208 of the Code of Georgia of 1933, which reads: "The question of who is the lawful Governor of this State may not be tried by quo warranto"; and for other purposes.

By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
HB 5. By Messrs. Jennings and Kidd of Baldwin:
A bill to be entitled an act to amend an act providing for the election of a board of county commissioners by the people of Baldwin 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 10. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A bill to be entitled an act to provide a permanent pension and retirement plan for county employees of 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 15. By Messrs. Hurt and Adams of Polk:
A bill to be entitled an act to repeal an act incorporating the Town of VanWert; and for other purposes.

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143

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

On the passage of the bill, the ayes were 105, nays 0.

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

HB 16. By :\<lr. Cheek of Franklin: A bill to be entitled an act to create the office of commissioner of roads and reve nues 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 22. By Messrs. Nightingale and Gowen of Glynn: A bill to be entitled an act to amend the charter of the City of Brunswick; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 23. By Messrs. Johnson and Mallard of Bulloch: A bill to be entitled an act to amend an act creating the city court of Statesboro; and for other purposes.
The report 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 24. By Messrs. Johnson and Mallard of Bulloch:
A bill to be entitled an act to amend an act creating the board of county commissioners for Bulloch 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 108, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 25. By Messrs. Johnson and Mallard of Bulloch: A bill to be entitled an act to amend an act to abolish the offices of tax receiver and tax collector of Bulloch 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 30. By Mr. Lovett of Laurens: A bill to be entitled an act to place the sheriff and his deputies and the clerk of the superior court of Laurens county and his deputies on a salary basis; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 31. By Messrs. Holleman, Shields and Elliott of Muscogee: A bill to be entitled an act to amend a11 act to combine the department of health of the City of Columbus with the department of health of Muscogee county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 39. By Messrs. Johnson and Mallard of Bulloch: A bill to be entitled an act to amend the charter of the City of Statesboro; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, JANUARY 28, 1947

145

The following message was recelved 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 4. By Senator Weaver of the 51st:
A bill to be entitled an act to provide for the relinquishment by the State of the areas leading from the original corporate boundaries of the City of Macon to the tep-acre lots of the Macon Reserve west of the Ocmulgee river and lying between the four-acre lots of said Macon Reserve, to state the purposes of this act; and for other purposes.

Under the order of unfinished business, the following bill of the House was again taken up for consideration:
HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, Bradley of Tattnall, and many others:
A bill to be entitled an act to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections by any political party, organization or association; and for other purposes.
By unanimous consent, the House agreed to consider the bill section by section.
Section 1 of the bill was adopted.
Section 2 of the bill was read.

The following amendment to section 2 was read:

Mr. Gowen of Glynn moves to amend HB 13 as follows:
By striking from section 2, sub-paragraph 2, the following: "Provided that no person shall be qualified to vote at any election unless he shall have paid all poll taxes due at least six months before the same, except when said election is held within six months from the expiration of the time fixed by law for the payment of said taxes."

On the adoption of the amendment to section 2, the ayes were 56, nays 88.

'

The amendment was lost.

Section 2 was adopted.

An amendment offered by Mr. Gowen of Glynn to section 3 was withdrawn.

Section 3 was adopted.

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JOURNAL OF THE HOUSE,

An amendment offered by Mr. Gowen of Glynn to section 4 was withdrawn.

Section 4 was adopted.

Sections 5 and 6 were adopted.

The following amendment was read and adopted:
.Mr. .Mathews of Peach moves to amend HB 13 by adding thereto another section as follows:
SECTION 6-A
The Code of Georgia is hereby amended as follows:
I. By striking therefrom, in its entirety, section 34-1904, which reads as follows:
In all elections, other than primary elections, held under the auspices of a political party, it shall be the duty of the ordinary to provide and furnish, at the expense of the county, and in case of purely municipal elections, at the expense of the municipality, official ballots for all such elections, having printed thereon, in separate columns, the names of the candidates of each political party, designat ing the names of the political party to which they belong; and also the names of any other candidates for the office to be filled at said election, and in case of election for President and Vice-President of the United States, the names of the candidates for such offices may be added with the electors and party designation: provided, however, it shall not be the duty of said officers to place the names of any candidates on said official ballots unless notice of the candidacy shall be given in the following manner to wit: all candidates for national and State offices, or the proper authorities of the political party nominating them, shall file notice of their candidacy, giving the names and the offices for which they are candidates, with the Secretary of State, at least 30 days prior to the regular election, except in cases where a second primary election is necessary; provided, further, that such candidate shall also file a petition for that purpose signed by not less than five per cent of the registered voters in that territory or that such political party shall have cast no less than five per cent of the votes in the last general election next preceding for the election of such officer; but nothing in this proviso shall be construed as applying to special elections. The names of such candidates shall be filed with the Secretary of State as soon as possible after the determination of the result of said second primary. All candidates for district and county offices, either by themselves or by the proper authorities of the party nominating them shall file notice of their candidacy with the ordinary of the county at least 15 days before the regular election; and all candidates for municipal offices shall file notice of their candidacy, either by themselves or by the proper authorities of the party nominating them, with the mayor or other chief executive officer of the municipality, at least 15 days before the regular election. In the event of the resignation or death of any nominee of any political party prior to the regular election, at which the name of said nominee is to appear on the official ballot, said vacancy in nomination shall he filled in such manner as may he determined by the proper authorities of such party. Said officers shall also have printed on said ballots such language as may he necessary for the voters to express their

TUESDAY, JANUARY 28, 1947

147

desires as to any question or matter which may be submitted at any such election, In all other particulars said ballots shall be arranged, printed, and prepared for regular elections as provided in section 34-1903,

2. By inserting and adopting in lieu thereof a new section 34-1904, to read as follows:
34-1904. Ballots in elections other than primary elections. In all elections other than primary elections held under the auspices of a political party, it shall be the duty of the ordinary to provide and furnish, at the expense of the county, and in case of purely municipal elections, at the expense of the municipality, official ballots for all such elections, having printed thereon, in separate columns, the names of the candidates of each political party, designating the names of the political party to which they belong; and also the names of any other candidates for the offices to be filled at said election; and in case of election for President and Vice President of the United States, the names of the candidates for such offices may be added with the electors and party designation: Provided, however, it shall not be the duty of said officers to place the names of any candidates on said official ballots unless notice of the candidacy shall be given in the following manner, to wit: All candidates for national and State offices, or the. proper authorities of the political party nominating them, shall file notice of their candidacy, giving their names and the offices for which they are candidates, with the Secretary of State at least 30 days prior to the regular election, except in cases where a second primary election is necessary. The names of such candidates shall be filed with the Secretary of State as soon as possible after the determination of the result of said second primary. All candidates for district and county offices, either by themselves or by the proper authorities of the party nominating them, shall file notice of their candidacy with the ordinary of the county at least 15 days before the regular election; and all candidates for municipal offices shall file notice of their candidacy either by themselves or by the proper authorities of the party nominating them, with the mayor or other chief executive officer of the municipality at least 15 days before the regular election. In the event of the resignation or death of any nominee of any political party prior to the regular election, at which the name of said nominee is to appear on the official ballot, said vacancy in nomination shall be filled in such manner ae may be determined by the proper authorities of such party. Said officers shall also have printed on said ballots such language as may be necessary for the voters to express their desires as to any question or matter which may be submitted at any such election. In all other particulars said ballots shall be arranged, printed, and prepared for regular elections as provided in section 34-1903.
Sections 7, 8, and 9 were adopted.
Mr. Crowe of Worth moved that the House recess for 30 minutes.
Mr. Willingham of Cobb moved that the House do now adjourn.
On the motion to adjourn, the ayes were 63, nays 71.
The motion was lost.
Mr. Willoughby of Clinch 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.

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The speaker called the House to order. Further consideration of HB 13 was resumed. Section 10 of HB 13 was adopted.

2:00 o'clock P. M.

The following amendment was read and adopted:
Mr. Elliott of Muscogee moves to amend HB 13 by inserting a new section therein to be known as section lOA and to read as follows:

SECTION lOA
The Code of Georgia is hereby amended as follows:
(1) By striking therefrom in its entirety section 34-2002 which reads as follows:
"34-2002. (93) When candidate shall not be declared the nominee.-No person violating the provisions of the preceding section shall be declared the nominee of the party."
Sections 11 through 22 were adopted.
Mr. Kenyon of Hall moved that the House reconsider its action in adopting section 22.
On the motion to reconsider, Mr. Harrison of Jenkins moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Avera Bagby Battle Bloodworth Bruton Caldwell Causey Claxton Covington Dobbs Dorsey Evans Eve Evitt Fowler Garrison Gibson Goldberg Gowen Green of Rabun

Greer Groover Hardy Harrison of Jenkins Hinson Holbrook Howard of DeKalb Hubert Jordan Kemper Kenimer Kenyon Key King Lewis of Greene Littlejohn McWhorter Mallard Mathis Moore of Lumpkin

Moore of Taliaferro Morgan Morris Neel Nightingale Overby Ramsay Reid Sabados Smith of Clayton Smith of Fulton Swindle Towill Tuten Vandiver Welsch Williams of Ware Willingham Wilson

TUESDAY, JANUARY 28, 1947

149

Those voting ill the negative were Messrs.: .

Adams of Towns Adams of Wheeler Addle ton Anglin Ansley Bargeron Barrett Beddingfield Bennett Black Bostwick Bradley Briscoe Britton Brooke Byrd Callier Campbell Caswell Cates Chalker Chance Cheek Cheshire Cochran Conger Coogle Cowart Cox Crowe of Worth Davis Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Flynt Freeman

Garrard Garrett Gary Gibbons Glisson Greene of Crisp Hall Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Henderson Higgs Hill Hobby Holleman Huddleston Ingle Jenkins Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jones Kendrick Kidd Leverette Lewis of Hancock Lockett Lokey Long Lovett McCracken McMillan Mann of Henry Mann of Rockdale Manous Meeks Mitchell

Miller Morrison Moye of Lamar Murphy Nicholson Padgett Pulliam Rainey Ramey Ray Riddlespurger Rich Risner Rowland Rucker Salter Seagraves Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Smith of Oglethorpe Stevens Thompson Trulock Twitty Tuttle Vickers Walker Watford Wells of Lincoln Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

Not voting were Messrs.: Adams of Polk, Arnall, Clark, Crow of Walker, Durden, Garland, Hagan, Hampton, Hefner, Hicks, Howard of Dawson, Hurt, Joel, Knabb, Malone, Mason, Massey, Mathews, Mavity, Moye of Washington, Oden, Pearlman, Pennington, Phillips, Skinner, Smith of Chatham and Wells of Clarke.

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

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On the motion to reconsider, the ayes were 59, nays 117.

The motion to reconsider was lost.

Mr. Morris of Richmond moved that the House do now adjourn.

On the motion to adjourn, the ayes were 55, nays 96.

The motion to adjourn was lost.

Sections 23 through 33 were adopted.

An amendment offered by :\fr. Gowen of Glynn to section 34 was withdrawn.

Section 34 was adopted.

Sections 35, 36, and 37 were adopted.

The following amendments were read and adopted:
Mr. Elliott of Muscogee moves to amend HB 13 by striking therefrom section 38 in its entirety and inserting in lieu thereof a new section 38 to read as follows:
SECTION 38
That an act entitled "An act to amend section 34-406 of the Code of Georgia of 1933 pertaining to registered voters lists and to prescribe the duties of the clerks of the superior court, board of county registrars; and for other purposes" approved March 18, 1943, appearing on pages 353 and 354 of the acts of 1943 be and the same is hereby amended by adding at the end thereof a new section to be known as section 4 and to read as follows:
Section 4. Nothing contained in this act shall apply to primary elections held by political parties.
Mr. Elliott of Muscogee moves to amend HB 13 by striking therefrom section 39 in its entirety and substituting in lieu thereof a new section 39 to read as follows:
SECTION 39
That an act entitled "An act to amend chapter 34-19 of the Code of Georgia of 1933 relating to elections by providing a new system of voting cumulative of those now in existence and providing further for a secret ballot in all primary and general .elections in the State of Georgia; the qualifications of candidates; and providing that the provisions of this act shall be adopted upon the recommendation of one grand jury; to provide for the discontinuance of the provisions of this act upon the recommendation of one grand jury; to provide for certain duties of the election manager when a ballot has been challenged, and further providing that the number strip shall not be removed from the challenged ballot; to repeal conflicting laws; and for other purposes" approved March 12, 1941, and

TUESDAY, JANUARY 28, 1947

1S1

appearing on pages 324, 32S, 326 and 327 of the acts of 1941, be and the same is hereby amended by adding thereto a new section to be known as section 4A and to read as follows:
Section 4A, Nothing contained in this act shall apply to primary elections held by political parties,

Mr. Elliott of Muscogee moves to amend HB 13 by striking therefrom section 40 in its entirety and inserting in lieu thereof a new section 40 to read as follows:

SECTION 40
That an act entitled "An act to provide for the identification of the voters in all primary elections and elections by ballot within this State, by requiring each voter applying to vote, before receiving a ballot and being allowed to vote to sign his or her name in a book to be kept by the managers of each box in said primary elections or elections to be known as 'voters identification book'; to require the ordinaries of the several counties in this State to furnish a sufficient number of such books to the election managers in their respective counties sufficient to accommodate the signing by all the registered voters entitled to vote at such box; to provide for the filing and custody of said 'voters identification book'; to declare the signing of any other name in said book than the name of the applicant to vote, whether the name be that of a living or deceased person or a fictitious one, to be held and deemed to be forgery and fix the punishment therefor; and for other purposes." approved March 27, 1941, and appearing on pages 429, 430, and 431 of the Acts of 1941, be and the same is hereby amended by adding thereto a new section to be known as section SA and to read as follows:
-. Section SA. No provision of this act shall apply in any manner to primary elections held by political parties.
Messrs. Etheridge, Kendrick and Smith of Fulton move to amend HB 13 by striking section 41 in its entirety and by adding thereto the following sections to be appropriately numbered:
SECTION-
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the act approved March 27, 1941 (Georgia Laws 1941, page 413), abolishing the board of registrars in any county in this state having a population of 200,000 or more and providing that in such counties the county tax collector or tax commissioner shall perform all the duties of county registrar, and providing a system of registration and revision of voters list in said counties, be and it is hereby amended as follows:
(1) By striking from the caption of the aforesaid bill the words "and of primary elections".
(2) By striking from section 14 of the aforesaid act the words "or primary election".
(3) By striking from section 17 of the aforesaid act the words "primary election or".
(4) By striking from section 18 of the aforesaid act the words "primary election or".

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JOURNAL OF THE HOUSE,

SECTION-
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the act approved March 20, 1943 (Georgia Laws 1943, page 518) amending the act approved March 27, 1941 (Georgia Laws 1941, page 413) which act abolishes the board of registrars in any county in this State having a population of 200,000 or more, be and it is hereby amended by striking from the caption of said act the words "and of primary elections".

SECTION-
Be it further enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the act approved January - , 1946, entitled, "To be entitled an act to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections, including primaries, in any and all counties in the State of Georgia having a population of 300,000 inhabitants or more according to the last or any future federal census, by direct action of the county commissioners of any county having a population of 300,000 inhabitants or more according to the last or any future federal census, or by referendum; prescribing regulations with reference to the adoption, requirement, purchases, leasing, renting, installation, preparation, custody and demonstration of use of voting machines; providing rules and regulations for the conduct of elections held with voting machines, prescribing the qualifications, number and duties of election officers in election districts or precincts in which voting machines may be used; providing for the experimental use of voting machines; placing duties upon county commissioners of counties having a population of 300,000 inhabitants or more according to the last or any future federal census, and others; providing for the redistricting or redivision and/ or consolidation of election districts or precincts, and for the creating of election precincts in which voting machines may be used; providing for the purchase, lease, or rental of voting machines, and payment therefor, and expenses incidental to the use of such machines; providing penalties for violation of the provisions of this act; and for other purposes." be and it is hereby amended in the following respects:
By striking from the caption thereof the words "including primary".
By striking from section 1 thereof the word "primary".
By striking from section 2 thereof the words "primary and".
By striking from section 5 thereof the words "at other than primary elections", and also by striking therefrom the 'words "nominations or", and by striking therefrom the words "it shall be capable of adjustment by election officers, so as to permit each voter at a primary election to vote for the candidates for nonpartisan nomination, if any, and for the candidates seeking nomination by the political party, in which he is enrolled, if he is enrolled as a member of a political party, and so as to preclude him from voting for the candidates seeking nomination by any political party in which he is not enrolled" and by striking from the said section the words "at any elections".
By striking from section 11 from said act the words "or primary".
By striking from section 12 of said act the following provision:
"In primary elections, the ballot-labels, containing the names of candidates seeking nomination by a political party, shall be segregated on the face of the machine in adjacent rows or columns by parties. In any party primary in which

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voting machines shall be used in one or more voting precincts, the name of any unopposed candidate for nomination for any office may be omitted from the ballot used in any such voting machines, and such unopposed candidate shall be declared to have received the total number of votes cast in such voting precinct."

By striking from section 16 of the said act the following provision of subsection (a), "and by executive committee in primaries." "ln the case .of primary elections the naming of managers thereof and the oath to be taken shall be as prescribed by section 34-3201 of Code of 1933 of Georgia".

By striking from section 25 of said act the word "primary".

SECTIONExcept as herein specifically provided the three acts referred to in the three preceding sections shall remain in full force and effect. Sections 42 through 49 were adopted. An amendment offered by Mr. Nightingale of Glynn to section 50 was lost. Section 50 was adopted. An amendment offered by Mr. Gowen of Glynn was ruled out of order by the speaker. Section 51 was adopted. The caption of HB 13 was adopted.

The following substitute to HB 13 was read:
By Messrs. Towill of Richmond, Neel of Thomas and Mann of Thomas:
A bill to be entitled an act to provide for the enforcement of paragraph N of section I of article II of the Constitution of Georgia, relating to qualifications of electors; to provide additional registrars in each county and to prescribe and define their pqwers and duties and those of county boards of registrars; to require applicants for' registration, or for the continuance thereof, to present certificates of proficiency from a registrar; to cancel existing registrations of electors who, after notice, fail to present such certificates; to provide for the issuance of such certificates; to postpone for two years the operation of section 34115 of the Code of Georgia, as amended, requiring cancellation of registration annually when the registrant has not voted within the preceding two years; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section l. In each county the county superintendent of schools or other officer performing the duties thereof and such principals and teachers of schools in such county as he may appoint shall be additional registrars of such county with the powers and duties hereinafter provided.

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Section 2. No tax collector or tax commissioner shall hereafter administer or allow to be administered to any person the voter's oath required by section 34-103 of the Code of Georgia unless the person taking said oath shall have pre sented to him or to his employee administering said oath a certificate of proficiency issued by a registrar or additional registrar pursuant to section 3 or section 4 of this act. Each tax collector and tax commissioner shall within ninety days after the passage of this act mail to each elector whose name now appears on the permanent qualification or voters book, or who is now otherwise registered to vote as shown by his records, at the last address furnished by said elector, a notice substantially as follows:

NOTICE
You are hereby notified that according to State law, your registration as a qualified elector will be cancelled unless before January 1, 1948, you file in my office a certificate of proficiency as required by the voters' qualification act of 1947.

Tax Collector, ................... County
Effective January 1, 1948, said tax collector or tax commissioner shall cancel the registration of all electors thus notified who shall not have presented said certificate of proficiency issued pursuant to section 3 or section 4 of this act, and the names of all such electors shall be wholly removed from the registration lists. Any elector whose registration has been thus cancelled may re-register as if he were registering for the first time. For the years 1947 and 1948 only, the tax collector or tax commissioner shall not be required to mail notices to voters who have not voted during the past two years, as required by section 34-ll5 of the Code of Georgia, as amended, nor to cancel the registrations thereof as provided in said section.
Section 3. County registrars, including said additional registrars, shall have, subject to regulations made by the State board of education, power to administer to applicants for registration, or for the continuance thereof, such tests as may be prescribed by said board of education for the purpose of ascertaining whether such applicants who choose to be examined pursuant to subdivision 1 of paragraph IV of sectio11 I of article II of the Constitution of Georgia understand the duties and obligations of citizenship under a republican form of government, and to determine whether said applicants successfully pass such tests. Before taking any such test the applicant shall hand to the registrar administering such test a statement in substantially the following form, signed by at least two persons already registered to vote in the county, which statement shall be transmitted by said registrar to the county tax collector or tax commissioner, and by him kept on file.
We, the undersigned, hereby declare under the penalties of perjury that we are registered voter10 of the county of. . . . . . . . . . . . . . . . . . . . . . . . . . and that .................................. , who is an applicant for registration, or for the continuance thereof, is known to us to be a person of good moral character.

Each registrar shall forthwith issue a certificate of proficiency to (a) each applicant successfully completing the test hereinbefore provided for administered

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by him to said applicant; and (b) each applicant who in lieu of such test presents to him written credentials showing to the satisfaction of satd registrar that said applicant has successfully completed the requirements for graduation from an accredited high school or from an accredited institution of higher education.

Section 4. County registrars, including said additional registrars, shall have, subject to regulations made by the State board of education, power to designate the paragraph of the Constitution of the United States or of this State which is to be read and written, or understood and interpreted, by each applicant for registration, or for the continuance thereof, who chooses to be examined pursuant to subdivision 2 of paragraph IV of section I of article II of the Constitution of Georgia; and the registrar. who examines said applicant shall forthwith issue a certificate of proficiency to each said applicant who, in the judgment of said registrar, correctly reads and writes the same or, if said applicant be physically disabled, correctly understands and reasonably interprets the same.

Section 5. Subject to regulations made by the State board of education, the county superintendent of schools or other officer performing the duties thereof shall fix and advertise the times and places when and where said additional registrars shall sit for the purpose of issuing certificates of proficiency, and shall furnish necessary supplies therefor. Each additional registrar, when so sitting. shall receive compensation fixed by the county board of education and paid from its funds.

Section 6. Each certificate of proficiency issued pursuant to this act shall bear an individual number and be in duplicate. The original shall be surrendered to the tax collector or tax commissioner, and by him kept on file, and the duplicate may be retained by the person to whom it is issued.

Section 7. No registrar shall issue a certificate of proficiency to any person who is related to him by consanguinity or affinity within the fourth degree, as computed according to the civil law, and any certificate so issued shall be void. No person shall make any false statement, certificate, rating or report with regard to any test or examination administered under this act or in any manner commit or attempt to commit any fraud preventing the impartial execution of this act and the rules made thereunder. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of the issuance of any certificate of proficiency hereunder. Any person who wilfully or corruptly violates any provision of this act or of the rules made hereunder shall be guilty of a misdemeanor.

Section 8. Nothing in this act shall be deemed to abolish any extstmg county board of registrars or county registrar or to impair their power to question and hold hearings to determine the right of any person to vote or their power to make and file lists of registered voters. Nothing in this act shall be deemed to deny any person the right of appeal provided by paragraph V of section I of article II of the Constitution of Georgia.

Section 9. If any provision of this act, or the applicability thereof to any person or circumstance, is held invalid, the remainder of this act and the applicability thereof and of such provision to other persons or circumstances shall not be affected thereby.
Section 10. All laws and parts of laws in conflict with this act shall be and are hereby repealed.

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Section 11. This act shall be known and may be cited as the "Voters' Quali fication Act of 1947."
On a point of order by Mr. Crowe of Worth, the speaker ruled the substitute out of order.
Mr. Twitty of Mitchell moved the previous question.
On the motion for the previous question, Mr. Goldberg of Coweta called for 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 Mesars.:

Adams of Towns Adams of Wheeler Anglin Ansley Bargeron Bennett Black Bloodworth Bostwick Bradley Briscoe Byrd Callier Cates Chalker Chance Cheek Cochran Conger Coogle Cowart Cox Crowe of Worth Davis Dykes Edenfield Elliott Ellis Etheridge of Baker

Etheridge of Fulton Garrard Garrett Gary Gibbons Glisson Hall Hardin of Glascock Harrison of Jeff Davis Harrison of Wayne Henderson Higgs Hill Hobby Huddleston Johnson of Bulloch Johnston of Lowndes Jones Kendrick Lewis of Hancock Lockett Lovett McCracken McMillan Mann of Rockdale Manous Mitchell Miller Morrison

Moye of Lamar Padgett Pennington Phillips Pulliam Rainey Ramey Ray Rich Risner Rucker Sills Smith of Bryan Smith of Carroll Smith of Emanuel Smith of Oglethorpe Stevens Thompson Twitty Tuttle Vickers Walker Watford Wells of Lincoln Whaley Williams of Mcintosh Williams of Toombs Witherington Yawn

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157

Those voting in the negative were Messrs.:

Adams of Polk Addleton Avera Bagby Battle Beddingfield Britton Brooke Bruton Caldwell Campbell

Hampton Hardin of Turner Hardy Harrison of Jenkins Hefner Hicks Hinson Holbrook Holleman Howard of DeKalb Hubert

Caswell Causey Cheshire Oaxton Covington Dobbs Dorsey Evans Eve Evitt Flynt Fowler Freeman Garland Garrison Gibson Goldberg Gowen Green of Rabun Greene of Crisp Greer

Hurt Ingle Jenkins Joel Jordan Kemper Kenimer Kenyon Key King Leverette Lewis of Greene Littlejohn Long McWhorter Mallard Mann of Henry Mason Mathews Mathis Moore of Lumpkin

Moore of Taliaferro Morgan Morris Moye of Washington Murphy Neel Nicholson Nightingale Overby Ramsay Reid Riddlespurger Sabados Salter Seagraves Shields Smith of Chatham Smith of Clayton Smith of Fulton Swindle Towill Trulock Tuten Vandiver Wells of Clarke Welsch Williams of Ware Willingham Willoughby Wilson

Not voting were Messrs.: Arnall, Barrett, Clarke, Crow of Walker, Durden, Groover, Hagan, Howard of Dawson, Jennings of Baldwin, Jennings of Sumter, Kidd, Knabb, Lokey, Malone, Massey, Mavity, Meeks, Oden, Pearlman, Rowland, Skinner, and Williams of Jones.

Mr. Twitty of Mitchell asked unanimous consent to withdraw his motion for the previous question, and objection was heard.

Mr. Garland of Butts moved that the House do now adjourn.

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On the motion to adjourn, the ayes were 85, nays 86.

The motion to adjourn was lost.

The roll call was verified.

On the motion for the previous question, the ayes were 87, nays 94.

The motion was lost.

Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.

The speaker announced the House adjourned until 10:00 o'clock tomorrow morning, and HB 13, as amended, went over until that time under the order of unfinished business.

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159

"Representative Hall, Atlanta, Georgia. Wednesday, January 29, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the chaplain, Rev. C. M. Ledbetter of the Glenwood Methodist Church.
The call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
The reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested 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 97. By Messrs. Sabados and Durden of Dougherty:
A bill to be entitled an act to amend the act creating and establishing a new charter for the City of Albany, approved August 18, 1923, by striking section 2 of said act, as amended, defining the corporate limits of said city and providing the boundaries of the various wards and inserting in lieu thereof a new description of the territory to be included within the corporate limits of the City of Albany, etc.; and for other purposes.
' Referred to the Commitee on Municipal Government.
HB 98. By Mr. Welsch of Cobb:
A bill to be entitled an act to control and prevent the spread of rabies by the fox; to declare the fox a menace to the health and welfare of the people; to empower the Commissioner of Agriculture to work in conjunction with county agricultural agents, or other proper authorities, in a plan to exterminate the fox; and for other purposes.
Referred to the Committee on Game and Fish.

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HB99. By Messrs. Holbrook of Forsyth, Garrison of Habersham, and Yawn of Dodge:
A bill to be entitled an act providing for the sale and use of drugs of the sulfanila mide group for use in the control of livestock and poultry diseases; and for other purposes.

Referred to Committee on General Agriculture No. I.

HB 100. By Messrs. Hefner of Pickens and Manous of Cherokee:
A bill to be entitled an act to incorporate the town of Nelson, in the counties of Cherokee and Pickens, State of Georgia, and to grant certain powers and privileges to said town; to create a new charter for said corporation; and for other purposes.
Referred to the Committee on Municipal Government.

HB 101. By Messrs. Beddingfield of Dooly and Greene of Crisp:
A bill to be entitled an act to amend section 9-201 of the Code of Georgia 1933 relating to -the qualifications of persons who have been licensed to practice law in foreign states or the District of Columbia; and for other purposes.
Referred to Committee on Veterans Affairs.

HB 102. By Mr. Lockett of Randolph:
A bill to be entitled an act to amend the several acts creating a board of commissioners of roads and revenues for Randolph County; and for other purposes.
Referred to committee on Counties and County Matters.

HB 103. By Mr. Pulliam of Elbert: A bill to be entitled an act to amend an act incorporating the City of Elberton; and for other purposes.
Referred to the Committee on Municipal Government.
HR. 27-103a. By Mr. Garrard of Wilkes: A resolution creating a commission to act on the part of the state in conjunction with the Eugene Talmadge Memorial Association to select and erect on the capitol grounds a monument to the late Eugene Talmadge; and for other purposes.
Referred to Committee on Historical Research.

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161

HR 28-103h. By Mr. Bloodworth of Houston:
A resolution, "Whereas, on the second day of December, 1945, while traveling in an automobile belonging to Mrs. Lillian Andrews, Mrs. Robert Sparks, Rbhert Sparks and Bruce Sparks, received personal injuries which necessitated hospitalization, doctor hills and medical hills, etc.; and for other purposes.

Referred to Committee on Special Appropriations.

HB 104. By Mr. Oden of Pierce:
A hill to he entitled an act to amend an act entitled an act to amend an act to establish the city court of Blackshear, in and for the County of Pierce; to define its jurisdiction; to provide for the appointment of a judge, solicitor and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, etc.; and for other purposes.
Referred to Committee on Special Judiciary.

HB 105. By Messrs. Wells and Joel of Clarke:
A hill to he entitled an act to amend paragraph 56A of the general tax act of 1935 (Ga. Laws 1935, pp. 11, 35), imposing the tax or license fee on persons, firms or corporations engaged in fortune telling, phrenology, clairvoyance or other kindred practices, businesses or professions, by empowering the hoard of county commissioners of each county to regulate and tax such practices, lotusinesses, or professions when located or carried on outside of the corporate limits of any town, municipality or city in the county, etc.; and for other purposes.
Referred to Committee on Ways and Means.

HB 106. By Mr. Conger of Tift:
A hill to he entitled an act to amend an act creating and providing a charter for tire town of Omega, approved July 30, 1912, by extending the corporate limits of said town of Omega; and for other purposes.
Referred to Committee on Municipal Government.

HB 107. By Messrs. Causey of Bacon and Vandiver of Bibb:

A hill to he entitled an act to prohibit and regulate within the State of Georgia

the sale, the offering, or the exposing for sale of fireworks; to define the term

"fireworks" as used in this act; to regulate the manner and extent to which fire-

works may he used; to provide penalties for the violation of this act; and for

other purposes.

'

'

Referred to Committee on Hygiene and Sanitation.

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Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, sub mitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 26. Do Pass.

HB 42. Do Pass.

Respectfully submitted,

Cheek of Franklin, Chairman

By unanimous consent, the following bills of the House, favorably reported, were read the second time:
HB 42. By Mr. Pulliam of Elbert:
A bill to be entitled an act to repeal section 801 of the Code of Georgia in reference to a vacancy in the office of commissioner of roads and revenues in any county; and for other purposes.

HB 26. By Messrs. Johnson and Mallard of Bulloch: A bill to be entitled an act to amend an act to create the city court of Statesbctro; and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
HB6. By Mr. Yawn of Dodge: A bill to be entitled an act to amend an act to create the office of commissioner of roads and revenues in Dodge County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On fhe passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 14. By Mr. Bennett of Barrow:
A bill to be entitled an act to abolish the office of county treasurer 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 104, nays 0.
The bill,~aving received the requisite constitutional majority, was passed.

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163

HB 37. By Messrs. Bargeron and Cates of Burke:

A bill to be entitled an act. to amend the charter of the City of Waynesboro; and for other purposes.

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

On the passage of the bill, the ayes were 105, nays 0.

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

HB 47. By Mr. Hall of Treutlen:
A bill to be entitled an act to amend an act to incorporate the City of Soperton; and for other purposes.
The report 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 51. By Messrs. Eve, Morris and Towill of Richmond:

A bill to be entitled an act to provide a charter for the City of Augusta; and

for other purposes.

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

On the passage of the bill, the ayes were 107, nays 0.

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

HB 60. By Messrs. Elliott, Holleman and Shields of Muscogee:

A bill to be entitled an act to amend an act in reference to the creation of a municipal court in and for the City of Columbus and 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 108, nays 0..

.

..

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

JOURNAL OF THE HOUSE.
HB 61. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act to amend the charter of the City of Columbus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 64. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act to amend an act amending the charter of the City of Columbus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 65. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act to amend an act to authorize the City of Columbus to sell certain 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 111, 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 bill of
the Senate to wit:

SB 5.

By Senators Woodall Qf the 25th and Wideman of the 46th:
A bill to be entitled an act to amend an act approved March 20, 1943, Ga. Laws 1943, pp. 672-676, entitled an act to equalize educational opportunities throughout the state in certain phases of vocational education; and for other purposes.

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165

Under the regular order of business, further consideration of the following bill of the House was resumed:

HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, Bradley of Tattnall, and many others:
A bill to be entitled an act to revise the election laws and to repeal all laws or parts -Qf laws providing the manner and method of holding primary elections by any political party, organization or association; and for other purposes.
By unanimous consent, individual speeches on HB 13 were limited to fifteen minutes.
...
Mr. Matthews of Peach requested the inclusion in the Journal of the following statement made by him on t~e Boor of the House:
There has been a lot of excitement and unforeseen criticism throughout Georgia recently. Most of it was generated by the metropolitan press and by the appeals made by M. E. Thompson and Herman Talmadge, or by their managers and friends. and the office holders and office seekers.
The race question, with us for years and with us now and with us in the future, has been discussed both passionately and dispassionately here in Georgia. Nobody has been lynched or killed as a result-much to the disappointment, no doubt, of some of our northern columnists and radio commentators.
I think we all tried to vote our convictions.
The effect of most of the honest criticism from those who did not feel that the Legislature should elect was this, "You took away from me, as a voter, my right, under the new constitution, to say who would be Governor, if the candidate receiving the majority of county unit votes died." That was one vote for one Governor under violent appeal from office holders and office seekers, and under a situation unprecedented in Georgia. This criticism was frankly made of me by some of my lifelong friends who are still my friends. My real friends will think I voted sincerely.
The courts will pass upon the question as to whether or not the Legislature can elect a Governor as we did. When they do, everyone will relax and democratic processes will have finally prevailed. We will not have been a South American republic after allas predicted by one of our Atlanta newspapers. Everyone will be glad when this is decided.
As I said before no man can truthfully foretell what the decision of the Supreme Court will be.
But there is another question here that must address itself to the calm and sober judgment of all the members of this House. It is a burning question.

When you go home, many intelligent people will ask you this question:
"What have you done with my right, as a voter, to vote in a Democratic primary, protected by law, as I have done all my life?"

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In other words, I concede to you the right to elect one Governor for me, if you thought you were doing your duty. But do you mean that I must join up with this new outfit, which is just a club, in order to vote in my own Democratic primary in an indefinite time in the future?

Yes, that's right.

Well, you deprived me of my right, as a voter, to select one Governor. That was all right, if you acted sincerely. But for you to drive me from my own Party, protected by law; that doesn't affect one vote for one man. It affects my rights, now and hereafter, as a citizen.
This question cannot be answered by a court decision. You must answer it yourself, when you vote, now and forever after.
I am not prepared to answer that question from Dr. Homer Avera and Dr. Frank Vinson and many others whose friendship and respect I value very highly. I do not think I have any right to drive them from the Democratic party as it exists at this moment, even if I did not value their friendship-which I do.

I shall vote against the socalled white primary bill.

Mr. Willingham of Cobb requested that the following statement made by him on the
floor of the House be included in the Journal:
Mr. Speaker and Members of the House:
I was elected by the people of Cobb County to represent all the people of Cobb County in this General Assembly. Yes, my friends, I, in theory and in fact, am endeavoring to conscientiously represent all my constituents--the Talmadge, the Rivers, the Arnall, and the Thompson supporters--they are all my friends and I'm going to keep their friendship and their confidence.
As I told the members of this General Assembly the other day, I intend to squarely face every issue that comes before this body and I'm going to vote my convictions and stand up and be counted on every issue. No one controls my vote and no politician in the State of Georgia can influence my vote. I want nothing except to be able to live with my conscience-so the politicians cannot put any pressure on me-l'll answer only to the people of my county and to no one else.
Now as to my vote on this measure, thousands of my people have asked me to vote for this bill and give it a trial. I told them many months ago that I would vote for the white primary bill and, gentlemen, I'm going to keep faith with them. I feel that when a man is elected to the highest office of this state on a definite platform that the General Assembly should enact it into law and give it a trial. If it does not work or turns out to be wrong, then the General Assembly can come back and repeal or change its previous acts. That to my mind, gentlemen, is democracy.
Furthermore, and as part of this issue, I'm sick, tired and disgusted of certain northern elements trying to tell us, through devious methods of pressure and coercion, how to run our great and sovereign State of Georgia. I am indeed happy that I can be on record as helping to give that crowd a slap in the face by the enactment of this bill.

WEDNESDAY, JANUARY 29, 1947

167

Now, as to whether this bill will work and effectuate its intended purpose--I do not know. I don't think any member in this House knows. However, I'm willing to give it a trial and hope for the best.

In so doing I want to sound one word of warning to all of you. Let's keep everything in the party clean and aboveboard, because I tell you that the first off-color thing manipulated by authority of this bill will bring the walls of Jericho down on your heads and the people will rise as they have never risen before and demand that every law we repeal today be placed back on the books in toto.

Mr. Speaker, I vote aye.
Mr. Twitty of Ware moved the previous question, and the call was sustained.

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 Speaker ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Towns Adams of Wheeler Addleton Anglin Ansley Avera Bagby Bargeron Barrett Battle . Beddingfield Bennett Black Bostwick Bradley Briscoe Britton Byrd Callier Caswell Cates Chalker Chance Cheek Cheshire Claxton Cochran

Conger Coogle Covington Cowart Cox Crow of Walker Crowe of Worth Davis Dobbs Dykes Edenfield Elliott Ellis Etheridge of Baker Flynt Fowler Freeman Garrard Garrett Gary Gibbons Glisson Greene of Crisp Hall Hardin of Glascock Hardin of Turner Harrison of Jell Davis

Harrison of Wayne Hefner Henderson Hicks Higgs Hill Hobby Holbrook Holleman Howard of Dawson Huddleston Jennings of Baldwin Johnston of Lowndes Jones Jordan Kenimer Kidd King Leverette Lewis of Hancock Littlejohn Lockett Lokey Lovett McCracken McMillan Mann of Henry

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Mann of Rockdale Manow; Massey Meeks Mitchell Miller Morrison Moye of Lamar Moye of Washington Murphy Nicholson Oden Overby Padgett Pearlman Pennington Phillips Pulliam

Rainey Ramey Ray Riddles purger Rich Risner Rowland Rucker Salter Seagraves Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Smith of Oglethorpe Stevens Thompson

Those voting in the negative were Messrs.:

Adams of Polk Arnall Bloodworth Brooke Bruton Caldwell Campbell Causey Durden Etheridge of Fulton Evans Eve Evitt Garland Garrison Gibson Goldberg Gowen Green of Rabun Greer Groover

Hagan Hardy Harrison of Jenkins Hinson Howard of DeKalb Hubert Hurt Ingle Jenkins Joel Kemper Kendrick Kenyon Key Lewis of Greene Long McWhorter Mallard Mason Mathews Mathis

Trulock Twitty Tuttle Vickers Walker Watford Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Willingham Willoughby Witherington Yawn
Moore of Lumpkin Moore of Taliaferro Morgan Morris Neel Nightingale Ramsay Reid Sabados Skinner Smith of Chatham Smith of Clayton Smith of Fulton Swindle Towill Tuten Vandiver Wells of Clarke Williams of Ware Wilson

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169

Those not voting were Messrs. clark, Dorsey, Hampton, Jennings of Sumter, Johnson of Bullock, Knabb, Malone and Mavity.

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

On the passage of the bill, as amended, the ayes were 133, nays 62.

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

Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.

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

170

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, January 30, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the chaplain, Rev. C. M. Ledbetter of the Glenwood Methodist Church.
The call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
The reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of loca1 uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate Bills and Resolutions.

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 1.

By Senator Weaver of the 51st:
A bill to ratify and confirm sales of certain lands by the City of Macon to W. J. Stripling, as evidenced by deed dated August 18, 1921, and to Cherokee Brick Compariy; and for other purposes.

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171

SB 3.

By Senator Weaver of the 51st:
A bill to amend the Code of Georgia to provide for a judgment for double rent and when a writ of possession shall issue, by providing that if, on the trial of an issue formed by a proceeding against a tenant holding over and a counter affidavit thereto, such issue is determined against the tenant; and for other purposes.

SB 14. By Senator Millican of the 52nd:
A bill to amend an act entitled act to provide for creation of office of judge of superior court, emeritus; so as to add judge who previously served as judge of a constitutional city court; and for other purposes.

SB 16. By Senator Millican of the 52nd:
A bill to give an express lien to involuntary gratuitous or naked depositories on property held in their possession; to authorize such depositories for the purpose of locating the owner, where unknown, to open and examine the containers of property; and for other purposes.

SB 17. By Senator Millican of the 52nd:
A bill to make it lawful for any person, firm, partnership or other corporation doing business in this state, upon the adjudication of insanity of any employee having a wife with whom he is living at the time of such adjudication to pay over whatsoever wages that may be due said employee not to exceed two hundred dollars to said wife and to exempt said wages to the amount of two hundred dollars from garnishment; and for other purposes.

SB 19. By Senator Millican of the 52nd:
A bill to repeal present law on notary public for the state at large title 71 of Code of 1933, and in lieu thereof provide "notaries public", appointment of same by judges of superior courts, qualifications, oath of office, fees, term of office; and for other purposes.

SB 20. By Senator Millican of the 52nd:
A bill to repeal chapter 1011 of title 101 "state librarian" of Code of 1933 and in lieu thereof enact a new chapter so as to provide a department of state library; and for other purposes.

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

HB 108. By Mr. Bostwick of Early:
A bill to be entitled an act to amend an act approved August 9, 1929, entitled an act to amend an act approved July 30, 1927, Ga. Laws 1927, page 566, entitled "An act to create the office of taxcommissioner of Early County"; and for other purposes.
Referred to the Committee on Counties and County Matters.

172 '

JOURNAL OF THE HOUSE,

HB 109. By Mr. Williams of Mcintosh:

A bill to be entitled an act to repeal in its. entirety an act approved January 25, 1945 (acts 1945, pp. 496497) entitled "An act to amend the act of February 26, 1876, creating commissioners of Mcintosh County"; and for other purposes.

Referred to the Committee on Counties and County Matters.

HB 110. By Mr. Williams of Mcintosh:
A bill to be entitled an act to amend the act of February 26, 1876, creating com missioners of Mcintosh County, as amended by an act approved July 31, 1913; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 111. By Mr. Wells of Lincoln:
A bill to be entitled an act to provide for the appointment by the sheriff of Lincoln County, Georgia, of a deputy sheriff of Lincoln County, Georgia; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 112. By Mr. Wells of Lincoln:.
A bill to be entitled an act to amend an act approved August 16, 1916, as amended by an act approved March 12, 1941, to provide for the compensation for the treasurer of Lincoln County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 113. By Messrs. Mitchell of Monroe, Dykes of Bleckley, Lovett of Laurens, and many others:
A bill to be entitled an act to increase the revenue of the state; to regulate and control the manufacture, purchase, sale, distribution, transportation, handling, advertising and possession of alcohol, etc.; and for other purposes.
Referred to Committee on Temperance.

HR 29113a. By Mr. Campbell of Newton:
A resolution designating certain roads and routes in Georgia to commemorate services of men who served in the armed forces of the U. S. during the War with Spain, and for other purposes.
Referred to Committee on Historical Research.

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173

HB 114. By Mr. Elliott of Muscogee, Hand of Mitchell, Lovett of Laurens, and others:
A bill to be entitled an act to repeal and amend certain code sections relating to the state department of law; and for other purposes.
Referred to Committee on State of Republic.

HB 115. By Messrs. Morgan, Groover and Caldwell of Troup:
A bill to be entitled an act to authorize the mayor and aldermen of the City of West Point to grant, bargain and sell, certain described property; to ratify and affirm any previous sale; and for other purposes.
Referred to Committee on Municipal Government.

HB 116. By Messrs. Mathis and Johnston of Lowndes, and others:
A bill to be entitled an act providing for the rank or priority of liens of judgments for damages arising out of a common disaster or occurrence; and for other purposes.
Referred to Committee on Special Judiciary.

HB 117. By Messrs. Covington, Hicks and Littlejohn of Floyd:
A bill to be entitled an act to amend the act approved October 6, 1943 (Georgia Laws, extraordinary session 1943, page 2), by repealing section 6 (3) of said act relating to the wearing of stripes by convicts and substituting in lieu thereof provisions requiring all male prisoners under the jurisdiction of the state depart ment of corrections (except juvenile, first offenders and all persons committed to the Georgia State Training School for Boys) whether confined in public works camps, the penitentiary or elsewhere to wear stripes; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penitentiary.

Mr. Thompson of Meriwether County, chairman of the Committee on Municipal Govern ment, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 9. Do Pass.

HB 70. Do Pass, as amended.

HB 100. Do Pass.

Respectfully, submitted,

Thompson of Meriwether, Chairman

174

JOURNAL OF THE HOUSE,

Mr. Pennington of Wilkinson County, chainnan of the Committee on Georgia State Sanitarium, submitted the following report:

Mr. Speaker:
Your Committee on Georgia State Sanitarium has had under consideration the following bill of the House and has instructed me, as chainnan, to report the same back to the House with the following recommendations:

HB 11. Do Pass, as amended.

Respectfully, submitted,
Pennington of Wilkinson, Chairman

By unanimous consent, the following bills of the House, favorably reported, were read the second time:
HB 9. .BY Messrs. Twitty and Hand of Mitchell: A bill to be entitled an act to amend the charter of the City of Camilla; and for other purposes.

HB 11. By Messrs. Jennings and Kidd of Baldwin:
A bill to be entitled an act to provide for the fixing of salaries of employees of the Milledgeville State Hospital; and for other purposes.

HB 70. By Messrs. Eve, Morris and Towill of Richmond:
A bill to be entitled an act to provide an optional system of consolidated county and municipal government with particular reference to tax assessment and collection; and for other purposes.

HB 100. By Messrs. Hefner of Pickens and Manous of Cherokee:
A bill to be entitled an act to incorporate the Town of Nelson in the counties of Cherokee and Pickens; and for other purposes.

By unanimous consent, the following bill of the House was read the third time, and placed upon its passage:
HB 26. By Messrs. Johnson and Mallard of Bulloch: A bill to be entitled an act to amend an act to create the city court of Statesboro; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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175

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

HB 32. By Messrs. Holleman, Shields and Elliott of Muscogee:
A bill to be entitled an act to authorize officers in counties having a certain popula tion, who have charge of records, to install and use photostatic equipment in recording and copying records; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 38. By Mr. Chalker of Pulaski:
A bill to be entitled an act to provide in counties of a certain population, where the solicitors general are on salary basis, the method of distribution and disburse ment of fine and forfeitures in excess of costs prescribed by law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 63. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act to amend the Code in reference to the appointment by the coroner of a deputy-coroner, in counties of a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 67. By Messrs. Eve, Morris and Towill of Richmond: A bill to be entitled an act to abolish in certain counties the board of county registrars, and to provide that the county tax collector or tax commissioner shall be the county registrar 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

176

JOURNAL OF THE HOUSE,

HB 68. By Messrs. Eve, Morris and Towill of Richmond:

A bill to he entitled an act to prohibit and regulate in counties having a certain population, the solicitation of votes for any person or proposition; and for other purposes.

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

On the passage of the hill, the ayes were 108, nays 0.

The hill, having received the requisite constitutional majority, was passed.

HB 69. By Messrs. Eve, Morris and Towill of Richmond:
A hill to he entitled an act to provide, in counties having a certain population, a county planning and zoning commission and a county hoard of zoning appeals; 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 109, nays 0.
The hill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following hills of the Senate were read the first time and referred to the committees:
SB 1. By Senator Weaver of the 51st:
A bill to he entitled an act to ratify and confirm sales of certain lands by the City of Macon to W. J. Stripling, as evidenced by deed dated August 18, 1921, and to Cherokee Brick Company, as evidenced by deed dated March 12, 1946, to confirm the title to the properties covered by said deeds in the present owner, W. S. Dickey Clay Manufacturing Company; and for other purposes.
Referred to Committee on Municipal Government.

SB3. By Senator Weaver of the 51st:
A hill to he entitled an act to amend section 61-305 of the Code of Georgia of 1933 providing for a judgment for double rent and when a writ of possession shall issue, by providing that if, on the trial of an issue formed by a proceeding against a tenant holding over and a counter affidavit thereto, such issue is determined against the tenant; and for other purposes.
Referred to Committee on General Judiciary No. 2.

THURSDAY, JANUARY 30, 1947

177

SB 4.

By Senator Weaver of the 51st:
A hill to be entitled an act to provide for the relinquishment by the state of the areas leading from the original corporate boundaries of the City of Macon to the ten-acre lots of the Macon reserve west of the Ocmulgee River and lying between the four-acre lots of said Macon reserve, to state the purposes of this act; and for other purposes.

Referred to Committee on Public Property.

SB 5.

By Senators Woodall of the 25th and Wideman of the 46th:
A bill to be entitled an act to amend an act approved March 20, 1943, Ga. Laws 1943, pp. 672-676, entitled an act to equalize educational opportunities throughout the state in certain phases of vocational education, said act being set forth in sections 32-2206 through 32-2223 of the 1945 Cumulative Poe. Pt. to the Annotated Code of 1933, by striking and repealing in their entirety all of sections 4 and 7 of said act; by striking from section 6 of said act, in their entirety sub-paragraphs numbered (1) and (2) and by inserting in lieu, etc.; and for other purposes.

Referred to Committee on Education No. 1.

SB 14. By Senator Millican of the 52nd:
A bill to be entitled an act to amend act of March 9, 1945, entitled act to provide for creation of office of judge of superior court, emeritus; to create retirement fund, and further amended February 1, 1946, so as to add judges who previously served as judge of a constitutional city court; and for other purposes.
Referred to Committee on Special Judiciary.

SB 16. By Senator Millican of the 52nd:
A hill to be entitled an act to give an express lien to involuntary gratuitous or naked depositories on property held in their possession; to authorize such de positories for the purpose of locating the owner, where unknown, to open and examine the containers of property; to authorize such depositories to incur expense in caring for and endeavoring to make delivery of such property; to provide a cumulative method for foreclosing their lien on said property; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 17. By Senator Millican of the 52nd:
A hill to be entitled an act to make it lawful for any person, finn, partnership or other corporation doing business in this state, upon the adjudication of insanity of any employee having a wife with whom he is living at the time of such adjudica tion to pay over whatsoever wages that may be due said employee not to exceed two hundred dollars to said wife and to exempt said wages to the amount of two hundred dollars from garnishment; and for other purposes.
Referred to Committee on General Judiciary No. 1.

178

JOURNAL OF THE HOUSE,

SB 19. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal present law on notary public for the state at large title 71 of Code of 1933, and in lieu thereof provide "notaries public,'' appointment of same by judges of superior courts, qualifications, oath of office, fees, term of office; and for other purposes.

Referred to Committee on General Judiciary No. 1.

SB 20. By Senator Millican of the 52nd: A hill to be entitled an act to repeal chapter 1011 of title 101 "state librarian" of Code of 1933 and in lieu thereof enact a new chapter so as to provide a depart ment of state library; and for other purposes.
Referred to Committee on Public Library.
Mr. Garland of Butts arose to a question of personal privilege and addressed the House.
Mr. Glisson of Evans arose to a question of personal privilege and addressed the House.
Mr. Durden of Dougherty arose to a question of personal privilege and addressed the House.

The following resolution of the House was read and adopted:
HR30. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, Fowler of Douglas, Goldberg of Coweta and Flynt of Spalding:

A RESOLUTION
WHEREAS, it has been brought to the attention of this body that our beloved colleague, Honorable Henry C. Arnall, has been called to Newnan on account of the death of his sister, Mrs. Walker,
NOW THEREFORE BE IT RESOLVED, that the deepest sympathy of this House and of each member he extended to our colleague and the members of his family in their hour of bereavement, and
BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon the minutes of this House and a copy sent to Hoi10rable Henry C. Arnall and his family.
Under the regular order of business, the following bill of the House was again taken up for consideration:
HB 21. By Mr. Crowe of Worth:
A hill to he entitled an act to make appropriations for the operation of the state government; and for other purposes.

THURSDAY, JANUARY 30, 1947

179

The House was resolved into the Committee of the Whole House to consider HB 21, and the Speaker designated Mr. Sabados of Dougherty as the chairman thereof.

The Committee of the Whole House arose and through its chairman, Mr. Sabados, reported progress and asked leave to sit again.

Mr. Goldberg of Coweta moved that the House do now adjourn, and the motion was lost.

The House was again resolved into the Committee of the Whole House to consider HB 21, and the Speaker designated Mr. Sabados of Dougherty as the chairman thereof.

The Committee of the Whole House arose and through its chairman, reported HB 21 back to the House with the recommendation that it do pass, as amended.

The following committee amenrunents were read and adopted:
By Mr. Greene of Crisp:
HB 21 is amended by inserting at the end of paragraph 'F'' of section 29, a new paragraph "G", reading as follows:
"For the state veterans memorial park on Lake Blackshear, in Crisp County, the sum of one hundred and twenty-five thousand ($125,000.00) dollars for each of the next two (2) years, to be expended for the development and use of said memorial park as a living memorial to Georgia veterans."

By Messrs. Matthews of Peach, Bloodworth of Houston, Key of Jasper, Avera of Crawford and Mason of Morgan:
Move to amend HB 21, the general appropriation bill, by striking from section 31 the figures $75,000.00, and by inserting in lieu thereof the figures $120,000.00.

Mr. Elliott of Muscogee:
Moves to amend HB 21 by striking from section 40 the figures $18,000.00 where the same appears and substituting in lieu thereof the figures $24,000.00.

Mr. Bagby of Paulding:
Moves to amend HB 21, section 42 thereof by adding the following provision immediately following section 42:
"Provided that in addition to the above appropriation, there is hereby appropriated the sum of $180,000.00 for one fiscal year to purchase and install a frequency modulation 2-way system of radio communication."

180

JOURNAL OF THE HOUSE,

Messrs. Pennington of Wilkinson, Lewis of Hancock, Chance of Twiggs, Johnston of Lowndes, Hobby of Worth, Williams of Jones, Flynt of Spalding and Battle of Schley:

Move to amend HB 21, the general appropnauon bill, by adding after the word "fund," at the end of paragraph (a), headed "Education." of section 54, a semicolon and the words, "for payment of increased salaries of school bus drivers.", and by striking the total figures of "$14,372.025.00" and by substituting in lieu of said stricken figures, the figures, "$16,372,025.00."

Messrs. Pennington of Wilkinson, Lewis of Hancock, and others:
Move to amend section 54 by adding, directly after the conclusion of the second paragraph, or proviso, which is as follows:
"provided that such funds as are available under this section shall be first applied in payment of item (a) Education to take care of the 50% Teacher's Salary Increase" the following words:
"and 50'7o im:rease for school bus drivers compensation."

Messrs. Pearlman of Sumter, Jennings of Sumter and Garrison of Habersham:
Move to amend section 54 ~f HB 21 by striking in its entirety section (B) in appropriation for grant& to counties for common school building equalization fund and substituting in lieu thereof a sub-section (b) to read as follows:
"For buildings and equipment at the vocational trades school at Clarkesville and Americus to be divided equally between the schools, same to be available for the fiscal year ending June 30, 1948 . . . $500,000.00."

Messrs. Flynt of Spalding, Byrd of Taylor and Fowler of Douglas:
Move to amend HB 21, section 54(c) by adding the following:
"For grants for matching federal funds, and for the construction and equipping of buildings in the university system, including a building for the school of vet erinary medicine at the University of Georgia . . . $5,000,000.00."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

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181

On the passage of the bill, as amended, the Speaker ordered a roll call and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Towns Addleton Anglin Ansley Avera Bagby Bargeron Barrett Battle Beddingfield Bennett Bostwick Bradley Briscoe Britton Bruton Byrd Callier Campbell Cates Causey Chalker Chance Cheek Cochran Conger Coogle Covington Cowart Cox Crow of Walker Crowe of Worth Davis Dykes Elliott Ellis Etheridge of Baker Etheridge of Fulton Eve Evitt Flynt Fowler Freeman Garrard Garrett

Garrison Gibbons Gibson Gowen Green of Rabun Greene of Crisp Groover Hagan Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Henderson Higgs Hill Hobby Holbrook Holleman Howard of Dawson Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Jennings of Baldwin Johnston of Lowndes Jordan Kemper Kenimer Kenyon Key
Kidd King Leverette
Lewis of Greene Lewis of Hancock Littlejohn
Lockett
Mallard Mann of Rockdale Manous
Mason Mathews Mathis

Mitchell Miller Moore of Lumpkin Morgan Morris Moye of Washington Murphy Neel Nicholson Nightingale Padgett Pennington Phillips Rainey Ramsay Ray Reid Rich Rucker Sabados Salter Seagraves Shields Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Fulton Smith of Oglethorpe Thompson Towill Trulock
Tuten Vandiver Vickers
Walker
Wells of Lincoln
Williams of Jones
Williams of Mcintosh Williams of Toombs Willingham
Wilson Yawn

182

JOURNAL OF THE HOUSE.

Those voting in the negative were Messrs.:

Jones Lovett

McMillan Ramey

Stevens Witherington

Not voting were Messrs. Adams of Polk, Adams of Wheeler, Arnall, Black, Bloodworth, Brooke, Caldwell, Caswell, Cheshire, Oark, Oaxton, Dobbs, Dorsey, Durden, Edenfield. Evans, Garland, Gary, Glisson, Goldberg, Greer, Hall, Hampton, Hardin of Glascock, Harrison of Wayne, Hefner, Hicks, Hinson, Jennings of Sumter, Joel, Johnson of Bulloch, Kendrick, Knabb, Lokey, Long, McCracken, McWhorter, Malone, Mann of Henry, Massey, Mavity, Meeks, Moore of Taliaferro, Morrison, Moye of Lamar, Oden, Overby, Peariman, Pulliam, Riddlespurger, Risner, Rowland, Sills, Smith of Oayton, Smith of Emanuel, Swindle, Twitty, Tuttle, Watford, Wells of Clarke, Welsch, Whaley, Williams of Ware and Willoughby.

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

On the passage of the bill, as amended, the ayes were 133, nays 6.

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

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

Mr. Ray of Warren moved that the House do now adjourn until 10:00 o'clock Monday morning, February 3, and the motion prevailed.

Leave of absence until Tuesday was granted to Mr. Smith of Bryan.

The Speaker announced the House adjourned until 10:00 o'clock Monday morning, February 3, 1947.

MONDAY, FEBRUARY 3, 1947

183

Representative Hall, Atlanta, Georgia. Monday, February 3, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the chaplain, Rev. A. W. Bussey of the Jasper Baptist Church.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the Journal of last Thursday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions.

By unanimous consent, the following hills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 118. By Mr. Davis of Bartow:
A bill to be entitled an act to amend code section 92-3303 of the Code of Georgia of 1933, to provide a period of limitation upon assessment and collection of income tax; and for other purposes.
Referred to Committee on Ways and Means.

HB 119. By Messrs. Cates and Bargeron of Burke:
A bill to be entitled an act to empower the several hospital authorities of the State of Georgia created by and under "hospital authorities law"; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

184

JOURNAL OF THE HOUSE,

HB 120. By Messrs. Reid and Smith of Carroll:
A hill to he entitled an act to amend an act approved November 23, 1901, creating and adopting a new charter for the Town of Temple, to provide for qualification of mayor and council; and for other purposes.
Referred to Committee on Municipal Government.

HB 121. By Mr. Gowen of Glynn:
A hill to he entitled an act to require the supervisor of purchases to take from any person, firm or corporation awarded a contract to print the acts of the General Assembly or the journals of either the Senate or House, a bond in the penal sum of not less than $50,000.00 conditioned to complete such work within sixty days after the complete manuscript has been furnished; to provide a penalty for each day of default; to provide for the recovery of such penalty; and for other purposes.
Referred to Committee on State of Republic.

HB 122. By Mr. Addleton of Spalding: A hill to he entitled an act to provide that all hotels he equipped with certain protections and safeguards against fire; and for other purposes.
Referred to Committee on Special Judiciary.

HB 123. By Mr. Tuten of Appling:
A hill to he entitled an act to amend section 21105 of the Code of Georgia so as to provide for an increase in the fees of coroners i11. certain counties, etc.; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 124. By Messrs. .Towill, Morris and Eve of Richmond:
A hill to he entitled an act to provide for the continued existence of the public school system of the County of Richmond in accordance with section X of article VIII of the Constitution of the State of Georgia and for its management and control as provided in an act entitled an act to regulate public instruction in the County of Richmond, approved August 23, 1872, etc.; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 125. By Mr. Smith of Fulton:
A bill to he entitled an act to prohibit gambling, offering to bet or soliciting bets on the result, events connected with or act of a participant in any game, sport or athletic contest and to provide punishment therefor;_and for other purpo~s.
Referred to Committee on Special Judiciary.

MONDAY 1 FEBRUARY 3, 1947

185

HB 126. By Messrs. McWhorter, Howard and Hubert of DeKalb and Smith of Clayton:
A bill to be entitled an act to amend an act approved March 9, 1943, providing a salary for the official court reporter of the Stone Mountain Judicial Circuit and the several acts amendatory thereof by providing that such official court reporter shall retain all fees collected for the transcribing of civil cases; and for other purposes.

Referred to Committee on Special Judiciary.

HB 127. By Messrs. McWhorter, Howard and Hubert of DeKalb: A bill to be entitled an act to amend the charter of the City of Lithonia; and for other purposes.
Referred to Committee on Municipal Government.

HB 128. By Messrs. McWhorter, Howard and Hubert of DeKalb: A bill to be entitled an act to create a bond commission for DeKalb County school district of DeKalb County, Georgia; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 129. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend the charter of the City of Lithonia and the several acts amendatory thereof by providing a method for the extension of the corporate limits of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 130. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend the charter of the City of Lithonia by providing that the mayor's salary shall not exceed two hundred ($200.00) dollars per year; and for other purposes.
Referred to Committee on Municipal Government.

HR 34-130a. By Messrs. MeWhorter, Howard and Hubert of DeKalb:
A resolution to propose. to the qualified voters of Georgia an amendment to article VIII, section V, paragraph I of the Constitution of Georgia of 1945, to provide that the General Assembly shall have authority to create and establish in DeKalb County, Georgia, districts from which the members of the county board of education of DeKalb County shall be elected by the voters of such districts; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

186

JOURNAL OF THE HOUSE,

HR35-130b. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A resolution to propose to the qualified voters of Georgia an amendment to article VII, section IV, paragraph II of the Constitution of Georgia of 1945 to provide that the General Assembly may grant to the governing authority of DeKalh County, the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof pro-rata against the abutting property owners, etc.; and for other purposes.

Referred to Committee on Amendments to Constitution No. 2.

By unanimous consent, the following bills of the House were read the third time, and placed upon their passage:
HB 9. By Messrs. Twitty and Hand of Mitchell: A bill to he entitled an act to amend the charter of the City of Camilla; 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 103, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 100. By Messrs. Hefner of Pickens and Manous of Cherokee: A bill to be entitled an act to incorporate the town of Nelson, in the counties of Cherokee and Pickens; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following resolutions of the House were read and adopted:
HR 31. By Messrs. Reid of Carroll, Gowen of Glynn, Hand of Mitchell, Elliott of Muscogee and Smith of Carroll:
A resolution requesting the War Assets Administration to extend their advertising period from February 5 to April 5, 1947, on the Waco rifle range, located in Carroll and Haralson County; and for other purposes.

MONDAY, FEBRUARY 3, 1947

187

HR 32. By Mr. Welsch of C~bb:

A RESOLUTION
WHEREAS, both the University of Georgia and Georgia School of Technology now have great football teams; and
WHEREAS, both institutions by and through their athletic associations promote interest in football and the athletic program at the said institutions; and
WHEREAS, the musicians at the respective institutions in forming a band and playing for their teams during the games, become a vital part of the games themselves; and
WHEREAS, it came to the attention of the members of the General Assembly on the night that the chambers of commerce of Atlanta and Decatur entertained the members of the General Assembly that the athletic associations do not contribute to, or offer scholarships to students who actively engage in the bands, or offer any inducement to students to pursue learning in the finer art of music;
NOW, therefore, be it resolved by the House, the Senate concurring, that the Speaker of the House and the President of the Senate appoint a committee of five members, three from the House and two from the Senate, to inquire into the facts with the purpose of seeing what, if anything, can be done for the musicians at these schools as an effort to encourage and promote more and greater interest in music;
And be it further resolved, that the committee be empowered to have and hold hearings, privately or publicly, be empowered to issue subpoenas, be empowered to compel the attendance of witnesses and be empowered to compel the production of documents and records, should the committee think same necessary, or proper, in the inquiry, or investigation into the premises;
And be it further resolved, that the said committee be also empowered to inquire into and investigate the feasibility of the state's taking over and operating the athletic programs, particularly the game of football.

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

HB 1.

By Mr. Hand of Mitchell:
A bill to be entitled an act to prevent the office of commissioner of revenue of the State of Georgia from being used for political purposes; and for other purposes.

The following committee amendment to HB 1 was read and adopted:
The committee moves that section 2 of HB 1 be amended by striking the following words "the passage of this act" and substitute in lieu thereof "the first day of January, 1949".
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, Mr. Hand of Mitchell moved the ayes and nays, and the call was sustained.

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JOURNAL OF THE HOUSE.

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

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Anglin Ansley Arnall Bargeron Barrett Black Bloodworth Bostwick Bradley Briscoe Byrd Callier Campbell Caswell Cates Chalker Chance Cheek Clark Cochran Conger Coogle Cowart Cox Crow of Walker Crowe of Worth Davis Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Eve Flynt Fowler

Garland Garrard Garrett Garrison Glisson Green of Rabun Hall Hardin of Turner Hardy Harrison of Jeff Davis Higgs Hill Hobby Howard of DeKalb Huddleston Jennings of Baldwin Jennings of Sumter Joel Johnston of Lowndes Kendrick Kenyon Key Kidd King Lewis of Greene Lewis of Hancock Lockett Lokey Long Lovett McCr'lcken McMillan Malone Mann of Rockdale Manous Mathews Meeks Miller Morris Morrison

Moye of Lamar Neel Nicholson Oden Overby Padgett Pennington Pulliam Ramey Ramsay Ray Rich Risner Rowland Rucker Shields Sills Smith of Carroll Smith of Fulton Smith of Oglethorpe Thompson Towill Trulock Twitty Tuten Tuttle Vandiver Vickers Walker Watford Wells of Clarke Wells of Lincoln Welsch Williams of Jones Williams of Mcintosh Willoughby Witherington Yawn

MONDAY, FEBRUARY 3, 1947

189

Those voting in the negative were Messrs.:

Bagby Brooke Bruton Caldwell Causey Covington Dobbs Dorsey Durden Evitt Freeman Gibbons Groover Hagan

Henderson Hicks Hinson Holbrook Hubert Hurt Ingle Jordan Kemper Kenimer Knabb Littlejohn McWhorter Mallard

Mann of Henry Mason Mitchell Morgan Moye of Washington Nightingale Phillips Sabados Seagraves Smith of Chatham Smith of Clayton Swindle Williams of Ware Wilson

Not voting were Messrs. Avera, Battle, Beddingfield, Bennett, Britton, Cheshire, Claxton, Evans, Gary, Gibson, Goldberg, Gowen, Greene of Crisp, Greer, Hampton, Hardin of Glascock, Harrison of Jenkins, Harrison of Wayne, Hefner, Holleman, Howard of Dawson, Jenkins, Johnson of Bullock, Jones, Leverette, Massey, Mathis, Mavity, Moore of Lumpkin, Moore of Taliaferro, Murphy, Pearlman, Rainey, Reid, Riddlespurger, Salter, Skinner, Smith of Bryan, Smith of Emanuel, Stevens, Whaley, Williams of Toombs and Willingham.

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

On the passage of the bill, as amended, the ayes were 118, nays 42.

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

The following resolution of the House was read and adopted:
HR 33. By Messrs. Hand of Mitchell, Ray of Warren, Flynt of Spalding, Twitty of Mitchell, Arnall of Coweta, Phillips of Columbia and McCracken of Jefferson:
WHEREAS, it has been brought to the attention of the membership of the House of Representatives that the mother of our distinguished colleague and Speaker Pro Tern Honorable George L. Smith, II, has been called to her reward by an all wise providence, and
WHEREAS, the heartfelt sympathy of each member of this House goes out to our Speaker Pro Tern and his bereaved family, now
THEREFORE, BE IT RESOLVED by the House of .Representatives and each member thereof that the deepest and sincere sympathy of each member of said House be extended to the said Speaker Pro Tern Honorable George L. Smith, II, and his family in their hour of bereavement, and
BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon the minutes of this House and that a copy be sent to the Honorable George L. Smith, II, and his family.

190

JOURNAL OF THE HOUSE,

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

HR 8-3a. By Mr. Greene of Crisp: A resolution to reconvey 18 acres of land to Crisp County, formerly conveyed to the state for a farmers' market site; 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, nays 0.
The resolution, having received the requisite constitutional majority, was adop~ed.

HB 11. By Messrs. Jennings and Kidd of Baldwin:
A bill to be entitled an act to provide for the fixing of salaries of employees of the Milledgeville State Hospital; and for other purposes.
Mr. Mitchell of Monroe moved that further consideration of HB 11 be postponed until immediately after the period of unanimous consents on February 17, 1947.
The motion prevailed and further consideration of HB 11 was postponed until February 17, 1947.

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 2.

By Senator Weaver of the 51st:
A bill to be entitled an act to provide that no person shall be elected ordinary of a county having therein a city with a population of 50,000 or more unless such person shall have attained the age of thirty years, and shall have practiced law for three years next preceding his election; and for other purposes.

SB 7.

By Senator Sams of the 26th:
A bill to be entitled an act to amend an act approved March 9, 1937, to provide for exempting honorably discharged veterans of the armed forces of the United States from the payment of drivers' license fees and tax; to provide punishment for the violation of this act; and for other purposes.

MONDAY, FEBRUARY 3, 1947

191

SB 12. By Senator Millican of the 52nd:
A bill to be entitled an act to provide a county manager for counties of over 200,000 population according to 1940 census; and for other purposes.

SB 25. By Senators Mitchell of the 40th, Woodall of the 25th, Dorsey of the 32nd and Huckeba of the 37th:
A bill to be entitled an act to authorize and empower the state board of education to set up, locate, maintain, and operate residential schools for delinquent children of public school age; to authorize and empower the state board of education to purchase real and personal property in the establishment of 8aid schools and to accept and receive gifts and donations from either public or private sources in behalf of said schools; and for other purposes.

SB 27. By Senator Kennon of the 53rd:
A bill to be entitled an act to amend an act approved July 29, 1919, creating and establishing a new charter and municipal government for the City of Adel; and for other purposes.

SB 28. By Senator Kennon of the 53rd:
A bill to be entitled an act to amend an act entitled "Cook board of commissioners created," approved August 12, 1919 (Ga. Laws 1919, pp. 627-636), the same creating a board of commissioners of roads and revenue for Cook County; and for other purposes.
Under the regular order of business, the following resolutions of the House were taken up for consideration:
HR 1913a. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens and Lewis of Hancock:
A resolution directing the secretary of state as to the use of the Great Seal of the State; and for other purposes.
Mr. Elliott of Muscogee asked unanimous consent that further consideration of HR 19-13a be postponed until Tuesday morning, February 4, 1947, immediately following the period of unanimous consents, and the request was granted.

HR 20-13b. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens and Lewis of Hancock:
A resolution providing for the operation of the affairs of the State of Georgia; and for other purposes.

192

JOURNAL OF THE HOUSE.

Mr. Elliott of Muscogee asked unanimous consent that further consideration of HR 2()..13b be postponed until Tuesday morning, February 4, 1947, immediately following consideration of HR 19-13a, and the request was granted.

Under the regular order of business, th; following bill of the House was taken up for consideration and read the third time:
HB 42. By Mr. Pulliam of Elbert:
A bill to be entitled an act to repeal section 801 of chapter 23 of the Code of Georgia iri reference to a vacancy in the office of commissioner of roads and revenues; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 127, nays 2.
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:
HB 50. By Messrs. Jennings and Kidd of Baldwin:
A bill to be entitled an act to repeal an act creating the state board of social security; and for other purposes.
Mr. Kidd of Baldwin moved that further consideration of HB 50 be postponed until Thursday, February 6, 1947, immediately following the period of unanimous consents.
The motion prevailed, and further consideration of HB 50 was postponed until Thursday, February 6, immediately following the period of unanimous consents.

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 53. By Messrs. Davis of Bartow and Garland of Butts:
A bill to be entitled an act to amend the code, so as to provide for jurisdiction of the courts of this state over non-resident motorists using the highways 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 117, nays 1.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 3, 1947

193

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

HB 70. By Messrs. Eve, Morris and Towill of Richmond: A bill to be entitled an act to provide an optional system of consolidated and municipal government with particular reference to tax assessment and collection; and for other purposes.
By unanimous consent, further consideration of HB 70 was postponed until Wednesday, February 5, 1947, immediately following the period of unairlmous consents.
Mr. Key of Jasper moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Mr. Nicholson of Oconee for Tuesday, February 4, 1947.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

194

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, February 4, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the chaplain, Rev. A. W. Bussey of the Jasper Baptist Church.
By unanimous consent, the call of the roll was dispensed with.
Mr. Trulock of Grady, 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 waa confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and paasage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

The following message waa 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 23.

By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act approved March 28, 1935 (Georgia Laws 1935, pages 153, 154 and 155), amending an act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general, by providing that the salary of the chief assistant solicitor general and the salary of the second assistant solicitor general shall be fixed at certain amounts; and for other purposes.

TUESDAY, FEBRUARY 4, 1947

195

SB 29. By Senators Coker of the 39th, Hooks of the 16th, Baker of the 42nd, Arnold of the 50th, Woodall of the 25th, Griftith of the 28th, Sumner of the lOth and Wideman of the 46th:

A bill to be entitled an act to amend an act of the Legislature as to certain sections of the Code regulating the practice of nursing and creating a board of examiners of nurses for Georgia; to eliminate a license for undergraduate nurses; to provide an enforcement officer and investigator; to repeal certain sections of the present Code; and for other purposes.

SB 32. By Senators Daniell of the 49th, Huckeba of the 37th and Wideman of the 46th:
A bill to be entitled an act amending the act approved February 10, 1937, Ga. Laws 1937, pp. 864-869, entitled an act to establish a state board of education, etc., to provide that the elementary grades of the common schools shall embrace grades one to seven, inclusive, and no other, and the high school grades shall embrace the grades eight to twelve, inclusive, and no other, etc.; and for other purposes.

SB 33. By Senator Woodall of the 25th:
A bill to be entitled an act to amend section 32-1006 of the Code of 1933 relating to the classification and compensation of county school superintendents, by striking from lines 12 and 13 of said section as set out to read by section 1 of said 1946 act the words "nor more than $100 per month," and to provide how said section when so amended shall read; and for other purposes.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:

HB 131. By Messrs. Smith of Carroll and Garrison of Habersham: A bill to be entitled an act to create a board of one commissioner for Carroll County; and for other purposes.
Referred to the Committee on Counties and County Matters.

Hij 132. By Mr. Conger of Tift: A bill to be entitled an act to provide for the use of voting machines in counties of a certain population; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 133. By Mr...Witherington of Wilcox: A hill to be entitled an act to abolish the offices of tax collector and tax receiver in the County of Wilcox; and for other purpses.
Referred to the Committee on Counties and County Matters,

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JOURNAL OF THE HOUSE,

HB 134. By Mr. Conger of Tift: A bill to be entitled an act to create and establish in Tift County, a Tift County hospital board; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 135. By Mr. Conger of Tift:
A bill to be entitled an act to amend an act entitled an act to create a board of commissioners of roads and revenue in and for the County of Tift; and for other purposes.
Referred to the _Committee on Counties and County Matters.

HB 136. By Mr. Addleton of Spalding:
A bill to be entitled an act to amend the act providing for the way of obtaining license to operate or engage in the business or making loans under $300.00; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 137. By Messrs. Hicks and Littlejohn of Floyd:
A bill to be entitled an act to provide for the granting of a supersedeas in all cases brought to abate any public nuisances of whatsoever kind or character and the abatement thereof by the padlocking or closing of the business or buildings of the defendant pending an appeal; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 138. By Messrs. Hicks and Littlejohn of Floyd:
A bill to be entitled an act to provide for the exemption from property tax of automobiles and/or other conveyances acquired under the provisions of public law No. 663; and for other purposes.
Referred to the Committee on Ways and Means.

HB 139. By Messrs. Towill, Eve and Morris of Richmond:
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 Richmond; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 140. By Messrs. Towill, Eve and Morris of Richmond:
A bill to be entitled an act to prohibit and to regulate within the territorial limits of any county having a population of not more than 85,000 and not less than 81,000, the sale, the offering, or the exposing for sale of fireworks; and for other purposes.
Referred to the Committee on Counties and County Matters.

TUESDAY, FEBRUARY4, 1947

197

HR 36-140A. By Mr. Welsch of Cobb:
A resolution proposing to amend anicle 7, section 4, paragraph 1 of the Constitution so as to authorize the governing officials of the respective counties to levy and collect a license tax on business in unincorporated areas; and for other purposes.

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

HB 141. By Messrs. Hicks and Littlejohn of Floyd, Addleton and Flynt of Spalding, Greer of Lanier, Adams of Polk and COvington of Floyd:
A bill to be entitled an act to legalize the operation of moving picture shows or theatres on Sunday, to provide hours; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 142. By Messrs. Elliott, Shields and Holleman of Muscogee:
A bill to be entitled an act to vest the title, in fee simple, to parts of blocks Nos. 53 and 54 and to the land lying between said parts of said blocks in the City of Columbus, Muscogee County; and for other purposes.
Referred to the Committee on Municipal Government.

HB 143. By Messrs. Mathis and Johnston of Lowndes: A bill to be entitled an act to amend the charter of the Town of Hahira, Georgia; and for other purposes.
Referred to the Committee on Municipal Government.

HB 144. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend an act entitled an act to amend the chatter of the town of Athens relating to civil service commission, election and qualifica tions; and for other purposes.
Referred to the Committee on Municipal Government.

HB 145. By Messrs. Wells and Joel of Clarke: A bill to be entitled an act to amend an act entitled an act to amend the charter of the town of Athens relating to the city attorney; and for other purposes.
Referred to the Committee on Municipal Government.

198

JOURNAL OF THE HOUSE.

HB 146. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend an act entitled an act to amend the charter of the town of Athens so as to provide a civil service commission; to place the fire department and police department under the said commission; and for other purposes.

Referred to the Committee on Municipal Government.

HB 147. By Messrs. Lewis of Hancock, Key of Jasper, Flynt of Spalding, Kendrick of Fulton, Howard of DeKalb and Hicks of Floyd:
A bill to be entitled an act to amend an act relating to railroad crossings; whistle blowings, etc.; and for other purposes.
Referred to the Committee on Railroads.

Mr. Twitty of Mitchell County, chairman of the Committee on Amendments to Con stitution No. 1, submitted the following report:

Mr. Speaker:
Your Committee on Amendments to Constitution No. 1 has had under consideration the following resolutions of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 1()..12a. Do Pass by substitute.

HR 12-12c. Do Pass.

Respectfully submitted,
Twitty of Mitchell, Chairman

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County
Matters, submitted the following report:
Mr. Speaker: Your Committee on Counties and County Matters has had under consideration the
following bills of the House and has instructed me, as chairman, to report the same back to th.e House with the following recommendations:
HB 48. Do Pass.
HB 110. Do Pass.
HB 109. Do Pass.
HB 92. Do Pass.
HB 124. Do Pass.

TUESDAY, FEBRUARY 4, 1947

199

HB 123. Do Pass. HB 89. Do Pass. HB 108. Do Pass, as amended. HB 111. Do Pass. HB 112. Do Pass. HB 87. Do Pass. HB 102. Do Pass.

Respectfully submitted,
Ramey of Chattooga, 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 has 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 44. Do not Pass. HB 12. Do not Pass. HB 3. Do Pass.

Respectfully submitted,

Lewis of Hancock, Chairman

Mr. Hicks of F).oyd County, chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary No. 2 has had under consideration the following hills of the House and Senate and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HB 54. Do Pass. HB 75. Do Pass. HB 76. Do Pass.

HB 77. Do Pass.

SB 3. Do Pass.

HB 19. Do Pass. HB 17. Do Pass.

HB 18. Do Pass. HB 20. Do Pass. HB 57. Do Pas's.

Respectfully submitted,

Hicks of Floyd, Chairman

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JOURNAL OF THE HOUSE,

Mr. Mathews of Peach County, chairman of the Committee on Military Affairs, submitted the following report:

Mr. Speaker: Your Committee on Military Affairs has had under consideration the following bills
of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:
HB 46. Do Pass.
HB 71. Do Pass.
Respectfully submitted,
Mathews of Peach. Chairman

Mr. Elliott of Muscogee County, vice chairman of the Committee on Rules, submitted the following report:
Mr. Speaker: Your Committee on Rules has had under consideration the following resolution of the
Heuse and has instructed me, as vice chairman, to report the same back to the House with the following recommendations:
HR 1312d. Do Pass, as amended.
Respectfully submitted,
Elliott of Muscogee, Vice Chairman

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following bills
of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:
HB 62. Do Pass.
HB 80. Do Pass.
Respectfully submitted,
Cheek of Franklin, Chairman

TUESDAY, FEBRUARY 4, 1947

201

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 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 96. Do Pass, as amended.

Respectfully submitted,
McCracken of Jefferson, Chairman

Mr: Lovett of Laurens County, chairman of the Committee on Ways and Means, sub
mitted the following report:

Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 105. Do Pass.

Respectfully submitted,
Lovett of Laurens, Chairman

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

SB 3.

By Senator Weaver of the 51st:
A bill to be entitled an act to amend section 61-305 of the Code of Georgia of 1933 providing for a judgment for double rent and when a writ of possession shall issue; and for other purposes.

HB 3. By Mr. Etheridge of Fulton:
A bill to be entitled an act to provide that the jury in all criminal trials shall pass only on the guilt or innocence of the accused; and for other purposes.

HR 10.12-Aa. By Messrs. Twitty of Mitchell, Crowe of Worth, Hobby of Worth, Etheridge of Baker, Brooke of Whitfield and others:
A resolution proposing an amendment to the Constitution to provide for the election of a Governor in case of the death of the Governor-elect; and for other purposes.

202

JOURNAL OF THE HOUSE,

HR 12-12C. By Messrs. Twitty of Mitchell, Crowe of Worth, Hobby of Worth, Etheridge of Baker, Britton and Brooke of Whitfield and others:
A resolution proposing an amendment to the Constitution to elect a Governor by the c(;mnty unit method.

HB 17. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide for .the payment of attorney's fees in all citations for contempt, upon the hearing of such contempt action, against any defendant in any divorce suit or alimony suit for failing to pay alimony that may have been awarded by the court; and for other purposes.

HB 18. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide for the venue of suits and citations for settlement, accounting or removal, against non-resident administrators and executors or guardians appointed by any court of this state; and for other purposes.

HB 19. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide that a brief of evidence in all motions f~r new trial shall be dispensed with and shall not be required in certain cases; and for other purposes.

HB 20. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend code section 24-3104, relating to the compensation of court reporters; and for other purposes.

HB 46. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to provide that honorably discharged veterans who held positions with county or city governments shall not lose seniority on any retirement or pension plan by virtue of their service in the armed forces; and for other purposes.

HB 48. By Mr. Ray of Warren:
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 having a population of not more than 10,240 nor less than 10,230, to pay the tax receivers of said counties the sum of three hundred fifty dollars per year; and for other purposes.

TUESDAY, FEBRUARY 4, 1947

203

HB 54. By Messrs. Davis of Bartow and Garland of Butts:

A bill to be entitled an act to amend an act relating to classes of persons who may be made a witness and cross-examined with the further right of impeachment; and for other purposes.

HB 57. By Mr. Etheridge of Fulton:
A bill to be entitled an act to provide that it shall be lawful for any person, firm, partnership or corporation to pay to the wife of any employee, upon his adjudication as being insane, whatever wages may be due such employee, not to exceed $200.00; and for other purposes.

HB 62. By Messrs. Elliott, Holleman and Shields 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.

HB 71. By Messrs. Nicholson of Oconee, Hefner of Pickens, Dobbs of Gwinnett, Green of Crisp:
A bill to be entitled an act to amend an act providing for the eligibility of applica tions for license to practice dentistry; and for other purposes.

HB 75. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill to be entitled an act to provide for administration upon the estates of persons who are missing; for the probate of the wills of such person; and for other purposes.

HB 76. By Messrs. Gowen of Glynn, Elliott of Muscogee, Garland of Butts:
A bill to be entitled 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; and for other purposes.

HB 77. By Messrs. Gowen of Glynn, Elliott of Muscogee, Garland of Butts:
A bill to be entitled an act to provide a limitation on the time during which an application for a year's support or an additional year's support may be filed; and for other purposes.

204

JOURNAL OF THE HOUSE,

HB 80. By Messrs. Reid an~ Smith of Carroll:

A bill to be entitled an act to amend section 24-820 of the Code of 1933 by striking the entire section and adding in lieu thereof a new section and increasing the fees of the constables of the militia districts; and for other purposes.

HB 87. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to repeal an act entitled an act to requirt! all candidates for the General Assembly in counties having a population between 28,398 and 28,420 to designate and qualify for the seats in the General Assembly from all such counties and to name their incumbent opponents; and for other purposes.

HB 89. By Mr. Ingle of Gordon:
A bill to be entitled an act to amend an act creating the office of commissioner of roads and revenues in and for Gordon County; and for other purposes.

HB 92. By Mr. Garrett of Brooks:
A bill to be entitled an act to authorize and direct the commissioners of Brooks County, Georgia, or the governing authorities that may have charge of the fiscal affairs, to pay compensation to any lawful or law enforcing officer who is or hereafter permanently disabled in line of duty the sum of $100.00 per month; and for other purposes.

HB 96. By Messrs. Hand of Mitchell, Smith of Emanuel, Ray of Warren and others:
A bill to be entitled an act to effect a complete revision of all the laws of this state in any way dealing with the registration and qualification of voters; and for other purposes.

HB 102. By Mr. Lockett of Randolph:
A bill to be entitled an act to amend the several acts creating a board of commissioners of roads and revenues for Randolph County; and for other purposes.

HB 105. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend the general tax act, imposing the tax or license fee on persons, firms, corporations engaged in fortune telling, phrenology, etc. ; and for other purposes.

HB 108. By Mr. Bostwick of Early:
A bill to be entitled an act to amend an act entitled an act to create the office of tax commissioner of Early County; and for other purposes.

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205

HB 109. By Mr. Williams of Mcintosh:
A bill to he entitled an act to repeal an act creating commissioners of Mcintosh County; and for other purposes.

HB 110. By Mr. Williams of Mcintosh:
A bill to be entitled an act to amend an act creating commissioners of Mcintosh County, so as to have said commissioners elected for a term of two years; and for other purposes.

HB 111. By Mr. Wells of Lincoln:
A bill to be entitled an act to provide for the appointment by the sheriff of Lincoln County of a deputy sheriff of Lincoln County; and for other purposes.

HB 112. By Mr. Wells of Lincoln:
A bill to be entitled an act to amend an act to provide for the compensation for the treasurer of Lincoln County; and for other purposes.

HB 123. By Mr. Tuten of Appling:
A bill to be entitled an act to amend an act so as to provide for an increase in the fees of coroners in counties having a population of not less than 14,490 and not more than 14,500; and for other purposes.

By Messrs. Towill, Morris and Eve of Richmond:
A bill to be entitled an act to provide for the continued existence of the public school system of the County of Richmond; and for other purposes.

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

SB 2.

By Senator Weaver of the 51st:
A bill to be entitled an act to provide that no person shall be elected ordinary of a county having therein a city with a population of 50,000 or more unless such person shall have attained the age of thirty years, and shall have practiced law for three years next preceding his election; and for other purpot;es.

Referred to Committee on General Judiciary No. 2.

206

JOURNAL OF THE HOUSE,

SB7.

By Senator Sams of the 26th:
A bill to be entitled an act to amend an act approved March 9, 1937, creating a department of public safety, creating offices and providing for the appointment and pay of incumbents thereof to govern said department, providing for the issuance of drivers' licenses, prescribing penalties for violation, and for other purposes, by adding a sub-section to section 1 of article IV of said act exempting honorably discharged veterans of the armed forces of the United States from the payment of drivers' license fees and tax; to provide punishment for the violation of this act; and for other purposes.

Referred to Committee on Veterans Affairs.

SB 12. By Senator Millican of the 52nd: A bill to be entitled an act to provide a county manager for counties of over 200,000 population according to 1940 census; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 23. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act approved March 28, 1935 (Georgia Laws 1935, pages 153, 154 and 155), entitled an act to amend an act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general of said circuit, and the acts amendatory thereof, by reducing and providing that the salary of the solicitor general shall be fixed at a certain amount per year; by providing that the salary of the chief assistant solicitor general and the salary of the second assistant solicitor general shall be fixed at certain amounts; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 25. By Senators Mitchell of the 40th, Woodall of the 25th, Dorsey of the 32nd and Huckeba of the 37th:
A bill to be entitled an act to authorize and empower the state board of education to set up, locate, maintain, and operate residential schools for delinquent children of public school age; to authorize and empower the state board of education to purchase real and personal property in the establishment of said schools and to accept and receive gifts and donations from either public or private sources in behalf of said schools; and for other purposes.
Referred to Committee on Education No. 2.

SB 27. By Senator Kennon of the 53rd:
A bill to be entitled an act to amend an act approved July 29, 1919, creating and establishing a new charter and municipal government for the City of Adel; and for other purposes.
Referred to the Committee on Municipal Government.

TUESDAY, FEBRUARY 4, 1947

207

SB 28. By Senator Kennon of the 53rd:

A bill to be entitled an act to amend an act entitled "Cook board of commissioners created," approved August 12, 1919 (Ga. Laws 1919, pp. 627-636), the same creating a board of commissioners of roads and revenue for Cook County; and for other purposes.

Referred to the Committee on Counties and County Matters.

SB 29. By Senators Coker of the 39th, Hooks of the 16th and others:
A bill to be entitled an act to amend an act of the Legislature as to certain sections of the code regulating the practice of nursing and creating a board of examiners of nurses for Georgia; to eliminate a license for undergraduate nurses; to provide for the licensing of practical nurses; to provide an enforcement officer and investigator; to repeal certain sections of the present Code; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

SB 32. By Senators Daniell of the 49th, Huckeba of the 37th and Wideman of the 46th:
A bill to be entitled an act to amend the act, approved February 10, 1937, Ga. Laws 1937, pp. 864-869, entitled an act to establish a state board of education, prescribe the qualifications of the members of the board, fix their terms of office and define their duties; and for other purposes.
Referred to Committee on State of Republic.

SB 33. By Senator Woodall of the 25th: A bill to be entitled an act to amend section 32-1006 of the Code of 1933 relating to the classification and compensation of county school superintendents, and to provide how. said section when so amended shall read; and for other purposes.
Referred to Committee on Education No. 2.
Under the rules of the House, the following resolution of the House was taken up for consideration and again read:
HR 13-12d. By Messrs. Gowen of Glynn and Hand of Mitchell: A resolution to amend the rules of the House of Representatives in the interest of efficiency and to remove conflicts in the existing rules; and for other purposes.

208

JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

The Committee on Rules moves to amend HR 13-12d by striking therefrom sections 12 and 13 in their entirety.
Mr. Gowen of Glynn moves to amend section 3 by striking the figures "14" and inserting in lieu thereof the figures "21", and by striking section 5 in its entirety.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 148, nays 0.

The resolution, as amended, was adopted.

Under the regular order of business, the following resolution of the House was taken up for consideration, and read the third time:
HR 19-13a. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens and Lewis of Hancock:
A resolution directing the secretary of state as to the use of the Great Seal of the State of Georgia; and for other purposes.
Mr. Addleton of Spalding moved the previous question, and the call was sustained.
An amendment offered by Mr. Harrison of Jenkins was ruled out of order by the Speaker.
A substitute offered by Mr. Nightingale of Glynn was lost.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the Speaker ordered the roll call, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Towns Adams of Wheeler Addleton Ansley Bargeron Barrett Bennett Black Bostwick

Bradley Briscoe Byrd Callier Chalker Chance Cheek Clark Conger

Cowart Cox Crow of Walker Crowe of Worth Davis Dykes Edenfield Elliott Ellis

TUESDAY, FEBRUARY 4, 1947

209

Etheridge of Baker Flynt Garland Garrard Garrett Glisson Green of Rabun Greene of Crisp Hall Hardin of Glascock Harrison of Jeff Davis Higgs Hill Hobby Holleman Howard of Dawson Huddleston Jennings of Baldwin Johnston of Lowndes Jones Kendrick

Kidd Leverette Lewis of Hancock Lockett Lokey Lovett McCracken McMillan Mann of Rockdale Manous Miller Morrison Moye of Lamar Oden Overby Padgett Pearlman Pennington Pulliam Ramey Ray

Rich Risner Rowland Rucker Salter Shields Sills Smith of Carroll Smith of Emanuel Stevens Thompson Twitty Vickers Walker Watford Wells of Lincoln Williams of Mcintosh Willoughby Witherington Yawn Mr. Speaker

Those voting in the negative were Messrs.:

Adams of Polk Arnall Bagby Battle Britton Brooke Bruton Caldwell Campbell Caswell Cates Causey Cheshire Claxton Coogle Covington Dobbs Dorsey Durden Etheridge of Fulton Evans Eve Evitt

Fowler Freeman Gibbons Gibson Goldberg Gowen Greer Groover Hagan Hardin of Turner Hardy. Harrison of Jenkins Hefner Henderson Hicks Hinson Holbrook Howard of DeKalb Hubert Hurt Ingle Jenkins Joel

Jordan Kemper Kenimer Kenyon Key Knabb Lewis of Greene Littlejohn Long McWhorter Mallard Malone Mann of Henry Mason Massey Mathis Meeks Mitchell Moore of Lumpkin Morgan Morris Moye of Washington Murphy

210

JOURNAL OF THE HOUSE,

Nightingale Phillips Ramsay Reid Sahados Seagraves Skinner

Smith of Chatham Smith of Clayton Smith of Fulton Swindle Towill Trulock Tuten

Tuttle Vandiver Wells of Clarke Williams of Jones Williams of Ware Willingham Wilson

Not voting were Messrs. Anglin, Avera, Beddingfield, Bloodworth, Cochran, Garrison, Gary, Hampton, Harrison of Wayne, Jennings of Sumter, Johnson of' Bulloch, King, Mathews, Mavity, Moore of Taliaferro, Neel, Nicholson, Rainey, Riddlespurger, Smith of Bryan, Smith of Oglethorpe, Welsch, Whaley, and Williams of Toombs.

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

On the adoption of the resolution, the ayes were 90, nays 90.

The resolution was losL

Mr. Elliott of Muscogee gave notice that at the proper time, he would move that the House reconsider its action in failing to adopt HR 19-13a.

Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.

Leave of absence was granted to Mr. Kenyon of Hall for February 5th and 6th.

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

WEDNESDAY, FEBRUARY 5, 1947

211

Representative Hall, Atlanta, Georgia. Wednesday, February 5, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. A. W. Bussey of the Jasper Baptist Church.

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

Adams of Polk Adams of Towns Adams of Wheeler Addleton Anglin Ansley Arnall Avera Bagby Bargeron Barrett Battle Beddingfield Bennett Black Bloodworth Bostwick Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Ca:llier Campbell Caswell Cates Causey Chalker Chance Cheek Cheshire Clark Claxton Cochran Conger Coogle

Covington Cowart Cox Crow of Wa:lker Crowe of Worth Davis Dobbs Dorsey Durden Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Eve Evitt Flynt Fowler Freeman Garland Garrard Garrett Garrison Gary Gibbons Gibson Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Groover Hagan Hall Hampton

Hardin of Glascock Hardin of Turner Hardy Harrison of Jell Davis Harrison of Jenkins Harrison of Wayne Hefner Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of Dawson Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Jennings of Baldwin Jennings of Sumter Joel Johnson of Bulloch Johnston of Lowndes Jones Jordan Kemper Kendrick Kenimer Kenyon Key Kidd King Knabb Leverette

212

JOURNAL OF THE HOUSE,

Lewis of Greene Lewis of Hancock Littlejohn Lockett Lokey Long Lovett McCracken McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Mavity Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington

Murphy Neel Nicholson Nightingale Oden Overby Padgett Pearlman Pennington Phillips Pulliam Rainey Ramey Ramsay Ray Reid Riddles purger Rich Risner Rowland Rucker Sabados Salter Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham

Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Stevens Swindle Thompson Towill Trulock Twitty Tuten Tuttle Vandiver Vickers Walker Watford Wells of Clarke Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Willoughby Wilson Witherington Yawn

Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

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

WEDNESDAY, FEBRUARY 5, 1947

213

5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

By unanimous consent, the following bills and resolutions of the House were intro duced, read the first time, and referred to the committees:
HB 148. By Messrs. Twitty and Hand of Mitchell:
A bill to be entitled an act to authorize the county commissioners of counties of not less than 23,255 and not more than 23,270 to pay a pension to all employees of said counties who have been in continuous service of said counties for a period of thirty-five years or more, and for other purposes.
Referred to Committee on Counties and County Matters.

HB 149. By Messrs. Arnall and Goldberg of Coweta:
A bill to be entitled an act to amend an act to create a new charter for the City of Newnan; and for other p~rposes.
Referred to Committee on Municipal Government.

HB 150. By Messrs. Arnall and Goldberg of Coweta:
A bill to be entitled an act to autliorize the board of commissioners of roads and revenues of Coweta county to establish rules and regulations governing the payment of pensions to county employees; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 151. By Mr. Miller of Miller:
A bill to be entitled an act to repeal an act entitled an act to amend, consolidate and supersede several acts incorporating tlie City of Colquitt; and for other purposes.
Referred to Committee on Municipal GovernmenL

HB 152. By Mr. Miller of Miller:
A bill to be entitled an act to amend an act entitled an act to prohibit livestock running at large within the corporate limits of the City of Colquitt; and for other purposes.
Referred to Committee on Municipal Government.

214

JOURNAL OF THE HOUSE,

HB 153. By Mr. Miller of Miller:
A bill to be entitled an act to repeal an act entitled an act to amend, consolidate and supersede the several acts incorporating the City of Colquitt; and for other purposes.

Referred to Committee on Municipal Government.

HB 154. By Messrs. Glisson of Evans and Caldwell of Troup:
A bill to be entitled an act to authorize and direct the proper fiscal authorities of the County of Evans to pay the sum of $50.00 monthly to the ordinary of said county in addition to the fees and compensation now allowed by law; and for other purposes.
Referred to Committee oil Counties and County Matters.

HB 155. By Mr. Glisson of Evans:
A bill to be entitled an act to amend an act entitled an act to revise and amend the laws of Georgia in respect to the granting of divorces and alimony; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 156. By Mr. Smith of Clayton: A bill to be entitled an act to amend an act to create a commissioner of roads and revenues of Clayton county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 157. By Mr. Smith of Clayton: A bill to be entitled an act to amend the act abolishing the office of tax receiver and tax collector of Clayton county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 158. By Mr. Smith of Clayton: A bill to be entitled an act to create and establish for Clayton county, a county planning commission and board of zoning appeals, and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, FEBRUARY 5, 1947

215

HB 159. By Mr. Bloodworth of Houston:
A bill to be entitled an act to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the superior court in any of the counties of this State having a population of not less than 11,303 and not more than 11,321; and for other purposes.

Referred to Committee on Counties and County Matters.

HB 160. By Mr. Addleton of Spalding:
A bill to be entitled an act to amend an act entitled an act to revise and con solidate the several acts of the General Assembly granting and amending the charter of the City of Griffin; and for other purposes.
Referred to Committee on Municipal Government.

HB 161. By Mr. Bennett of Barrow: A bill to be entitled an act to provide that the salary of the clerk of board of commissioners of roads and revenues of the County of Barrow be not more than $150.00 per month; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 162. By Messrs. Hagan of Screven, P~nnington of Wilkinson, Lewis of Hancock, Harrison of Jenkins, Battle of Schley, Johnston of Lowndes, Holbrook of Forsyth and others: A bill to be entitled an act to authorize and empower the State board of education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; and for other purposes.
Referred to Committee on Education No. 1.
HB 163. By Messrs. Brooke and Britton of Whitfield: A bill to be entitled an act to amend an act providing for the issuance of pistol license by the ordinary, to provide for the fee of pistol license; and for other purposes.
Referred to Committee on Special Judiciary.
HB 164. By Messrs. Brooke and Britton of Whitfield: A bill to be entitled an act to amend an act enlarging the jurisdiction of the court of ordinary; and for other purposes.
Referred to Committee on Special Judiciary.

216

JOURNAL OF THE HOUSE,

HB 165. By Messrs. Brooke and Britton of Whitfield: A bill to be entitled an act to amend an act incorporating the City of Dalton; and for other purposes.
Referred to Committee on Municipal Government.

HB 166. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend an act incorporating the City of Dalton so as to provide for the election and duties of the tax assessors of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 167. By Mr. Mann of Henry:
A bill to be entitled an act to amend an act creating the charter of the City of McDonough; and for other purposes.
Referred to Committee on Municipal Government.

HB 168. By Mr. Mann of Henry: A bill to be entitled an act to amend an act entitled an act to create a board of commissioners of roads and revenues of Henry County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 169. By Messrs. Kenimer of Harris and Garrison of Habersham:
A bill to be entitled an act to amend an act entitled an act to establish a State board of education, prescribe the qualifications of the members of the Board; and for other purposes.
Referred to Committee on State of Republic.

HB 170. By Messrs. Towill, Eve and Morris of Richmond: A bill to be entitled an act to provide for applications for marriage licenses, the issuing of marriage licenses; and for other purposes.
Referred to Committee on Special Judiciary.

HB 171. By Mr. Whaley of Telfair:
A bill to be entitled an act relating to fines and forfeitures accumulating in the superior court of the County of Telfair; and for other purposes.
Referred to Committee on Special Judiciary.

WEDNESDAY, FEBRUARY 5, 1947

217

HB 172. By Messrs. Kidd and Jennings of Baldwin, Ramsey of Stephens, Willingham of Cobb, Eve of Richmond, Neil of Thomas, and others:
A bill to be entitled an act providing and appropriating funds to the regents of the University System of Georgia for the building of a new building for the School of Textile Engineering of the School of Technology, Atlanta; and for other purposes.

Referred to Committee on Special Appropriations.

HR 37112A. By Mr. Hagan of Screven:
A resolution proposing to the qualified voters of the State of Georgia an amend ment to the Constitution of 1945 by adding to paragraph 4, section 1, article 7 a new paragraph providing for the exemption from ad valorem taxation of motor vehicles furnished by the federal government to amputee veterans of World War I; and for other purposes.
Referred to Committee on Military Affairs.

HB 173. By Messrs. Overby of Hall, Dorsey of White and Howard of Dawson:
A bill to be entitled an act to amend an act relating to the election, qualifications, term of office, compensation, bond, etc., of the director of public health; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 174. By Mr. Mathews of Peach:
A bill to be entitled an act to amend an act relating to a petitiOn and order for division and appointment of appraisers to divide property in kind; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 175. By Mr. Mathews of Peach:
A bill to be entitled an act to amend an act providing for the issuance of a warrant of appraisement to appraise the property of deceased persons; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 176. By Messrs. Kenimer of Harris, Stevens of Marion and Lewis of Hancock:
A bill to be entitled an act to amend an act relating to the powers and duties of the county boards of education; and for other purposes.
Referred to Committee on Education No. 2.

218

JOURNAL OF THE HOUSE,

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 following resolu tion of the Senate, to wit:

By Committees on Municipal Government and Committee on Counties and County Matters:
WHEREAS, many local bills have already been received in the Senate from the House pertaining to one particular county; and,
BE IT RESOLVED, that the members of the House be advised through this reso lution that all local bills sent to the Senate by the House must have attached an affidavit from the member or affidavit from the publisher that the bill has been advertised as required by law.

Mr. Walker of Ben Hill County, chairman of the Committee on Game and Fish, sub mitted the following report:

Mr. Speaker:

Your Committee on Game and Fish has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 98. Do Not Pass.

Respectfully submitted,

Walker of Ben Hill, Chairman

Mr. Mason of Morgan County, chairman of the Committee on Agriculture No. 1, sub mitted the following report:

Mr. Speaker:

Your Committee on Agriculture No. 1 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 99. Do Pass, by substitute.

Respectfully submitted,

Mason of Morgan, Chairman

Mr. Ray of Warren County, chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:

Your Committee on Hygiene and Sanitation has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 119. Do Pass.

HB 107. Do Pass.

Respectfully submitted,

Ray of Warren, Chairman

WEDNESDAY, FEBRUARY 5, 1947

219

Mr. Adams of Wheeler County, chairman of the Committee on Motor Vehicles, submitted the following report.

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 85, No Pass.

HB 29. Do Pass.

Respectfully submitted,

Adams of Wheeler, Chairman

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 14. Do Pass, as amended.

HB 122. Do Pass.

HB 126. Do Pass.

HB 141. Do Pass.

Respectfully submitted,

Cheek of Franklin, Chairman

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
SB 14. By Senator Millican of the 52nd:
A bill to be entitled an act to amend act of March 9, 1945, entitled an act to provide for creation of office of judge of superior court, ementus; to create retirement fund, and further amended February 1, 1946, so as to add judges who previously served as judge of a constitutional city court; and for other purposes.

HB 29. By Mr. McCracken of Jefferson:
A bill to be entitled an act to limit the time that suit may be brought against motor carriers for freight overcharges; and for other purposes.

220

JOURNAL OF THE HOUSE,

HB 85. By Messrs. Wilson, Kemper and Vandiver of Bibb and Holleman of Muscogee:
A bill to be entitled an act authorizing the counties of this State to sue and be sued in the courts of this State for damages, personal or property, arising out of or in connection with the operation of county owned automotive vehicles when such vehicle is being used in the normal course of business of the county; and for other purposes.

HB99. By Messrs. Holbrook of Forsyth, Garrison of Habersham and Yawn of Dodge:
A bill to be entitled an act providing for the sale and use of drugs of the sulfanila mide _group for use in the control of livestock and poultry diseases; and for other purposes.

HB 107. By Messrs. Causey of Bacon and Vandiver of Bibb:
A bill to be entitled an act to prohibit and regulate within the State of Georgia the sale, the offering or the exposing for sale of fireworks; to define the term "fireworks" as used in this Act; to regulate the manner and extent to which fireworks may be used; to provide penalties for the violation of this act; and for other purposes.

HB 119. By Messrs. Cates and Bargeron of Burke:
A bill to be entitled an act to empower the several hospital authorities of the State of Georgia created by and under "Hospital Authorities Law"; and for other purposes.

HB 122. By Mr. Addleton of Spalding:
A bill to be entitled an act to provide that all hotels 'be equipped with certain protections and safeguards against fire; and for other purposes.

HB 126. By Messrs. McWhorter, Howard and Hubert of DeKalb and Smith of Clayton:
A bill to be entitled an act to amend an act approved March 9, 1943, providing a salary for the official court reporter of the Stone Mountain Judicial Circuit and the several acts amendatory thereof by providing that such official court reporter shall retain all fees collected for the transcribing of civil cases; and for other purposes.

HB 141. By Messrs. Hicks and Littlejohn of Floyd, Addleton and Flynt of Spalding, Greer of Lanier, Adams of Polk and Covington of Floyd:
A bill to be entitled an act to legalize the operation of moving picture shows or theatres on Sunday, to provide hours; and for other purposes.

WEDNESDAY, FEBRUARY 5, 1947

221

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

HB 89. By Mr. Ingle of Gordon: A bill to be entitled an act to amend an act to create the office of commi~&ioner of roads and revenues in and for 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 92. By Mr. Garrett of Brooks:
A bill to be entitled an act to authorize and direct the officers having charge of the fiscal affairs of Brooks county to pay compensation to any law enforc ing officer who is 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 pas8age of the bill, the ayes were 104, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 102. By Mr. Lockett of Randolph:
A bill to be entitled an act to amend the several acts creating a board of com missioners of roads and revenues for Randolph county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill~ was agret:d to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 108. By Mr. Bostwick of Early:
A bill to be entitled an act to amend an act to create the office of tax commissioner of Early county; and for other purposes.

222

JOURNAL OF THE HOUSE,

The following committee amendment to HB 108 was read and adopted:
The Committee on Counties and County Matters amends HB No. 108 as follows: By striking the words and figures "forty-eight hundred ($4800.00)" wherever they appear and inserting the words and figures "forty-two hundred ($4200.00) ".

The report of the committee, which was favorable to the passage of the bill, as an1ended, was agreed to.

On the passage of the bill, as amended, the ayes were 106, nays 0.

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

HB 109. By Mr. Williams of Mcintosh: A bill to be entitled an act to repeal an act to amend the act creating the board of commissioners of Mcintosh county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 110. By Mr. Williams of Mcintosh: A bill to be entitled an act to amend the act creating the board of commissioners of Mcintosh county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 111. By Mr. Wells of Lincoln: A bill to be entitled an act to provide for the appointment by the sheriff of Lincoln county, of a deputy sheriff; and for other purposes.
The report 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.

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223

HB 112. By Mr. Wells of Lincoln: A bill to be entitled an act to amend an act to provide for the compensation of the treasurer of Lincoln 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
HB48. By Mr. Ray of Warren:
A bill to be entitled an act to authorize the board of commissioners in counties of a certain population to pay additional compensation to the tax receivers, and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 87. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to repeal an act to require candidates for the General Assembly in counties of a certain population to designate and qualify for the seats in the General Assembly and to name their incumbent opponents; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 123. By Mr. Tuten of Appling:
A bill to be entitled an act to amend the Code of Georgia so as to provide for an increase in the fees of coroners in counties having a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The hill, having received the requisite constitutional majority, was passed.

224

JOURNAL OF THE HOUSE,

Mr. Nightingale of Glynn asked unanimous consent that the following bill of the House be recommitted to the Committee on Military Affairs:

HB 71. By Messrs. Nicholson of Oconee, Hefner of Pickens, and others:
A bill to be entitled an act to amend the Code of Georgia providing for eligibility of applicants for license to practice dentistry; and for other purposes.
No objection was heard to the request and the bill was recommitted to the Committee on Military Affairs.

Mr. Elliott of Muscogee moved that the House reconsider its action in failing to adopt the following resolution of the House:

HR 19-13a. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens and Lewis of Hancock:

A resolution directing the Secretary of State as to the use of the Great Seal of the State of Georgia; and for other purposes.

On the motion to reconsider, Mr. Crowe of Worth moved the ayes and nays, and th" call was sustained.

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

Those voting in the affirmative were Messrs:

Adams of Towns Addleton Anglin Ansley Bagby Bargeron Barrett Bennett Bostwick Bradley Briscoe Byrd Callier Caswell Cates Chance Cheek Cochran Conger Coogle Cowart

Cox Crowe of Worth Davis Dykes Edenfield Elliott Ellis Etheridge of Baker Flynt Garland Garrard Garrett Gary Glisson Green of Rabun Greene of Crisp Hall Hardin of Glascock Harrison of Jeff Davis Harrison of Wayne Higgs

Hill Hobby Holleman Howard of DeKalb Huddleston Jennings of Baldwin Johnson of Bulloch Johnston of Lowndes Jones Kendrick Kidd Lewis of Hancock Lockett Lokey Lovett McCracken McMillan Mann of Rockdale Manous Mathews Meeks

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225

Miller Morrison Moye of Lamar Oden Overby Padgett Pearlman Pennington Pulliam Rainey Ramey

Ray Rich Risner Rowland Rucker Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Stevens

Thompson Twitty Tuttle Vickers Walker Wells of Lincoln Whaley Williams of Mcintosh Williams of Toombs Yawn

Those voting in the negative .were Messrs:

Adams of Polk Arnall Avera Battle Beddingfield Bloodworth Britton Brooke Bruton Caldwell Campbell Causey Cheshire Clark Claxton Covington Dobbs Dorsey Durden Etheridge of Fulton Evans Eve Evitt Fowler Freeman Garrison Gibbons Gib8on Goldberg Gowen

Greer Groover Hagan Hardin of Turner Hardy Harrison of Jenkins Hefner Henderson Hicks Hinson Holbrook Hubert Hurt Ingle Jenkins Joel Jordan Kemper Kenimer
K~y
Knabb Leverette Lewis of Greene Littlejohn McWhorter Mallard Malone Mann of Henry Mason Massey

Mathis Moore of Lumpkin Morgan Moye of Washington Neel Nicholson Nightingale Phillips Ramsay Reid Sabados Seagraves Skinner Smith of Chatham Smith of Clayton Smith of Fulton Swindle Towill Trulock Tuten Vandiver Watford Wells of Clarke Welsch Williams of J cnes Williams of Ware Willingham Wilson

Not voting were Messrs. Adams of Wheeler, Black, Chalker, Crow of Walker, Hampton, Howard of Dawson, Jennings of Sumter, Kenyon, King, Long, MaVity, Mitchell, Moore of Taliaferro, Morris, Murphy, Riddlespurger, Salter, Smith of Oglethorpe, Willoughby and Witherington.

226

JOURNAL OF THE HOUSE,

The roll call was verified.

On the motion to reconsider, the ayes were 95, nays 88.

The motion to reconsider prevailed, and HR 19-13a was placed at the foot of the calendar, immediately following HB 105.

Under the rules of the House the following resolution of the House was taken up for consideration:
HR 20-13b. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens and Lewis of Hancock:
A resolution providing for the operation of the affairs of the State of Georgia; and for other purposes.
By unanimous consent, further consideration of HR 20-13b was postponed until Wednesday, February 12, 1947, immediately following the expiration of the period of unanimous consents.
By unanimous consent, the following bill of the House was recommitted to the Committee on Municipal Government:
HB 70. By Messrs. Eve, Morris and Towill of Richmond: A bill to be entitled an act to provide an optional system of consolidated county and municipal government with particular reference to tax assessment and collection; and for other purposea.

Under the regular order of business the following bill of the House was taken up for consideration and read the third time:
HB 3. By Mr. Etheridge of Fulton: A bill to be entitled an act to provide that the jury in all criminal trials shall pass only on the guilt or innocence of the accused; that the trial judge shall pass sentence, after an investigation; and. for other purposes.
Mr. Mitchell of Monroe moved the previous question, and the motion prevailed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 18, nays 122.
The bill, having failed to receive the requisite constitutional majority, was lost.

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227

Under the regular order of business, the following resolutiom of the House were -taken up for consideration:

HR 10-12a. By Messrs. Twitty of Mitchell, Crowe of Worth, Etheridge of Baker, and others:
A resolution proposing an amendment to the constitution to provide for the election of a Governor in the event of the death of the Govemor~lect; and for other purposes.
By unanimous consent, further consideration of HR 10-12a was postponed until Thurs day, February 6, 1947, immediately following the expiration of the period of unanimous consents.

HR 12-12c. By Messrs. Twitty of Mitchell, Crowe of Worth, Etheridge of Baker, and others:
A resolution proposing an amendment to the constitution so as to elect a Governor by the county unit method; and for other purposes.
By unanimous consent. further consideration of HR 12-12c was postponed until Thursday, February 6, 1947, immediately following the expiration of the period of unanimous consents.
Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:

HB 17. By Mr. Hicks of Floyd: A bill to be entitled an act to provide for the payment of att_omey's fees in all citations for contempt, upon the hearing of such contempt action, agaimt any defendant in any divorce suit or alimony suit, for failure to pay alimony; 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 121, nays 9.
The bill, having received the requisite constitutional majority, was passed.

The following resolution of the House was read and adopted:

HR 38. By Messrs. Clark of Liberty, Glisson of Evans, Watford of Long, and Smith of Bryan:

A resolution of the General Assembly to deplore and condemn an act to se11; use,

or dispose of the timber on the lands of the Camp Stewart Military Reservation:

and for other purposes.

228

JOURNAL OF THE HOUSE,

HB 18. By Mr. Hicks of Floyd:
A bill to he entitled an act to provide for the venue of suits and citations for settlement, accounting or removal against non-resident administrators, executors, or guardians appointed by any court 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 120, nays 0.

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

Mr. Dobbs of Gwinnett moved that the House do now adjourn, and the motion was lost.

HB 19.. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide that a brief of evidence in all motions for new trial shall be dispensed with and shall not be required in certain 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, Mr. Hicks of Floyd moved the ayes and nays.

On the passage of the bill, the speaker ordered the roll call, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Ansley Arnall Bagby Bargeron Barrett Beddingfield Black Bloodworth Britton Brooke Bruton Byrd Caldwell Callier Campbell Cates Causey

Chalker Chance Cheek Clark Claxton Cochran Conger Coogle Covington Cowart Cox Crowe of Worth Davis Dobbs Dorsey Dykes Elliott Ellis Etheridge of Fulton Evans

Eve Evitt Flynt Fowler Freeman Garland Garrard Garrett Gibbons Glisson Gowen Green of Rabun Greene of Crisp Groover Hagan Hampton Hardin of Turner Hardy Harrison of Jenkins Hefner

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229

Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Huddleston Hurt Ingle Jenkins Joel Johnston of Lowndes Jones Jordan Kemper Kenimer Kenyon Key Kidd Leverette Lewis of Greene Lewis of Hancock Littlejohn Lockett

Long Lovett McCracken McMillan Mann of Henry Mann of Rockdale Manous Mason Massey Mathis Meeks Mitchell Miller Moore of Lumpkin Morgan Morrison Moye of Washington Neel Nicholson Oden Pennington Phillips Pulliam Ramey Ramsay Reid

Rich Rowland Rucker Sabados Seagraves Shields Skinner Smith of Bryan Smith of Clayton Smith of Emanuel Smith of Fulton Thompson Towill Trulock Twitty Tuten Watford Wells of Clarke Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Willoughby Wilson Witherington Yawn

Those voting in the negative were Messrs.:

Bennett Briscoe Caswell Harrison of Jeff Davis

Hubert Johnson of Bulloch Lokey Mathews

Ray Smith of Carroll Smith of Chatham Vandiver

Not voting were Messrs. Addleton, Anglin, Avera, Battle, Bostwick, Bradley, Cheshire, Crow of Walker, Edenfield, Etheridge of Baker, Garrison, Gary, Gibson, Goldberg, Greer, Hall, Hardin of Glascock, Harrison of Wayne, Henderson, Howard of Dawson, Jennings of Baldwin, Jennings of Sumter, Kendrick, King, Knabb, McWhorter, Mallard, Malone, Mavity, Moore of Taliaferro, Morris, Moye of Lamar, Murphy, Nightingale, Overby, Padgett, Pearl man, Rainey, Riddlespurger, Risner, Salter, Sills, Smith of Oglethorpe, Stevens, Swindle, Tuttle, Vickers, Walker, Wells of Lincoln, Welsch, Williams of Ware, and Willingham.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 138, nays 12.
The bill, having received the requisite constitutional majority, was passed.
Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.
The speaker announced the House adjourned until tomorrow morning at 10 o'clock a. m.

230

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, Fej>ruary 6, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the chaplain, Rev. A. W. Bussey of the Jasper Baptist Church.
By unanimous consent the call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Colnmittee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. 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 177. By Mr. Harrison of Jenkins: A bill to be entitled an act to amend an act entitled an act to establish the city court of Millen; and for other purposes.
Referred to Committee on Special Judiciary.

HB 178. By Mr. Witherington of Wilcox:
A bill to be entitled an act to amend an act entitled an act to create a new charter for the City of Abbeville; to provide for the raising of revenue for supporting and maintaining the city government; and for other purposes.
Referred to Committee on Municipal Government.

THURSDAY, FEBRUARY 6, 1947

231

HB 179. By Mr. Witherington of Wilcox:
A hill to he entitled an act to amend an act entitled an act to reincorporate the town of Abbeville; and for other purposes.

Referred to Committee on Municipal Government.

HB 180. By Messrs. Vandiver of Bibb, Smith of Carroll, Hicks of Floyd, Lewis of Hancock, Bloodworth of Houston, Wilson of Bibb, Davis of Barrow and Kemper of Bibb:
A hill to he entitled an act to provide that any person arrested either under a warrant, imprisoned for any reason, or held incommunicado, shall he given an immediate hearing; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 181. By Messrs. Wells and Joel of Clarke: A hill to he entitled an act to amend an act entitled an act to amend the charter of the town of Athens; and for other purposes.
Referred to Committee on Municipal Government.

HR 39-181A. By Mr. Smith of Clayton:
A resolution directing the treasurer of the State of Georgia to pay the sum of $1,082.00 to Carl F. Pruett of Ellenwood, Georgia, for accident as result of damage by state highway patrol.
Referred to Committee on Special Appropriations.

HR 40-181B. By Mr. Smith of Clayton:
A resolution directing the treasurer of the State of Georgia to pay the sum of $120.00 to J. D. Bloodworth as a result of damages sustained in accident with the state highway patrol.
Referred to Committee on Special Appropriations.

HB 182. By Mr. Mathews of Peach:

A hill to he entitled an act to amend an act relating to distribution, advancement

and year's support; to provide that appraisers appointed to set apart a year's support

to a widow and children shall he appointed from the county where the admin-

istration of the estate of the deceased is pending; and for other purposes.

.

Referred to Committee on General Judiciary No. 1.

232

JOURNAL OF THE HOUSE,

HB 183. By Mr. Mathews of Peach:
A bill to be entitled an act to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the Superior Court in any of the counties of the state having a population of not less than 10,378 and not more than 10,437; and for other purposes.

Referred to Committee on General Judiciary No. 1.

HR 41183C. By Messrs. Kidd and Jennings of Baldwin:
A resolution authorizing the State Properties Commission to sell all the right, title and interest which the State of Georgia has or may have in to a tract of land con taining 15.58 acres in Baldwin County; to provide for the method of sale; and for other purposes.
Referred to Committee on Public Property.

Mr. Kenimer of Harris County, chairman of the Committee on Education No. 1, sub mitted the following report:

Mr. Speaker:
Your Committee on Education No. 1 has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 162. Do Pass.

SB 5. Do Pass.

Respectfully submitted,

Kenimer of Harris, Chairman

Mr. Phillips of Columbia County, chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 84. Do Pass.

Respectfully submitted,

Phillips of Columbia, Chairman

THURSDAY, FEBRUARY 6, 1947

233

Mr. Adams of Wheeler County, chairman of the Committee on Motor Vehicles, sub mitted the following repon:

Mr. Speaker
Your Committee on Motor Vehicles has had under consideration the following bill of the House and has instructed me, as chairman, to repon the same back to the House with the following recommendations:

HB 79. Do Pass.

Respectfully submitted,

Adams of Wheeler, Chairman

Mr. Thompson of Meriwether County, chairman of the Committee on Municipal Government, submitted the following repon:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 166. Do Pass.

HB 153. Do Pass.

HB 145. Do Pass.

HB 151. Do Pass.

HB 106. Do Pass.

HB 152. Do Pass.

HB 149. Do Pass.

HB 144. Do Pass.

HB 115. Do Pass.

HB 2. Do Pass, as amended.

HB 88. Do Pass.

HB 167. Do Pass.

HB 95. Do Pass.

HB 120. Do Pass.

HB 146. Do Pass.

SB 1. Do Pass.

Respectfully submitted,

Thompson of Meriwether, Chairman

234

JOURNAL OF THE HOUSE,

Mr. Welsch of Cobb County, chainnan of the Committee on Railroads, submitted the following report:

Mr. Speaker:
Your Committee on Railroads has had under consideration the following bill of the House and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HB 147. Do Pass.

Respectfully submitted,
Welsch of Cobb, Chairman

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, sub mitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 28. Do Pass.

HB 164. Do Pass.

HB 163. Do Pass.

Respectfully submitted,
Cheek of Franklin, Chairman

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

SB I. By Senator Weaver of the 51st:
A bill to be entitled an act to ratify and confirm sales of certain lands by the City of Macon to W. J. Stripling, as evidenced by deed dated August 18, 1921, and to Cherokee Brick Company, as evidenced by deed dated March 12, 1946, to confirm tile title to the properties covered by said deeds in the present owner, W. S. Dickey Clay Manufacturing Company; and for other purposes.

HB 2. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an act to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; and for other purposes.

THURSDAY, FEBRUARY 6, 1947

235

SB 5.

By Senator Woodall of the 25th and Senator Wideman of the 46th:
A hill to he entitled an act to amend an act approved March 20, 1943, Ga. Laws 1943, pp. 672-676, entitled an act to equalize educational opportunities throughout the state in certain phases of vocational education, said act being set forth in sections 32-2206 through 32-2223 of the 1945 Cumulative Poe. Pt. to the Annotated Code of 1933, by striking and repealing in their entirety all of sections 4 and 7 of said act; by striking from section 6 of said act, in their entirety subparagraphs numbered (I) and (2) and by inserting in lieu, etc.; and for other purposes.

HB28. By Mr. McCracken of Jefferson:
A hill to he entitled an act to authorize and empower county hoards of education to condemn private property for public school purposes, etc.; to provide for approval by state hoard of education of any property or site sought to he con demned before proceedings are instituted; to provide how such proceedings shall he brought; and for other purposes.

HB 79. By Mr. Davis of Bartow:
A hill to he entitled an act to amend code section 68-307 of the Code of Georgia of 1933, to make it unlawful for any person to operate any motor vehicle or motorcycle upon any private way, private street, or on any private property; and for other purposes.

HB 84. By Messrs. Wilson, Kemper and Vandiver of Bibb and Holleman of Muscogee:
A hill to he entitled an act to authorize and empower the counties of this state to carry suitable insurance on any or all automotive vehicles owned and operated by the county; to pay premiums therefor; and for other purposes.

HB 95. By Messrs. Wells and Joel of Clarke:
A hill to he entitled an act to amend the charter of the mayor and council of the City of Athens and acts amendatory thereof; and for other purposes.

HB 88. By Messrs. Wells and Joel of Clarke:
A hill to he entitled an act to amend an act entitled an act to amend the charter of the town of Athens and the various acts amendatory thereof; and for other purposes.

HB 106. By Mr. Conger of Tift:
A hill to he entitled an act to amend an "Act creating and providing a charter for the town of Omega" approved July 30, 1912, by extending the corporate limits of said town of Omega and for other purposes.

236

JOURNAL OF THE HOUSE,

HB 115. By Messrs. Morgan, Groover and Caldwell of Troup:

A bill to he. entitled an act to authorize the mayor and aldermen of the City of West Point to grant, bargain and sell, certain described property; to ratify and affirm any previous sale; and for other purposes.

HB 120. By Messrs. Reid and Smith of Carroll:
A bill to be entitled an act to amend an act approved November 23, 1901, creating and adopting a new charter for the town of Temple; and for other purposes.

HB 144. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend an act entitled "An act to amend the charter of the town of Athens and the various acts amendatory thereof", approved July 31, 1918, amending the act of August 24, 1872, by striking the entire section 2 of said act; and for other purposes.

HB 145. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend an act entitled "An act to amend the charter of the town of Athens and the various acts amendatory thereof', approved March 25, 1935, particularly section 3 of the amending act which prescribes that the city attorney of the City of Athens shall he elected by the qualified voters of said city; and for other purposes.

HB 146. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend an act entitled an act to amend the charter of the town of Athens and the various acts amendatory thereof, approved August 24, 1872, so as to provide a civil service commission for the City of Athens; and for other purposes.

HB 147. By Messrs. Lewis of Hancock, Key of Jasper, Flynt of Spalding and others:
A bill to be entitled an act to amend section 94-506 of the Code of Georgia of 1933, relating to railroad crossings; and for other purposes.

HB 149. By Messrs. Arnall and Goldberg of Coweta:
A bill to be entitled an act to amend an act to create a new charter for the City of Newnan; and for other purposes.

THURSDAY, FEBRUARY 6, 1947

237

HB 151. By Mr. Miller of Miller:
A bill to be entitled an act to repeal an act entitled "An act to amend an act entitled an act to amend, consolidated and supersede several acts incorporating the City of Colquitt"; and for other purposes.

HB 152. By Mr. Miller of Miller:
A bill to be entitled an act to amend an act, approved March 27, 1941 (Georgia Laws 1941, pages 1272-1275), entitled an act to prohibit livestock running at large within the corporate limits of the City of Colquitt, Miller County, Georgia; and for other purposes.

HB 153. By Mr. Miller of Miller:
-A bill to be entitled an act to repeal an act passed by the General Assembly of Georgia, for the year 1946, and approved the 31st day of January, 1946, entitled an act to amend an act entitled an act to amend, consolidate and supersede the several acts incorporating the City of Colquitt, in the County of Miller, and all '- amendments thereto; and for other purposes.

HB 162. By Messrs." Lewis of Hancock, Harrison of Jenkins, Johnston of Lowndes and others:
A bill to be entitled an act to authorize and empower the state board of education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; and for other purposes.

HB 163. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend code section 26-5104 of the Code of 1933 providing for the issuance of pistol license by the ordinary, and to amend code section 26-5105 of the Code of 1933 providing for the fee of pistol license; and for other purposes.

HB 164. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend an act approved February 16, 1938, Ga. Laws 1937-38, Ex. Sess., pp. 558-562, enlarging the jurisdiction of the court of ordinary, etc.; and for other purposes.

HB 166. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend an act of the General Assembly of the State of Georgia, acts 1849-50, page 86, incorporating the City of Dalton and the several acts amendatory thereto; and for other purposes.

238

JOURNAL OF THE- HOUSE,

H 167. By Mr. Mann of Henry:
A bill to be entitled an act to amend an act creating the charter of the City of McDonough, and the several acts amendatory thereof; and for other purposes.
Privileges of the floor were granted to Hon. Chester Byars, judge of the superior courts of the Griffin Judicial Circuit.
Mr. Johnston of Lowndes arose to a question of personal privilege and addressed the members of the House.

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 50. By Messrs. Jennings and Kidd of Baldwin:
A bill to be entitled an act to repeal an act to create a state board of social security; to repeal 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, further consideration of HB 50 was postponed until Tuesday, February 11, immediately following the expiration of the period of unanimous consents.

Under the regular order of business, the following resolution of the House was taken up for consideration and read the third time:
HR 10-12a. By Messrs. Twitty of Mitchell, Crowe of Worth, Etheridge of Baker and many others:
A RESOLUTION
To propose to the people of Georgia an amendment to paragraph 4, section 1 of article 5 of the Constitution of the State of Georgia to provide for the election of a Governor in the event the candidate for Governor who received a majority of the whole number of votes cast in the election dies between the date of the election and the date fixed for publishing the returns and declaring the result thereof by the General Assembly; and for other purposes.

SECTION 1
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that it is hereby proposed to amend the Constitution of the State of Georgia by adding at the end of paragraph 4 of section 1 of article 5 the following:
In the event it shall be determined that the person who received the ma]onty of the whole number of votes cast in the election died between the date of the election and the time for opening and publishing the returns, the General assembly shall provide for a special election to be held not later than sixty days from said date to elect a Governor to fill the balance of said term. In the meantime and until said election, the Governor in office at the time shall be entitled to hold over until his successor has been chosen and qualified.

THURSDAY, FEBRUARY 6, 1947

239

SECTION 2

BE IT FURTHER RESOLVED by the General Assembly of Georgia, that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the constitution at the next general election in 1948 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 electing a Governor by the people." Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words "Against electing a Governor by the people." If a majority of those voting vote for the amendment amending the constitution as herein provided, when the results are certified to the Governor he shall proclaim the amendment as a part of the Constitution of the State of Georgia.

The following committee substitute to HR 10-12a was read:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia of 1945, by striking in its entirety paragraph IV, section I, article V, of the Constitution of Georgia of 1945, which reads as follows:
"Paragraph 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 receiving 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." and substituting in lieu thereof a new paragraph to be known as paragraph IV, section I, article V, of the Constitution of Georgia of 1945, said new section so substituted to provide for, and read, as follows:
"Paragraph 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 of the general election in the presence and under the direction of the General Assembly, and the person receiving the majority of the whole number of votes cast in the general election shall be declared duly elected Governor of this State."
In case the person rece1vmg the ma)onty of the whole number of votes in the general election should, at the time of publishing the returns of said election, be dead, or laboring under any disqualification or disability, or should he fail for any reason to qualify and be inaugurated after being declared duly elected, the General Assembly shall by resolution set a date for a special election, which special election shall be held at a date not less than thirty nor more than sixty days from the date of publishing the returns of the general election, at which special election

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a Governor shall be elected by the people. Should no person receive a majority of the whole number of votes cast in the general election, then the General Assembly by resolution shall set a date for a special election, which special election shall be held at a date not less than thirty nor more than sixty days from the date of publishing the returns of the general election, at which special election a Governor shall be elected by the people. The person receiving the highest number of votes by the people in a special election called by the General Assembly pursuant to the provisions hereof shall be declared to be the duly elected Governor. Where there is a tie between persons receiving the highest number of votes in a special election under the provisions hereof there shall be held another election in not less than twenty nor more than thirty days, the date to be fixed by the General Assembly at which time the person receiving the majority vote shall be declared to be the duly elected Govern_Qr. The General Assembly shall publish and declare the results of any election herein provided within ten days from the date of said election and inaugurate as Governor the person so elected. The General Assembly shall, within ten days after a special election and an election in case of a tie vote, convene, if not then in session, at the State Capitol and publish the returns of the election and the person so elected shall then and there be inaugurated. The regularly elected and qualified Governor in office at the time of the death, disqualification, or disability of the Governor-elect shall hold over and perform the executive duties until the person elected under the provisions hereof shall be qualified and inaugurated. Should the Governor holding over pending a special election, or an election in case of a tie vote, die or resign or become disabled, the Lieutenant Governor shall perform the executive duties until the person elected under the provisions herein is duly qualified and inaugurated. The provisions of this paragraph shall not be construed to modify or change paragraph 7, section 1, of article 5 of the Constitution providing for the Lieutenant Governor to assume the executive powers where the regularly elected Governor dies, resigns or becomes disabled after election, qualification and inauguration; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA.
SECTION 1
That the Constitution of Georgia be amended by striking in its entirety paragraph IV, section I, article V, of the Constitution of Georgia of 1945, which reads as follows:
"Paragraph 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 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." and substituting in lieu thereof a new paragraph to be known as paragraph IV, section I, article V, of the Constitution of Georgia of 1945, said new section so substituted providing for and reading, as follows:
In case the person receiving the majority of the whole number of votes in the general election should, at the time of publishing the returns of said election, be dead, or laboring under any disqualification or disability, or should he fail for

THURSDAY, FEBRUARY 6, 1947

241

any reason to qualify and be inaugurated after being declared duly elected, the General Assembly shall by resolution set a date for a special election which special election shall be held at a date not less than thirty nor more than sixty days from the date of publishing the returns of the general election, at which special election a Governor shall be elected by the people. Should no person receive a majority of the whole number of votes cast in the general election then the General Aseem bly by resolution shall set a date for special election, which special election shall be held at a date not less than thirty nor more than sixty days from the date of publishing the returns of the general election, at which special election a Governor shall be elected by the people. The person receiving the highest number of votes by the people, in a special election called by the General Assembly pursuant to the provisions hereof shall be declared to be the duly elected Governor. Where there is a tie between persons receiving the highest number of votes in a special election under the provisions hereof there shall be held another election in not less than twenty nor more than thirty days, the date to be fixed by the General Assembly at which time the person receiving the majority vote shall be declared to be the duly elected Governor. Tlie General Assembly shall publish and declare the results of any election herein provided within ten days from the date of said election and inaugurate as Governor the person so elected. The General Assembly shall, within ten days after a special election and election in case of a tie vote, convene, if not then in session, at the State Capitol and publish the returns of the election and the person so elected shall then and there be inaugurated. The regularly elected and qualified Governor in office at the time of the death, disqualification, or disability of the Governor-elect shall hold over and perform the executive duties until the person elected under the provisions hereof shall be qualified and inau gurated. Should the Governor holding over pending a special election, or an election in case of a tie vote, die or resign or become disabled, the Lieutenant Governor shall perform the executive duties until the person elected under the provisions herein is duly qualified and inaugurated. The provisions of this para graph shall not be construed to modify or change paragraph 7, section 1, of article 5 of the constitution providing for the Lieutenant Governor to assume the executive powers where the regularly elected Governor died, resigns or becomes disabled after election, qualification and inauguration; and for other purposes."

SECTION 2
That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection at the next general. election in November, 1948, as pro~ided 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 striking in its entirety paragraph IV of section I of article V of the Constitution of Georgia of 1945, and substituting in lieu thereof a new paragraph to be known as paragraph IV, section I, article V of the Constitution of Georgia of 1945." Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words, "Against the amendment striking in its entirety paragraph IV of section I of article V of the Constitution of Georgia of 1945, and substi toting in lieu thereof a new paragraph to be known as paragraph IV, section I, article V, of the Constitution of Georgia of 1945." 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 and returned to the Governor, he shall declare said amendment adopted and make proclamation of the result by publishing the results of said election by one insertion in one of

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the daily papers of this State declaring the amendment ratified, and declaring the substituted section as paragraph IV of section I of article V of the Constitution of the State of Georgia.

By unanimous consent, further consideration of HR 10-12a was postponed until Monday, February 10, 1947, immediately following the expiration of the period of unanimous consents.

Under the regular order of business, the following resolution of the House was taken up for consideration:
HR 12-12c. By Messrs. Twitty of Mitchell, Crowe and Hobby of Worth, Etheridge of Baker, and others.
A resolution proposing an amendment to the Constitution of the State of Georgia providing for the election of a Governor by the county unit method; and for other purposes.
By unanimous consent, further consideration of HR 12-12c was postponed until Monday, February 10, 1947, immediately following the expiration of the period of unanimous consents.

Under the regular order of business, the following bill of the House was taken up for consideration:
HB 20. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend the code relating to the compensation of court reporters for the State of Georgia; and for other purposes.
By unanimous consent, further consideration of HB 20 was postponed until Monday, February 10, 1947, immediately following the expiration of the period of unanimous consents.
Mr. Willingham of Cobb moved that the House do now adjourn until Monday morning, February 10, at 10 o'clock.
On the motion to adjourn, the ayes were 66, nays 57.
The motion prevailed, and the speaker announced the House adjourned until Monday morning; February 10, 194:7, at 10 o'clock.

MONDAY, FEBRUARY 10, 1947

243

Representative Hall, Atlanta, Georgia. Monday, February 10, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the speaker and opened with prayer by the chaplain, Rabbi Alexander Feinsilver of Athens.

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

Adams of Polk Adams of Towns Adams of Wheeler Addleton Anglin Ansley Arnall Avera Bagby Bargeron Barrett Battle Beddingfield Bennett Black Bloodworth Bostwick Bradley Briscoe Britton Brooke Burton Byrd Caldwell Callier Campbell Caswell Cates Causey Chalker Chance Cheek Cheshire Clark Claxton Cochran Conger Co9gle

Covington Cowart Cox Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Eve Evitt Flynt Fowler Freeman Garland Garrard Garrett Garrison Gary Gibbons Gibson Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Groover Hagan Hall Hampton

Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Hefner Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of Dawson Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Jennings of Baldwin Jennings of Sumter Joel Johnson of Bulloch Johnston of Lowndes Jones Jordan Kemper Kendrick Kenimer Kenyon Key Kidd King Knabb Leverette

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Lewis of Greene Lewis of Hancock Littlejohn .Lockett Lokey Long Lovett McCracken McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Mavity Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington

Murphy Neel Nicholson Nightingale Oden Overby Padgett Pearlman Pennington Phillips Pulliam Rainey Ramey Ramsay Ray Reid Riddlespurger Rich Risner Rowland Rucker Sabados Salter Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham

Smith of Clayton Smith of Emanuel Smith of Oglethorpe Smith of Fulton Stevens Swindle Thompson Towill Trulock Twitty Tuten Tuttle Vandiver Vickers Walker Watford Wells of Clarke Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Willoughby Wilson Witherington Yawn

Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of last Thursday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during . the first part of the period of unanimous consents:

1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions: 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

MONDAY, FEBRUARY 10, 1947

245

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:

HB 32. By Messrs. Holleman, Shields and Elliott of Muscogee:
A bill to be entitled an act to authorize officers of any county having population of not less than 70,000 and not more than 80,000, according to 1940 census, etc., who have charge of records, to install and use photostatic equipment in recording and copying records, etc.; and for other purposes.

HB 38. By Mr. Chalker of Pulaski:
A bill to be entitled an act to provide that in counties of a certain population where the solicitors general are on salary basis, the method of distribution and disbursement of funds received from fines and forfeitures in excess of costs as prescribed by law; to provide that said excess funds shall be paid from the county treasury by the treasurer or other proper disbursing officer of said counties; and for other purposes.

HB 63. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to amend section 21-204 of the Code of Georgia of 1933 so as to provide for the appointment by the coroner of a deputy coroner in counties having a population of not less than 75,484 persons and not more than 75,504 persons; and for other purposes.

HB67. By Messrs. Eve, Morris and Towill of Richmond:
A bill to be entitled an act to abolish in counties of this State having a population of between 81,000 and 82,000 according to the U. S. census of 1940, or any future U. S. census, the board of county registrars as formerly created by the election laws of this State, and to provide that the county tax collector or the county tax commissioner, as the case may be, shall be the county registrar in such counties; and for other purposes.

HB 69. By Messrs. Ev,e, Morris and Towill of Richmond:
A bill to be entitled an act .providing for counties having a population between 81,000 and 82,000 under the 1940 U. S. census or any subsequent census, a county planning and zoning commission and a county board of zoning appeals, and providing for their creation, organization, functions and powers; and for the plamiing and zoning of said counties; repealing or superseding conflicting acts and parts of acts; and for other purposes.

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HR38. By Messrs. Clark of Liberty, Glisson of Evans, Watford of Long and Smith of Bryan:
WHEREAS, a resolution was duly passed by the General Assembly of Georgia, at the regular session of 1945, and approved March 6, 1945, as appears in the acts of the General Assembly 1945 on pages 1214 and 1215 in reference to the sale of lands, etc., of Camp Stewart; and for other purposes.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 184. By Messrs. Ray of Warren, Wilson of Bibb, Oden of Pierce and Evitt of Catoosa: A bill to be entitled an act to amend an act by granting additional powers to the chief drug inspector; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 185. By Messrs. Ray of Warren, Wilson of Bibb, Evitt of Catoosa and Oden of Pierce:
A bill to be entitled an act to amend an act by granting to the Georgia board of pharmacy authority to adopt and maintain rules and regulations in regard to the licensing and regulation of the compounding or sales of medicines, drugs, or poi sons; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 186. By Messrs. Ray of Warren, Wilson of Bibb, Evitt of Catoosa and Oden of Pierce:
A bill to be entitled an act to declare it unlawful for any person to open or operate a drug store without first having obtained a permit from the Georgia board of pharmacy; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 187. By Mr. Welsch of Cobb: A bill to be entitled an act to amend the city charter of Acworth; and for other purposes.
Referred to Committee on Municipal Government.

HB 188. By Messrs. Davis and Jenkins of Bartow:
A bill to be entitled an act to increase the fees of coroners, jurors summoned by the coroner, and the sheriff's fees, in connection with the holding of an inquest upon a dead body in counties of a certain population; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, FEBRUARY 10, 1947

247

HB 189. By Messrs. Williams of Mcintosh, Nightingale and Gowen of Glynn: A bill to be entitled an act creating the Georgia coastal scenic highway authority; and for other purposes.
Referred to Committee on State of Republic.

HB 190. By Messrs. Gowen and Nightingale of Glynn: A bill to be entitled an act to authorize and provide for the pensioning of the employees of the County of Glynn; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 191. By Messrs. Gowen of Glynn, Durden of Dougherty, Phillips of Columbia and Addleton of Spalding:
A bill to be entitled an act to provide regulations to protect the occupants of buildings in this State; to establish a building safety council; and for other purposes.
Referred to Committee on Insurance.

HB 192. By Mr. Elliott of Muscogee: A bill to be entitled an act to prescribe the duties, powers and jurisdiction of the State department of veterans service; and for other purposes.
Referred to Committee on Veterans Affairs.

HB 193. By Mr. Elliott of Muscogee: A bill to be entitled an act to establish a veterans education council; to provide for the selection of the members; and for other purposes.
Referred to Committee on Veterans Affairs.

HB 194. By Messrs. Overby and Kenyon of Hall: A bill to be entitled an act to amend the charter of the City of Gainesville; and for other purposes.
Referred to Committee on Municipal Government.

HB 195. By Messrs. Overby and Kenyon of Hall: A bill to be entitled an act to amend an act to establish a city court in the County of Hall; and for other purposes.
Referred to Committee on Municipal Government.

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JOURNAL OF THE HOUSE,

HB 196. By Messrs. Kidd and Jennings of Baldwin and Overby of Hall:
A bill to be entitled an act to make appropriation for the 25% increase in the salaries of all employees making less than $100 per month at the Milledgeville State Hospital; and for other purposes.
Referred to Committee on Special Appropriations.

HB 197. By Messrs. Smith and Reid of Carroll. A bill to be entitled an act to amend an act to establish a retirement system for aged and incapacitated teachers in the State public schools; and for other purposes.
Referred to Committee on Education No. 1.

HB 198. By Mr. Yawn of Dodge: A bill to be entitled an .act to provide that the sheriff of Dodge County and his deputies be paid a salary in lieu of fees and compensation; and for other purposes.
Referred to Committee on Counti~s and County Matters.

HB 199. By Mr. Yawn of Dodge: A bill to be entitled an act to repeal an act to provide for the appointment of a probation officer for Dodge County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB200. By Mr. Yawn of Dodge: A bill to be entitled an act to repeal an act to provide for the appointment of special deputies sheriffs in certain counties; and for other purposes.
Referred to Committee on Counties and County Matters.

HB201. By Mr. Yawn of Dodge: A bill to be entitled an act to repeal an act establishing the city court of East man; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 202. By Mr. Yawn of Dodge:
A bill to be entitled an act to provide that the clerk of the superior court of Dodge County, his deputy clerk and assistants, shall be paid a salary in lieu of fees now collected as compensation for services; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, FEBRUARY 10, 1947 HB 203. By Mr. Yawn of Dodge:
A bill to be entitled an act to amend an act creating the department of revenue and the office of State revenue commissioner, and substituting the name of State revenue commissioner in said section for comptroller general; and for other purposes. Referred to Committee on Public Utilities.
HR 42-203A. By Mr. Hefner of Pickens: A resolution to authorize the State librarian to furnish the County of Pickens with three sets of Georgia Reports, Ga. Appeals Reports; and for other purposes.
Referred to Committee on Public Library.
HR 43-203B. By Messrs. Moye and McMillan of Washington: A resolution to compensate C. R. Jones of Washington county for loss of property caused by the negligence of State employees without fault on the part of the said C. R. Jones; and for other purposes.
Referred to Committee on Special Appropriation.
HB 204. By Messrs. McMillan of Washington, Smith of Carroll, Moye of Washington, Ellis and Vickers of Coffee, and others: A bill to be entitled an act to repeal an act relating to the powers and duties of county boards of education; and for other purposes.
Referred to Committee on Education No. 2.
HB205. By Mr. Yawn of Dodge: A bill to be entitled an act to amend an act to establish the city court of Eastman; and for other purposes.
Referred to Committee on Counties and County Matters.
HB206. By Mr. Yawn of Dodge: A bill to be entitled an act to amend an act to establish the city court of Eastman; and for other purposes.
Referred to Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

HB 207. By Mr. Lovett of Laurens:
A bill to be entitled an act to incorporate the Town of East Dublin in the County of Laurens; and for other purposes.

Referred to Committee on Municipal Government.

HB 208. By Mr. Bloodworth of Houston:
A bill to be entitled an act to amend the charter of the Municipality of Warner Robins; and for other purposes.
Referred to Committee on Municipal Government.

HR 44-207A. By Messrs. Joel and Wells of Clarke:
A resolution authorizing the State librarian to furnish the superior court of Clarke county with certain enumerated volumes of the Georgia Supreme Court and Court of Appeals; and for other purposes.
Referred to Committee on Public Library.

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker: Your Committee on Counties and County Matters has had under consideration the
following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:
HB 90. Do Pass. HB 150. Do Pass. HB 154. Do Pass. HB 131. Do Pass. HB 52. Do Pass. HB 159. Do Pass. HB 128'. Do Pass. HB 156. Do Pass. HB 157. Do Pass. HB 158. Do Pass. HB 139. Do Pass.

HB 168. Do Pass. HB 140. Do Pass. HB 134. Do Pass. HB 135. Do Pass. HB 148. Do Pass. HB 132. Do Pass.

MONDAY, FEBRUARY 10, 1947

251

Respectfully submitted,
Ramey of Chattooga, Chairman

Mr. Murphy of Haralson County, chairman of the Committee on Education No. 2, submitted the following report:

Mr. Speaker:
Your Committee on Education No. 2 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 25. Do Pass.

SB 33. Do Pass.

Respectfully submitted,

Murphy of Haralson, Chairman

Mr. Claxton of Camden, chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined and found properly engrossed, the fol
lowing bills and resolutions of the House, to wit: HR 5. HR 15. HR 16. HB 5. HB 10. HB 15. HB 16. HB 22.

252 HB 23. HB 24. HB 25. HB 30. HB 31. HB 39. HB 13. HB 6. HB 14. HB 37. HB 47. HB 60. HB 61. HB 64. HB 65. HB 21. HB 26. HB 32. HB 38. HB 63. HB 67. HB 68. HB 61J. HB 51. HB 1. HR 8-3A. HB 9. HB 42. HB 53. HB 100.

JOURNAL OF THE HOUSE,

HR 32. HB 17. HB 18. HB 19. HB 48. HB 87. , HB 89. HB 92. HB 102. HB 108. HB 109. HB 110. HB 111. HB 112. HB 123. HR 38.

MONDAY, FEBRUARY 10, 1947

253

Respectfully submitted,
Oaxton of Camden, Chairman

By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
SB 25. By Senators Mitchell of. the 40th, Woodall of the 25th, Dorsey of the 32nd and Huckeba of the 37th: A bill to be entitled an act to authorize and empo~er the State boa~d of education to set up, locate, maintain, and operate residential schools for delinquent children of public school age; and for other purposes.
SB 33. By Senator Woodall of the 25th:
A bill to be entitled an act to amend section 32-1006 of the Code of 1933 relating to the classification and compensation of county sch,ool superintendents, and to provide how said section when so amended shall read; and for other purposes.

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JOURNAL OF THE HOUSE,

.:.

HB 52. By Mr. Padgett of Echols:

A bill to be entitled an act to amend an act to establish a board of commissioners of roads and revenues for the County of Echols; and for other purposes.

HB 90. By Mr. Beddingfield of Dooly:
A bill to be entitled an act to amend an act creating a board of commissioners of roads and revenues for the County o' Dooly so that each road district shall nominate and elect its own commissioner; and for other purposes.

HB 128. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to create a bond commission for DeKalb County school district of DeKalb county; and for other purposes.

HB 131. By Messrs. Smith of Carroll and Garrison of Habersham:
A bill to be entitled an act to create a board of one commissioner for Carroll county; and for other purposes.

HB 132. By Mr. Conger of Tift:
A bill to be entitled an act to provide for the use of voting machines in counties of a certain population; and for other purposes.

HB 134. By Mr. Conger of Tift:
A bill to be entitled an act to cteate and establish in Tift county, Georgia, a Tift county hospital board; and for other purposes.

HB 135. By Mr. Conger of Tift:
A bill to be entitled an act to amend an act approved August 9, 1917, Georgia Laws 1917, p. 396, entitled "an act to create a board of commissioners of roads and revenue in and for the County of Tift"; and for other purposes.

HB 139. By Messrs. Towill, Eve and Morris of Richmond:

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 Richmond; and for other

purposes4

HB 140. By Messrs. Towill, Eve and Morris of Richmond:
A bill to be entitled an act to prohibit and to regulate within the territorial limits of any county in this State having a population of not more than 85,000 and not less than 81,000 according to the United States census of 1940, or by any future census of the United States, the sale, the offering, or the exposing for sale of fireworks; and for other purposes.

MONDAY, FEBRUARY 10, 1947

255

HB 148. By Messrs. Twitty and Hand of Mitchell:

A bill to be entitled an act to authorize the county coiillillsstoners of counties of not less than 23,255 and not more than 23,270 to pay a pension to all employees of said counties who have been in continuous service of said counties for a period of thirty-five years or more; and for other purposes.

HB 150. By Messrs. Arnall and Goldberg of Coweta:
A bill to be entitled an act to autltorize the board of commissioners of roads and revenues of Coweta county to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes.

HB 154. By Messrs. Glisson and Caldwell of Evans:
A bill to be entitled an act to authorize and direct the proper fiscal authorities of the County of Evans to pay the sum of $50.00 monthly to tlte ordinary of' said county in addition to the fees and compensation now allowed by law; and for other purposes.

HB 156. By Mr. Smith of Clayton:
A bill to be entitled an act to create a commissioner of roads and revenues of Clayton county, Georgia; and for other purposes.

HB 157. By Mr. Smith of Clayton:
A bill to be entitled an act to amend the act abolishing the office of tax receiver and the office of tax collector of Clayton county, Georgia, and to create tlte office of county tax commissioner approved August 18, 1925; and for other purposes.

HB 158. By Mr. Smitlt of Clayton:
A bill to be entitled an act to create and establish for Clayton county, a county planning commission and board of zoning appeals; and for other purposes.

HB 159. By Mr. Bloodworth of Houston:
A bill to be entitled an act to provide for tlte distribution of excess or surplus funds in the fine and forfeiture fund of the superior court in any of the counties of this State having a population not less than 11,303 and not more than 11,321; and for other purposes.

256

JOURNAL OF THE HOUSE,

HB 168. By Mr. Mann of Henry:
A- bill to be entitled an act to amend an act entitled an act to create a board of commissioners of roads and revenues of Henry county; to provide for increase in salary of the clerk of the boardof commissioners; and for other purposes.

By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
HB 88. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend an act to amend the charter of the Town of Athens; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requi_site constitutional majority, was passed.

HB 95. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend the charter of the mayor and council of the City of Athens; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 106. By Mr. Conger of Tift:
A bill to be entitled an act to amend an act creating a charter for the Town of Omega; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB US. By Messrs. Morgan, Groover and Caldwell of Troup:
A bill to be entitled an act to authorize the mayor and aldermen of the City of West Point to sell certain property; and for other purposes.

MONDAY, FEBRUARY. 10, 1947

257

The report 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.

liB 120. By Messrs. Reid and Smith of Carroll:
A bill to be entitled an act to amend an act creating a new charter for the Town of Temple; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107~ nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 144. By Messrs. Wells and Joel of Oarke: A bill to be entitled an act to amend an act to amend the charter of the Town of Athens; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 145. By Messrs. Wells and Joel of Clarke: A bill to be entitled an act to amend an act to amend the charter of the Town of Athens; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 146. By Messrs. Wells and Joel of Clarke: A bill to be entitled an act to amend an act to amend the charter of the Town of Athens; 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 110, nays 0.

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

HB 149. By Messrs. Arnall and Goldberg of Coweta: A bill to be entitled an act to amend an act to create a new charter for the City of Newnan; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 151. By Mr. Miller of Miller: A bill to be entitled an act to repeal an act to amend an act to consolidate and supersede the several acts incorporating the City of Colquitt; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 152. By Mr. Miller of Miller: A bill to be entitled an act to amend an act to prohibit livestock from running at large within the corporate limits of the City of Colquitt; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 153. By Mr. Miller of Miller:
A bill to be entitled an act to repeal an act to amend an act to amend, consolidate and supersede the several acts incorporating the City of Colquitt; and for other purposes.

, . . , . . r: i:. MONDAY, FEBRUARY 10, 1947
The report of the committee, ~hi~h was favorabl~. to th~ passage ~f the bfu, was
agreed to.
On the passage of the bill, the aY,es were 11~ nays 0.
The bill, having received the "requisite constitutional --htajorlty, was passed.
':
HB 166. By Messrs. Brooke and Britton of Whitfiel<J: A bill to be entitled an act to amend an act incorporating the City of Dalton; and for other purposes.
The report of the committee, which was favorable to the pa,ssage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 167. By Mr. Mann of Henry:
A bill to be entitled an act to amend an ad creating a charter for the City of
McDonough; and for other purposes.
The report 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 124. By Messrs. Eve, Morris and Towill of Richmond: A bill to be entitled an act to provide for the continued existence of the public school system of the County of Richmond in accordance with the provisions of the Constitution of the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

JOURNAL OF THE HOUSE,
The following communication from the Secretary. of State was read:
State of Georgia Department of State Ben W. Fortson, Jr., Secretary of State Atlanta 3, Georgia Honorable Fred Hand, Speaker of the House of Representatives
Sir: I hereby certify that an election was held in Gilmer County, Georgia, on the 6th day
of February, 1947, for the purpose of electing a Representative of Gilmer County in the General Assembly of the State of Georgia, and that the consolidated return.S, which are of file in this office, show the following results:

GILMER COUNTY FOR REPRESENTATIVE IN GENERAL ASSEMBLY:
Edgar Knight ................................................................... received 881 votes 0. P. Milton .................................................................. received 202 votes

Given under my hand and official seal this lOth day of February, 1947.

(Seal)

Ben W. Fortson, Jr. Secretary of State

Representative-elect Edgar Knight of Gilmer county came forward to the bar of the House and the oath of office was administered by Judge Tom Candler of the Supreme Court of Georgia.
Mr. Hicks of Floyd arose to a question of personal privilege and addressed the House.
Mr. Elliott of Muscogee arose to a question of personal privilege and addressed the House.

The following resolution of the House was read and adopted:
HR 45. By Mr. Smith pf Carroll:
WHEREAS, the calendar of the House of Representatives has become con gested and it will be impossible to even consider many bills during the remainder of said sessions; and,

MONDAY, FEBRUARY 10, 1947

261

WHEREAS, all general measures should have proper consideration and all members being entitled to a reasonable hearing on general matters; and,

WHEREAS, unless the present condition is changed, it will be impossible to have a split session of the Legislature; therefore,

BE IT RESOLVED, that the House of Representatives shall, beginning on this date, convene at 10 o'clock each morning during the remainder of the session and recess at 12:30 o'clock for one hour for lunch, and reconvene at 1:30 o'clock and stay in session until 4 o'clock or until the business for the day is finished and all matters disposed of.

Under the regular order of business, the following resolution of the House was again taken up for consideration:
RR 10.12a. By Messrs. Twitty of Mitchell, Crowe of Worth, Etheridge of Baker, and others:
A resolution proposing an amendment to the Constitution to provide for the election of a Governor in the event of the death of the Governor-elect; and for other purposes.
The following substitute to the committee substitute to HR 10-12a was read:
By Messrs. Durden of Dougherty and Nightingale of Glynn:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia of 1945, by striking in its entirety paragraph IV, section I, article V of the Constitution of Georgia of 1945, and substituting in lieu thereof a new para graph to be known as paragraph IV, section I, article V, of the Constitution of Georgia of 1945, said new section so substituted to provide for, and read, as follows:
_"Paragraph 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 pub lish the returns of the election in the pr~nce and under the direction of the General Assembly; and the person receiving the majority of the whole number of votes cast in the election shall be declared duly elected Governor of this State. Should no person receive a majority of the whole vote in the election, then the General Assembly shall elect a Governor from the two persons who did receive the highest votes in the election. Provided, however, should the governor-elect receiving a majority of the whole vote in the election die or become disqualified after the day of the election and before the day of pub lishing the returns thereof, the Lieutenant-Governor elect shall exercise the executive powers until the next general election for members of the General Assembly, at which election the Governor shall be elected for the unexpired term as provided for in Par. 7, Sec. 1, Article 5 of the Constitution of 1945." and for other purposes.

262

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

sec.That the Constitution of Georgia be amended by striking in its entirety Par.

IV,

1, Art. V, of the Constitution of Georgia of 1945, and substituting in lieu

thereof a new paragraph to be known as Paragraph IV, Section I, Article V, of

the Constitution of Georgia of 1!j45, said new section so substituted providing for,

and reading, as follows:

"Paragraph 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 of the election in the presence and under the direction of the General Assembly; and the person receiving the majority of the whole number of votes cast in the general election shall be declared duly elected Governor of this State. Should no person receive a majority of the whole vote in the election, then the General Assembly shall elect a Governor from the two persons who did receive the highest votes in the election. Provided, however, should the governor-elect receiving a majority of the whole vote in the election die or become disqualified after the day of the election and before the day of pub lishing the returns thereof, the Lieutenant-Governor elect shall exercise the executive powers until the next general election for members of the General Assembly, at which election the Governor shall be elected for the unexpired term as provided for in Par. 7, Sec. 1, Article 5 of the Constitution of 1945."

SECTION 2
That when this amendment shall have been agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election in November, 1948, 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 striking in its entirety paragraph IV of section I of article V of the Constitution of Georgia of 1945, and substituting in lieu thereof a new paragraph to be known as paragraph IV, section I, Article V of the Constitution of Georgia of 1945." Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words, "Against the amendment striking in its entirety paragraph IV of section I of article V of the Constitution of Georgia of 1945, and substituting in lieu thereof a new paragraph to be known as paragraph IV, section I, article V of the Constitution of Georgia of 1945." 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 and returned to the Governor, he shall declare said amendment adopted and make proclamation of the result by publishing the results of said election by one insertion in one of the daily papers of this State declaring the amendment ratified, and declaring the substituted section as paragraph IV of section I of article V of the Constitution of the State of Georgia.
Under the provisions of HR 45, the speaker announced the House recessed until 1:30 p. m., this afternoon.

MONDAY, FEBRUARY 10, 1947

263

2 :00 o'clock, p. m.

The speaker called the House to order.

Further consideration of HR 1012a was resumed.

Mr. Sabados of Dougherty moved that HR 10-12a be recommitted to the committee.

On the motion to recommit, the ayes were 82, nays 85.

The motion to recommit was lost.

Mr. Cochran of Thomas moved the previous question, and the call was sustained.

An amendment offered by Mr. Cheek of Franklin to HR 10-12a was lost.

The following amendment to the committee substitute to HR 10-12a was adopted:
Messrs. Add1eton of Spalding and Smith of Carroll:
Move to amend committee substitute to HR 10-12a by striking from said resolution where the words "popular vote" appear and inserting in lieu thereof the "county unit plan" and to amend said resolution further by adding a new paragraph as follows:
That the special election provided for in this resolution shall be held under what is known as a county unit plan.
An amendment offered by Mr. Garland of Butts to the committee substitute to HR 10-12a was lost.
An amendment offered by Mr. Durden of Dougherty to the Durden-Nightingale substitute to the committee substitute to HR 10-12a was ruled out of order by the speaker.
On the adoption of the substitute offered by Messrs. Durden of Dougherty and Nightingale of Glynn the committee substitute to HR 10-12a, the ayes were 75, nays 95.
The substitute was lost.
On the adoption of the committee substitute, as amended, to HR 10-12a, the ayes were 110, nays 57.
The committee substitute, as amended, was adopted.
The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to, as amended.

264

JOURNAL OF THE HOUSE,

On the adoption of the resolution by substitute, as amended, the speaker ordered the roll call and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Towns Adams of Wheeler Addleton Anglin Ansley Avera Bargeron Barrett Bennett Black Bostwick Bradley Britton Brooke Byrd Callier Caswell Chalker Chance Cheek Oark Cochran Conger Cowart Cox Crow of Walker Crowe of Worth Davis Edenfield Elliott Ellis Etheridge of Baker Eve Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons

Glisson Green of Rabun Greene of Crisp Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Higgs Hill Hobby Holbrook Holleman Howard of Dawson Howard of DeKalb Huddleston Ingle Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jones Jordan Kendrick Kenimer Kidd King Knight Leverette Lewis of Hancock Lockett Long Lovett McCracken McMillan Malone Mann of Rockdale Manous Mathews Meeks Mitchell Miller

Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Oden Overby Pearlman Pennington Pulliam Rainey Ray Risner Rowland Rucker Seagraves Shields Sills Smith of Carroll Smith of Emanuel Smith of Oglethorpe Stevens Swindle Thompson Trulock Twitty Tuten Tuttle Vickers Walker Watford Wells of Lincoln Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

MONDAY, FEBRUARY 10, 1947

265

Those voting in the negative were Messrs.:

Adams of Polk Bagby Bloodwor.th Bruton Caldwell Campbell Causey Oaxton Covington Dorsey Durden Etheridge of Fulton Evans Evitt Gibson Goldberg Gowen Groover Hagan Hampton

Hardy Hefner Henderson Hicks Hinson Hubert Hurt Jenkins Joel Kemper Kenyon Key Knabb Lewis of Greene Littlejohn McWhorter Mallard Mann of Henry Mason Massey

Mathis Moore of Lumpkin Morgan Morris Nightingale Phillips Reid Sabados Skinner Smith of Chatham Smith of Fulton Towill Vandiver Wells of Oarke Welsch Williams of Ware Willingham Wilson

Not voting were Messrs. Arnall, Battle, Beddingfield, Cates, Cheshire, Coogle, Dobbs, Dykes, Freeman, Greer, Hall, Harrison of Jenkins, Lokey, Mavity, Moore of Taliaferro, Padgett, Ramey, Ramsey, Riddlespurger, Rich, Salter, Smith of Bryan and Smith of Clayton.
The roll call was verified.

On the adoption of the resolution by substitute, as amended, the ayes were 122, nays 58.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Mr. Twitty of Mitchell gave notice that at the proper time he would move that the House reconsider its action in failing to adopt HR 10-12a.

Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.

Leave of absence was granted to Mr. Ramsay of Stephens for Monday, February 10, 1947.

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

266

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, February 11, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the chaplain, Rabbi Alexander Feinsilver of Athens.
The call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the Journal of last Monday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

Mr. Thompson of Meriwether gave notice that at the proper time he would submit a motion instructing the Committee on Temperance to report the following bill of the House back to the House:
HB 113. By Messrs. Mitchell of Monroe, Dykes of Bleckley, Lovett of Laurens and many others:
A bill to be entitled an act to increase the revenue of the state; to regulate and control the manufacture, purchase, sale, distribution, transportation, handling, ad vertising and possession of alcohol, etc.; and for other purposes.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the house. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of geqeral bills with local application. 7. First reading and reference of Senate bills and resolutions.

TUESDAY, FEBRUARY 11, 1947

267

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 21. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act approved March 8, 1945, entitled "An act to authorize electric street railroad companies incorporated under the laws of Georgia and engaged in street railroad and bus transportation and in the operation of electric plants, other than hydroelectric plants, for the generation of electric power and the distribution and sale thereof for light, heat and power purposes, to sell and otherwise dispose of their street railroad and bus properties and franchises, etc." so as to make the same applicable to street railway companies owning and operating hydroelectric plants; and for other purposes.

SB 49. By Senator Darby of the 15th:
A bill to be entitled an act to amend an act entitled "An act creating a new charter for the City of Vidalia", approved August 8, 1922, amended by acts of March 28, 1935, and March 2, 1943, by inserting the following in section 1 of the amendatory act of March 28, 1935: "That all persons desiring to become candidates in the primary election in and for the City of Vidalia shall be qualified, registered voters of said city, shall be required to pay the entrance fee and file notice with the clerk of said city at least 30 days before said election"; and for other purposes.

SB 50. By Senator Darby of the 15th:
A bill to be entitled an act to amend an act entitled "An act creating a new charter for the City of Vidalia", approved August 8, 1922, and the acts amendatory thereof, by adding to section 10 thereof, the following provision: "That no person holding an official office in the City of Vidalia shall be qualified to offer as a candidate for an elective office in the City of Vidalia, such person resigns the office he then holds or is offering for reelection to the office he then holds"; and for other purposes.

SB 52. By Senator Parker of the 54th:
A bill to be entitled an act to amend an act creating a board of commissioners of roads and revenues of Appling County, approved February 12, 1945 (Ga. Laws 1945, pages 650656) , by amending section 2; by striking section 6 and providing a new section; and by amending section 7 and 8; and for other purposes.

SR 16. By Senators Weaver of the 51st, Millican of the 52nd and Mason of the 30th:
A resolution calling for the appointment of a joint committee of the House and Senate, to investigate and report on the tardiness of the publication of the acts , of the General Assembly at its 1946 adjourned session; and for other purposes.

268

JOURNAL OF THE HOUSE,

The President has appointed as a committee on the part of the Senate: Senators Weaver of the 51st and Mason of the 30th.

The Senate has passed by the requisite constitutional majority the following hills and resolutions of the House to wit:
HB 15. By Messrs. Hurt and Adams of Polk:
A hill to he entitled an act to repeal an act approved December 27, 1838, Georgia Laws 1838, pages 75-76, incorporating the town of Van Wert in Paulding County, now Polk County, Georgia, as amended by an act approved October 18, 1870, Georgia Laws 1870, pages 220-221, and as amended by act approved February 28, 1876, Georgia Laws 1876, pages 172-173, and as amended by an act approved March 27, 1941, Georgia Laws 1941, page 1776, and to abolish the charter of said town of Van Wert, to provide for a referendum on this hill; and for other purposes.

HR 8-3A. By Mr. Greene of Crisp:
A resolution to reconvey 18 acres of land to Crisp County, formerly conveyed to state for farmers' market site; and for other purposes.

By unanimous consent, the following hills and resolutions of the House were introduced, read the first time, and referred to the committees: HB 209. By Messrs. Dobbs and Jordan of Gwinnett:
A hill to he entitled an act to amend an act to fix the salary of the treasurer of Gwinnett County; and for other purposes. Referred to Committee on Counties and County Matters.
HB 210. By Mr. Pulliam of Elbert: A hill to he entitled an act to provide for holding four terms of the Superior Court of Elbert County; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 211. By Mr. Pulliam of Elbert: A hill to he entitled an act to abolish the city court of Elberton; and for other purposes.
Referred to the Committee on Special Judiciary.

TUESDAY, FEBRUARY 11, 1947
HB 212. By Messrs. McCracken of Jefferson and Phillips of Columbia: A bill to be entitled an act to authori1;e every insurance company organized and aoing business by virtue of the laws of this state to acquire and hold real property for the purpose of renting and leasing same; and for other purposes.
Referred to the Committee on Insurance.
HB 213. By Messrs. McCracken of Jefferson and Phillips of Columbia: A bill to be entitled an act to amend an act relating to organization of boards and directors of insurance companies; and for other purposes.
Referred to the Committee on Insurance.
HB 214. By Mr. Ga~land of Butts: A bill to be entitled an act to provide for home rule for counties electing to come under this act; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 215. By Messrs. Wilson, Vandiver and Kemper of Bibb: A bill to be entitled an act to provide for the counties of this state having a population of not less than 83,783 and not more than 83,799, to employ stenog raphers to take down and transcribe evidence at coroner's inquest; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 216. By Mr. Wilson of Bibb: A bill to be entitled an act to amend an act, relating to deductions from net income; and for other purposes.
Referred to the Committee on Ways and Means.
HB 217. By Mr. Seagraves of Madison: A bill to be entitled an act to amend, consolidate and supersede the several acts incorporating the City of Danielsville; and for other purposes.
Referred to Committee on Municipal Government.
HB 218. By Messrs. Johnston and Mathis of Lowndes: A bill to be entitled an act to amend an act creating a system of retirement pay ments for certain employees of the City of Valdosta; and for other purposes.
Referred to Committee on Municipal Government.

270

JOURNAL OF THE HOUSE,

HB 219. By Mr. Johnston of Lowndes: A bill to be entitled an act to amend an act creating a board of commissioners of roads and revenues for the County of Lowndes; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 220. By Mr. Harrison of Jenkins: A bill to be entitled an act to amend an act creating the office of tax commissioner of Jenkins County; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 221. By Mr. Etheridge of Baker: A bill to be entitled an act to increase the bond of the sheriff of Baker County; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 222. By Messrs. Caldwell and Groover of Troup:
A bill to be entitled an act to increase the fees of coroners' jurors for services in connection with the holding of inquests in counties having a population of not less than 43,875 and not more than 43,885; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 223. By Mr. Twitty of Mitchell:
A bill to be entitled an act to amend an act relating to the right of disabled and indigent veterans and blind persons to peddle or conduct business without a license; and for other purposes.
Referred to the Committee on Veterans Affairs.

Mr. Murphy of Haralson County, chairman of the Committee op. Education No. 2, submitted the following report:

Mr. Speaker:
Your Committee on Education No. 2 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 204. Do Pass, as amended.

Respectfully submitted,
Murphy of Haralson, Chairman

TUESDAY, FEBRUARY 11, 1947

271

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 has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 155. Do Not Pass.

HB 81. Do Pass.

HB 174. Do Pass.

HB 175. Do Pass.

HB 182. Do Pass.

HB 183. Do Pass.

Respectfully submitted,

Lewis of Hancock, Chairman

Mrs. Rainey of Terrell County, chairman of the Committee on Historical RI(Search, submitted the following report:

Mr. Speaker:
Your Committee on Historical Research has had under consideration the following resolutions of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 27-103a. Do Pass.

HR 29-113a. Do Pass.

Respectfully submitted,

Mrs. Rainey of Terrell, Chairman

Mr. Hill of Meriwether County, chairman of the Committee on . Penitentiary, submitted the following report:

Mr. Speaker:
Your Committee on Penitentiary has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 117. Do Pass.

Respectfully submitted,

Hill of Meriwether, Chairman

272

JOURNAL OF THE HOUSE,

Mr. Rowland of Johnson County, chairman of the Committee on Public Library, submitted the following report:

Mr. Speaker:

Your Committee on Public Library has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 42-203a. Do Pass.

Respectfully submitted,

Rowland of Johnson, Chairman

Mr. Bargeron of Burke County, chairman of the Committee on Veterans' Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Veterans' Affairs has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 7. Do Not Pass.

Respectfully submitted,

Bargeron of Burke, Chairman

By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
HB 81. By Mr. Johnson of Bulloch:
A bill to be entitled an act to establish a standard of efficiency and character for shorthand reporters in this state; and for other purposes.

HR 27-103a. By Mr. Garrard of Wilkes:
A resolution creating a commission to act on the part of the state in conjunction with the Eugene Talmadge Memorial Association to select and erect on the capitol grounds a monument to the late Eugene Talmadge; and for other purposes.

HR29-lll3a. By Mr. Campbell of Newton:
A resolution designating certain roads and routes in Georgia to commemorate services of men who served in the armed forces of the U. S. during the war with Spain; and for other purposes.

TUESDAY, FEBRUARY' 11, 1947

273

HB ll7. By Messrs. Covington, Hicks and Littlejohn of Floyd:

A bill to be entitled an act to amend the act approved October 6, 1943, by repealing section 6 (3) of said act relating to the wearing of stripes by convicts; and for other purposes.

HB 174. By Mr. Mathews of Peach:
A bill to be entitled an act to amend section ll3-1019 of the Ga. Code of 1933 relating to a petition and order for division and appointment of appraisers to divide property in kind; and for other purposes.

HB 175. By Mr. Mathews of Peach:
A bill to be entitled an act to amend section 113-1401 of the Ga. Code of 1933 providing for the issuance of a warrant of appraisement to appraise the property of deceased persons; and for other purposes.

HB 182. By Mr. Mathews of Peach:
A bill to be entitled an act to amend chapter 113-10 of the Code of 1933 relating to distribution, advancement and year's support by adding thereto a new section to be numbered as section 113-1002A; and for other purposes.

HB 183. By Mr. Mathews of Peach:
A bill to be entitled an act to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the Superior Court in any of the counties of this state having a certain population; and for other purposes.

HR 42-203a. By Mr. Hefner of Pickens:
A resolution to authorize the state librarian to furnish the County of Pickens with three sets of Georgia Reports, Ga. Appeals Reports, annotated Code of Georgia of 1933, and one set of all legislative bound volumes available as a result of fire which completely destroyed court house of said county; and for other purposes.

HB 204. By Messrs. McMillan of Washington, Smith of Carroll and many others:
A bill to be entitled an act to repeal in its entirety the act approved February 1, 1946, pp. 206-217, 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 boards of education; and for other purposes.

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JOURNAL OF THE HOUSE,

By unanimous consent, the following hills of the House were read the third time and placed upon their passage:

HB 52. By Mr. Padgett of Echols:
A hill to he entitled an act to amend an act to establish a hoard of commissioners of roads and revenues, County of Echols; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 103, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 90. By Mr. Beddingfield of Dooly:
A hill to he entitled an act to amend an act approved March 2, 1943 (Georgia Laws 1943, at pages 951-2) amending an act approved August 13, 1929, entitled an act to amend an act approved August 9, 1919, amending an act creating a hoard of commissioners of roads and revenue for the County of Dooly so that each road district shall nominate and elect its own commissioner; and for othe[ 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, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 128. By Messrs. McWhorter, Howard and Hubert of DeKalh:
A hill to he entitled an act to create a bond commissioner for DeKalh County school district of DeKalh County, Georgia, 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 hill, was agreed to.
On the passage of the hill, the ayes were 105, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 134. By Mr. Conger of Tift:
A hill to he entitled an act to create and establish in Tift County, Georgia, a Tift County hospital hoard, with powers to operate, carry on, manage, maintain and direct Tift County Hospital; 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 106, nays 0.
The hill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 11, 1947

275

HB 135. By Mr. Conger of Tift:
A bill to be entitled an act to amend an act approved August 9, 1917, Georgia Law 1917, p. 396, entitled "An act to create a board of commissioners of roads and revenue in and for the County of Tift."
The report 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 139. By Messrs. Towill, Eve and Morris of Richmond:
A bill to be entitled an act to amend an act entitled "An act to create a hoard of commissioners of roads and revenues for the County of Richmond, to define their powers and duties, and for other purposes", as amended so as to provide for the election of a clerk for said hoard; and for other purposes.
The report 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 150. By Messrs. Arnall and Goldberg of Coweta:
A bill to be entitled an act to authorize the board of commissioners of roads and revenues of Coweta County to establish rules and regulations governing the pay ment 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 ~greed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 154. By Messrs. Glisson of Evans and Caldwell of Troup:
A bill to be entitled an act to authorize and direct the proper fiscal authorities of the County of Evans to pay the sum of $50.00 monthly to the ordinary of said county in addition to the fees and compensation now allowed by law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were" 110, nays 0.
The hill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 156. By Mr. Smith of Clayton:

An act to amend an act to create .a commissioner of roads and revenues of Oayton County, Georgia; to fix his compensation and provide his expense account; to fix his bond and to prescribe his powers and duties; to provide a clerk and for said commissioner and to fix his duties, his bond 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 111, nays 0.

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

liB 157. By Mr. Smith of .Clayton:
A bill to be entitled an act to amend the act abolishing the office of tax receiver and the office of tax collector of Clayton County, Georgia, and to create the office of county tax commissioner, approved August 18, 1925.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 158. By Mr. Smith of Oayton:
A bill to be entitled an act to create and establish for Clayton County, a county planning commission and board of zoning appeals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 168. By Mr. Mann of Henry:
A bill to be entitled an act to amend an act entitled "An act to create a board of commissioners of roads and revenues of Henry County," approved August 8, 1921, and the several acts amendatort thereof; to provide for increase in salary of the clerk of the board of commissioners.

TUESDAY, FEBRUARY 11, 1947

277

The report 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, nays 0. The "bill, having received the requisite constitutional .majority, was passed.

HB 131. By Messrs. Smith of Carroll and Garrison of Habersham:
A bill to be entitled an act to create a board of one commissioner for Carroll County; and for other purposes.

The following amendment to HB 131 was read and adopted:
Messrs. Smith and Reid of Carroll move to amend HB 131 by adding a new section just preceding the repealing clause to be inserted and properly numbered as follows:
Be it further enacted that should there be a general election held during the year 1947, the question of whether or not there should be one commissioner of Carroll shall be submitted to the qualified voters in said election, and if no general election be held during the year 1947, then there shall be a special election for said purpose called by the ordinary of said county not later than the first Tuesday in August 1947, after giving 20 days' notice prior thereto in the local papers of said county at which time the question of whether or not there shall be one commissioner for the County of Carroll shall be submitted to the qualified voters of Carroll County, and those favoring one commissioner shall have written or printed on their ballot "for one commissioner" and those opposing one commissioner shall have written or printed on their ballot "against one commissioner."
Said election shall be called by the ordinary of Carroll County, Georgia, and the expense including advertising and printing of ballots shall be paid out of the county treasury of said county upon warrants being drawn for said purpose as other obligations are paid; and in the event. the majority of voters of said county vote for one commissioner, said law becomes effective on January 1, 1949, as provided in said act and in the event the majority of voters of said county vote against one commissioner, then said act shall be invalid and of no effect.
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, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

By unanimous consent the following general bills with local application were read the third time and placed upon their passage:
HB 140. By Messrs. Towill, Eve and Morris of Richmond:
A bill to be entitled an act to prohibit and regulate, within the territorial limits of counties having a certain population, the sale of fireworks; and for other purposes.

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JOURNAL OF THE HOUSE,

The repon 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 148. By Messrs. Twitty and Hand of Mitchell:
A bill to be entitled an act to authorize the county commissioners of counties of a certain population to pay a pension to all employees of said 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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 159. By Mr. Bloodworth of Houston:
A bill to be entitled an act to provide for the distribution of excess funds in the fine and forfeiture fund of the Superior Court in any of the counties of this state having a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
SB 21. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act approved March 8, 1945, entitled "An act to authorize electric street railroad companies incorporated under the laws of Georgia and engaged in street railroad and bus transportation and in the operation of electric plants, other than hydro.electric plants, for the generation of electric power and the distribution and sale thereof for light, heat and powe; purposes, to sell and otherwise dispose of their street railroad and bus properties and franchises, etc.", so as to make the same applicable to street railway com panies owning and operating hydro-electric plants; and for other purposes.
Referred to Committee on State of Republic.

TUESDAY., FEBRUARY 11, 1947

Z19

SB 49. By Senator Darby of the 15th:

A bill to be entitled an act to amend an act entitled "An act creating a new charter for the City of Vidalia", approved August 8, 1922, amended by acts of March 28, 1935 and March 2, 1943, by inserting the following in section 1 of the amendatory act of March 28, 1935: "That all persons desiring to become can didates in the primary election in and for the City of Vidalia shall be qualified, registered voters of said city, shall be required to pay the entrance fee and file notice with the clerk of said city at least 30 days before said election"; and for other purposes.

Referred to Committee on Municipal Government.

SB 50. By Senator Darby of the 15th:
A bill to be entitled an act to amend an act entitled "An act creating a new charter for the City of Vidalia", approved August 8, 1922, and the acts amendatory thereof, by adding to section 10 thereof, the following provision: "That no person holding an official office in the City of Vidalia shall be qualified to offer as a can didate for an elective office in the City of Vidalia, in any election held in and for said city, unless such person resigns the office he then holds or is offering for reelection to the office he then holds"; and for other purposes.
Referred to Committee on Municipal Government.

SB 52. By Senator Parker of the 54th:
A bill to be entitled an act to amend an act creating a board of comm1ss1oners of roads and revenues of Appling County, approved February 12, 1945, (Ga. Laws 1945, pages 650-656) by amending section 2; by striking section 6 and providing a new section; and by amending section 7 and 8; and for other purposes.
Referred to Committee on Counties and County Matters.

The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the committee:
HB 155. By Mr. Glisson of Evans: A bill to be entitled an act to amend an act to amend and revise the laws of Georgia in respect to the granting of divorces; and for other purposes.
Mr. Twitty of Mitchell moved that the House reconsider its action in failing to adopt the following resolution of the House:

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JOURNAL OF THE HOUSE,

HR 10-12a. By Messrs. Twitty of Mitchell, Crowe of Worth and others:

A resolution proposing an amendment to the Constitution to provide for the election of a Governor in the event of the death of a Governor-elect; and for other purposes.

On the motion to reconsider, the ayes were UO, nays 16.

The motion prevailed, and HR 10-12a was placed on the calendar, immediately following HB 164.

The following resolution was read and adopted:
HR 46. By Messrs. Harrison of Wayne, Hicks of Floyd and Sills of Candler: A resolution providing for a committee for the purpose of inspecting and recommending certain repairs and improvements to the capitol buildings; and for other purposes.

The following resolution of the House was read:
HR 47. By Messrs. Hicks of Floyd, Harrison of Jenkins, Nightingale of Glynn, Dobbs of Gwinnett, Jenkins of Bartow, Mason of Morgan, Littlejohn of Floyd and Williams of Ware:
A resolution expressing confidence in the judiciary of the State of Georgia; and for other purposes.
Mr. Jones of Brantley moved to table HR 47, the motion prevailed, and the resolution was tabled.

The Speaker announced the following committee assignments to Mr. Knight of Gilmer:
State of Georgia House of Representatives
Atlanta
Mr. Knight of Gilmer is to be added to the following committees:
1. State of Republic. 2. Penitentiary. 3. Western and Atlantic Railroad. 4. Conservation. 5. General Agriculture No. 1. 6. Mines and Mining.

TUE~DAY, FEBRUARY 11, 1947 7. Highway No. 1. 8. Special Appropriation. 9. Public Property. 10. Municipal Government. 11. Enrollment. 12. Game and Fish.

281
Fred Hand, Speaker

Under the regular order of business, the following bill of the House was again taken up for consideration:
HB 50. By Messrs. Jennings and Kidd of Baldwin: A bill to he entitled an act to repeal an act creating the state board of social security;- and for other purposes.
By unanimous consent, further consideration of HB 50 was indefinitely postponed.
Under the regular order of business, the following hills and resolutions of the House were taken up for consideration and read the third time:
HR 12-12c. By Messrs. Twitty of Mitchell, Crowe and Hobby of Worth, Etheridge of Baker and others:
Referred to the Committee on Amendments to Constitution No. 1.

A RESOLUTION
To propose to the people of Georgia an amendment to the Constitution by striking therefrom paragraph four of section one of article five and inserting a new paragraph four to provide for the publishing of the returns and declaring the result in the race for Governor.
SECTION 1
Be it resolved by the General Assembly of Georgia that it is hereby proposed to amend the Constitution of the State of Georgia by striking therefrom paragraph four of section one of article five in its entirety and inserting in lieu thereof a new paragraph four of said section and article to read as follows:
"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

282

JOURNAL OF THE HOUSE,

having the maJonty of the whole number of votes, upon a county unit basis as hereinafter set out, shall be declared duly elected Governor of this state; the person receiving the highest number of votes in a county shall be entitled. to two votes for each member of the House of Representatives to which said county is entitled; 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 aR cases of election .of a Governor by the General Assembly, a majority of the members present shall be necessary to a choice. In the event it shall be determined that the person who received the majority of the whole number of votes cast in the election died between the date of the election and the time for opening and publishing the returns, the General Assembly shall provide for a special election to be held not later than sixty days from said date to elect a Governor to fill the balance of said term. In the meantime and until said election, the Governor in office at the time shall be entitled to hold over until his successor has been chosen and qualified."

SECTION 2
Be it further resolved by the General Assembly of Georgia, that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next general election in 1948 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 electing a Governor by the people on a county unit basis". Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words "Against electing a Governor by the people on a county unit basis." If a majority of those voting vote for the amendment amending the Constitution as herein provided, when the results are certified to the Governor he shall proclaim the amendment as a part of the Constitution of the State of Georgia.

The following minority report was read:
The undersigned member of the Committee on Amendments to the Constitution No. 1 recommends that HR 12-l2c do not pass.
Nightingale of Glynn
Mr. Meeks of Union moved the previous question, and the call was sustained.
Mr. Goldberg of Coweta moved that the House reconsider its action in ordering the previous question, and the motion was lost.
An amendment offered by Mr. Causey of Bacon to HR l2-12c was lost.

The following amendment was adopted:
Mr. Twitty of Mitchell moves to amend HR 12-l2c, by adding at the end of section 1 the following language, to wit:

TUESDAY, FEBRUARY 11, 1947

283

All general and special elections for Governor and Lieutenant-Governor shall be on the county unit basis as heretofore set forth.

An amendment offered by Messrs. Howard of DeKalb and Kemper of Bibb was lost..

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 Speaker ordered the roll call, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Towns Adams of Wheeler Addl.eton Anglin Ansley Bagby Bargeron Barrett Battle Beddingfield Bennett Black Bloodworth Bostwick Bradley Briscoe Britton Brooke Byrd Callier Cates Chalker Chance Cheek Cheshire Clark Cochran Conger Coogle Cowart Cox Crow of Walker Cr(}we of Worth Davis Dykes

Edenfield Elliott Ellis Etheridge of Baker Flynt Fowler Garland Garrard Garrett Gary Glisson Green of Rabun Greene of Crisp Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Hefner Higgs Hill Hobby Holleman Howard of DeKalb Huddleston Ingle Jenkins Jennings of Baldwin Jennings of Sumter Johnson of Bullock Johnston of Lowndes Jones Kenimer Kidd Knight Leverette

Lewis of Greene Lewis of Hancock Lockett Lokey Long Lovett McCracken McMillan Malone Mann of Rockdale Manous Mason Mathews Meeks Mitchell Miller Morrison Moye of Lamar Moye of Washington Murphy Nee! Nicholson Oden Overby Pennington Phillips Pulliam Rainey Ray Riddles purger Risner Rowland Rucker Sabados Salter

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JOURNAL OF TiiE HOUSE,

Seagraves Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Smith of Oglethorpe Stevens

Thompson Twitty Tuten Tuttle Vickers Walker Watford Wells of Clarke

Wells of Lincoln Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

Those voting in the negative were Messrs:

Adams of Polk Arnall Avera Bruton Caldwell Campbell Causey Claxton Covington Dobbs Evans Eve Evitt Garrison Gibbons Goldberg Gowen

Groover Hardy Harrison of Jenkins Henderson Hicks Hinson Hubert Hurt Joel Jordan Kemper Kendrick Kenyon Knabb Littlejohn .McWhorter .\lallard

:Mathis .\loore of Lumpkin_ Morgan Morris Nightingale Ramsay Reid Smith of Chatham Smith of Clayton Smith of Fulton Towill Trulock Vandiver Williams of Ware Wilson

Not voting were Messrs. Caswell, Dorsey, Durden, Etheridge of Fulton, Freeman, Gibson, Greer, Hagan, Hall, Hampton, Holbrook, Howard of Dawson, Key, King, Mann of Henry, Massey, Mavity, Moore of Taliaferro, Padgett, Pearlman, Ramey, Rich, Skinner, Swindle, Welsch and Willingham.

The roll call was verified.

On adoption of the resolution, as amended, the ayes were 129, nays 49.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
Mr. Twitty of Mitchell gave notice, that at the proper time, he would move that the House reconsider its action in failing to adopt HR 12-12c.
Under the provisions of HR 45, the Speaker announced the House recessed until 1 :50 P. M., this afternoon.

TUESDAY, FEBRUARY 11, 1947

The Speaker called the House to order.

1:50 P.M.

Under the regular order of business, the following hills and resolutions of the House v;ere taken up for consideration, and read the third time:

HB 20. By Mr. Hicks of Floyd:
A hill to he entitled an act to amend the Code of Georgia in reference to the compensation of court reporters; and for other purposes.
By unanimous consent, further consideration of HB 20 was postponed until Monday morning, February 17, 1947, immediately following the expiration of the period of unanimous consents.

HB 2.

By Messrs. Gowen and Nightingale of Glynn:
A hill to he entitled an act to provide for municipal home rule; and for other purposes.

Mr. Lovett of Laurens 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 2 went over until that time under the order of unfinished business.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, February 12, 1947.

The .House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with, prayer by the chaplain, Rabbi Alexander Feinsilver of Athens.

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

Adams of Polk

Cowart

Hardy

Adams of Towns

Cox

Harrison of Jeff Davis

Adams of Wheeler

Crow of Walker

Harrison of Jenkins

Addleton

Crowe of Worth

Harrison of Wayne

Anglin

Davis

Hefner

Ansley

Dobbs

Henderson

Arnall

Dorsey

Hicks

Avera

Durden

Higgs

Bagby

Dykes

Hill

Bargeron

Edenfield

Hinson

Barrett

Elliott

Hobby

Battle

Ellis

Holbrook

Beddingfield

Etheridge of Baker

Holleman

Bennett

Etheridge of Fulton

Howard of Dawson

Black

Evans

Howard of DeKalb

Bloodworth

Eve

Hubert

Bostwick Bradley

Evitt Flynt

Huddleston Hurt.

Briscoe

Fowler

Ingle

Britton

Freeman

Jenkins

Brooke

Garland

Jennings of Baldwin

Bruton

Garrard

Jennings of Sumter

Byrd

Garrett

Joel

Caldwell

Garrison

Johnson of Bullock

Callier

Gary

Johnston of Lowndes

Campbell

Gibbons

Jones

Caswell

Gibson

Jordan

Cates Causey

Glisson Goldberg

Kemper Kendrick

Chalker

Gowen

Kenimer

Chance

Green of Rabun

Kenyon

Cheek

Greene of Crisp

Key

Cheshire Clark

Greer Groover

Kidd King

Claxton

Hagan

Knabb

Cochran

Hall

Knight

Conger

Hampton

Leverette

Coogle

Hardin of Glascock

Lewis of Greene

Covington

Hardin of Turner

Lewis of Hancock

WEDNESDAY, FEBRUARY 12, 1947

287

Littlejohn Lockett Lokey Long Lovett McCracken McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Mavity Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington Murphy

Neel Nicholson Nightingale Oden Overby Padgett Pearlman Pennington Phillips Pulliam Rainey Ramey Ramsay Ray Reid Riddlespurger Rich Risner Rowland Rucker Sahados Salter Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham

Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Stevens Swindle Thompson Towill Trulock Twitty Tuten Tuttle Vandiver Vickers Walker Watford Wells of Clarke Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Willoughby Wilson Witherington Yawn

Mr. Nicholson of Oconee, chairman of the Committee oR 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 J oumal was confirmed.

Mr. Thompson of Meriwether moved that the Committee on Temperance be instructed
to report the following hill of the House back to the House:
HB 113. By Messrs. Mitchell of Monroe, Dykes of Bleckley, Lovett of Laurens and many others:
A hill to be entitled an act to increase the revenue of the state; to regulate and control the manufacture, purchase, sale, distribution, transportation and handling of alcohol, etc.; and for other purposes.
On the motion, the ayes were 85, nays 47.

288

JOURNAL OF THE HOUSE,

The motion prevailed, and the Committee on Temperance was instructed to report HB 113 back to the House.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uticontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

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 9. By Messrs. Twitty and Hand of Mitchell:
A bill to be entitled an act to amend the charter of the City of Camilla, to provide for a city manager form of government for said city; and for other purposes.

HB 31. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to amend an act entitled an act to combine the depart ment of health of the City of Columbus with the department of health of Muscogee County, etc., by providing that either the chairman of the board of commissioners of roads and revenue's' of Milscogee County or some other member, or the clerk, or the secretary of the board of commissioners of roads and revenues appointed by the board of commission of roads and revenues of Muscogee County, shall be one of the seven members composing the county board of health; and for other purposes.

HB 37. By Messrs. Bargeron and Cates of Burke:
A bill to be entitled an act to amend the charter of the City of Waynesboro; and for other purposes.

WEDNESDAY, FEBRUARY 12, 1947
HB 60. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act to amend an act entitled an act to amend an act to abolish the justice courts, and office of the justice of the peace and office of notary public, etc., and to establish and create in lieu thereof a municipal court in and for the City of Columbus; and for other purposes.
HB 64. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act to amend the charter of the City of Columbus, Georgia, so as to empower said city to assist its employees and officers, and members of certain city administrative boards, including family dependents, in securing and maintaining policies of hospitalization insurance, which policies may include other incidental benefits; authorizing appropriations by the city therefor; and for other purposes.
HB.65. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act to amend an act entitled an act to authorize the City of Columbus to sell and convey any part or all of the tract of land in said city known as "Motts Green"; and for other pilrposes.
The Senate has passed by substitute by the requisite constitutional majority the followin, bill of the House to wit:
HB 61. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act amending the charter of the City of Columbus, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city; and for other purposes.
By unanimous consent, the following bills and resolutions of the House were introdeed, 1 ead the first time, and referred to the committees:
HR 48-223A. By Messrs. McMillan of Washington and Harrison of Jenkins: A resolution for appointment of joint committee by Senate and House to investigate and study proposals touching upon the subject of fire protection and the safeguarding of human life with respect thereto; and for other purposes.
Referred to the Committee on Rules.
HB 224. By Messrs. Bruton of Cook, Swindle of Berrien and Johnston of Lowndes: A bill to be entitled an act to regulate the weighing of leaf tobacco sold upon the floors of leaf tobacco warehouses; and for other purposes.
Referred to the Committee on General Agriculture No. 1.

290

JOURNAL OF THE HOUSE,

HB 225. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act empowering the City of Columbus to sell and convey fee simple title to all or any part of that certain tract of land now a part of Seventh Avenue in the City of Columbus; and for other purposes.

Referred to the Committee on Municipal Government.

HB 226. By Messrs. Welsch and Willingham of Cobb:
A bill to be entitled an act to amend the charter for the City of Marietta with reference to business licenses; and for other purposes.
Referred to the Committee on Municipal Government.

HB 227. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing the criminal court of Fulton County, by fixing the salary of the solicitor general of said court; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 228. By Messrs. Johnston and Mathis of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta; and for other purposes.
Referred to the Committee on Municipal Government.

HB 229. By Messrs. Elliott of Muscogee, Hubert of DeKalb, Shields and Holleman of Muscogee and Kemper of Bibb:
A bill to be entitled an act to amend the "motor fuel tax law"; and for other purposes.
Referred to Committee on State of Republic.

HB 230. By Messrs. Howard, Hubert and McWhorter of DeKalb, Mann of Rockdale, Campbell of Newton and Smith of Clayton:
A bill to be entitled an act to amend an act fixing the salary of the solicitor general of the Stone Mountain Circuit; and for other purposes.
Referred to Committee on Special Judiciary.

WEbNESDAY, FEBRUARY 12, 1947

HB 231. By Messrs. Etheridge, Kendrick and Smith of Fulton:

A bill to be entitled an act establishing a juvenile court in certai~ ~unties; and

for other purposes.

Referred to Committee on Counties an~ County Matters.

HB 232. By Mr. Hicks of Floyd: A bill to be entitled an act to provide for tlie compensation of oourt reporters appointed by the judge of the Superior Court; and for otlier purposes.
Referred to the Committee on General Judiciary No. 1.

HB 233. By Mr. Leverette of Putnam: A bill to be entitled an act to amend an act relating to grounds for total divorce; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 234. By Messrs. Brooke and Britton of Whitfield and Twitty of Mitchell:
A bill to be entitled an act to require the inoculation of dogs against rabies; to provide for the creation. of the office of county rabies inspector; and"for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 235. By Messrs. Kenyon and Overby of Hall: A bill to be entitled an act to amend an act entitled "Gainesville retirement fund"; and for other purposes.
Referred to the Committee on Municipal Government.

HB 236. By Mr. Nicholson of Oconee: A bill to be entitled an act to amend code section 30-123 of the Code of Georgia of 1933 pertaining to publication of divorce actions; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 237. By Mr. Smith of Emanuel: A bill to be entitled an act to prescribe economic regulation of air commerce in Georgia; and for other purposes.
Referred to Committee on Aviation.

292

JOURNAL OF THE HOUSE,

HR 50-236A. By Messrs. Twitty of Mitchell and Gowen of Glynn:

A resolution proposing an amendment to the Constitution to provide for the qualifications of electors; and for other purposes.

Referred to Committee on Amendments to Constitution No. 1.

Mr. Rowland of Johnson County, chairman of the Committee on Public Library, submitted the following report:

Mr. Speaker:
Your Committee on Public Library has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 44-207a. Do Pass.

Respectfully submitted,

Rowland of Johnson, Chairman

By unanimous consent, the following resolution of the House, favorably reported, was read the second time:
HR 44-207a. By Messrs. Wells and Joel of Clarke:
A resolution authorizing the state librarian to furnish to the Superior Court of Clarke Counry certain volumes; and for other purposes.

By unanimous consent, the following general bill with local application, was read the third time, and placed ripon its passage:
HB 183. By Mr. Mathews of Peach:
A bill to be entitled an act to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the Superior Court in counties of a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 12, 1947

293

Mr. Twitty of Mitchell moved that the House reconsider its action in failing to adopt the following resolution of the House:

HR 12-12c. By Messrs. Twitty of Mitchell, Crowe and Hobby of Worth, Etheridge of Baker and others:
A resolution proposing an amendment to the Constitution to elect a Governor by the county unit method; and for other purposes.
The motion to reconsider prevailed, and HR 12-12c was placed on the calendar im mediately following HB 204.

The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 61. By Messrs. Elliott, Holleman and Shields of Muscogee:

A bill to be entitled an act to amend the charter of the City of Columbus, so as

to empower said city to grant pensions and retirement benefits to officers and

employees of said city; and for other purposes.

'

The follow~ng Senate substitute to HB 61 was read:
By the Senate:
A bill to be entitled an act amending the charter of the City of Columbus, Georgia, as heretofore amended by the act approved March 24, 1941, entitled "An act amending the charter of the City of Columbus, Georgia, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city, with certain exceptions and subject to certain conditions; to provide for the maintenance of a fund from which such pensions and benefits shall be paid; to provide for contribution to said fund by said city, said officers and employees; to provide how and by whom said fund shall be handled and said pensions and benefits shall be paid; to provide that such fund and said pensions and benefits shall at no time be subject to garnishment, attachment or judgment, nor be assignable by bene ficiaries; to provide that said city shall have full power to adopt all ordinances to regulate and make such system of pensions and benefits effective; to provide when certain existing powers of the city relating to pensions shall become inoperative; and for other purposes", this additional amendment providing that in lieu of handling and administering said pension and retirement fund through a board of trustees or a trustee, the commission of the City of Columbus may enter into a contract or contracts with an insurance company or companies for the handling and administration of said fund, or any part thereof; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME AS FOLLOWS:
Section I. That that certain act of the General Assembly of Georgia approved March 24, 1941, entitled "An act amending the charter of the City of Columbus, Georgia, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city, with certain exceptions and subject to certain conditions; to provide for the maintenance of a fund from which such pensions and benefits shall be paid; to provide for contribution to said fund by said city,

JOURNAL OF THE HOUSE,
said officers and employees; to provide how and by whom said fund shall he handled and said pensions and benefits shall be paid; to provide that said fund and said pensions and benefits shall at no time he subject to garnishment, attachment or judgment, nor be assignable by beneficiaries; to provide that said city shall have full power to adopt all ordinances to regulate and make such system of pensions and benefits effective; to provide when certain existing powers of the city relating to pensions shall become inoperative; and for other purposes", be, and it is, hereby amended by adding thereto a new section, to he known as "Section 7", and to read as follows:
"Section 7. That in lieu of the handling and administering of said pension and retirement fund through a hoard of trustees or a trustee, the commission of the City of Columbus, in behalf of said city, may enter into a contract or contracts with an insurance company or companies, for the handling and administration of said fund, or any part thereof, on such terms and conditions including the vesting of officer and employee rights to the contributions to the fund made by the city, provisions for retirement benefits based on past service and provision for the requirement of the completion by an officer or employee of a prescribed period of service for eligibility for coverage, and by making such appropriation, as the commission may, in its discretion, deem proper in order to carry out the terms and intention of this act. The power hereby given shall he liberally construed."
Section II. That all laws or parts of laws in conftict herewith are hereby repealed.
Mr. Elliott of Muscogee moved that the House agree to the Senate substitute to HB 61.
On the motion to agree, the ayes were 103, nays 0.
The Senate substitute to HB 61 was agreed to.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:
HB2. By Messrs. Gowen and Nightingale of Glynn:
A hill to he entitled an act to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; a11d for other purposes.
Mr. Jones of Brantley moved that further consideration of HB 2 he postponed indefinitely.
The motion was lost.
Under the provisions of HR 45, the Speaker announced the House recessed until I :30 o'clock this afternoon.

WEDNESDAY, FEBRUARY 12, 194 The Speaker called the House to order.

295 I :30 o'clock, P. M.

The following resolution of the House was read and referred to the Committee on Drainage:
HR49. By Messrs. Williams of Toombs, Wells of Clarke, Malone of Laurens and many others: A resolution in reference to debate in the House; and for other purposes.
Further CQnsideration of HB2 was resumed. Mr. Ray of Warren moved the previous question, and the call was sustained.

The following amendments were read and adopted:
Messrs. Williams of Mcintosh, Black of Webster, Caldwell of Troup, Crow of Walker and others moved to amend HB 2 by adding a new paragraph to be appropriately numbered and to read as follows:
"The provisions of this act shall not apply to the following counties, nor to any municipality or municipalities within the limits of the following counties: Mcintosh, Webster, Troup, Walker, Wheeler, Montgomery, Treutlen, Spalding, Telfair, Long, Liberty, Brantley, Pulaski, Candler, Quitman, Baker, Coffee, Miller, Chattooga, Pierce, Wilkes, Hancock, Bleckley, Dodge, Laurens, Twiggs, Gilmer, Johnson, Wilkinson, Tattnall, Decatur, Irwin, Worth, Jeff Davis, Muscogee, Evans and Bryan."
Messrs. Smith of Emanuel and Wilson of Bibb:
Move to amend HB 2 by striking from subparagraph (b) of section 3 the words and figures "ten per cent (10%)" and inserting in lieu thereof the words and figures "(25%) twenty-five per cent" and by striking from subparagraph (b) of section 3 the words and figures "ten per cent (10%)" and inserting in lieu thereof the words and figures "(25%) twenty-five per cent".
Mr. Willoughby of Clinch moves to amend HB 2 as follows:
By striking from section 4 the following words: "Any city having twenty-five hundred (2500) population or more may frame", and inserting in lieu thereof the following: "Any city or town may frame".
Mr. Davis of Bartow moves to amend HB 2 by striking subsection C of section 4 thereof and inserting in_lieu thereof the following to be known as subsection C of s~ction 4:
(c) If such question be submitted under the provisions of subparagraphs A or B of this section, any person may become a candidate to serve upon such commission by filing a notice of such intentions with the city clerk, or other official in charge of city elections, not less than 30 days prior to the election at which such question

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is to be submitted. The names of such candidates shall be printed on the same ballot with the question in alphabetical order, without party designation. Each voter shall vote for not more than seven (7) such candidates.

The committee moves to amend HB 2 as follows:
By adding at the end of subsection (a) of paragraph 5 the words "and electric generating plants and distribution systems", and by adding to subsection (d) of section 5 between the words "water" and "and sewer bonds" the words "electric generating plants and distribution systems".

Mr. Gowen of Glynn moves to amend HB No.2 as follows:
By changing the comma at the end of subsection (a) of paragraph 5 to a semi colon and adding the following: "Provided that the municipal governing authority shall not have the right to fix or change their own terms or compensation."
And he further moves to amend subparagraph (a) of section 6 of the said bill by changing the period at the end to a semi-colon and adding "Provided that the municipal governing authority shall not have the right to fix or change their own terms or compensation."

Messrs. Mathews of Peach and Addleton of Spalding moves to amend HB 2, known as the municipal home rule law of 1947, by striking therefrom subsection (J) of section five (5) thereof; and substituting in lieu thereof the following:
(J) By adopting a charter in conformity with said foregoing provisiOns, no city or municipality shall secure any right or authority, other tha'n as now provided in existing charters or in existing general laws, to grant any franchise to any electric power company or other public utility; and any restriction or restrictions, now contained in any existing charter of any municipality or city, against the grant of rights or franchises to any public utility or against the sale of any property to any public utility without an affirmative vote in favor of the grant of such rights or franchises or in favor of the sale of such property in such manner and amount as now, provided in said charters of said cities and municipalities, shall remain in full force and effect regardless of whether or not any charter is adopted, or amended, in conformity with the provisions of this act.

Mr. Gowen of Glynn moves to amend HB 2 by adding a new section to be known as section 5-A, and to be inserted immediately after section 5, to read as follows:
"Section 5-A. Any 'Class A' city as defined in this act may come under the provisions of this act and retain its present corporate charter instead of having a new charter framed if the legislative body of the city submits to the voters the question: 'Shall this city come under the provisions of the municipal home rule law of 1947 and retain its present charter with the right to amend the same under the terms of said act?' If a petition signed by 25% twenty-five per cent of the voters of the city prepared in the manner as set forth in subparagraph (b) of section 4 is filed asking for the submission of the said question, it shall be obligatory upon the legislative authority to call an election therefor. Such election in either case shall be called and held in the same manner and under the same provisions as set forth in subparagraph (b) of paragraph 4 of this act, except that no charter commission shall be elected. If a majority of the voters participating in such election

WEDNESDAY, FEBRUARY 12, 1947 favor the affirmative, such city shall have the power to amend its charter in the manner set forth in section 4 hereof, and it shall also have all of the powers granted under section 5 hereof."
Messrs. Hubert, McWhorter and Howard of DeKalb moves to amend HB 2 by adding to section 8 thereof the following:
"Nothing contained in this act shall be construed to authorize any municipalities of Georgia to alter, extend or enlarge the corporate limits of such municipalities unless such authority is specifically provided for in the present charter of such municipality or the general law of the State of Georgia."
The following amendment was read:
Mr. Garland of Butts moves to amend HB 2 by striking the word "majority" in the last sentence of subparagraph (b) of section 7 and inserting in lieu thereof the words "twothirds".
The following amendment to the amendment was read and adopted:
Mr. Gowen of Glynn moves to amend the Garland amendment to HB 2 by adding at the end the words "of the registered voters".
The amendment, as amended, was adopted.
By unanimous consent, the House instructed the clerk to take all of the amendments relating to the exemptions of counties and municipalities from the provisions of HB 2, and incorporate same in one amendment.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 114, nays 40.
The bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Jones of Brantley asked that the Journal show that he voted "nay" on HB 2.
The following members asked that the Journal show that they voted "aye" on HB 2: Messrs. Mathews of Peach, Causey of Bacon, Malone of Laurens, Moye of Lamar and Williams of Jones.

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Under the regular .order of business the following resolution of the House was taken up for consideration:

HR 20-13b. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens and Lewis of Hancock:
A resolution providing for the operation of the affairs of the State of Georgia; and for other purposes.
By unanimous consent, further consideration of HR 2().13b was postponed until Tuesday, February 18, 1947, immediately following the expiration of the period of unanimous consents.

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 28. By Mr. McCracken of Jefferson: A hill to be entitled an act to authorize and empower county boards of education to condemn private property for public 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 113, nays 12. The bill, having received the requisite constitutional majority, was passed. Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

THURSDAY, FEBRUARY 13, 1947

299

Representative Hall, Atlanta, Georgia. Thursday, February 13, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the speaker and opened with prayer by the chaplain, Rabbi Alexander Feinsilver of Athens.
The call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

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 bills of the Senate, to wit:

SB 30.

By Senator Pannell of the 43rd:
A bill entitled an act to amend an act approved August Ur, 1923, Ga. Laws 1923,
pp. 529543, entitled "An act to provide and establish a new charter for the City of Chatsworth, in the County of Murray, etc.;" and for other purposes.

SB 31. By Senator Pannell of the 43rd:
A bill to be entitled an act to amend an act approved August 18, 1923, Ga. Laws 1923, pp. 529-543, entitled an act to provide and establish a new charter for the City of Chatsworth in the County of Murray, etc.; and for other purposes.

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SB 45. By Senator Arnold of the 50th:
A bill to be entitled an act to amend an act approved March 25, 1935, appearing on pages 876-880, inclusive, of the Acts of the General Assembly of Georgia of 1935, entitled an act to amend the charter of the Town of Athens and the various acts amendatory thereof; and for other purposes.

SB 60. By Senator Grayson of the lst:
A bill to be entitled an act to repeal that certain act entitled an act to provide for the holding of primary elections in the City of Savannah, Georgia, for the selection of mayor and aldermen for said city; and for other purposes.

SB 61. By Senator Grayson of the lst:
A bill to be entitled an act to repeal certain act entitled an act to amend an act approved August 19, 1913, entitled an act to provide for the holding of primary elections in the City of Savannah, Georgia, for the selection of mayor and aldermen of said city; and for other purposes.

The Senate has adopted by the requmte constitutional majority the following resolutions of the Senate and House, to wit:
SR 17. By Senator Woodall of the 25th: A resolution by the Senate, the House concurring, that there be created a special joint committee by the two houses for the purpose of studying fire protection and the safeguarding of human lives; and for other purposes.
The president has appointed as a committee on the part of the Senate, Senator Woodall of the 25th, Senator Knox of the 29th and Senatbr Miller of the 6th.
HR 46. By Messrs. Harrison of Wayne, Hicks of Floyd and Sills of Candler: A resolution that a committee be appointed and for the purpose of inspecting and recommending certain reconditioning to the State Capitol.
The president has appointed as a committee on the part of the Senate, Senator Carswell of the 17th, and Senator Baker of the 42nd.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the Committees:
HB 238. By Messrs. Ansley of Lee, McCracken of Jefferson and Durden of Dougherty:
A bill to be entitled an act to amend an act approved March 28, 1935, entitled "an act to regulate parking motor vehicles and other vehicles on the State-aid roads, etc.," so as to provide that it shall not apply to certain traffic stops and to certain stops made by passenger vehicles; and for other purposes.
Referred to Committee on Motor Vehicles.

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301

HB239. By Mr. Morrison of Montgomery:
A bill to be entitled an act for the disposition of fines and forfeitures accumulating in the superior court of the County of Montgomery, State of Georgia, by providing that all funds arising from fines and forfeitures in said superior court, be applied first to payment of solvent and insolvent costs accruing in criminal cases of said court and that the remainder of said funds, if any, be paid one-third to the clerk of the superior court of said county, one-third to the sheriff of said county, and one-third to the solicitor general of the Oconee judicial circuit for the use of said county; and for other purposes.

Referred to Committee on Special Judiciary.

HB 240. By Mr. Witherington of Wilcox:
A bill to be entitled an act to provide for the fees of coroners, to provide for pay for jurors in coroners inquest; in the counties in this State having a population of not less than 12,751 and not more than 12,758 according to the United States census of 1940 and any future census; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 241. By Messrs. Crowe and Hobby of Worth: A bill to be entitled an act to create a new charter for the City of Sylvester; and for other purposes.
Referred to Committee on Municipal Government.

HB 242. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Ray of Warren and Smith of Fulton:
A bill to be entitled an act to amend an act relating to the rights of creditors and beneficiaries in proceeds of policies of life, and endowment insurance, and for other purposes.
Referred to the Committee on Insurance.

HB 243. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Smith of Fulton, Ray of Warren, Avera of Crawford and Covington of Floyd:
A bill to be entitled an act relating to the regulations of rates for casualty insurance including fidelity, surety and guaranty bonds and for all other forms of motor vehicle insurance; and for other purposes.
Referred to the Committee on Insurance.

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HB 244. By Me88l'8. Phillips of Columbia, McCracken of Jefferson, Smith of Fulton, Smith of Emanuel, Ray of Warren, Avera of Crawford and Covington of Floyd:
A bill to be entitled an act to regulate the making and applying of rates for fire, marine and inland marine insurance which shall not be excessive, inadequate or unfairly discriminatory; and for other purposes.

Referred to Committee on Insurance.

HB 245. By Messrs. Elliott of Muscogee, Covington of Floyd, Flynt of Spalding, Hicks of Floyd, Gowen of Glynn, Nightingale of Glynn, Garland of Butts, Eve of Rich mond, Dobbs of Gwinnett, and others:
A bill to be entitled an act to amend an act to provide for the holding of bar examinations in this State; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 246. By Mr. Murphy of Haralson: A bill to be entitled an act to amend an act to incorporate the Town of Bremen; and for other purposes.
Referred to Committee on Municipal Government.

HB247. By Mr. Hefner of Pickens: A bill to be entitled an act to amend an act incorporating the Town of Jasper; and for other purposes.
Referred to Committee on Municipal Government.

HB248. By Mr. Avera of Crawford:
A bill to be entitled an act to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the superior court in any of the counties having a population of not less than 7,128 and not more than 7,400; and for other purposes.
Referred to Committee on Special Judiciary.

HB 249. By Messrs. Joel of Oarke, Nightingale of Glynn, Addleton of Spalding, Cheek of Franklin, Murphy of Haralson, Causey of Bacon, Meeks of Union, and many others:
A bill to be entitled an act to provide that the curriculum of all high schools sup ported wholly or in part by public funds shall contain a course in sex hygiene; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

THURSDAY, FEBRUARY 13, 1947

Mr. Twitty of Mitchell 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 has had under consideration the following resolutions of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 24-BSa. Do Not Pass. HR 50-236a. Do Pass.

HR 36-140a. Do Pass.

Respectfully submitted,
Twitty of Mitchell, Chairman

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bills of the Ho11se and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 209. Do Pass as amended.

HB 202. Do Pass.

HB 201. Do Pass. HB 205. Do Pass.

HB 133. Do Pass.

HB 206. Do Pass. HB 200. Do Pass.

HB 198. Do Pass as amended. HB 199. Do Pass. HB 214. Do Pass.

SB 52. Do PaS!.

Respectfully submitted,
Ramey of Chattooga, Chairman

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. JOURNAL OF THE HOUSE,

Mr. Claxton of Camden, chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker: Your Committee ~n Engrossing has examined and found properly engrossed, the fol-
lowing bills and resolutions of the House, to wit: HB 88. HB 95. HB 106. HB 115. HB 120. HB 124. HB 144. HB 145. HB 146. HB 149. HB 151. HB 152. HB 153. HB 166. HB 167. HB 52. HB 90. HB 128. HB 131. HB 134. HB 135. HB 139. HB 140. HB 148. HB 150. HB 154.

HB 156. HB 157. HB 158. HB 159. HB 168. HR 46. HB 28. HB 183. HB 2. HB 46. HB 54. HB 62. HB 75. HB 76. HB 79. HB 80. HB 84. HB 85. HR 51. HR 52.

THURSDAY, FEBRUARY 13, 1947

305

Respectfully submitted,
Claxton of Camden, Chairman

Mr. Kendrick of Fulton County, chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following hills of the House, and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 72. Do Not. Pass.

HB 73. Do Not Pass.

Respectfully submitted,
Kendrick of Fulton, Chairman

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Mr. Phillips of Columbia County, chairman of the Committee on Insurance, submitted
the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following bills of the Hoase and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 212. Do Pass.

HB 213. Do Pass.

Respectfully submitted,

Phillips of Columbia, Chairman

Mr. Mathews of Peach County, chairman of the Committee on Military Affairs, submit ted the following report:

Mr. Speaker:

Your Committee on Military Affairs has had under consideration the following bill and resolution of the House and has instructed me, as chairman, to report the same. back to the House with the following recommendations:

HB 71. Do Not Pass.

HR 37-172A. Do Pass, as amended.

Respectfully submitted,

Mathews of Peach, Chairman

Mr. Rowland of Johnson County, chairman of the Committee on Public Library, submitted the following report:

Mr. Speaker:

Your Committee on Public Library has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 20. Do Pass.

Respectfully submitted,

Rowland of Johnson, Chairman

Mr. Harrison of Wayne County, chairman of the Committee on Special Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Special Appropriations has had under consideration the following resolutions of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 28-103b. Do Pass.

HR 43-203b. Do Pass.

Respectfully submitted,

Harrison of Wayne, Chairman

THURSDAY, FEBRUARY 13, 1947

307

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, sub mitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me, as chairman, to report the 88me back to the House with the following recommendations:

HB 170. Do Pass.

HB 177. Do Pass.

HB 220. Do Pass.

HB 230. Do Pass.

HB 56. Do Not Pass.

HB 136. Do Not Pass.

Re_spectfully submitted,

Cheek of Franklin, Chairman

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
SB 20. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal chapter 1011 of title 101 "State librarian" of the _code of 1933; and for other purposes.

SB 52. By Senator Parker of the 54th:
A bill to be entitled an act to amend an act creating a board of commissioners of roads and revenues of Appling county; and for other purposes.

HR 28-103b. By Mr. Bloodworth of Houston:
A resolution to appropriate certain sunis to pay Mrs. Lillian Andrews, et al, as compensation for injuries; and for other purposes.

HB 133. By Mr. Witherington of Wilcox:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver in Wilcox county; and for other purposes.

HR 36-140a. By Mr. Welsch of Cobb:
A resolution proposing an amendment to the constitution to authorize the governing officials of the respective counties to levy and collect a license tax on businesses in unincorporated areas; and for other purposes.

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HB 170. By Messrs. Towill, Eve and Morris of Richmond:
A bill to be entitled an act to provide for applications for marriage licenses, th~ issuing of marriage licenses; and for other purposes.

JIR 37-172a. By Mr. Hagan of Screven:
A resolution proposing an amendment to the constitution in reference to motor vehicles furnished to amputee veterans of World War I; and for other purposes.

HB 177. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend an act to establish the city court of Millen; and for other purposes.

HB 198. By Mr. Yawn of Dodge:
A bill to be entitled an act to provide that the sheriff of Dodge county and his deputies be paid a salary in lieu of fees; and for other purposes.

HB 199. By Mr. Yawn of Dodge:
A bill to be entitled an act to repeal an act to provide for the appointment of a probation officer for Dodge county; and for other purposes.

HB 200. By Mr. Yawn of Dodge:
A bill to be entitled an act to repeal an act to provide for the appointment of special deputy sheriffs in certain counties; and for other purposes.

HB 201. By Mr. Yawn of Dodge:
A hill to be entitled an act to repeal an act establishing the city court of Eastman; and for other purposes.

HB202. By Mr. Yawn of Dodge:
A hill to be entitled an act to provide that the clerk of the superior court of Dodge county, his deputy and assistants, shall be paid a salary in lieu of fees; and for other purposes.

HR 43-203b. By Messrs. Moye and McMillan of Washington:
A resolution to compensate C. R. Jones of Washington county for loss of property caused by negligence of State employees; and for other purposes.

THURSDAY, FEBRUARY 13, 1947 HB 205. By Mr. Yawn of Dodge:
A bill to be entitled an act to amend an act to establish the city court of East man; and for other purposes.
HB 206. By Mr. Yawn of Dodge: A bill to .be entitled an act to amend an act to establish the city court of Eastman; and for other purposes.
HB 209. By Messrs. Dobbs and Jordan of Gwinnett: A bill to be entitled an act to amend an act to fix the salary of the treasurer of Gwinnett county; and for other purposes.
HB 212. By Messrs. McCracken of Jefferson and Phillips of Columbia: A bill to be entitled an act to authorize insurance companies of this State to acquire and hold real property; and for other purposes.
HB 213. By Messrs. McCracken of Jefferson and Phillips of Columbia: A bill to be entitled an act to amend the Code of Georgia of 1933, relating to the organization of boards and directors of insurance companies; and for other purposes.
HB 214. By Mr. Garland of Butts: A bill to be entitled an act to provide for home rule for counties; and for other purposes.
HB 2.20. By Mr. Harrison of Jenkins: A bill to be entitled an act to amend an act to create the office of tax commissioner of Jenkins County; and for other purposes.
HB 230. By Messrs. Howard of DeKalb, Mann of Rockdale, and others: A bill to be entitled an act to amend an act relating to the salary of the solicitor general of the Stone Mountain circuit; and for other purposes.
HR 50-236a. By Messrs. Twitty of Mitchell and Gowen of Glynn: A resolution proposing an amendment to the constitution to provide for the qualification of electors; and for other purposes.

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

SB 30. By Senator Pannell of the 43rd:
A bill to be entitled an act to amend an act approved August 18, 1923, Ga. Laws 1923, pp. 529-543, entitled an act to provide and establish a new charter for the City of Chatsworth, in the County of Murray, etc.; and for other purposes.
Referred to Committee on Municipal Government.

SB 31. By Senator Pannell of the 43rd:
A bill to be entitled an act to amend an act approved August 18, 1923, Georgia laws 1923, pp. 529-543, entitled "an act to provide and establish a new charter for the City of Chatsworth in the County of Murray, etc." so as to create a water works commission for said city; and for other purposes.
Referred to Committee on Municipal Government.

SB 45. By Senator Arnold of the 50th:
A bill to be entitled an act to amend an act approved March 25, 1935, appearing on pages 876-880, inclusive, of the acts of the General Assembly of Georgia of 1935, entitled an act to amend the charter of the Town of Athens and the various acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.

SB 60. By Senator Grayson of the 1st:
A bill to be entitled an act to repeal that certain act entitled an act to provide for the holding of primary elections in the City of Savannah, Georgia; and for other purposes.
Referred to Committee on Municipal Government.

SB 61. By Senator Grayson of the 1st:
A bill to be entitled an act to repeal certain acts entitled an act to amend an act approved August 19, 1913, entitled an act to provide for the holding of primary elections in the City of Savannah, Georgia; and for other purposes.
Referred to Committee on Municipal Government.

THURSDAY, FEBRUARY 13, 1947

311

The following bills of the House were placed on the calendar for the purpose of considering the unfavorable report of the committees:

HB 71. By Messrs. Nicholson of Oconee, Hefner of Pickens, and others:
A bill to be entitled an act to amend the code providing for eligibility of applicants for license to practice dentistry; and for other purposes.

HB 72. By Messrs. Lovett and Malone of Laurens, Jennings of Sumter, Chance of Twiggs, and others.
A bill to be entitled an act to prohibit the use of force, intimidation, violence, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working; and for other purposes.

HB 73. By Messrs. Lovett of Laur~ns, Williams of Jones, Jennings of Sumter, and many others:
A bill to be entitled an act to prohibit any individual being required, as a condition of employment, or of continuance of employment, to be or remain, or to refrain from being a member or affiliate of a labor union; and for other purposes.

Mr. Smith of Emanuel moved that the following bill of the House be re-referred to the Committee on Temperance:
HB 113. By Messrs. Mitchell of Monroe, Dykes of Bleckley, Lovett of Laurens, Hill and Thompson of Meriwether, and others:
A bill to be entitled an act to increase the revenue of the State; to regulate and control the manufacture, sale, distribution, etc., of alcohol; to provide for the operation of state-owned liquor stores; and for other purposes.
Mr. Smith of Carroll moved that HB 113 be referred to the Committee on Ways and Means.
Mr. Ray of Warren moved the previous question, and the call was sustained.
On the motion to re-refer HB 113 to the Committee on Temperance, Mr. Thompson of Meriwether moved the ayes and nays, and the call was sustained.

312

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Wheeler Ansley Arnall Bagby

Evitt Fowler Freeman Gibbons Glisson

Bargeron Beddingfield Black Bloodworth Bostwick Briscoe Britton Brooke Byrd

Goldberg Gowen Green of Rabun Hagan Hall Hampton Hardin of Glascock Hardin of Turner Harrison of Jeff Davis

Cates Causey Cheek Cheshire Claxton Conger Coogle

Henderson Hicks Hinson Holleman Huddleston Hurt Jenkins

Covington Cowart Cox

Jennings of Baldwin Joel Johnston of Lowndes

Crowe of Worth

Jones

Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Evans Eve

Jordan Kemper Kendrick Kenyon Key Kidd King Knight Lewis of Greene Lewis of Hancock

Lockett Long McCracken Mallard Mann of Rockdale :Morris Nightingale Overby Phillips Rainey Ramsay Ray Riddlespurger Rucker Sabados Salter Shields Skinner Smith of Chatham Smith of Emanuel Smith of Fulton Towill Trulock Twitty Vandiver Vickers Walker Wells of Oarke Whaley Williams of Jones Williams of Ware Willingham Wilson

THURSDAY, FEBRUARY 13, 1947

Sl3

Those voting in the negative were Messrs.:

Adams of Towns Addleton Barrett Bradley Caldwell Campbell Caswell Chance Cochran Dykes Flynt Garland Garrard Garrett .Garrison Gary Gibson Greene of Crisp Groover Hardy Harrison of Jenkins Hefner

Higgs Hill Hobby Holbrook Howard of Dawson Howard of DeKalb Hubert Ingle Kenimer Leverette McMillan Malone Mann of Henry Manous Mason Massey Mathews Mathis Miller Moore of Lumpkin Morrison Moye of Washington

Murphy Neel Nicholson Pulliam Ramey Reid Risner Rowland Seagraves Sills Smith of Bryan Smith of Carroll Smith of Oayton Smith of Oglethorpe Stevens Swindle Thompson Watford Williams of Mcintosh Williams of Toombs Witherington Yawn

Not voting were Messrs. Anglin, Avera, Battle, Bennett, Bruton, Callier, Chalker, Clark, Crow of Walker, Etheridge of Fulton, Greer, Harrison of Wayne, Jennings of Sumter, Johnson of Bulloch, Knabb, Littlejohn, Lokey, Lovett, McWhorter, Mavity, Meeks, Mitchell, Moore of Taliaferro, Morgan, Moye of Lamar, Oden, Padgett, Pearlman, Pennington, Rich, Tuten, Tuttle, Wells of Lincoln, Welsch and Willoughby.

The roll call was verified.

On the motion to re-refer HB 113 to the Committee on Temperance, the ayes were 103, nays 66.

The motion prevailed, and HB 113 was re-referred to the Committee on Temperance.

Mr. Garland of Butts moved that the House instruct the Committee on Temperance to hold a public hearing on HB 113 within five days, and the motion was lost.

Under the proVIsions of HR 45, the speaker announced the House recessed until 1:30 o'clock p. m., this afternoon.

314

JOURNAL OF THE HOUSE,

The speaker called the House to order.

1:30 o'clock, p. m.

Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
HB29. By Mr. McCracken of Jefferson: A bill to be entitled an act to limit the time that suit may be brought against motor carriers for freight overcharges; and for other purposes.
By unanimous consent, further consideration of HB 29 was postponed until next Monday, February 17, immediately following the expiration of the period of unanimous consents.

HB 46. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be eRtitled an act to provide that honorably discharged veterans who held positions with county or city governments shall not lose seniority on any retirement or pension plan by virtue of their service in the armed forces; and for other purposes.

The following amendments were read and adopted:
Mr. Wilson of Bibb moves to amend HB 46 by inserting between the last section and the repealing clause, the following:
The proviSions of this act shall apply to political subdivisions of aRy county or municipality where a retirement or pension plan is in effect.
Mr. Nightingale of Glynn moves to amend HB 46 as follows: By striking from the title of said bill and wherever there appears in said bill the word "honorably" and substituting in lieu thereof wherever said word occurs the words "other than dishonorably".
The report of the committee, which was favorable to the passage of the bill, wae agreed to, as amended.
On the passage of the bill, as amended, the ayes were 108, nays 0. The bill, having received the requisite constitutional majority, was passed, as amended.

THURSDAY, FEBRUARY 13, 1947

~15

HB 54. By Messrs. Davis of Bartow and Garland of Butts:
A bill to be entitled an act to amend the Code of Georgia, so as to include therein additional classes of persons who may be made a witness and cross-examined with the further right of impeachment; and for other purposes.

The report 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, nays 0.

The bill, having received the requisite constitutional majority, was paBBed.

Under the regular order of business, the following bill of the House was taken up for consideration:
HB 57. By Mr. Etheridge of Fulton:
A bill to be entitled an act to provide that it shall be lawful for any person, finn, partnership or corporation of this State, to pay to the wife of any employee, upon his adjudication as being insane, whatever wages may be due such employee, not to exceed $200; and for other purposes.
By unanimous consent, further consideration of HB 57 was postponed until next Mon day morning, February 17, 1947, immediately following the expiration of the period of unanimous consents.

Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
HB 62. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act to amend an act increasing the salary of the solicitor general of the Chattahoochee 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 75. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts: A bill to be entitled an act to provide for administration upon the estates of per sons who are missing; and for other purposes.

316

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 Ill, nays 0.

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

HB 76. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill to be entitled an act to provide for the appointment of a conservator for the estate of persons who are missing under circumstances leading to the conclu sion that they are dead; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 77. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill to be entitled an act to provide a limitation on the time during which an application for a year's support or an additional year's support may be filed; and for other purposes.
By unanimous consent, further consideration of HB 77 was postponed until Monday morning, February 17, 1947, immediately following the expiration of the period of unani mous consents.

HB 79. By Mr. Davis of Bartow:
A bill to be entitled an act to amend the code to make it unlawful for any person to operate any motor vehicle, etc., upon any private way, private street, or any other private property; and for other purposes.

The following amendments were read and adopted:
Mr. Wells of Clarke moves to amend paragraph I of HB 79 by adding the following l\Ords at the end of said paragraph:
"Provided, however, that nothing herein shall be construed to prevent the running or operation of farm vehicles by any person on a privately owned farm."

THURSDAY, FEBRUARY 13, 1947

317

Mr. Davis of Bartow moves to amend the caption of HB 79 by adding at the end of said caption the following words:

"while intoxicated, or by any person under 16 years of age".

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, nays I.

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

HB 80. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to amend the Code of Georgia to increase the fees of the constables of the 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 121, nays 3.
The bill, having received the requisite constitutional majority, was passed.

HB 81. By :\lr. Johnson of Bulloch:
A bill to be entitled an act to establish a standard of efficiency and character for shorthand reporters in this State; and for other purposes.
By unanimous consent, further consideration of HB 81 was postponed until next Monday, February 17, 1947, immediately following the expiration of the period of unanimous consents.

HB 84. By Messrs. Wilson, Vandiver and Kemp of Bibb and Holleman of Muscogee:
A bill to be entitled an act to authorize and empower the counties of this State to carry suitable insurance on all automotive vehicles owned and operated by the county; and for other purposes.
By unanimous consent, further consideration of HB 84 was postponed until the House acted on HB 85.

HB 85. By Messrs. Wilson, Kemper and Vandiver of Bibb and Holleman of Muscogee:
A bill to be entitled an act authorizing the counties of this State to sue and be
sued in the courts of this State for damages, arising out of the operation of county owned automotive vehicles; and for other purposes.

318

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, Mr. Sabados 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 Messrs.:

Adams of Polk Adams of Towns Addleton Anglin Ansley Bagby Barrett Bennett Black Bloodworth Bostwick Bradley Briscoe Byrd Campbell Caswell Causey Cheek Cochran Conger Cowart Cox Crow of Walker Davis Dorsey Elliott Ellis Etheridge of Fulton Evans Eve Evitt Flynt Fowler Freeman Garland Garrard Garrett

Gary Gibbons Goldberg Green of Rabun Groover Hampton Hardin of Turner Hardy Harrison of J eli Davis Hefner Henderson Hinson Hobby Holleman Howard of Dawson Howard of DeKalb Hubert Hurt Ingle Joel Johnson of Bulloch Jordan Kendrick Kenyon Key Knight Leverette Lewis of Greene Lockett Long McCracken McMillan Mallard Mann of Rockdale Manous Mason Massey

Mathews Meeks Mitchell Miller Moore of Lumpkin Morris Moye of Lamar Murphy Nee! Nicholson Nightingale Pulliam Rainey Ray Reid Rucker Sabados Salter Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Emanuel Smith of Fulton Towill Twitty Vandiver Walker Wells of Clarke Wells of Lincoln Welsch Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Wilson Witherington

THURSDAY, FEBRUARY 13, 1947

319

Those voting'in the negative were Messrs.:

Beddingfield Callier Coogle Glisson Greene of Crisp Harrison of Jenkins

Hill Lovett Ramey Rowland Seagraves Smith of Oglethorpe

Thompson Vickers Willoughby Yawn

:'1/ot voting were Messrs. Adams of Wheeler, Arnall, Avera, Bargeron, Battle, Britton, Brooke, Bruton, Caldwell, Cates, Chalker, Chance, Cheshire, Clark, Claxton, Covington, Crowe of Worth, Dobbs, Durden, Dykes, Edenfield, Etheridge of Baker, Garrison, Gibson, Gowen, Greer, Hagan, Hall, Hardin of Glascock, Harrison of Wayne, Hicks, Higgs, Hoi brook, Huddleston, Jenkins, Jennings of Baldwin, Jennings of Sumter, Johnston of Lowndes, Jones, Kemper, Kenimer, Kidd, King, Knabb, Lewis of Hancock, Littlejohn, Lokey, :\IcWhorter, Malone, Mann of Henry, Mathis, Mavity, Moore of Taliaferro, Morgan, Mor rison, :\Ioye of Washington, Oden, Overby, Padgett, Pearlman, Pennington, Phillips, Ramsay, Riddlespurger, Rich, Risner, Shields, Sills, Smith of Clayton, Stevens, Swindle, Trulock, Tuten, Tuttle, Watford, Whaley and Williams of Jones.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 111, nays 16..
The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was again taken up for consideration:
HB 84. By :Messrs. Wilson, Kemper and Vandiver of Bibb and Holleman of Muscogee:
A bill to be entitled an act to authorize and empower the counties of this State to carry suitable insurance on any or all automotive vehicles owned and operated by the counties; and for other purposes.

The following amendment to HB 84 was adopted:
Messrs. Matthews of Peach and Wilson, Kemper and Vandiver of Bibb move to amend HB 84 hy striking section I, and substituting a new section I as follows:
Section 1. That from and after the passage of this act, the counties of this State are authorized to carry suitable fire, casualty, collision, personal liability and property damage insurance on any or all of the automotive vehicles owned and operated by said county or the drivers thereof and to pay the insurance premiums from the county treasury.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 105, nays I.
The bill, having received the requisite constitutional majority, was passed, as amended.

320

JOURNAL OF THE HOUSE,

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

HB 96. By Messrs. Hand of Mitchell, Smith of Emanuel, Ray of Warren, Garrard of Wilkes, and others:
A bill to be entitled an act to effect a complete revisiOn of all the laws of this State in any way dealing with the registration and qualification of voters; and for other purposes.
Mr. Towill of Richmond moved that the House do now adjourn until 9:00 o'clock tomorrow morning, and the motion prevailed.
Leaves of absence were granted to Messrs. Hardy of Jackson and Chalker of Pulaski.

The speaker announced the House adjourned until tomorrow morning at 9:00 o'clock, and HB 96 went over until that time under the order of unfinished business.

FRIDAY, FEBRUARY 14, 1947

321

Representative Hall, Atlanta, Georgia. Friday, February 14, 1947.

The House met pursuant to adjournment this day at 9:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the chaplain, Rabbi Alexander Feinsilver of Athens.
By unanimous consent, the cal~ of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. 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 250. By Messrs. Kenimer of Harris, Cheshire of Colquitt, Garland of Butts and m~.ny others:
A bill to be entitled an act to amend an act approved March 19, 1943, Ga. Laws 1943, pp. 640-670, entitled an act to establish a retirement system for aged and incapacitated teachers in the state public schools; and other state supported schools; and for other purposes.
Referred to Committee on Education No. 2.

322

JOURNAL OF THE HOUSE.

HB 251. By Mr. Gary of Quitman:
A bill to be entitled an act to repeal an act to create a board of commissioners of roads and revenues for the County of Quitman, and to define the powers and duties thereof, approved February 22, 1873, and all acts amendatory thereof; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 252. By Mr. Gary of Quitman:
A bill to be entitled an act to create the office of commissioner of roads and revenues for the County of Quitman; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 253. By Mr. Beddingfield of Dooly: A bill to be entitled an act to amend an act approved August 16, 1915, contained in Georgia Laws 1913, at pages 899 to 941, inclusive, creating a new charter for the City of Vienna; and for other purposes.
Referred to Committee on Municipal Government.
HB 254. By Messrs. Mason of Morgan and Williams of Jones: A bill to be entitled an act authorizing the Governor to fix the compensation of the director of entomology; to repeal conflicting laws; and for other purposes.
Referred to Committee on State of Republic.

HB 255. By Mr. McCracken of Jefferson:
A bill to be entitled an act to amend section 56-403 of the Code of Georgia of 1933 by striking therefrom the provisions requiring insurance companies to make semi-annual statements to the Governor and to publish a duplicate of the short form report made to the Governor; and for other purposes.
Referred to Committee on Insurance.

HB 256. By Messrs. Willingham of Cobb, Nightingale of Glynn, Holleman of Muscogee and others:
A bill to be entitled an act to amend section 84-1613, Code of Ga. of 1933, relating to regulation of billiard and pool rooms, etc., by striking the last sentence of such section which prohibits the sale or serving of intoxicating liquors, including beer, in such enumerated establishments; and for other purposes.
Referred to Committee on Drainage.

FRIDAY, FEBRUARY 14, 194-7

323

HB 257. By Messrs. Willingham of Cobb, Nightingale of Glynn, Holleman of Muscogee and others:
A bill to be entitled an act to amend section 84-1613, Code of Ga. of 1933, relating to the regulation of billiard and pool rooms, etc., by adding to such section a provision that the prohibition against the sale of intoxicating liquors, including beer, shall not be applicable and shall not apply to those counties in which the majority of those voting at an election, held for the purpose, voted in favor of taxing and controlling alcoholic beverages and liquors; and for other purposes.
Referred to Committee on Drainage.

The following resolution of the Senate was read and referred to the Committee on Rules:
SR 17. By Senator Woodall of the 25th: A resolution providing for the creating of a joint committee to study fire protection and the safeguarding of human lives; and for other purposes.

.Mr. Thompson of Meriwether County, chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:

Your Committee on _\funicipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 45. Do Not Pass. HB 4-9. Do Not Pass. HB 247. Do Pass. HB 91. Do Pass. HB 207. Do Pass. HB 195. Do Pass. HB 235. Do Pass. HB 179. Do Pass. HB 194. Do Pass. HB 103. Do Pass. HB 181. Do Pass. HB 178; Do Pass. HB 142. Do Pass. HB 187. Do Pass. HB 226. Do Pass.

Respectfully submitted,
Thompson of Meriwether, Chairman

324

JOURNAL OF THE HOUSE,

Mr. Elliott of Muscogee County, vice chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following resolutions of the House and Senate and has instructed me, as vice chairman, to report the same back to the House with the following recommendations:

HR 48-223a. Do Nor Pass.

SR 17. Do Pass.

Respectfully submitted,

Elliott of Muscogee, Vice Chairman

Mr. Bagby of Paulding County, vice chairman of the Committee on Public Highways No. 1, submitted the following report:

Mr. Speaker:

Your Committee on Public Highways No. 1 has had under consideration the following bill of the House and has instructed me, as vice chairman, to report the same back to the House with the following recommendations:

HB 86. Do Pass.

Respectfully submitted.

Bagby of Paulding, Vice Chairman

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
HB 86. By Messrs. Wells of Clarke and Cheek of Franklin:
A bill to be entitled an act to amend the public safety act, so as to increase the issuance of twoyear licenses to fiveyear licenses; and for other purposes.

HB 91. By Mr. Lovett of Laurens:
A bill to be entitled an act to amend an act to create a new charter for the City of Dublin; and for other purpo~s.

HB 103. By Mr. Pulliam of Elbert:
A bill to be entitled an act to amend an act incorporating the City of Elberton; and for other purposes.

FRIDAY, FEBRUARY 14, 1947

325

HB 142. By Messrs. Elliott, Shields and Holleman of Muscogee:
A bill to be entitled an act in reference to the title to certain lands in the City of Columbus; and for other purposes.

HB 178. By Mr. Witherington of Wilcox:
A bill to be entitled an act to amend an act to create a new charter for the City of Abbeville; and for other purposes.

HB 179. By Mr. Witherington of Wilcox:
A bill to be entitled an act to amend an act to create a new charter for the City of Abbeville; and for other purposes.

HB 181. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend an act to create a charter for the town of Athens; and for other purposes.

HB 187. By Mr. Welsch of Cobb:
A bill to be entitled an act to amend the city charter of Acworth; and for other purposes.

HB 194. By Messrs. Overby and Kenyon of Hall:
A bill to be entitled an act to amend the charter of the City of Gainesville; and for other purposes.

HB 195. By Messrs. Overby and Kenyon of Hall:
A bill to be entitled an act to amend an act to establish a city court in the County of Hall; and for other purposes.

HB 207. By Mr. Lovett of Laurens:
A bill to be entitled an act to incorporate the town of East Dublin; and for other purposes.

HB 226. By Messrs. Welsch and Willingham of Cobb:
A bill to be entitled an act to amend the charter of the City of Marietta; and for other purposes.

326

JOURNAL OF THE HOUSE,

HB 235. By Messrs. Kenyon and Overby of Hall :
A bill to be entitled an act to amend an act entitled: Gainesville retirement fund; and for other purposes.

HB 247. By Mr. Hefner of Pickens:
A bill to be entitled an act to amend, consolidate and supersede the several acts incorporating the town of Jasper; and for other purposes.

The following resolutions of the House and Senate were read and adopted:
HR 51. By Messrs. Hinson of Ware, Evitt of Catoosa, Fowler of Douglas and many others:
A resolution requesting the collector of internal revenue and the state revenue commissioner to grant to members of the General Assembly and officials, an extension of sixty days after March 15, within which to file income tax returns; and for other purposes.

HR 52. By Messrs. Flynt of Spalding, Hicks of Floyd and Eve of Richmond:
A resolution providing for a joint committee to investigate the effect of pending veterans affairs legislation, and to report its findings; and for other purposes.

HR 53. By Mr. Hand of Mitchell:
A resolution expressing the appreciation of the members of the House to the Georgia Theaters Company for the pass sent to each member; and for other purposes.

SR II. By Senator Baker of the 42nd:
A resolution to extend thanks to Dr. R. S. Payne for courtesies extended refugees during the recent flood at Rome, and making a request of the Central of Georgia Railroad; and for other purposes.

SR 16. By Senators Weaver of the 51st, Millican of the 52nd and Mason of the 30th:
A resolution providing for the appointment of a joint committee to investigate and report on the tardiness of the publication of the acts of the General Assembly at its 1946 adjourned session; and for other purposes.
Under the provisions of SR 16, the Speaker appointed as a committee on the part of the House, the following members of the House, to wit:
Messrs. Harrison of Jenkins, Nightingale of Glynn and Shields of Muscogee.

FRIDAY, FEBRUARY 14, 1947

327

Under the order of unfinished business, the following bill of the House was taken up for consideration and read the third time:

HB 96. By Messrs. Hand of Mitchell, Smith of Emanuel, Ray of Warren, Garrard of Wilkes and others:
A bill to be entitled an act to effect a complete revisiOn of all the laws of this state dealing with the registration and qualification of voters; and for other purposes.

The following substitute to HB 96 was read:
Substitute to HB 96. By Messrs. Towill and Eve of Richmond, Neel of Thomas, Brooke and Britton of Whitfield, Ramsay of Stephens and many others:
AN ACT
To provide for the enforcement of paragraph IV of section I of article II of the Constitution of Georgia, relating to qualifications of electors; to provide additional registrars in each county and to prescribe and define their powers and duties and those of county boards of registrars; to require applicants for registration, or for the continuance thereof, to present certificates of proficiency from a registrar; to cancel existing registrations of the electors who, after notice, fail to present such certificates; to provide for the issuance of such certificates; to postpone for two years the operation of section 34-115 of the Code of Georgia, as amended, requiring cancellation of registration annually when the registrant has not voted within the preceding two years; 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. In each county the county superintendent of schools or other officer performing the duties thereof and such principals and teachers of schools in such county as he may appoint shall be additional registrars of such county with the powers and duties hereinafter provided.
Section 2. No tax collector or tax commissioner shall hereafter administer or allow to be administered to any person the voter's oath required by section 34-103 of the Code of Georgia unless the person taking said oath shall have presented to him or to his employee administering said oath a certificate of proficiency issued by a registrar or additional registrar pursuant to section 3 or section 4 of this act. Each tax collector and tax commissioner shall within ninety days after the passage of this act mail to each elector whose name now appears on the permanent qualification or voters book, or who is now otherwise registered to vote as shown by his records, at the last address furnished by said elector, a notice substantially as follows:
NOTICE
You are hereby notified that, according to state law, your registration as a qualified elector will be cancelled unless before January 1, 1948, you file in my office a certificate of proficiency as required by the voters' qualification act of 1947.

Tax Collector, ____________________________________________County

328

JOURNAL OF THE HOUSE,

Effective January 1, 1948, said tax collector or tax commiSSIOner shall cancel the registration of all electors thus notified who shall not have presented said certificate of proficiency issued pursuant to section 3 or section 4 of this act, and the names of all such electors shall be wholly removed from the registration lists. Any elector whose registration has been thus cancelled may re-register as if he were registering for the first time. For the years 1947 and 1948 only, the tax collector or tax commissioner shall not he required to mail notices to voters who have not voted during the past two years, as required by section 34-115 of the Code of Georgia, as amended, nor to cancel the registrations thereof as provided in said section.
Section 3. County registrars, including said additional registrars, shall have, subject to regulations made by the state board of education, power to administer to applicants for registration, or for the continuance thereof, such tests as may be prescribed by said board of education for the purpose of ascertaining whether such applicants who choose to he examined pursuant to subdivision 1 of paragraph IV of section I of article II of the Constitution of Georgia understand the duties and obligations of citizenship under a republican form of government, and to determine whether said applicants successfully pass such tests. Before taking any such test the applicant shall hand to the registrar administering such test a statement in substantially the following form, signed by at least two persons already registered to vote in the county, which statement shall be transmitted by said registrar to the county tax collector or tax commissioner, and by him kept on file:
We, the undersigned, hereby declare under the penalties of perjury that we are registered voters of the county of, _________________ -------------------------------------------------------------------- and thaL..----------------------------------------------------------- who is an applicant for registration, or for the continuance thereof, is known to us to he a person of good moral character.

Each registrar shall forthwith issue a certificate of proficiency to (a) each applicant successfully completing the test hereinbefore provided for administered by him to said applicant; and (b) each applicant who in lieu of such test presents to him written credentials showing to the satisfaction of said registrar that said applicant has successfully completed the requirements for graduation from an accredited high school or from an accredited institution of higher education.
Section 4. County registrars, in-;luding said additional registrars, shall have, subject to regulations made by the state board of education, power to designate the paragraph of the Constitution of the United States or of this state which is to be read and written, or understood and interpreted, by each applicant for registration, or for the continuance thereof, who chooses to he examined pursuant to subdivision 2 of paragraph IV of section I of article II of the Constitution of Georgia; and the registrar who examines said applicant shall forthwith issue a certificate of proficiency to each said applicant who, in the judgment of said registrar, correctly reads and writes the same or, if said applicant be physically disabled, correctly understands and reasonably interprets the same.
Section 5. Subject to regulations made by the state hoard of education, the county superintendent of schools or other officer performing the duties thereof shall fix and advertise the times and places when and where said additional registrars shall sit for the purpose of issuing certificates of proficiency, and shall furnish necessary supplies therefor. Each additional registrar, when so sitting,' shall receive compensation fixed by the county board of education and paid from its funds.

FRIDAY, FEBRUARY 14, 1947

329

Section 6. Each certificate of proficiency issued pursuant to this act shall bear an individual number and be in duplicate. The original shall be surrendered to the tax collector or tax commissioner, and by him kept on file, and the duplicate may be retained by the person to whom it is issued.

Section 7. No registrar shall issue a certificate of proficiency to any person who is related to him by consanguinity or affinity within the fourth degree, as computed according to the civil law, and any certificate so issued shall be void. No person shall make any false statement, certificate, rating or report with regard to any test or examination administered under this act or in any manner commit or attempt to commit any fraud preventing the impartial execution of this act and the rules made thereunder. No person shall directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of the issuance of any certificate of proficiency hereunder. Any person who wilfully or corruptly vio1ates any provision of this act or of the rules made hereunder shall be guilty of a misdemeanor.

Section 8. Nothing in this act shall be deemed to abolish any existing county board of registrars or county registrar or to impair their power to question and hold hearings to determine the right of any person to vote or their power to make and file lists of registered voters. Nothing in this act shall be deemed to deny any person the right of appeal provided by paragraph V of section I of article II of the Constitution of Georgia.

Section 9. If any provlSlon of this act, or the applicability thereof to any person or cir:cumstance, is held invalid, the remainder of this act and the applicability thereof and of such provision to other persons or circumstances shall not be affected thereby.

Section 10. All laws and parts of laws in conflict with this act shall be and are hereby repealed.

Section 11. This act shall be known and may be cited as the "voters' qualification act of 1947."

By unanimous consent, further consideration of HB 96 was postponed until next Wednesday morning, February 19, 1947, immediately following the expiration of the period of unanimous consents.

Mr. Smith of Emanuel moved that the House do now adjourn until 10:00 o'clock, Mon day morning, February 17, 1947, and the motion prevailed.

Leave of absence was granted to Mr. Rowland of Johnson for Monday of next week.

The Speaker announced the House adjourned until Monday morning, February 17, 1947,_ at 10:00 o'clock.

330

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Monday, February 17, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. ~1., was called to order by the speaker and opened with prayer by the chaplain, Rev. Edwin J. Grimes of the Hawkinsville Methodist Church.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of last 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:
l. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. 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:
HB258. By Mr. Chalker of Pulaski: A bill to be entitled an act to amend an act increasing the salary of the clerk of the board of commissioners of roads and revenues of Pulaski county; and for other purposes.
Referred to Committee on General Judiciary No. 2.

MONDAY, FEBRUARY 17, 1947

331

HB 259. By Mr. Chalker of Pulaski:
A bill to be entitled an act to repeal an act entitled an act to abolish the office of treasurer of Pulaski county; and for other purposes.

Referred to Committee on General Judiciary No. 2.

HB 260. By Mr. Chalker of Pulaski:
A bill to be entitled an act to provide for the fees of coroner; to provide for pay for jurors in coroner's inquest in counties having a population of not less than 9,827 and not more than 9,832; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB261. By Mr. Pulliam of Elbert: A bill to be entitled an act to abolish the office of tax receiver and tax collector of Elbert county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 262. By Messrs. Yawn of Dodge and Smith of Emanuel:
A bill to be entitled an act to amend an act to provide for the establishment of a department of labor; by abolishing the present State board of workmen's com pensation and creating in lieu thereof the workmen's compensation board of Georgia; and for other purposes.
Referred to Committee on State of Republic.

HB 263. By Mr. Walker of Ben Hill: A bill to be entitled an act to amend an act amending and revising the charter for the City of Fitzgerald; and for other purposes.
Referred to C"mmittee on Municipal Government.

HB 264. By Mr. Leverette of Putnam:
A bill to be entitled an act to provide that the county fiscal authorities of Putnam county may fix a salary not to exceed $100.00 per month to be paid the sheriff of Putnam county in addition to fees now paid said sheriff; and for other purposes.
Referred to Committee on Counties and County Matters.

332

JOURNAL OF THE HOUSE,

HB 265, By Mr, Walker of Ben Hill:
A bill to be entitled an act to amend an act relating to the manner in which assessments for municipal street improvements shall be payable in installments; and for other purposes,

Referred to the Committee on General Judiciary No, 1.

HB 266, By Mr. Kenimer of Harris:
A bill to be entitled an act to amend an act to provide that the mayor and council shall have the power and right to levy a special tax of one-half to one mill for ,the purpose of maintaining a cemetery located inside or outside of the corporate limits of the Town of Waverly Hall; and for other purposes.
Referred to Committee on Municipal Government.

HB 267. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act to incorporate the Town of Alpha retta; and for other purposes.
Referred to Committee on Municipal Government.

HB 268. By Messrs. Smith of Emanuel, Sills of Candler, McMillan and Moye of Wash ington, McCracken of Jefferson, Williams of Toombs and Edenfield of Emanuel:
A bill to be entitled an act to amend an act providing for a salary of $200.00 per month for the official court reporter of the Middle judicial circuit; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

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 46. By Senator Millican of the 52nd:
A bill to he entitled an act to amend an act establishing the criminal court of Atlanta, so as to adjust salaries of judges and solicitors of said court; and for other purposes.

MONDAY, FEBRUARY 17, 1947

333

SB 57.

By Senator Darby of the 15th:
A bill to be entitled an act to repeal an act creating the city court of Lyons for the County of Toombs; to abolish the city court of Lyons; to provide for the dis position of business now pending in said court; to provide for a referendum and effective date of this act; and for other purposes.

SB 58.

By Senator Darby of the 15th:
A bill to be entitled an act to repeal the act creating the office of commissioner of roads and revenues of Toombs county, Georgia, approved March 10, 1933; to provide for the effective date thereof; and for other purposes.

SB 59.

By Senator Darby of the 15th:
A bill to be entitled an act to create a board of commissioners of roads and revenues of Toombs county; to provide for the election of commissioners; to pro vide for a clerk of said hoard; to provide salaries, duties, and terms of office; to prescribe districts from which each commissioner shall be elected; to provide for a referendum; to provide for a special election in the event this bill becomes law; and for other purposes.

SB 62.

By Senator Mason of the 30th:
A bill to be entitled an act amending an act dated January 31, 1946, creating the office of commissioner of roads and bridges and a board of finance; and for other purposes.

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

HB 14. By :Mr. Bennett of Barrow:
A bill to be entitled an act to abolish the county treasurer of the county of Barrow; to provide for the creation of a depository for said county; to provide the manner and authority by which said depository shall be designated and appointed, etc.; and for other purposes.

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 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 232. Do Pass.

Respectfully submitted,

Lewis of Hancock, Chairman

334

JOURNAL OF THE HOUSE,

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

HB 232. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide for the compensation of court reporters appointed by the judge of the superior court in the judicial circuits of this State having a certain population; and for other purposes.

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage:
SB 52. By Senator Parker of the 54th: A bill to be entitled an act to amend an act creating a board of commissioners of roads and revenues of 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 91. By Mr. Lovett of Laurens: A bill to be entitled an act to amend an act to create a new charter for the City of Dublin; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 103. By Mr. Pulliam of Elbert: A bill to be entitled an act to amend an act to incorporate the City of Elberton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY. FEBRUARY 17, 1947

335

HB 133. By Mr. Witherington of Wilcox:

.'\ bill to be entitled an act to aboli5h the offices of tax receiver and tax collector in the County of Wilcox; to create the office of county 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, nays 0.

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

HB 142. By :\lessrs. Elliott, Shields and Holleman of Muscogee:
A bill to be entitled an act to vest fee simple title to certain property in the City of Columbus in the Eelbeck Milling Company; and for other purposes.
/
The report 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 177. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend an act to establish the city court of Millen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 178. By Mr. Witherington of Wilcox:
A bill to be entitled an act to amend an act to create a new charter for the City of Abbeville in the County of Wilcox; and for other purposes.
The report 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.

336

JOURNAL OF THE HOUSE,

HB 179. By Mr. Witherington of Wilcox:
A bill to be entitled an act to amend an act to reincorporate the Town of Abbeville as the City of Abbeville; and for other purposes.
The report of the committee, which was fav{)rable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 181. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend an act to amend the charter of the Town of Athens; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 194. By Messrs. Overby and Kenyon of Hall:
A bill to be entitled an act to amend the charter of the City of Gainesville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 195. By Messrs. Overby and Kenyon of Hall:
A bill to be entitled an act to amend an act to establish a city court in the County of Hall; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 198. By Mr. Yawn of Dodge:
A bill to be entitled an act to provide that the sheriff of Dodge county and his deputies be paid a salary in lieu of fees; and for other purposes.

MONDAY, FEBRUARY 17, 1947

337

The following committee amendment to HB 198 was read and adopted:

Mr. Yawn of Dodge county moves to amend HB 198 by adding thereto a new section to he appropriately numbered and to provide as follows:
"Section -. In addition to the deputy sheriff which the sheriff of Dodge county is authorized to name to be paid by the county, the county commissioner, or the fiscal authorities of the county, are hereby given the power and right to appoint and name a special deputy sheriff, and to fix a salary to he paid from county funds. Said deputy sheriff so appointed by the county commissioner, or other fiscal authorities of Dodge county, shall have the same powers to execute papers and processes as other deputy sheriffs. Said special deputy sheriff so appointed by the commissioner, or other fiscal authorities of Dodge county, shall perform such other duties as may he assigned to him by said commissioner. It shall he his duty to handle for collection all tax executions issued by the tax commissioner, 11nd the tax commissioner is hereby directed to turn all tax executions over to said special deputy for collection."
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 114, nays 0.
The hill, having received the requisite constitutional majority, was passed, as amended.

HB 199. By Mr. Yawn of Dodge: A bill to be entitled an act to repeal an act to provide for the appointment of a probation officer 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 hill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 201. By Mr. Yawn of Dodge: A bill to be entitled an act to repeal an act establishing the city court of Eastman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

338

JOURNAL OF THE HOUSE,

HB 202. By Mr. Yawn of Dodge:
A bill to be entitled an act to provide that the clerk of the superior court of Dodge county, his deputy, and assistants, shall be paid a salary in lieu of 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 117, nays 0.

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

HB 205. By Mr. Yawn of Dodge: A bill to be entitled an act to amend an act to establish the city court of Eastman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 206. By Mr. Yawn of Dodge: A bill to be entitled an act to amend an act to establish the city court of Eastman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 207. By Mr. Lovett of Laurens: A bill to be entitled an act to incorporate the Town of East 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 120, nays 0.
The hill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 17, 1947

339

HB 209. By ~Iessrs. Dobbs and Jordan of Gwinnett:

A bill to be entitled an act to .amend an act to fix the salary of the treasurer of Gwinnett county; and for other purposes.

The follewing amendment to HB 209 was read and adopted:
Mr. Jordan of Gwinnett moves to amend HB 209 by adding a new section to be known as section 3, said section to read as follows, to wit:
"Be it further enacted by the authority aforesaid, that this act will not go into effect until the same has been submitted to the qualified voters of Gwinnett county in an election to be held in not less than 60 nor more than 6 months from the date of the approval of this act, which said election shall be called by the ordinary of said county within the time above specified and the said ordinary shall furnish said voters with ballots upon which shall he printed 'For increase of salary of the county treasurer,' and 'Against increase of salary of the county treasurer.' The returns of said election, after the managers have consolidated same, shall be made to the ordinary of said county who shall declare the results of said election. If a majority of those voting in said election vote for increase of salary of the treasurer, this act shall become effective immediately after the consolidation of the returns.''
Said act is further amended by the re-numbering of the sections in accordance with. this provision.
Said act is further amended by providing for a referendum in the caption of said bill, which referendum is to be submitted to the people before ratification of same.
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, nays 0.
The bill, having received the requisite constitutional majority, was pas3ed, as amended.

HB 220. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend an act to create the office of tax commis sioner 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 passage of the bill, the ayes were 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

340

JOURNAL OF THE HOUSE,

HB 226. By Messrs. Welsch and Willingham of Cobb:

A bill to be entitled an act to amend the charter of the City of Marietta; and for

other purposes.

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

On the passage of the bill, the ayes were 123, nays 0.

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

HB 235. By Messrs. Kenyon and Overby of Hall:
A bill to be entitled an act to amend an act entitled "Gainesville Retirement Fund"; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 247. By Mr. Hefner of Pickens:
A bill to be entitled an act to amend, consolidate and supersede the several acts incorporating the Town of Jasper; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
SB 46. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act establishing the criminal court of Atlanta, so as to adjust salaries of judges and solicitors of said court; and for other purposes.
Referred to Committee on General Judiciary No. 1.

MONDAY. FEBRUARY 17, 1947

341

SB 57. By Senator Darby of the 15th:
A bill to be entitled an act to repeal an act creating the city court of Lyons for the County of Toombs; to abolish the city court of Lyons; to provide for the dis position of business now pending in said court; to provide for a referendum and effective date of this act; and for other purposes.

Referred to Committee on Counties and County Matters.

SB 58. By Senator Darby of the 15th:
A bill to be entitled an act to repeal the act creating the office of commissioner of roads and revenues of Toombs county, Georgia, approved March 10, 1933; to provide for the effective date hereof; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 59. By Senator Darby of the 15th:
A bill to be entitled an act to create a board of commissioners of roads and revenues of Toombs county; and for other matters.
Referred to Committee on Counties and County Matters.

SB 62. By Senator Mason of the 30th:
A bill to be entitled an act amending an act dated January 31, 1946, creating the office of commissioner of roads and bridges and a board of finance; and for other purposes.
Referred to Committee on Counties and County Matters.

The following resolution of the House was read and adopted:
HR 54. By Mr. Addleton of Spalding: A resolution for an immediate and thorough investigation into the affairs con ceming veterans of World War II who are being defrauded by unscrupulous building contractors throughout the State of Georgia; and for other purposes.
Under the regular order of business, the following bills of the House were again taken up for consideration:
HB 11. By Messrs. Jennings and Kidd of Baldwin: A bill to be entitled an act to provide for the fixing of salaries of employees of the Milledgeville State Hospital; and for other purposes.

342

JOUR~AL OF THE HOUSE,

The following substitute to HB 11 was read:

A bill to be entitled an act to appropriate the sum of $300,000.00 to the Milledgeville State Hospital for the fiscal year July 1, 1947, through June 30, 1948, and each year thereafter until repealed, for the purpose of paying salary increases to employees at the Milledgeville State Hospital; and for other purposes.
Section l. Be it and it is hereby enacted by the General Assembly of the State of Georgia that there is hereby appropriated out of existing revenues not otherwise appropriated the sum of $300,000.00 for the year July 1, 1947, through June 30, 1948, and each year thereafter until repealed, for the purpose of paying a salary increase for each employee at the Milledgeville State Hospital.

The salary increases shall be as follows:

Those making under $100.00 per month .......... 30% increase $100.00-$150.00 per month .......... 15% increase $150.00-$200.00 per month .......... 10% increase :\hove $200.00 per month. . . . . . . . . . . 5% increase

This increase shall be granted within the discretion of the superintendent of the ~lilledgeville State Hospital.
Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed.
The bill involving an appropriation, the speaker resolved the House into the Committee of the Whole House to consider HB 11, and designated Mr. Wllliams of Toombs as the chairman thereof.
The Committee of the Whole House arose and through its chairman, reported HB ll back to the House with the recommendation that the same do pass by substitute.
The substitute to HB 11 was adopted in 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 speaker ordered the roll call and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Ansley Arnall Avera

Bagby Bargeron Battle Beddingfield Black Bloodworth Bostwick

Briscoe Britton Brooke Byrd Caldwell Campbell Caswell

MONDAY, FEBRUARY 17, 1947

343

Cates Causey Chance Cheshire Clark Cochran Coogle Covington Crow of Walker Davis Dobbs Dorsey Edenfield Evans Eve Evitt Flynt Fowler Garrard Garrett Gibbons Gibson Goldberg Green of Rabun Greene of Crisp Greer Groover Hagan Hall Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Hefner

Hicks Hinson Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jennings of Baldwin Joel Johnson of Bulloch Johnston of Lowndes Jones Kendrick Kenimer Kenyon Kidd King Knight Lewis of Greene Lewis of Hancock Littlejohn Lokey Long McCracken McMillan Mallard Mann of Henry Mason Mathis Meeks Miller Morgan Morris

Morrison l\Ioye of Lamar Moye of Washington Oden Overby Pennington Pulliam Rainey Ramsay Ray Risner Rucker Salter Skinner Smith of Clayton Smith of Emanuel Smith of Fulton Stevens Towill Trulock Twitty Tuten Vandiver Vickers Walker Watford Wells of Clarke Welsch Whaley Williams of Toombs Williams of Ware Wilson Yawn

Those voting in the negative were Messrs.:

Barrett Bennett Bruton Callier Chalker Cheek Claxton Conger Cowart Cox

Crowe of Worth Durden Elliott Ellis Etheridge of Baker Etheridge of Fulton Freeman Garrison Glisson Gowen

Hampton Hardy Harrison of Jenkins Henderson Higgs Hobby Holbrook Jordan Kemper Key

344

JOURNAL Ot THE HOUSE,

Leverette Lockett McWhorter Mann of Rockdale Manous Murphy

Nicholson Nightingale Ramey Reid Rich Sabados

Seagraves Smith of Oglethorpe Swindle Williams of Mcintosh Willoughby Witherington

Not voting were Messrs. Anglin, Bradley, Dykes, Elliott, Garland, Gary, Hill, Howard of Dawson, Jenkins, Jennings of Sumter, Knabb, Lovett, Malone, Massey, Mathews, Mavity, Mitchell, Moore of Lumpkin, Moore of Taliaferro, Neel, Padgett, Pearlman, Phillips, Riddlespurger, Rowland, Shields, Sills, Smith of Bryan, Smith of Carroll, Smith of Chatham, Thompson, Tuttle, Wells of Lincoln, Williams of Jones and Willingham.

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

On the passage of the bill by substitute, the ayes were 122, nays 47.

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

HB 20. By Mr. Hicks of Floyd: A bill to be entitled an act to amend the code relating to the compensation of court reporters; and for other purposes.
Mr. Hlcks of Floyd moved that further consideration of HB 20 be postponed indefinitely.
The motion prevailed, and HB 20 was postponed indefinitely.

HB 29. By Mr. McCracken of Jefferson:
A bill to be entitled an act to limit the time that suit may be brought against motor carriers for freight overcharges; and for other purposes.

The following amendment was read and adopted:
Mr. McCracken of Jefferson moves to amend HB 29 as follows: By striking the word "one" in section 1 and inserting the word "two" so that said section as amended will read as follows:
Section l. No suit nor action shall be brought against a common or contract motor carrier for overcharges, after two years have elapsed from the date of the overcharge.
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, nays 10.

MONDAY, FEBRUARY 17, 1947

345

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

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 57. By Mr. Etheridge of Fulton:
A bill to be entitled an act to provide that it shall be lawful for any person, firm, partnership or corporation of this State to pay to the wife of any employee, upon his adjudication as being insane, whatever wages may be due such employee, not to exceed $200; and for other purposes.

The following amendment was read and adopted:

Mr. Sabados of Dougherty moves to amend HB 57 by s~riking wherever the same shall

appear the figure $200, and adding in lieu thereof the words "any amount due said em-

ployee" 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 127, nays 1.

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

The following resolution was read and adopted:
HR 55. By Mr. Moye of Lamar:
A resolution in reference to nitrogen now in the hands of the war department, and its release to the farmers for the benefit of their grain crops; and for other purposes.
Under the provisions of HR 45, the speaker announced the House recessed until 1:30 P. M. this afternoon.

1:30 P.M.
The speaker called the House to order.
Under the regular order of business, the following bills of the House were again taken up for consideration:
HB 77. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts: A bill to be entitled an act to provide a limitation on the time during which an application for a year's support or an additional year's support may be filed; and for other purposes.

346

JOURNAL OF THE HOUSE,

The following amendments to HB No. 77 were read and adopted:

:\lr. Smith of Carroll moves to amend HB 77 by adding a new paragraph to be cor reedy numbered and inserted just preceding the repealing clause as follows:
No widow shall be entitled to a year's support out of her deceased husband's estate unless applied for and granted prior to any subsequent marriage, and a subsequent marriage shall be a bar to a year's support out of the widow's de ceased husbands estate unless applied for and granted prior to any marriage of the widow. This shall not prevent a setting aside of a years support to minor children as provided in section 113-1002 of the Code of 1933.
:Messrs. Key of Jasper and Nightingale of Glynn move to amend HB 77, section 1, by striking the word and figure "two (2)" and inserting in lieu thereof the word and figure "seven (7) ".

:\lr. Sabados of Dougherty moved the previous question, and the call was sustained.
.-\n amendment offered by Mr. Gowen of Glynn was ruled out of order.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, Mr. Gowen of Glynn 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 :\Iessrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Ansley Avera Battle Bennett Black Bloodworth Bostwick Bruton Byrd Callier Campbell Caswell Causey Chance Covington

Dobbs Durden Elliott Ellis Etheridge of Fulton Evans Eve Evitt Flynt Fowler Freeman Garland Garrard Garrett Gibbons Gowen Green of Rabun Greene of Crisp Greer

Groover Hardin of Turner Hardy Harrison of Jenkins Hefner Hicks Higgs Hinson Holbrook Holleman Howard of DeKalb Hurt Ingle Jennings of Baldwin Johnston of Lowndes Jordan Kemper Kendrick Kenimer

MONDAY, FEBRUARY 17. 1947

347

Kenyon Key Kidd Knight Lewis of Greene Lewis of Hancock Littlejohn Lokey Long McMillan Mann of Henry Mann of Rockdale Meeks Miller

Moore of Lumpkin Moore of Taliaferro Morrison Moye of VVashington Nicholson Nightingale Overby Ramey Ramsay Risner Rucker Salter Seagraves Shields

Those voting in the negative were Messrs.:

Arnall Bagby Beddingfield Bradley Briscoe Britton Chalker Cheek Cochran Conger Cowart Cox Crowe of VVorth Davis Garrison Goldberg Hampton Harrison of Jeff Davis

Harrison of VVayne Henderson Hill Hobby Jenkins Joel Johnson of Bulloch Leverette Lockett McCracken Mallard Manous Mason Morgan Morris Murphy Oden Padgett

Sills Skinner Smith of Carroll Smith of Chatham Swindle Towill Trulock Vickers VVells of Lincoln VVelsch VVilliams of Jones VVilliams of VVare VVillingham VVilloughby
Pulliam Rainey Ray Rich Sabados Smith of Bryan Smith of Oglethorpe Twitty Tuten Vandiver Wells of Oarke VVhaley VVilliams of Mcintosh VVilliams of Toombs VVilson VVitherington Yawn

Not voting were Messrs. Anglin, Bargeron, Barrett, Brooke, Caldwell, Cates, Cheshire, Clark, Claxton, Coogle, Crow of Walker, Dorsey, Dykes, Edenfield, Etheridge of Baker, Gary, Gibson, Glisson, Hagan, Hall, Hardin of Glascock, Howard of Dawson, Hubert, Hud dleston, Jennings of Sumter, Jones, King, Knabb, Lovett, McVVhorter, Malone, Massey, Mathews, Mathis, Mavity, Mitchell, Moye of Lamar, Neel, Pearlman, Pennington, Phillips, Reid, Riddlespurger, Rowland, Smith of Clayton, Smith of Emanuel, Smith of Fulton, Stevens, Thompson, Tuttle, Walker and Watford.

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

On the passage of the bill, as amended, the ayes were 99, nays 53.

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

348

JOURNAL OF THE HOUSE,

HB 81. By Mr. Johnson of Bulloch:
A bill to be entitled an act to establish a standard of efficiency for shorthand reporters 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, Mr. Johnsen of Bulloch moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Ansley Arnall Bagby Bargeron Battle Black Bostwick Bradley Briscoe Bruton Byrd Campbell Caswell Causey Chance Cheek Cheshire Conger Cox Crowe of Worth Davis Edenfield Elliott Ellis Etheridge of Fulton Evans Evitt Fowler Garrard Garrett Gibbons

Goldberg Green of Rabun Greene of Crisp Hampton Hardin of Glascock Hardin of Turner Harrison of J elf Davis Harrison of Jenkins Higgs Hill Hinson Hobby Holbrook Holleman Huddleston Hurt Ingle Jenkins Jennings of Baldwin Joel Johnson of Bulloch Kemper Kendrick Kenimer Key Knight Leverette Lewis of Greene Lewis of Hancock Littlejohn Lockett Lokey McCracken

Mallard Mann of Henry Manous Mason Miller Moore of Taliaferro Morgan Murphy Nicholson Oden Overby Pennington Phillips Rainey Ray Rich Shields Skinner Smith of Chatham Smith of Emanuel Smith of Fulton Swindle Twitty Tuten Vandiver Vickers Wells of Clarke Williams of Mcintosh Williams of Ware Wilson Yawn

MONDAY, FEBRUARY 17, 1947

349

Those voting in the negative were Messrs.:

Addleton Avera Beddingfield Bennett Bloodworth Britton Brooke Callier Chalker Cochran Cowart Dobbs Durden Etheridge of Baker Freeman Garrison

Groover Hall Hardy Harrison of Wayne Hefner Henderson Hubert Jordan Kenyon Long McMillan McWhorter Mann of Rockdale Moye of Washington Neel Nightingale

Pulliam Ramey Ramsay Rucker Sabados Seagraves Smith of Bryan Smith of Carroll Smith of Oglethorpe Towill Trulock Welsch Whaley Williams of Jones Witherington

Not voting were Messrs. Adams of Wheeler, Anglin, Barrett, Caldwell, Cates, Clark, Claxton, Coogle, Covington, Crow of Walker, Dorsey, Dykes, Eve, Flynt, Garland, Gary, Gib>on. Glisson, Gowen, Greer, Hagan, Hicks, Howard of Dawson, Howard of DeKalb, Jennings of Sumter, Johnston of Lowndes, Jones, Kidd, King, Knabb, Lovett, Malone, Massey, :\lathews, l\Iathis, Mavity, Meeks, Mitchell, Moore of Lumpkin, Morris, Morrison, Moye of Lamar, Padgett, Pearlman, Reid, Riddlespurger, Risner, Rowland, Salter, Sills, Smith of Clayton, Stevens, Thompson, Tuttle, Walker, Watford, Wells of Lincoln, Williams of Toombs, Willingham and Willoughby.

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

On the passage of the bill, the ayes were 97, nays 47.

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

::\lr. Johnson of Bulloch gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 81.

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 86. By Messrs. Wells of Clarke and Cheek of Franklin:
A bill to be entitled an act to amend the public safety act so as to increase the issuance of two year licenses to five year licenses; and for other purposes.
The report 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, nays 1.

350

JOURNAL OF THE HOUSE,

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

Mr. Brooke of Whitfield arose to a question of personal privilege and addressed the House.
Mr. Addleton of Spalding arose to a question of personal privilege and addressed the House.
Mr. Ramsay of Stephens arose to a question of personal privilege and addressed the House.
Mr. Moye of Lamar arose to a question of personal privilege and addressed the House.

The following resolution was read and adopted:
HR 56. By Mr. Williams of Toombs: A resolution expressing the appreciation of the House to the Atlanta Chamber of Commerce; and for other purposes.

Under the regular order of business, the following bill and resolution of the House were taken up for consideration and read the third time:
HB 99. By Messrs. Holbrook of Forsyth, Garrison of Habersham and Yawn of Dodge:
A bill to be entitled an act providing for the use of drugs of the sulfanilamide group for use in the control of livestock and poultry diseases; and for other purposes.

The following committee substitute to HB 99 was read and adopted:
By the Committee:
A bill to be entitled an act to provide for the sale, purchase, and use of drugs of the sulfanilamide, or sulfonamide group, manufactured for use in the control of livestock and poultry diseases and sold in the original, unbroken packages of the manufacture, plainly labelled to indicate their use and veterinary nature, giv ing directions for their use and adequate caution as to the dangerous character of such drugs, may be bought and sold by persons other than licensed pharmacists and without the necessity of prescriptions, to poultry and livestock owners, and dealers in poultry and livestock supplies; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND l'NDER THE AUTHORITY OF THE SAME.
SECTION I
That on and after passage of this act, it shall be lawful for any poultry or livestock owner in the State to buy and use drugs of the sulfanilamide, or sulfona mide group manufactured for use in the control of livestock and poultry disease,; and sold in the original, unbroken packages of the manufacturer plainly stamped or labelled to indicate their use and veterinary nature, giving directions for their

~IONDAY, FEBRUARY 17, I947

35I

use and adequate caution as to the dangerous character of such drugs, may be bought and sold by persons other than licensed pharmacists and without the necessity of prescriptions to poultry and livestock owners, and dealers in poultry and livestock supplies, provided no manufacturer of feed shall mix same with feed in its manufacture.

SECTION II
:'llo person, firm, or corporation in this State shall sell or offer for sale drugs of "the sulfanilamide or sulfonamide group for use as outlined in section I except that same shall be plainly stamped or labelled, with the words, "For poultry and livestock diseases only."
_-\ll 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 sub5titute. was agreed to.
On the passage of the bill, by substitute, the ayes were 116, nays I.
The bill, having received the requisite constitution majority, was passed, by substitute.

HR 2i-l03a. By :.\lr. Garrard of Wilkes:
_-\ resolution creating a commission to act on the part of the State in conjunction with the Eugene Talmadge memorial association; 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 II3, nays I.
The resolution, having received the requisite constitutional majority, was adopted.
:\Ir. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed. The speaker announced the House adjourned until tomorrow morning at IO:OO oclock.

352

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, February 18, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. Edwin J. Grimes of the Hawkinsville Methodist Church.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

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:
HB 42. By Mr. Pulliam of Elbert: A bill to be entitled an act to repeal section 801 of chapter 23 of the Code of Georgia, in reference to a vacancy in the office of commissioner of roads and revenues in any county, and substituting in lieu thereof a new section, providing for the filling of such vacancies; and for other purposes.

TUESDAY, FEBRUARY 18, 1947

353

HB 115. By Messrs. Morgan, Groover and Caldwell of Troup:
A bill to be entitled an act to authorize the mayor and aldermen of the City of West Point to grant, bargain and sell, certain described _property; to ratify and affirm any previous sale; and for other purposes.

HB 120. By Messrs. Reid and Smith of Carroll:
A bill to be entitled an act to amend an act approved November 23, 1901, creating and adopting a new charter for the Town of Temple; and for other purposes.

HB 131. By Messrs. Smith of Carroll and Garrison of Habersham:
A bill to be entitled an act to create a board of one commissioner for Carroll county; and for other purposes.

HR 51. A resolution to provide for members and officers of the Senate and House of Representatives an extension of sixty days in which to prepare and file their individual income tax returns.

HR 52. A resolution to provide for the appointment of a joint committee to investigate the effect of pending veterans affairs legislation and to report its findings.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:
HB 269. By Messrs. Brooke and Britton of Whitfield: A bill to be entitled an act to> amend the charter of the City of Dalton; and for other purposes.
Referred to Committee on Municipal Government.

HB 270. By Mr. Yawn of Dodge: A bill to be entitled an act to amend an act to consolidate the offices and duties of tax receiver and tax collector of Dodge county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 271. By Mr. Witherington of Wilcox: A bill to be entitled an act to amend an act to create a board of commissioners of roads and revenues in and for the County of Wilcox; and for other purposes.
Referred to Committee on Counties and County Matters.

354

JOURNAL OF THE HOUSE,

HB 272. By Mr. Addleton of Spalding:

A bill to be entitled an act to provide for circuit probation officers in the judicial circuits of thi~ State; and for other purposes.

Referred to Committee on Special Judiciary.

HH 273. By Messrs. Covington of Floyd, Flynt of Spalding, Eve of Richmond, Overby of Hall, Smith of Fulton and Twitty of Mitchell:
A bill to be entitled an act to amend an act which provides for the right of recovery by the mother, or, if no mother, by the father, for the homicide of a child; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 274. By Messrs. Overby of Hall, Long of Murray, Sabados of Doughe1ty and Kenyon of Hall:
A bill to be entitled an act to amend an act to provide that the proceeds from the sale of personal property sold under order of court at a sheriff's sale shall be held in trust with the clerk of the superior court for a period of 90 days to protect a bona fide purchaser at the sheriff's sale; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 275. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend an act creating the board of county commissioners of roads and revenues of Clinch county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 276. By Messrs. Joel of Clarke, Vandiver of Bibb and Bloodworth of Houston:
A bill to be entitled an act authorizing the State highway department of Georgia to sue and be sued in the courts of this State for damages, personal or property, arising out of or in connection with the operation of vehicles owned by the State highway department when such vehicle is being used in the normal course of business of the department; and for other purposes.
Referred to Committee on General Judiciary No. 1.

TUESDAY, FEBRUARY 18, 1947

355

HE 277. By Messrs. McMillan and Moye of Washington:
A bill to be entitled an act to provide for the creation of a refunding bond commission; to approve or disapprove the issuance of bonds for refunding any bonded indebtedness; and for other purposes.

Referred to Committee on Banks and Banking.

HB 219. By .Messrs. Hagan of Screven; Smith, Evans and Skinner of Chatham, Lewis of Greene; Bagby of Paulding, Hicks of Floyd, Brooke of Whitfield, and others:
:\ 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, the department of labor and employees of county, city-county and city boards of health and other State employees; and for other purposes.
Referred to Committee on State of Republic.

HB 280. By Messrs. Hinson of Ware, Hicks of Floyd, Williams of Ware and Smith of Emanuel:
A bill to be entitled an act to amend an act relating to the fees of justices of the peace; and for other purposes.
Referred to Committee on General Judiciary No. I.

HB 281. By Mr. Welsch of Cobb: A bill to be entitled an act to repeal an act pertaining to "registration of divorces and annulments of marriage"; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 282. By Messrs. Hagan of Screven, Covington of Floyd, Crowe and Hobby of Worth, Arnall of Coweta, Johnson of Bulloch, Goldberg of Coweta, Fowler of Douglas and Twitty of Mitchell:
A bill to be entitled an act to provide statewide forest fire protection; and for other purposes.
Referred to Committee on Conservation.

HB 283. By Mr. Trulock of Grady:
A bill to be entitled an act to amend an act to abolish the offices of tax receiver and tax collector of Grady county; and for other purposes.
Referred to Committee on Counties and County Matters.

356

JOURNAL OF THE HOUSE.

HR 57-283A. By Messrs. Cochran and Neel of Thomas:
A resolution proposing to the qualified voters of Georgia for ratification or rejection, an amendment relating to the Governor's term of office, salary, etc., by providing that no person who has served as Governor, or who will in the future serve as Governor, will be eligible to serve for but one term of four years; and for other purposes.
Referred to Committee on Amendments to C~nstitution No. 1.

HR 58-283B. By Mr. Garrison of Habersham:
A resolution proposing to the qualified voters an amendment relating to sessions of the General Assembly so as to provide for annual sessions of fifty days; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HR 59-283C. By Mr. Willoughby of Clinch:
A resolution to authorize and direct the comllliSSioners of roads and revenues of the County of Clinch to contribute an amount not to exceed $7,500.00 when a veterans home in Homerville has been completed, if public subscriptions have not
. fully covered same; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 60-2830. By Mr. Willoughby of Clinch:
A resolution to provide for a committee to make a survey of the Georgia educational system; and for other purpose's.
Referred to Committee on Education No. I.

HB 284. By Mr. Smith of Chatham:
A bill to be entitled an act to name and fix the terms of the superior court of Chatham county; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 285. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to be entitled an act to provide for ilie use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all municipalities having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants; and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, FEBRUARY 18, 1947

357

HB 286. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to he entitled an act to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all counties in the State having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants; and for other purposes.

Referred to Committee on Counties and County Matters.

HB 287. By Messrs. Kidd and Jennings of Baldwin and Lewis of Hancock:
A bill to he entitled an act to amend an act to provide for the selection of official organ for publication of legal advertisements; to determine the qualification of papers entitled to be selected as the official organ; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 288. By Messrs. Harrison of Jenkins and Caswell of Heard:
A bill to be entitled an act to amend an act of the code of 1933 to provide for organization of a new militia district; and for other purposes.
Referred to Committee on General Judiciary No. 1.

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County .Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 28. Do Pass. SB 12. Do Pass. HB 227. Do Pass. HB 231. Do Pass. HB 188. Do Pass. HB 240. Do Pass. HB 161. Do Pass. HB 215. Do Pass.

Respectfully submitted,

Ramey of Chattooga, Chairman

358

JOURNAL OF THE HOUSE,

Mr. Hicks of Floyd County, chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 58. Do Pass.

HB 236. Do Pass.

HB 245. Do Pass.

HB 258. Do Pass.

Respectfully submitted,

Hicks of Floyd, Chairman

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, sub mitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 104. Do Pass.

HB 125. Do Pass.

HB 239. Do Pass.

HB 94. Do Not Pass.

Respectfully submitted,

Cheek of Franklin, Chairman

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

SB 12. By Senator Millican of the 52nd:
A bill to be entitled an act to provide a county manager for counties of over 200,000 population according to 1940 census; and for other purposes.

SB 28. By Senator Kennon of the 53rd:
A bill to be entitled an act to amend an act entitled "Cook Board of Commissioners Created" the same creating a board of commissioners of roads and revenue for Cook county; and for other purposes.

TUESDAY, FEBRUARY 18, 1947

359

HB 58. By Mr. Etheridge of Fulton:
A bill to be entitled an act to give an express lien to involuntary gratuitous de-
positaries; to authorize such depositaries for the purpose of locating the owner, to open and examine the containers of property; and for other purposes.

HB 104. By Mr. Oden of Pierce:
A bill to be entitled an act to amend an act entitled an act to amend an act to establish the city court of Blackshear; and for other purposes.

HB 125. By Mr. Smith of Fulton:
A bill to be entitled a,n act to prohibit gambling, offering to bet or soliciting bets on the result, events connected with or act of a participant in any game, sport or athletic contest; and for other purposes.

HB 161. By Mr. Bennett of Barrow:
A bill to be entitled an act to provide that the salary of the clerk of board of commissioners of roads and revenues of the County of Barrow receive a salary of not more than $150.00 per month; and for other purposes.

HB 188. By Messrs. Davis and Jenkins of Bartow:
A bill to be entitled an act to increase the fees of coroners, jurors summoned by the coroner, and the sheriffs fees in connection with the holding of an inquest upon a dead body; and for other purposes.

HB 215. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to provide for the counties of this State having a population of not less than 83,783 and not more than 83,799, to employ stenographers to take down and transcribe evidence at coroner's inquest; and for other purposes.

HB 227. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing the criminal court of Fulton county, by fixing the salary of the solicitor general of said court; and for other purposes.

HB 231. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a juvenile court in <:_ertain counties having a population of 200,000 or more; providing for the salary of the judge of said court; and for other purposes.

360

JOURNAL OF THE HOUSE,

HB 236. By Mr. Nicholson of Oconee:

A bill to be entitled an act to amend section 30-123 of the Code of Georgia of 1933 revising the laws of Georgia in respect to the relieving of disabilities; and for other purposes.

HB 239. By Mr. Morrison of Montgomery:
A bill to be entitled an act for the disposition of fines and forfeitures accumu lating in the superior court of the County of Montgomery; and for other purposes.

HB 240. By Mr. Witherington of Wilcox:
A bill to be entitled an act to provide for the fees of coroner; to provide for pay for jurors in coroners inquest; and for other purposes.

HB 245. By Messrs. Elliott of Muscogee, Covington of Floyd, Flynt of Spalding, Hicks of Floyd, Gowen of Glynn, Nightingale of Glynn, Garland of Butts, Eve of Rich mond and Dobbs of Gwinnett:
A bill to be entitled an act to amend an act to provide for the holding of bar examinations in this State; and for other purposes.

HB 258. By Mr. Chalker of Pulaski:
A bill to be entitled an act to amend an act raising the salary of the clerk of the board of commissioners of roads and revenues of Pulaski county; and for other purposes.

By unanimous consent, the following bill of the House was read the third time and placed upon its passage:
HB 187. By Messrs. Welsch and Willingham of Cobb:
A bill to be entitled an act to amend the charter of the Town of Acworth; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY. FEBRUARY 18, 1947

361

Mr. Johnson of Bulloch moved that the House reconsider its action in failing to pau the following bill of the House:

HB81. By Mr. Johnson of Bulloch:
A bill to be entitled an act to establish a standard of efficiency and character for shorthand reporters in this State; and for other purposes.
'.fhe motion to reconsider prevailed, and HB 81 was placed at the foot of the calendar, to follow HR 50-236a.

Under the regular order of business, the following resolution of the house was taken up for consideration:
HR 20-13b. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens and Lewis of Hancock:
A resolution providing for the operation of the affairs of the State of Georgia; and for other purposes.
By unanimous consent, further consideration of HR 20-13b was postponed until next Tuesday, February 25, immediately following the expiration of the period of unanimous consents.

Under the regular order of business, the following bill of the House was taken up for the purpose of considering the unfavorable report of the committee:
HB 71. By Messrs. Nicholson of Oconee, Hefner of Pickens, Dobbs of Gwinnett and Greene of Crisp:
A bill to be entitled an act to amend the code in reference to the eligibility of applicants for license to practice dentistry; and for other purposes.
The unfavorable report of the committee was agreed to, and HB 71 was lost.

Under the regqlar order of business, the following bills of the House were taken up for the purpose of considering the unfavorable reports of the committees, and the bills were read the second time:
HB 72. By Messrs. Lovett and Malone of Laurens, Jennings of Sumter, and others:
A hill to he entitled an act to prohibit the use of force, intimidation, violence, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working; and for other purposes.
On the question of agreeing to the unfavorable report of the com!Dittee on HB 72,
Mr. Addleton of Spalding moved the ayes and nays, and the call was sustained.

362

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Adams of Polk Addleton Bagby Bloodworth Britton Brooke Evans Goldberg Gqwen

Hardin of Glascock Hefner Hicks Howard of DeKalb Hubert Hurt Kendrick Lewis of Greene Long

Those voting in the negative were Messrs.:

_\dams of Towns Adams of Wheeler Anglin Ansley Arnall Avera Bargeron Barrett Battle Beddingfield Bennett Black Bostwick Briscoe Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chalker Chance Cheek Cheshire Clark Claxton Cochran Conger Coogle Cowart

Cox Crowe of Worth Davis Dobbs Dorsey Durden Dykes Edenfield Elliott Ellis Eve Evitt Flynt Fowler Freeman Garrard Garrett Garrison Gary Gibbons Gibson Glisson Green of Rabun Greene of Crisp Greer Groover Hall Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne

Massey ~Ioore of Taliaferro Ramey Shields Skinner Smith of Fulton Vandiver Wells of Clarke Wilson
Henderson Higgs Hill Hinson Hobby Holbrook Holleman Huddleston Ingle Jenkins Jennings of Baldwin Jennings of Sumter Joel .Iohnson of Bulloch Johnston of Lowndes Jordan Kenimer Kenyon Key Kidd King Knabb Knight Leverette Lewis of Hancock Lockett Lokey Lovett McMillan :\fcWhorter Mallard :Malone

TUESDAY, FEBRUARY 18, 1947

363

.Mann of Henry Mann of Rockdale Manous Mason .Mathews Mathis Meeks Mitchell Miller Moore of Lumpkin .Morgan Morris Morrison Moye of Lamar .Moye of Washington Murphy Neel Nicholson Nightingale Oden Overby

Padgett Pennington Phillips Pulliam Rainey Ramsay Ray Reid Rich Risner Rowland Rucker Sabados Salter Seagraves Sills Smith of Bryan Smith of Carroll Smith of Clayton Smith of Emanuel Smith of Oglthorpe

Stevens Swindle Thompson Towill Trulock Twitty Tuten Tuttle Vickers Walker Watford Wells of Lincoln Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Witherington Yawn

Not voting were Messrs. Bradley, Covington, Crow of Walker, Etheridge of Baker, Etheridge of Fulton, Garland, Hagan, Hampton, Howard of Dawson, Jones, Kemper, Littlejohn, McCracken, Mavity, Pearlman, Riddlespurger, Smith of Chatham, Welsch, Whaley and Willoughby.

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

On the question of agreeing to the unfavorable report of the committee, the ayes were 28, nays 157.

The unfavorable report of the committee was disagreed to, and the bill was placed on the calendar.

HB 73. By Messrs. Lovett of Laurens, Williams of Jones, Jennings of Sumter, and others:
A bill to be entitled an act to prohibit any individual being required as a condition of employment, to be or refrain from being a member or affiliate of a labor organization; and for other purposes.
The unfavorable report of the committee on HB 73 was disagreed to, and the bill was placed on the calendar.

HB 78. By Messrs. Gowen of Glynn, Sabados of Dougherty and Harrison of Jenkins:
A bill to be entitled an act to repeal a certain section of the Code of Georgia of 1933 in reference to quo warranto prot;eedings; and fpr other purposes.

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JOURNAL OF THE HOUSE,

:Wr. Joel of Clarke moved to table the bill.
On the motion to table, the ayes were 47, nays 106, and the motion was lost.
On the question of agreeing to the unfavorable report of the committee, the ayes were 92, nays 66.
The unfavorable report of the committee was agreed to, and the bill was lost.
Under the provisions of HR 45, the speaker announced the House recessed until 2:10 o'clock P. M., this afternoon.

The speaker called the House to order.

2:10 P. M.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
}lr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House, to wit:
HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, and many others:
A bill to be entitled an act to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections by any political party, organization, or association for the purpose of choosing or selecting candidates for office or delegates to conventions, the time of holding same, and to repeal all laws or parts of laws regulating in any manner or having reference in any manner to the holding of primaries by any political party, organization or association; and for other purposes.

Under the regular order of business, the following resolution of the House waa taken up for consideration:
HR 28-103b. By Mr. Bloodworth of Houston:
A resolution appropriating certain monies to pay damages to Mi:s. Lillian Andrews, et a!; and for other purposes.
By unanimous consent, further consideration of HR 28-103b was postponed until Monday morning, February 24, 1947, immediately following the expiration of the period of unanimous consents.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:

TUESDAY. FEBRUARY 18, 1947

365

HB 105. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend the general tax act in reference to the levying of a tax or license on persons. firms, or corporations engaged in fortune telling, phrenology, 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 137, nays 1.

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

The following bill of the House was taken up f~r the purpose of considering the Senate amendments thereto:
HB 13. By ~fessrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, and many others:
A bill to be entitled an act to revise the election laws and to. repeal all laws or parts of laws providing the method and manner of holding primary elections by any political party, organization or association; and for other purposes.

(l). The following Senate amendment to HB 13 was read:
The Senate amends Section 39 of House Bill l\o. 13 by striking and eliminating said Section 39 and by substituting therefor a new Section 39 and new Sections 39A, 39B, 39C and 390 as follows:
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that An Act approved March 12, 1941, which is published on pages 324, 325. 326 and 327 of the 1941 Georgia Laws, which is an Act entitled
"An Act to amend Chapter 34-19 of the Code of Georgia of 1933 relating to elections by providing a new system of voting cumulative of those now in existence and providing further for a secret ballot in all primary and general elections in the State of Georgia; the qualification of candidates; and providing that the provisions of this Act shall be adopted upon the recommendation of one Grand Jury; to provide for the discontinuance of the provisions of this Act upon the recommendation of one Grand Jury; to provide for certain duties of the election manager when a ballot has been challenged, and further providing that the number strip shall not be removed fro~ the challenged ballot; to repeal conflicting laws; and for other purposes,"
be and the same is hereby amended as follows:
(l) By striking frrun the fourth line of the caption of said Act as it is pftblished in Georgia Laws 1941 page 324 the words "primary and".
(2) By striking and eliminating Section 1 of said Act which is published Georgia LaNs l941 . pages 324, 325 and 326 and by substituting therefor a new Section 1 to read as follows:

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JOURNAL OF THE HOUSE,

"Section 1. That Chapter 34-19 of the Georgia Code of 1933 be and the same is hereby amended by adding to said Chapter a new Section to be known as Section 34-1914, which new Section shall read as follows:

"34-1914. Ballots, qualifications of candidates-In all general elections the official ballots shall have printed thereon the names of all candidates who have properly qualified as provided by law, such names to be arranged upon said ballots in alphabetical order as to candidates for the same office, said ballots to be numbered consecutively and to be bound together in blocks or pads in such manner that each ballot may be detached and removed speedily. Each ballot shall have attached at the top thereof a number strip which may be easily detached, and each number strip shall have attached at the top thereof a stub which may be easily detached, with a blank space on said stub for the name of the voter, and printed thereon a letter of the alphabet or other designation and a number, and the same designation and number shall be printed upon the number strip; but a different designation or letter shall be printed upon the stubs and number strips attached to ballots used at the various polling places, so that the stubs and number strips attached to ballots at no two places in the same county shall bear the same designation. When a voter shall apply for a ballot his name shall be written upon one of the stubs and he shall be given the number strip and the ballot which shall be detached from the stub upon which said voter's name is written. After said voter has prepared his ballot he shall fold the same in such manner that the manager may compare the designation and number on the number strip attached to said ballot with the designation and number upon the stub containing the name of the voter, and if said designation and the number be the same, the voter shall while in the presence of a manager detach the number strip from the ballot without exposing or disclosing the faee of the ballot itself and deposit said ballot in the ballot box and then hand over the number strip to the manager to be preserved by him as a part of the election records. On the ballot shall be printed such words as will enable the voter to express his choice, such as "Vote for One", "Vote for Two", and the like; and the voter or elector shall erase, mark out or cancel the name or names of the candidate or candidates for w)lom he does not wish to vote. If at any time there shall be submitted at a general election any matter or question to be voted upon, the ballots shall have printed thereon the necessary language to guide the voter in the expression of his desire as to any such matter or question."

Section 39A. Be it further enacted by the authority aforesaid that Section 2 of said Act approved March 12, 1941, which is published in Georgia Laws 1941 page 326 is amended by adding thereto the following sentence:

"The provisions of Section 34-1915 of the Code of Georgia of 1933 relating to t}:!e duties of the election manager when a ballot has been challenged shall relate exclusively to general elections and elections other than primary elections."

Section 39R Be it further enacted by the authority aforesaid that Section 3 of

said Act approved March 12. 1941, which is published in Georgia Laws 1941 page

326 be, and the same is, hereby repealed.

'

Section 39C. Be it further enacted by the authority aforesaid that Section 4 of said Act approved March 12, 1941, which is published in Georgia Laws 1941 page 327 is amended in the following particulars:

TUESDAY, FEBRUARY 18, 1947

367

(a) By striking and eliminating the words "and Primaries" which occur in the 8th line of Section 4 of said Act, as said Section 4 is published on page 327.of the 1941 Georgia Laws:
(b) By inserting immediately following the figures "1933" and before the word "except"' which occur in line 12 on page 327 of the 1941 Georgia Laws the words "as amended."
Section 39D. Except as herein specifically provided said Act approved March 12, 1941, and published on pages 324, 325, 326 and 327 of the 1941 Georgia Laws shall remain in full force and effect.
Mr. Elliott of ;\Iuscogee moved that the House agree to Senate amendment No. 1 to
HB No. 13.
On the motion, the ayes were 124, nays 4.
Senate amendment No. 1 was agreed to.

(2) The following Senate amendment to HB No. 13 was read:
The Senate amends HB 13 by adding thereto a new section, to be appropriately numbered, which new section shall read as follows:
Section 41D. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act approved February 18, 1941 (Georgia Laws 1941, page 439}, entitled "An Act to prohibit and to regulate within the territorial limits of any County in this State having a population of 200,000 or more according to the United States Census of 1940, or by any future United States census, the solicitation of votes for any person or proposition; for restricting the handing out of cards or pamphlets for any person or proposition to be voted on; to provide for police protection at the polls in the county _outside the limitation of municipality; to provide penalties for the violation of this Act, and for other purposes'', be and it is hereby amended by striking from Section 2 thereof the words "or primary", by striking from Section 3 thereof the words "or Primary" and by striking from Section 4 thereof the words "or primary" so that said law shall continue in full force and effect except as to primary elections. Except as specifically provided in this section the law referred to in this section shall remain in full force and effect.
Mr. Elliott of l\Iuscogee moved that the House agree to Senate amendment No. 2 to HB No. 13.
On the motion, the ayes were 129, nays 2.
Senate Amendment No. 2 was agreed to.

(3) The following Senate amendment to HB No. 13 was read:
The Senate amends HB 13 by adding thereto a new section, to be appropriately numbered, which new section shall read as follows:

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JOURNAL OF THE HOUSE,

Section 41E. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act approved December 24, 1937, set out in Ga. Laws 1937-38 beginning on page 371, providing for and relating to the use of voting machines for casting, registering, recording and computing ballots at elections in all municipalities and cities having a population of 200,000 or more, he and it is hereby amended by striking from said Act the words "primary", "primaries", "primary elections" whenever the same appear in said Act and by striking from said Act all references to primary elections. Said Act shall continue in full force and effect except as to primaries and primary elections.

Mr. Elliott of Muscogee moved that the House agree to Senate amendment No. 3 to
HB No. 13.

On the motion, the ayes were 128, nays 1.

Senate Amendment No.3 was agreed to.

(4) The following Senate amendment to HB No. 13 was read:
The Senate amends Section 50 of HB 13 as follows:
By adding to Section 50 the words "Whenever any law not specifically hereinbefore identified shall relate to primary elections and also to general and special elections said law is not repealed in its entirety hut ouly the language, terms or provisions thereof making said laws applicable to primary elections shall he repealed and said laws shall continue in full force and effect as to all general and special elections."
Mr. Elliott of Muscogee moved that the House agree to Senate amendment No. 4 to HB No. 13.
On the motion. the ayes were 133, nays 1.
Senate amendment No. 4 was agreed to.

(5) The following Senate amendment to HB No. 13 was read:
The Senate amends HB 13 by adding a new section to he known as Section 49A and reading as follows:
Section 49A. The Superior Courts of this State are hereby vested with the power and are hereby directed to prevent and punish for frauds, illegal and immoral acts, and crimes perpetrated by any member, candidate, officer or official of any political party or group, and against any other member, candidate, officer, official of the State or any of its citizens, and all rights and remedies now available for prevention and punishment of such illegal, immoral and fraudulent acts, and crimes are hereby preserved and shall he enforced by said courts. The provisions of this section shall he applicable to any group, association, party or individual, race or creed, in any and all elections, and any violations shall he punished under the laws of this State as for a misdemeanor.

TUESDAY, FEBRUARY 18, 1947

369

Mr. Elliott of l\luscogee moved that the House disagree to Senate ~endment No. 5 to HB 13.
Mr. Addleton of Spalding moved the previous question.

On the motion for the previous question, the ayes were 89, nays 53.

The call for the previous question was sustained.

On the motion to disagree to Senate amendment No. 5 to HB 13, Mr. Kenyon of Hall 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 Mesars.:

Adams of Towns Adams of Wheeler Addleton Anglin Ansley Bargeron Barrett Bennett Black Bostwick Bradley Briscoe Byrd Callier Caswell Cates Chalker Chance Cheek Cheshire Cochran Conger Coogle Cowart Cox Crowe of Worth Davis Edenfield Elliott Ellis Flynt Garrard Garrett Gary

Gibbons Glisson Greene of Crisp Hall Hardin of Glascock Hardin of Turner Harrison of J efl Davis Higgs Hill Hobby Holleman Huddleston Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jones Kidd King Knight Lewis of Hancock Lockett Lokey Lovett McCracken McMillan Mann of Rockdale Manous Meeks Mitchell Miller Morrison Moye of Lamar Murphy

Oden Overby Padgett Pearlman Pulliam Rainey Ramey Ray Rich Risner Rowland Rucker Salter Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Smith of Oglethorpe Stevens Thompson Twitty Tuttle Vickers Walker Wells of Lincoln Whaley Williams of Jenes Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn

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JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams of Polk Avera Bagby Beddingfield Bloodworth Britton Brooke Bruton Caldwell Campbell Causey Dobbs Dorsey Durden Etheridge of Fulton Evans Eve Evitt Fowler Freeman Garrison Gibson Goldberg Gowen Green of Rabun Greer Groover

Hagan Hardy Harrison of Jenkins Hefner Henderson Hicks Hinson Holbrook Howard of DeKalb Hubert Hurt Ingle Jenkins Joel Jordan Kemper Kenimer Kenyon Key Lewis of Greene Littlejohn Long McWhorter Mallard Mann of Henry Mason Massey

Mathews Moore of Lumpkin Moore of Taliaferro Morgan Morris Moye of Washington Neel Nicholson Nightingale Phillips Ramsay Reid Sabados Seagraves Skinner Smith of Chatham Smith of Fulton Swindle Towill Trulock Tuten Vandiver Wells of Clarke Welsch Williams of Ware Willingham Wilson

Not voting were Messrs. Arnall, Battle, Clark, Claxton, Covington, Crow of Walker, Dykes, Etheridge of Baker, Garland, Hampton, Harrison of Wayne, Howard of Dawson, Kendrick, Knabb, Leverette, Malone, Mathis, Mavity, Pennington, Riddlespurger, Smith of Clayton and Watford.

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

On the motion to disagree to ..Senate amendment No. 5 to HB 13, the ayes were 101, nays 81.

The motion prevailed, and Senate amendment No. 5 to HB 13 was disagreed to.

Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.

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

WEDNESDAY, FEBRUARY 19, 1947

371

Representative Hall, Atlanta, Georgia. Wednesday, February 19, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. Edwin J. Grimes of Hawkinsville Methodist Church.
By unanimous consent, the call of the roll was dispensed with.
:Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House.
'
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported.
;:,. Third reading and passage of local uncontested bills and resolutions.
6. Third reading and passage of general bills with local application.
7. First reading and reference of Senate. bills and resolutions.

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 10. By Senator Daniell of the 49th: A bill to be entitled an act defining "employee," "employer," "employment" and "labor organization"; and requiring as a condition of employment that any employee become affiliated with any labor organization; and for other purposes.

372

JOURNAL OF THE HOUSE,

SB 11. By Senator Daniell of the 49th:
A bill to be entitled an act making it unlawful for any employee, employer or labor organization to use intimidation, violence or threats in connection with any employee quitting or continuing in employment; or for two or more persons assembling near any place where a labor dispute exists or obstructing the entrance or egress of any place of employment where a labor dispute exists, or compelling any person to join or refrain from joining any labor organization; or preventing any person from lawfully engaging in any business activity; and for other purpoSes.

SB 34. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act approved March 16, 1939, entitled an act to provide that counties having a population of more than two hundred thousand (200,000) by the U. S. census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries, now in active service; and to future members and their dependents in specified cases; and for other purposes.

SB 35. 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 of Fulton county to establish a pension fund; and for other purposes.

SB47. By Senator Millican of the 52nd:
A bill to amend title 36, code 1933, by adding a provlSlon for condemnation of property which shall be applicable to all municipalities and counties of more than 250,000 according to last or future federal census; and for other purposes.

SB 64. By Senator Grayson of the 1st:
A bill to amend the charter of the mayor and aldermen of the City of Savannah, and the several acts amendatory thereof and supplementary thereto, incorporating the mayor and aldermen of the City of Savannah to provide by ordinance for the creation of a Savannah river bridge commission; and for other purposes.

The Senate has passed by the requisite constitutional majority the following lUlls of the House, to wit:
HB 39. By Messrs. J obnson and Mallard of Bulloch:
A bill to be entitled an act to amend the charter of the City of Statesboro; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1947

373

HB 51. By Messrs. Eve, Morris and Towill of Richmond:
A bill to be entitled an act to provide a charter for the City of Augusta; and for other purposes.

HB 52. By Mr. Padgett of Echols:
A bill to be entitled an act to amend an act to establish a board of commissioners of roads and revenues for the County of Echols; and for other purposes.

HB68. By Messrs. Eve, Morris and Towill of Richmond:
A bill to be entitled an act to prohibit and to regulate within the territorial limits of any county in this State having a population of between 81,000 and 82,000 according to the U. S. census of 1940, or by 1\!lY future United States census, the solicitation of votes for any person or proposition; to prohibit loitering In the vicinity of the polls; and for other purposes.

HB 88. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend an act entitled an act to amend the charter of the Town of Athens and the various acts amendatory thereof, specifically sections 3 and 4 thereof, by striking from said section 3 the words "nine" and "four" in line 7, section 3, page 128, Georgia Laws 1872, and by inserting therein in lieu of the, etc.; and for other purposes.

HB 90. By Mr. Beddingfield of Dooly:
A bill to be entitled an act to amend an act approved March 2, 1943 (Georgia Laws 1943, at pages 9512) amending an act approved Aug. 13, 1929, entitled an act to amend an act approved Aug. 9, 1919, amending an act creating a board of commissioners of roads and revenues for the County of Dooly so that each road district shall nominate and elect its own commissioners; and for other purposes.

HB 95. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend the charter of the mayor and council of the City of Athens, and acts amendatory thereof; to provide for the creation of a retirement fund for the payment of benefits to salaried employees of the water works department; salaried employees of the city clerk including the city clerk, etc.; and for other purposes.

HB 100. By Messrs. Hefner of Pickens and Manous of Cherokee:
A bill to be entitled an act to incorporate the Town of Nelson, in the counties of Cherokee and Pickens, State of Georgia, and to grant certain powers and privileges to said town; to create a new charter for said corporation; and for other purposes.

374

JOURNAL OF THE HOUSE,

HB 106. By Mr. Conger of Tift:
A bill to be entitled an act to amend an act creating and providing a charter for the town of Omega approved July 30, 1912, by extending the corporate limits of said town of Omega; and for other purposes.

HB 108. By Mr. Bostwick of Early:
A bill to be entitled an act to amend an act approved August 9, 1929, entitled an act to amend an act approved July 30, 1927, Ga. Laws 1927, page 566, entitled an act to create the office of tax commissioner of Early county; and for other purposes.

HB 109. By Mr. Williams of Mcintosh:
A. bill to be entitled an act to repeal in its entirety an act approved January 25, 1945 (Acts 1945, pp. 496-497) entitled an act to amend the act of February 26, 1876 creating commissioners of Mcintosh county; and for other purposes.

HB llO. By Mr. Williams of Mcintosh:
A bill to be entitled an act to amend the act of February 26, 1876, creating com missioners of Mcintosh county, as amended by an act approved July 31, 1913; and for other purposes.

HB 124. By Messrs. Towill, Morris and Eve of Richmond:
A bill to be entitled an act to provide for the continued existence of the public school system of the County of Richmond in accordance with section X of article VIII of the Constitution of the State of Georgia and for its management and con trol as provided in an act entitled an act to regulate public instruction in the County of Richmond approved August 23, 1872, etc.; and for other purposes.

HB 144. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to aiiii!nd an act entitled an act to amend the charter of the Town of Athens relating to the city attorney; and for other purposes.

HB 146. By Messrs. Wells and Joel of Clarke:
A hill to he entitled an act to amend an act entitled an act to amend the charter of the Town of Athens so as to provide a civil service commission; to place the fire department and police department under the said commission; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1947

375

HB 145. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend an act entitled an act to amend the charter of the Town of Athens relating to the city attorney; and for other purposes.

HB 149. By Messrs. Arnall and Goldberg of Coweta:
A bill to be entitled an act to amend an act to create a new charter for the City of Newnan; and for other purposes.

HB 151. By Mr. Miller of .Miller:
A bill to be entitled an act to repeal an aci entitled an act to amend, consolidate and supersede several acts incorporating the City of Colquitt; and for other purposes.

HB 152. By .Mr. .Miller of Miller:
A bill to be entitled an act to amend an act entitled an act to prohibit livestock running at large within the corporate limits of the City of Colquitt; and for other purposes.

HB 153. By Mr. .Miller of .Miller:
A bill to be entitled an act to repeal an act entitled an act to amend, consolidate and supersede the several acts incorporating the City of Colquitt; and for other purposes.

HB 166. By .Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend an act incorporating the City of Dalton so as to provide for the election and duties of the tax assessor of said city; and for other purposes.

HB 167. By .Mr. Mann of Henry:
A bill to be entitled an act to amend an act creating the charter of the City of McDonough; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House, to wit:
HB 135. By Mr. Conger of Tift:
A bill to be entitled an act to amend an act entitled an act to create a board of commissioners of roads and revenues in and for the County of Tift; and for other purposes.

376

JOURNAL OF THE HOUSE,

The Senate has passed by the requisite const_itutional majority the following bills of the House, to wit:

HB 5. By Messrs. Jennings and Kidd of Baldwin:

A bill to be entitled an act to amend an act entitled "an act to amend an act approved Dec. 22, 1898, providing for the election of board of county commissioners by the people of Baldwin county"; and for other purposes.

HB 62. By Messrs. Elliott, Holleman and Shields 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.

HB 123. By Mr. Tuten of Appling:
A bill to be entitled an act to amend section 21-105 of the Code of Georgia of 1933 so as to provide for an increase in the fees of coroners in counties having a population of not less than 14,490 and not more than 14,500; and for other purposes.

HB 139. By Messrs. Eve, Morris and Towill of Richmond:
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 Richmond; and for other purposes.

HB 140. By Messrs. Eve, Morris and Towill of Richmond:
A bill to be entitled an act to prohibit and to regulate the sale or the exposing for sale of fireworks; and for other purposes.

HB 150. By Messrs. Arnall and Goldberg of Coweta:
A bill to be entitled an act to authorize the board of commissioners of roads and revenues of Coweta county to establish rules and regulations governing the payment of pension to county employees; and for other purposes.

HB 154. By Messrs. Glisson of Evans and Caldwell of Troup:
A bill to be entitled an act to authorize the proper fiscal authorities -{If the County of Evans to pay the sum of $50.00 monthly to the ordinary of said county; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1947

377

HB 159. By Mr. Bloodworth of Houston:
I
A bill to be entitled an act to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the superior court; and for other purposes.

HB 148. By Messrs. Twitty and Hand of Mitchell:
A bill to be entitled an act to authorize the county comnnss10ners to pay a pen sion to all employees of said counties who have been in continuous service for a period of thirty-five years or more; and for other purposes.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 289. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize any county in this State in which malt beverages, beer, wines, spirituous liquors, distilled spirits or whiskey may be sold, possessed or manufactured by virtue of a license or any previous election to call and hold an election or elections, upon petition of 35% of the registered voters, so that the qualified voters may vote to prohibit or permit the iaxing, licensing and legalizing the beverages and liquors, or any of them, herein named; and for other purposes.
Referred to Committee on Temperance.

HB290. By Mr. Bruton of Cook:
A bill to be entitled an act to amend an act entitled an act to create a board of commissioners of roads and revenues in and for the County of Cook, consisting of three (3) members; to define their qualifications, powers and duties, and to provide for their compensation; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 291. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend an act entitled an act to create and establish the city court of Decatur; to define the jurisdiction thereof; and for other purposes.
Referred to Committee on Municipal Government.

378

JOURNAL OF THE HOUSE,

HB292. By :\Iessrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act tc amend an act approved .-\ugust 21, 1906, which is entitled an act to authorize the election of a commissioner of roads and revenues for the County of DeKalb; to prescribe his power, duties and compensation; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 293. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to amend an act approved August 13, 1924, entitled an act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court, the sheriff, the ordinary, the tax collector and the tax receiver; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 294. By Messrs. MeWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend an act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of De catur, now City of Decatur, in the County of DeKalb, and the several acts amendatory thereof; and for other purposes.
Referred to Committee on Municipal Government.

HB295. By l\Iessrs. Howard, McWhorter and Hubert of DeKalb: _-\ bill to be entitled an act to amend section 43 of the original charter of the City of Stone :Mountain app1oved August 21, 1929; and for other purposes.
Referred to Committee on Municipal Government.

HB 296. By Messrs. Howard, McWhorter and Hubert of DeKalb: .-\ bill to be entitled an act to amend an act to provide and establish a new charter for the Town of Clarkston in the County of DeKalb; and for other purposes.
Referred to Committee on Municipal Government.

HB 297. By Messrs. McWhorter, Howard and Hubert of DeKalb:
.-\ bill to be entitled an act to amend section 38 of the act approved August 17, 1909, creating and establishing a new c.harter and municipal government for the Town of Decatur, and the several acts amendatory thereof authorizing the city authorities of said City of Decatur to assess the entire cost for constructing sewers against the abutting property owners; and for other purposes.
Referred to Committee on :\Iunicipal Government.

WEDNESDAY, FEBRUARY 19, 1947

379

HB 298. By Mr. McCracken of Jefferson:
A bill to be entitled an act to provide that the judges of the superior courts of this State shall have the power to suspend the imposition or execution of the sentence and to place defendants on probation in felony cases; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 299. By Messrs. Ray of Warren, Ramsay of Stephens and Cheek of Franklin:
A bill to be entitled an act to make it mandatory for all county officers who are required to give bond to give a surety bond and to provide that the premiums due on such bond shall he paid by the county fiscal authorities from county funds; and for other purposes.
Referred to Committee on Special Judiciary.

HB300. By Messrs. Smith of Chatham, Lewis of Hancock and Welsch of Cobb:
A bill to be entitled an act to amend and revise the procedure in trial courts in divorce cases, to have divorce trials conform to the general procedure in civil cases except as otherwise specially provided; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 301. By Messrs. Kendrick, Etheridge and Smith of Fulton: A bill to be e'ntitled an act to amend an act to incorporate the City of Hapeville; and for other purposes.
Referred to Committee on Municipal Government.

HB 302. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act approved July 15, 1927, entitled an act to amend an act approved September 16, 1891, incorporating the City of Hapeville, to define the duties of aldermen of the City of Hapeville; and for other purposes.
Referred to Committee on Municipal Government.

HB 303. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend an act to incorporate the City of Hapeville, approved September 16, 1891, to authorize the creation in the city government of said city the office of city manager; and for other purposes.
Referred to Committee on Municipal Government.

380

JOURNAL OF THE HOUSE,

HR 61-303a. By MeEsrs. Etheridge, Kendrick and Smith of Fulton:
A resolution to propose to the qualified voters of the State of Georgia an amendment to article 7, section 4, paragraph I, of the Constitution of the State of Georgia, so as to provide that the board of commissioners of roads and revenues of Fulton county shall have power to levy either a tax or an assessment, or both, upon any part of or all the real property in said county which is outside the incorporated areas of any city, town or municipality, for garbage disposal services.
Referred to Committee on Amendments to Constitution No. I.

HR 62-303b. By Mr. Rowland of Johnson:
A resolution to authorize and direct the State librarian to furnish certain volumes, without cost, to clerk of the superior court of Johnson county; and for other purposes.
Referred to Committee on Public Library.

HB 30L By Messrs. Thompson and Hill of Meriwether:
A bill to be entitled an act to authorize the governing authorities of the counties of the State to levy an excise tax upon retail dealers in malt beverages where such dealers are located in the county outside of incorporated towns and cities as a part of the annual license fee which counties are now authorized to fix and collect, and for other purposes.
Referred to Committee on Temperance.

HB 305, By Mr. Battle of Schley:
A bill to be entitled an act to amend an act approved March 2, 1943 (Ga. Laws 1943, pp. 1110, 1112) entitled an act to consolidate the office of tax receiver and tax collector in the County of Schley; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 306. By Messrs. Kidd and Jennings of Baldwin:
A bill to be entitled an act to repeal an act approved March 9, 1945, creating the Georgia Citizens Council, Georgia Laws 1945, pages 445-447.
Referred to Committee on State of Republic.

HB 307. By Messrs. Johnston and Mathis of Lowndes, Swindle of Berrien, and others:
A bill to be entitled an act to prevent and prohibit the adulteration of spirits of turpentine and naval stores, and to provide for the appointment and duties of the supervising inspector of naval stores; and for other purposes.
Referred to Committee on General Agriculture No. 2.

WEDNESDAY, FEBRUARY 19, 1947

381

HB 308. By Messrs. Ray of Warren and Gowen of Glynn:
A bill to be entitled an act to amend the corporation act of 1938, and to add an additional code section after section 22-1814 of the Code of Georgia, and to provide for a method of changing the principal office of a corporation by amendment; and for other purposes.
Referred to Committee on Corporations.

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 has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 265. Do Pass.

HB 280. Do Pass.

HB 287. Dll' 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:

~lr. Speaker:

Your Committee on General Judiciary No. 2 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 4. Do Pass.

Respectfully submitted,

Hicks of F1oyd, Chairman

Mr. Phillips of Columbia County, chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

Your Committee on Insurance has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:
HB 243. Do Pass.
HB 244. Do Pass.

HB 255. Do Pass.

HB 242. Do Pass.

Respectfully submitted,
Phillips of Columbia, Chairman

382

JOURNAL OF THE HOUSE,

Mr. Wells of Clarke County, vice-chairman of the Committee on Municipal Govern ment, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as vice-chairman, to report the same back to the House with the following recoml!lendations:

SB 31. Do Pass.

SB 30. Do Pass.

SB 27. Do Pass.

SB 50. Do Pass.

SB 49. Do Pass.

HB 253. Do Pass.

HB 82. Do Pass.

HB 217. Do Pass.

Respectfully submitted,

Wells of Clarke, Vice-Chairman

Mr. McCracken of Jefferson County, chairman of the Committee on State of the Re public, submitted the following report:

Mr. Speaker:

'.'

Your Committee on State of the Republic has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 32. Do Pass.

HB 229. Do Pass.

HB 169. Do Not Pass.

Respectfully submitted,

McCracken of Jefferson Chairman

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
SB 27. By Senator Kennon of the 53rd:
A bill to be entitled an act to amend an act approved July 29, 1919, creating and establishing a new charter and municipal government for the City of Adel; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1947

383

SB 30. By Senator Pannell of the 43rd:

:\ bill to be entitled an act to amend an act approved August 18, 1923, Ga .Laws 1923, pp. 529-543, entitled "an act to provide and establish a new charter for the City of Chatsworth, in the County of Murray, etc.," by striking from said act section 4 in its entirety and by writing a new section in lieu of said stricken section so as to provide that the term of the mayor of Chatsworth shall be two years and to stagger the terms of the aldermen and to fix their terms of office for two years and to provide for the election of the mayor to provide for the election of the mayor and aldermen, etc.; and for other purposes.

SB 31. By Senator Pannell of the 43rd:
:\ bill to be entitled an act to amend an act approved August 18, 1923, Georgia Laws 1923, pp. 529-543, entitled "an act to provide and establish a new charter for the City of Chatsworth in the County of Murray, etc.," so as to create a water works commission for said city; to provide for the appointment of a commission, and to fix the terms of the members; to define the rights, powers and duties of said commission; to provide for a referen~um; and for other purposes.
SB 32. By Senators Daniell of the 49th, Huckeba of the 37th and Wideman of the 46th:
A hill to he entitled an act to amend the act, approved February 10, 1937, Ga. Laws 1937, pp. 864-869, entitled an act to establish a State hoard of education, prescribe the qualifications of the members of the hoard, fix their terms of office and define their duties; and for other purposes.
SB 49. By Senator Darby of the 15th:
:\ bill to be entitled an act to amend an act entitled "an act creating a new charter for the City of Vidalia", approved August 8, 1922, amended by acts of March 28, 1935, and March 2, 1943, by inserting the following in section 1 of the amendatory act of March 28, 1935: "That all persons desiring to become candidates in the primary election in and for the City of Vidalia shall he qualified, registered voters of said city, shall he required to pay the entrance fee and file notice with the clerk of said city at least 30 days before said election"; and for other purposes.

SB 50. By Senator Darby of the 15th:
A hill to he entitled an act to amend an act entitled "an act creating a new charter for the City of Vidalia", approved August 8, 1922, and the acts amendatory thereof, by adding to section 10 thereof, the following provision: "That no person holding an official office in the City of Vidalia shall he qualified to offer as a candidate for an elective office in the City of Vidalia, in any election held in and for said city, unless such person resigns the office he then holds or is offering for re-election to the office he then holds"; and for other purposes.

384

JOURNAL OF THE HOUSE,

HB 82. By Mr. Ray of Warren:
A bill to be entitled an act to amend an act incorporating the City of Warrenton, Georgia.

HB 217. By Mr. Seagraves of Madison:
A bill to be entitled an act to amend, consolidate and supersede the several acts incorporating the City of Danielsville; and for other purposes.

HB 229. By Messrs. Elliott, Shields and Holleman of Muscogee; Kemper of Bibb, and Hubert of DeKalb:
A bill to be entitled an act to amend the "Motor Fuel Tax Law" and section 92-1407, of the Code of Georgia, 1933, which provides for tax reports and com putation and payment of tax on motor fuel and/ or kerosene, by adding a new paragraph to said section to be known as section 92-1407(E) providing that licensed retail dealers in motor fuel and/ or kerosene shall receive an allowance of two per cent (2%) of all taxes imposed by the State of Georgia on all such motor fuel and/or kerosene sold by them to cover losses of evaporation and expenses in collecting the tax for the State; to provide a method of computation and payment of such allowances and for other purposes.

HB 242. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Ray of Warren and Smith of Fulton:
A bill to be entitled an act to amend section 56-905, chapter 56-9 of the Code of Georgia of 1933, relating to the rights of creditors and beneficiaries in proceeds of policies of life, and endowment insurance; and annuity contracts, by striking from the eighth line of said section the comma (,) which follows the word "insurance" and by striking from the eighth line of said section the wora "his" and by inserting in the eighth line of said section immediately following the word "administrators" and preceding the comma (,) following said word the following: "of such insured or the person so effecting such insurance" and to provide how said section shall read when so amended; and for other purposes.

HB 243. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Smith of Fulton, Ray of Warren, Avera of Crawford and Covington of F1oyd:
A bill to be entitled an act relating to the regulation of rates for casualty insurance including fidelity, surety and guaranty bonds, and for all other forms of motor vehicle insurance; to provide for the making of rates, rate filings, disapproval of rates, licensing of rating organizations, deviations, appeals by members or subscribers of rating organizations and information to be furnished insureds; to provide for hearings and appeals by insureds; to provide for regulation and examination of rating organizations, advisory organizations and joint underwriting or joint reinsurance; to regulate agreements concerning assigned risks, to prohibit rebates and to provide for penalties; to provide for hearing procedure and judicial review; to make sections 56-218 and 56-221, inclusive, Georgia Code of 1933 inapplicable thereto and to repeal section 114-609, Georgia Code of 1933 and all acts in conflict with this act.

WEDNESDAY, FEBRUARY 19, 1947

385

HB 244. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Smith of Fulton, ~ay of Warren, Avera of Crawford and Covington of Floyd:

A bill to be entitled an act to regulate the making and applying of rates for fire, marine and inland marine insurance, which shall not be excessive, inadequate or unfairly discriminatory; to provide for the licensing of rating organizations and for the supervision of such rating organizations by the insurance commissioner; to prohibit discrimination in the rating service furnished to members and subscribers; to prohibit any broker or agent from rebating any premium or knowingly receiving a premium except in accordance with the provisions of this act; to provide for the filing of rates with the insurance commissioner, the approval or the disapproval by the insurance commissioner of all such rates and schedules; to provide for a hearing thereon at the instance of any interested person, with the right of appeal to the superior court; to make the violation of the provisions of this act punishable by fine or revocation of license as provided herein; and for other purposes.

HB 253. By Mr. Beddingfield of Dooly:
A bill to be entitled an act to amend an act approved August 16, 1915, contained in Georgia Laws 1913, at pages 699 to 941, inclusively creating a new charter for the City of Vienna.

HB 255. By Mr. McCracken of Jefferson:
A bill to be entitled an act to amend section 59-403 of the Code of Georgia of 1933 by striking therefrom the provisions requiring insurance companies to make semi-annual statements to the Governor and to publish a duplicate of the short form report made to the Governor; to require all such insurance companies to file with the comptroller general annual statements on the first day of January or within sixty days thereafter and to publish a report in sh~rt form of income, assets and expenditures and liabilities in gross as of the 31st day of December of the preceding December; to repeal all laws and parts of laws in conflict herewith; and for other purposes.

HB 265. By Mr. Walker of Ben Hill:
A bill to be entitled an act to amend section 69-414 of the Code of Georgia of 1933, relating to the manner in which assessments for municipal street improvements shall be payable in installments, and to amend section 69-417 of the Code of Georgia of 1933'; and for other purposes.

HB 280. By Messrs. Hinson and Williams of Ware, Hicks of Floyd and Smith of Emanuel:
A bill to be entitled an act to am.end section 24-1601 of the Georgia Code of 1933 relating to the fees of justices of the peace by striking the entire section and adding in lieu thereof a new section 24-1601 so as to provide and fix a new schedule of fees for justices of the peace; to repeal all conflicting laws; and for other purposes.

JOURNAL OF THE HOUSE,
HB 287. By Messrs. Kidd and Jennings of Baldwin and Lewis of Hancock: A bill entitled an act to strike in its entirety section 39ll03 of the Georgia Code of 1933 relating to selection of the official organ for publishing legal advertisements and to rewrite said section and substitute in lieu thereof a new section to provide for the selection of official organ for publishing legal advertisements to determine the qualification of papers entitled to be selected as the official organ; and for other purposes.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
HB 104. By Mr. Oden of Pierce: A bill to be entitled an act to amend an act to establish the city court of Black shear; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 161. By Mr. Bennett of Barrow: A bill to be entitled an act to provide that the salary of the clerk of the board of commissioners of Barrow county shall not be more than $150 per month; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 227. By Messrs: Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend an act establishing the criminal 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 19, 1947

387

HB 239. By Mr. Morrison of Montgomery:
A hill to he entitled an act to provide for the disposition of fines and forfeitures accumulating in the superior court of Montgomery county; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 106, nays 0.

The hill, having received the requisite constitutional majority, was passed.

HB 258. By Mr. Chalker of Pulaski: -~ hill to he entitled an act to amend an act by raising the salary of the clerk of the hoard of commissioners of Pulaski county; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The hill, having received the requisite constitutional majority, was passed.

SB 28. By Senator Kennon of the 23rd:
A hill to he entitled an act to amend an act creating a hoard of commissioners of roads and revenues of Cook 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 108, nays 0.
The hill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following hills of the House and Senate were read the third time and placed upon their passage:
SB 12. By Senator ~lillican of the 52nd:
A hill to he entitled an act to provide a county manager for counties of over 200,000 population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0. The hill, having received the requisite constitutional majority, was passed.

388

JOURNAL OF THE HOUSE,

HB 188. By Messrs. Davis and Jenkins of Bartow:

A bill to be entitled .an act to increase the fees of coroners, etc., in connection with the holding of an inquest in counties of a certain population; and for other purposes.

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

On the passage of the bill, the ayes were 110, nays 0.

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

HB 215. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bfll to be entitled an act to provide for the employment of stenographers to transcribe evidence at coroners inquests in counties of a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 231. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a juvenile court in cer tain counties 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, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 240. By Mr. Witherington of Wilcox:
A bill to be entitled an act to provide for the fees of coroners, etc., in counties of a certain population; and for other purposes.

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

On the passage of the bill, the ayes were 113, nays 0.

The blll, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 19, 1947

389

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

SB 10. By Senator Daniell of the 49th:
A bill to be entitled an act defining "employee", "employer", "employment" and "labor organization"; and prohibiting as a coadition of employment that any employee be required to become affiliated with any labor organization; and for other purposes.
Referred to Committee on Industrial Relations.

SB 11. By Senator Daniell of the 49th:
A bill to be entitled an act to prohibit the use of force, intimidation, violenCe, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working, or to peaceably conduct his business; and for other purposes.
Referred to Committee on Industrial Relations.

SB 34. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act approved March 16, 1939, 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 de partments but no\ to supernumeraries, now in active service; and to futUJ'e mem hers and their dependents in specified cases; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 35. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act entitleJ p 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 to establish a pension fund; and for other
p~rposes.
Referred to Committee on Counties and County Matters.

SB47. By Senator Millican of the 52nd:
A bill to be entitled an act to amend title 36, Code 1933, by adding a prOVJ&lOn for condemnation of property which shall be applicable to all municipalities and counties of more than 250,000 according to last or future federal census; and for other purposes.
Referred to Committee on Counties and County Matters.

390

JOURNAL OF THE HOUSE,

SB 64. By Senator Grayson of the 1st:

A hill to he entitled an act to amend the charter of the mayor and aldermen of the City of Savannah, and the several acts amendatory thereof and supplementary thereto, incorporating the mayor and aldermen of the City of Savannah to provide by ordinance for the creation of a Savannah river bridge commission; and for other purposes.

Referred to Committee on Municipal Government.

Under the regular order of business, the following hill of the House was again taken up for consideration:
HB 96. By Messrs. Hand of Mitchell, Smith of Emanuel, Ray of Warren, Garrard of Wilkes, and others:
A hill to he entitled an act to effect a complete revision of all the laws of this State in any way dealing with the registration and qualification of voters; and for other purposes.
By unanimous consent, the House agreed to consider HB 96 section by section.
Sections 1 to 3 were adopted.
Section 4 was read.

The following amendment to section 4 was read and adopted:
Mr. Neel of Thomas moves to amend HB 96 as follows:
By striking therefrom section 4 in its entirety and substituting therefor the fol lowing: "The registration provided herein shall he permanent provided that any registered voter who fails to vote in a special or a general election for a period of two years shall he disqualified to vote thereafter and shall he stricken from said registered voters and voters list until he has again qualified in the manner prescribed herein in the first instance.
An amendment to section 4, offered by Messrs. Nightingale and Gowen of Glynn, was withdrawn by unanimous consent.
Section 4, as amended, was adopted.
Section 5 was read.
Under the proVlsiOns of HR 45, the speaker announced the House recessed until 1:30 o'clock P. M., this afternoon.

WEDNESDAY, FEBRUARY 19, 1947

391

The speaker called the House to order.

1:30 o'clock P. M.

Under the provisions of HR 52, the speaker appointed the following as a committee on the part of the House to investigate the effect of pending veterans affairs legislation, the following members of the House:

Messrs. Flynt of Spalding, Wells of Clarke, Fowler of Douglas.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has agreed to the House position in disagreeing with the Senate amendment to section 49A on the following bill of the House, to wit:
HB 13. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett of Laurens, Harrison of Jeff Davis, and many others:
A bill to be entitled an act to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding primary elections by a political party, organization or association for the purpose of choosing or selecting candidates for office or delegates to conventions, the time of holding same, and to repeal all laws or parts of laws regulating in any manner or having reference in any manner to the holding of primaries by any political party, organization or association; and for other purposes.

The Senate has passed by the requisite constitutional majority the following resolutions of the Senate, to wit:
SR 14. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing the appointment of a committee by the legislature to negotiate with authorities from the State of Tennessee and to agree, if possible, on a definite fixed boundary between the State of Tennessee and the State of Georgia; and for other purposes.

SR 15. By Senators Kiker of the 41st and Coker of the 39th:
A resolution to authorize and direct the attorney general of Georgia to bring into the federal court the proper proceedings to establish a definite fixed boundary line between the States of Georgia and Tennessee in the event the State of Tennessee fails to agree upon the said boundary line the commission heretofore authorized; and for other purposes.
Further consideration of HB 96 was resumed.

392

JOURNAL OF THE HOUSE,

The following amendment to section 5 of HB 96 was read and adopted:

Messrs. Pennington of Wilkinson and Chance of Twiggs move to amend HB 96, section 5, by adding the following:
"The provisions of this section relative to payment of a registration fee, shall not apply to any person 65 years of age or older."

The following amendment to section 5 was read:
Messrs. Garland of Butts, Bagby of Paulding, Vandiver of Bibb, Beddingfield of Dooly, Nightingale of Glynn, Hinson of Ware, Fowler of Douglas, Kemper of Bibb, Wilson of Bibb, Jordan of Gwinnett, Ingle of Gordon, Covington of F1oyd, Huddleston of Fayette, Ramsay of Stephens, Overby of Hall, Bennett of Barrow, Addleton of Spalding, Johnston of Lowndes, Byrd of Taylor, Anglin .of Stewart, Campbell of Newton, Higgs of Atkinson, Battle of Schley, Meeks of Union, Willingham of Cobb, Smith of Chatham, Evans of Chatham, Lewis of Greene and Eve of Richmond move to amend HB 96, section 5, by adding at the end thereof the following, to wit:
Provided, however, that all service men and women of the SpanishAmerican War, World War I and World War II, holding discharges other than dishonorable, shall be exempted from the provisions of this section and shall not be required to pay any fee, charge or tax whatsoever as a prerequisite for registering and voting.
On the adoption of the amendment, Mr. Brooke of Whitfield moved the ayes and nays, and the call was not sustained.
On the adoption of the amendment, the ayes were 59, nays 78.
The amendment was lost.

The following amendment to section 5 was read:
Messrs. Addleton of Spalding and Nightingale of Glynn move to amend HB 96: By striking the entire section 5 of said bill and substituting in lieu thereof a new section 5 to read as follows: "All costs of registration and qualification of voters under the terms of this act shall be paid from coUJity funds."

On the adoption of the amendment, Mr. Bagby of Paulding moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Polk Addleton Avera Bagby Barrett

Beddingfield Bloodworth Bostwick Britton Brooke

Bruton Campbell Caswell Causey Chalker

WEDNESDAY, FEBRUARY 19, 1947

393

Cheek Dobbs Durden Etheridge of Fulton Evans Eve Evitt Fowler Freeman Garland Garrison Gibbons Gibson Gowen Greer Groover Hagan Hampton Hardin of Turner Hardy Harrison of Jenkins Hefner Henderson Higgs Hinson

Holbrook Huddleston Hurt Ingle Jenkins Joel Johnston of Lowndes Jones Jordan Kemper Kendrick Kenimer Kenyon Key King Leverette Lewis of Greene McWhorter Mallard Mann of Henry Mason Massey Mathis Meeks Mitchell

Moore of Lumpkin Moore of Taliaferro Morgan Morris Moye of Washington Nightingale Padgett Pulliam Ramsay Reid Rucker Sabados Skinner Smith of Chatham Smith of Clayton Smith of Oglethorpe Towill Trulock Tuten Vandiver Wells of Clarke Williams of Jones Willingham Willoughby Wilson

Those voting in the negative were Messrs.:

Adams of Towns Anglin Bargeron Bradley Briscoe Byrd Caldwell Callier Cates Chance Clark Cochran Conger Coogle Covington Cowart Cox Crowe of Worth Davis

Edenfield Elliott Ellis Flynt Garrard Garrett Gary Glisson Goldberg Green of Rabun Greene of Crisp Hall Harrison of Jeff Davis Hill Hobby Holleman Howard of DeKalb Hubert Johnson of Bulloch

Knight Lewis of Hancock Lockett Lokey Long Lovett McCracken Mann of Rockdale Manous Mathews Miller Morrison Moye of Lamar Neel Nicholson Oden Overby Pennington Phillips

394

JOURNAL OF THE HOUSE,

Rainey Ramey Ray Rich Risner Rowland Salter Seagraves

Shields Sills Smith of Carroll Smith of Emanuel Thompson Twitty Vickers Walker

Welsch Whaley Williams of Mcintosh Williams of Toombs Witherington Yawn

Not voting were :Messrs. Adams of Wheeler, Ansley, Arnall. Battle, Bennett, Black,

Cheshire, Claxton, Crow of Walker, Dorsey, Dykes, Etheridge of Baker, Hardin of Glascock,

Harrison of Wayne, Hicks, Howard of Dawson, Jennings of Baldwin, Jennings of Sumter,

Kidd, Knabb, Littlejohn, McMillan, Malone, Mavity, Murphy, Pearlman, Riddlespurger,

Smith of Bryan, Smith of Fulton, Stevens, Swindle, Tuttle, Watford, Wells of Lincoln and

Williams of Ware.

'

The roll call was verified.

On the adoption of the amendment, the ayes were 90, nays 79.

The amendment was adopted.

Section 6 was read.

The following amendment to section 6 was read and adopted:
~Ir. Nightingale of Glynn moves to amend HB 96:
By striking from section 6 of said bill the sentence beginning on the fifth line of said section which reads: "In the same manner the last general election list of qualified voters in one biennial period shall be used for any special election in a succeeding biennial period which takes place prior to the preparation and filing of a new general election list."
Section 6, as amended, was adopted.
Section 7 was read.

The following amendment to section 7 was read and adopted:
Mr. Smith of Carroll moves to amend HB 96 as follows:
By striking section 7 of said act and substituting in lieu thereof a section to be number 7 and to read as follows:
Section VII. The judge of the superior court of each county shall appoint biennially three upright and intelligent citizens of said county upon the recommendation of the grand jury of said county as county registrars and have the appointment entered on the minutes of the court. Said appointment shall be for

WEDNESDAY, FEBRUARY 19, 1947

395

the term of two years and until their successors are appointed and qualified. The said judge shall have the right, however, to remove said registrars at any time upon the recommendation of the grand jury or upon proof tpat said registrars have failed to discharge their duty or unfit for said appointment and the judge of said court shall have power to appoint successors in case of death or resignation, the judge shall appoint who shall hold office until the regular term of the grand jury, when new registrars will be recommended by the grand jury, provided, never theless, that the first appointment hereunder will have three years ending 1949.

Section 7, as amended, was adopted.

Sections 8 through 10 were read and adopted.

Section 11 was read.

Amendments were offered by Messrs. Neel of Thomas, Smith of Emanuel and Mitchell of Monroe.

Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.

The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, and HB % went over until that time under the order of unfinished business.

396

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, February 20, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the chaplain, Rev. Edwin J. Grimes of tl)e Hawkinsville Methodist Church.

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

Adams of Polk
Adams of Towns Adams of Wheeler Addleton Anglin Ansley Arnall Avera Bagby Bargeron Barrett Battle Beddingfield Bennett Black Bloodworth Bostwick Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chalker Chance Cheek Cheshire Clark Claxton Cochran Conger Coogle

Covington Cowart Cox Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Eve Evitt Flynt Fowler Freeman Garland Garrard Garrett Garrison Gary Gibbons Gibson Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Groover Hagan Hall Hampton

Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Hefner Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of Dawson Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Jennings of Baldwin Jennings of Sumter Joel Johnson of Bullock Johnston of Lowndes Jones Jordan Kemper Kendrick Kenimer Kenyon Key Kidd King Knabb Knight

Leverette Lewis of Greene Lewis of Hancock Littlejohn Lockett Lokey Long Lovett McCracken McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Mavity Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro :\forgan Morris Morrison Moye of Lamar

THURSDAY, FEBRUARY 20, 1947

397

~Ioye of Washington Murphy Nee! Nicholson Nightingale Oden Overby Padgett Pearlman Pennington Phillips Pulliam Rainey Ramey Ramsay Ray Reid Riddles purger Rich Risner Rowland Rucker Sabados
.. Salter
Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll

Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Stevens Swindle Thompson Towill Trulock Twitty Tuten Tuttle Vandiver Vickers Walker Watford Wells of Clarke Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Willoughby Wilson Witherington Yawn

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:

HB47. By Mr. Hall of Treutlen:
A bill to be entitled an act to amend an act of the General Assembly of the State of Georgia, approved August 17, 1920, entitled an act to incorporate the City of Soperton in the County of Treutlen, formerly Montgomery county, Georgia, to define the corporate limits of the City of Soperton; and for other purposes.

HB 102. By Mr. Lockett of Randolph:
A bill to be entitled an act to amend the several acts creating a board of com missioners of roads and revenues for Randolph county; and for other purposes.

398

JOURNAL OF THE HOUSE,

HB 134. By Mr. Conger of Tift:
A bill to be entitled an act to create and establish in Tift county, Georgia, a Tift county hospital board; and for other purposes.

HB 79. By Mr. Davis of Bartow:
A bill to be entitled an act to amend code section 68-307 of the Code of Georgia of 1933, to make it unlawful for any person to operate any motor vehicle or motorcycle upon any private way, private street, or on any private property; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit:.
SB 15. By Senator Millican of the 52nd:
A bill to be entitled an act to alliend an act of March 20, 1943, known as authorizing and maintaining common trust funds by increasing maximum amount from $25,000.00 to $50,000.00; and for other purposes.

SB 36. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 13-2023 of the Code of Georgia of 1933, relating to the regulation of the purchast by banks of stocks and investment securities, by inserting therein a new provision as to the purchase of obligations of the federal government and its instrumentalities; and for other purposes.

SB 37. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 109-103 of the Code of Georgia of 1933, relating to the election and powers of boards of trustees of trust companies, by providing for the designation of an executive committee to exercise such powers; and for other purposes.

SB 38.

- ... By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd: ........
A bill to be entitled an act to amend section 13-2001 of the Code of Georgia of 1933, relating to the boards of directors of banks, by providing that vacancies occurring in the intervals b~tween elections may be filled by the board of directors;
and for other purposes.

SB 39. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 109-406 of the Code of Georgia of 1933, relating to boards of directors of banks which have acquired trust powers, by providing that the directors may appoint an executive committee of three; and for other purposes.

THURSDAY, FEBRUARY 20, 1947

399

SB 41. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 67-103 of the Code of Georgia of 1933, relating to what a mortgage may embrace, by striking said section in its entirety and inserting in lieu thereof a new section to be known as section 67-103; and for other purposes.

SB 43. By Senators Carswell of the 17th, :\Iason of the 30th and Grayson of the lst:
A bill to be entitled an act to amend section 94-506 of chapter 94-5 of the Code of Georgia of 1933, relating to railroad crossings, by striking from said section 94-506 the following language, to wit: "to blow through said whistle two long and two short biases at intervals of five seconds between each blast," and to insert, "to blow through said whistle two long blasts, one short blast and one long blast"; to repeal all conflicting laws; and for other purposes.

Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. 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 309. By Messrs. Clarke of Liberty; Watford of Long, Glisson of Evans, Williams of :\fclntosh and Bradley of Tattnall:
A bill to be entitled an act for the protection of deer; to make it unlawful to hunt, take, kill or attempt to take or kill any deer at night between sundown and sunrise; and for other purposes.
Referred to the Committee on Game and Fish.

400

JOURNAL OF THE HOUSE,

HB310. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to be entitled an act to amend an act creating the municipal court of Atlanta; and for other purposes.

Referred to Committee on Municipal Government.

HB 311. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act so as to provide the department of welfare in certain counties may invest funds in real estate for the building of charitable and welfare purposes; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 312. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend an act entitled "Monroe Commissioner's Com pensation"; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 313. By Messrs. Johnston and Mathis of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta; and for other purposes.
Referred to Committee on Municipal Government.

HB314. By Mr. Swindle of Berrien:
A bill to be entitled an act to amend an act entitled "General Tax Act of 1935" concerning concert shows, street carnivals, timber dealers, pawnbrokers, dog and pony shows; and for other purposes.
Referred to Committee on Ways and Means.

HB 315. By Messrs. Swindle of Berrien and Bruton of Cook:
A bill to be entitled an act to authorize and empower the State revenue commis sioner, and his deputies by direction of the commissioner, to levy all fi. fas. for delinquent special taxes issued by said commissioner, after the expiration of twelve months from the date of issuance of such fi. fas.; and for other purposes.
Referred to Committee on Ways and Means.

THURSDAY, FEBRUARY 20, 1947

401

HB 316. By Mr. Ramey of Chattooga: A bill to be entitled an act to amend an act which defines certain words relating to street improvements in municipalities; and for other purposes.
Referred to Committee on Municipal Government.

HB 317. By Messrs. Hicks, Littlejohn and Covington of F1oyd:
A bill to be entitled an act to amend an act creating a new charter for the City of Rome; and for other purposes.
Referred to Committee on Municipal Government.

HB 318. By Messrs. Hicks, Littlejohn and Covington of F1oyd:
A bill to be entitled an act to amend an act to amend an act incorporating the City of Rome; providing for the creation of a retirement fund for the payment of benefits to certain employees; and for other purposes.
Referred to Committee of Municipal Government.

HB 319. By Mr. Tuten of Appling:
A bill to be entitled an act to amend an act creating a new charter for the City of Baxley; and for other purposes.
Referred to Committee on Municipal Government.

HR 63-319A. By Messrs. Holbrook of Forsyth, Hefner of Pickens and Dorsey of White:
A resolution to appropriate funds to the widow of Clinton Clark Hulsey; and for other purposes.
Referred to Committee on Drainage.

HB320. By Messrs. Kidd and Jennings of Baldwin:
A bill to be entitled an act to repeal an act creating the Georgia State guard; and for other purposes.
Referred to Committee on Military Affairs.

HB 321. By Messrs. Kidd and Jennings of Baldwin:
A bill to be entitled an act to repeal an act creating the agricultural and indus trial development board; and for other purposes.
Referred to Committee on State of Republic.

402

JOURNAL OF THE HOUSE,

HB 322. By Mr. Coogle of .\lacon: A bill to be entitled an act to repeal an act to establish a city court of Oglethorpe; and for other purposes.
Referred to Committee on Special Judiciary.

HB 323. By Mr. Coogle of Macon: A bill to be entitled an act to abolish the office of tax collector and tax receiver in the County of Macon; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Hall of Treutlen County, chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking has had under consideration the followiBg bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 277. Do Pass.

Respectfully submitted,

Hall of Treutlen, Chairman

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

Mr. Speaker:

Your Committee on Education No. 1 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 197. Do Pass.

Respectfully submitted,

Kenimer of Harris, Chairman

Mr. Causey of Bacon County, vice-chairman of the Committee on Conservation, sub mitted the following report:

Mr. Speaker:

Your Committee on Conservation has had under consideration the following bill of the House, and has instructed me, as vice-chairman, to report the same hack to the House with the following recommendations:

HB 282. Do Pass.

Respectfully submitted,

Causey of Bacon, Vice-Chairman

THURSDAY, FEBRUARY 20, 1947

403

:\Ir. Ramey of Chattooga County, chairman of the Committee on Counties and County :Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following hills of the House and has instructed me, as chairman, to report the same hack to the House with the following recommendations

HB 190. Do Pass. HB 261. Do Pass. HB 251. Do Pass. HB 252. Do Pass. HB 271. Do Pass. HB 283. Do Pass. HB 293. Do Pass. HB 292. Do Pass. HB 290. Do Pass. HB 219. Do Pass.

Respectfully submitted,

Ramey of Chattooga, Chairman

:\lr. 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 has had under consideration the following hill of the House and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HB 137. Do Pass, as amended.

Respectfully submitted,
Hicks of Floyd, Chairman

Mr. Ray of Warren 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 hills of the House and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HB 184. Do Pass, as amended. HB 185. Do Pass, as amended.

Respectfully submitted,
Ray of Warren, Chairman

404

JOURNAL OF THE HOUSE,

Mr. Thompson of Meriwether County, chairman of the Committee on Municipal Government, submitted the following repon:

Mr. Speaker:
Your Committee on Municipal Govllrnment has had under consideration the following bills of the House and has instructed me, as chairman, to repon the sanie back to the House with the following recommendations:

HB 266. Do Pass. HB 263. Do Pass. HB 225. Do Pass. HB 302. Do Pass. HB 208. Do Pass. HB 301. Do Pass. HB 97. Do Pass. HB 267. Do Pass. HB 228. Do Pass. HB 303. Do Pass. HB 218. Do Pass. HB 127. Do Pass. HB 143. Do Pass. HB 129. Do Pass. HB 241. Do Pass. HB 291. Do Pass. HB 297. Do Pass. HB 294. Do Pass. HB 296. Do Pass. HB 295. Do Pass. HB 130. Do Pass.

Respectfully submitted,
Thompson of Meriwether, Chairman

THURSDAY, FEBRUARY 20, 1947

405

Mr. Rowland of Johnson County, chairman of the Committee on Public Library, submitted the following report:

Mr. Speaker:
Your Committee on Public Library has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 62-303b. Do Pass.

Respectfully submitted,
Rowland of Johnson, Chairman

Mr. Vickers of Coffee County, chairman of the Committee on Public Property, sub mitted the following report:

Mr. Speaker:
Your Committee on Public Property has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 4l-183a Do Pass, by substitute.

Respectfully submitted,
Vickers of Coffee, Chairman

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 116. Do Pass. HB 171. Do Pass. HB 284. Do Pass.

Respectfully submitted,
Cheek of Franklin, Chairman

Mr. Etheridge of Baker County, chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:
Your Committee on Temperance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the f&llowing recommendations:

HB 289. Do Pass.

Respectfully submitted,
Etheridge of Baker, Chairman

406

JOURNAL OF THE HOUSE,

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

HB 97. By )lessrs. Sabados and Durden of Dougherty:
A bill to be entitled an act to amend an act creating and establishing a new charter for the City of Albany; and for other purposes.

HB 116. By Messrs. Mathis and Johnston of Lowndes, Willoughby of Oinch, Swindle of Berrien, Smith of Clayton and Mann of Henry:
A bill to be entitled an act providing for the rank or priority of liens of judg. ments for damages arising out of a common disaster or occurrence; and for other purposes.

HB 127. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend the charter of the City of Lithonia; and for other purposes.

HB 129. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend the charter of the City of Lithonia; and for other purposes.

HB 130. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend the charter of the City of Lithonia; and for other purposes.

HB 137. By Messrs. Hicks and Littlejohn of Floyd:
A bill to be entitled an act to provide for the granting of a supersedeas in all cases brought to abate any public nuisance of whatsoever kind or character and the abatement thereof by the padlocking or closing of the business or buildings of the defendant pending an appeal; and for other purposes.

HB 143. By Messrs. Mathis and Johnston of Lowndes: A bill to be entitled an act to amend the charter of the Town of Hahira; and for other purposes.
HB 171. By Mr. Whaley of Telfair: A bill to be entitled an act for the disposition of fines and forfeitures accumu lating in the superior court of the County of Telfair; and for other purposes.

THURSDAY, FEBRUARY 20, 1947

407

HR 41-183A. By :Messrs. Kidd and Jennings of Baldwin:

A resolution authorizing the State properties commission to sell all the right, title and interest which the State of Georgia has or may have in and to a tract of land containing 15.58' acres more or less in Baldwin county; and for other purposes.

HB 184. By Messrs. Ray of Warren, Wilson of Bibb, Oden of Pierce and Evitt of Catoosa:
A bill to be entitled an act to amend an act by granting additional powers to the chief drug inspector and by changing the provisions of the sale and listings of certain poisons; and for other purpokes.

HB 185. By Messrs. Ray of Warren, Wilson of Bibb, Evitt of Catoosa and Oden of Pierce:
A bill to be entitled an act to amend an act by granting to the Georgia Board of Pharmacy authority to adopt and maintain rules and regulations in regard to the licensing and regulation of the compounding or sales of medicines, drugs, or poisons; and for other purposes.

HB 190. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an act to authorize and provide for the pensioning of the employees of the County of Glynn; and for other purposes.

HB 197. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to amend an act to establish a retirement system for aged and incapacitated teachers in the State public schools; and for other purposes.

HB 208. By Mr. Bloodworth of Houston:
A bill to be entitled an act to amend the charter of the municipality of Warner Robins; and for otht>r purposes.

HB 218. By Messrs. Johnston and Mathis of Lowndes:
A bill to be entitled an act to amend an act entitled an act to amend the charter of the City of Valdosta; and for other purposes.

HB 219. By Mr. Johnston of Lowndes:
A bill to be entitled an act to amend an act to create a hoard of commissioners of roads and revenues in and for the County of Lowndes; and for other purposes.

JOURNAL OF THE HOUSE, HB 225. By Me88I'S. Elliott. Holleman and Shields of Muscogee:
A bill to be entitled an act empowering the City of Columbus to sell, and convey fee simple title to all or any part of that certain tract of land, now a part of Seventh avenue in the City of Columbus; and for other purposes.
HB 228. By Messrs. Johnston and Mathis of Lowndes: A bill to be entitled an act to amend the charter of the City of Valdosta; and for other purposes.
HB 241. By Messrs. Crowe and Hobby of Worth: A bill to be entitled an act to create a new charter for the City of Sylvester; and for other purposes.
HB 251. By Mr. Gary of Quitman: A bill to be entitled an act to repeal an act to create a board of commissioners of roads and revenues for the County of Quitman; and for other purposes.
HB 252. By Mr. Gary of Quitman: A bill to be entitled an act to create the office of commissioner of roads and revenues for the County of Quitman; and for other purposes.
HB 261. By Mr. Pulliam of Elbert:
A bill to be entitled an act to abolish the office of tax receiver and tax collector of Elbert county; and for other purposes.
HB 263. By Mr. Walker of Ben Hill: A bill to be entitled an act to amend an act amending and revising the charter for the City of Fitzgerald; and for other purposes.
HB 266. By Mr. Kenimer of Harris: A bill to be entitled an act to amend an act incorporating the Town of Waverly Hall; and for other purposes.
HB 267. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend an act to incorporate the Town of Alpharetta; and for other purposes.

THURSDAY, FEBRUARY 20, 1947

409

HB 271. By Mr. Witherington of Wilcox:

A bill to be entitled an act to amend an act to create a board of commissioners of roads and revenues in and for the County of Wilcox; and for other purposes.

HB277. By Messrs. McMillan and Moye of Washington:
A bill to be entitled an act to provide for the creation of a refunding bond com mission; and for other purposes.

HB282. By Messrs. Hagan of Screven, Covington of Floyd, Crowe and Hobby of Worth, Arnall of Coweta, Johnson of Bulloch, and others.
A bill to be entitled an act to provide Statewide forest fire protection; and for other purposes.

HB283. By Mr. Trulock of Grady:
A bill to be entitled an act to amend an act to abolish the office of tax receiver and tax collector of Grady county; and for other purposes.

HB 284. By Mr. Smith of Chatham:
A bill to be entitled an act to name and fix the terms of the superior court of Chatham county; and for other purposes.

HB 289. By Mr. Harrison of Jenkins:
A bill to be entitled an act to authorize any county in this State in which malt beverages, beer, wines, spirituous liquors, distilled spirits or whiskey may be sold, possessed or manufactured by virtue of a license or any previous election to call and hold an election or elections upon petition of 35% of the registered voters; and for other purposes.

HB 290. By Mr. Bruton of Cook:
A bill to be entitled an act to amend an act to create a board of commissioners of roads and revenues in and for the County of Cook; and for other purposes.

HB 291. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend an act to create and establish the city court of Decatur; and for other purposes.

410

JOURNAL OF THE HOUSE,

HB292. By ~lessrs. Howard, Hubert and McWhorter of DeKalb:

A bill to be entitled an act to authorize the election of a commiSSioner of roads and revenues for the County of DeKalb; and for other purposes.

HB 293. By Messrs. Howard, Hubert and McWhorter of DeKalb:
:\ bill to be entitled an act to amend an act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court; and for other purposes.

HB 294. By :Messrs. McWhorter, Howard and Hubert of DcKalb:
A bill to be entitled an act to amend an act creating and establishing a new charter and municipal government for the Town of Decatur; and for other purposes.

HB 295. By Messrs. Howard, McWhorter and Hubert of DeKalb:
A bill to be entitled an act to amend an act creating the charter of the City of Stone Mountain; and for other purposes.

HB 2%. By Messrs. Howard, MeWhorter and H uhert of DeKalb:
A bill to be entitled an act to amend an act to provide and establish a new charter for the Town of Clarkston; and for other purposes.

HB 297. By :Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend an act creating and establishing a new charter and municipal government for the Town of Decatur; and for other purposes.

HB 301. By :\lessrs. Kendrick, Ethe1idge and Smith of Fulton:
A bill to be entitled an act to amend an act incorporating the City of Hapeville; and for other purposes.

HB 302. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act incorporating the City of Hapeville; and for other purposes.

THURSDAY, FEBRUARY 20, 1947

411

HB 303. By Messrs. Smith, Etheridge and Kendrick of Fulton:

A bill to be entitled an act to amend an act to incorporate the City of Hapeville; and for other purposes.

HR 623038. By Mr. Rowland of Johnson:
A resolution authorizing and directing the State librarian to furnish to the clerk of the superior court of Johnson county certain law books; and for other purposes.
By unanimous consent, the following bills of the House and Senate were read the third time, and referred to the committees:
SB 27. By Senator Kennon of the 53rd:
A bill to be entitled an act to amend an act creating a charter for the City of Adel; and for other purposes:
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 30. By Senator Pannell of the 43rd:
A bill to be entitled an act to amend an act to establish a charter for the City of Chatsworth; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 31. By Senator Pannell of the 43rd:
A bill to be entitled an act to amend an act to establish a new charter for the City of Chatsworth; 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 105, nays 0.
The hill, having received the requisite constitutional majority, was passed.

412

JOURNAL OF THE HOUSE,

SB 49. By Senator Darby of the 15th:
A bill to be entitled an act to amend an act creating a new charter for the City of Vidalia; and for other purposes.
The report 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.

SB 50. By Senator Darby of the 15th:
A bill to be entitled an act to amend an act creating a new charter for the City of Vidalia; and for other purposes.
The report 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 217. By Mr. Seagraves of Madison:
A bill to be entitled an act to amend, consolidate and supersede the several acts incorporating the City 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB82. By Mr. Ray of Warren:
A bill to be entitled an act to amend an act incorporating the City of Warrenton; and for other purposes.
The report 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.

THURSDAY, FEBRUARY 20, 1947

413

HB 253. By Mr. Beddingfield of Dooly:

A hill to he entitled an act to amend an act creating a new charter for the City of Vienna; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was &treed to.
On .the passage of the bill, the ayes were 110, nays 0.

The hill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following hills and r.esolutions of the Senate were read the first time and referred to the committees:
SR 14. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing the appointment of a committee by the legislature to negotiate with authorities from the State of Tennessee and to agree, if possible, on definite fixed boundary between the State of Tennessee and the State of Georgia; and for other purposes.
Referred to Committee on Special Judiciary.

SR 15. By Senators Kiker of the 41st and Coker of the 39th:
A resolution to authorize and. direct the attorney general of Georgia to bring into the federal court the proper proceedings to establish a definite fixed boundary line between the States of Georgia and Tennessee in the event the State of Tennessee fails to agree upon the said boundary line the commission heretofore authorized; and for other purposes.
Referred to Committee on Special Judiciary.

SB 15. By Senator Millican of the 52nd:
A bill to he entitled an act to amend an act authorizing and maintaining common trust funds; and for other purposes.
Referred to Committee on Banks and Banking.

SB 36. By Senators Trippe of the 38th, Gwyn of the 36th and A\fams of the 23rd:
A hill to he entitled an act to amend an act relating to the regulation of the purchase of banks of stocks and investment ~ecurities; and for other purposes.
Referred to Committee on Banks and Banking.

414

JOURNAL OF THE HOUSE,

SB 37. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend an act relating to the election and powers of boards of trustees of trust companies; and for other purposes.

Referred to Committee on Banks and Banking.
'

SB 38. By Senators Trippe of the 38'th, Gwyn of the 36th, and Adams of the 23rd:
A bill to be entitled an act to amend an act relating to the boards of directors of banks, by providing that vacancies occurring in the intervals between elections may be filled by the board of directors; and for other purposes.
Referred to Committee on Banks and Banking.

SB 39. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of lhe 23rd: A bill to be entitled an act to amend an act relating to boards of directors of banks which have acquired trust powers; and for other purposes.
Refened to Committee on Banks and Banking.

SB 41. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd: A bill to be entitled an act to amend an act relating to what a mortgage may embrace; and for other purposes.
Referred to Committee on Banks and Banking.

SB 43. By Senators Carswell of the 17th, Mason of the 30th and Grayson of the lst:
A bill to be entitled an act to amend an act relating to railroad crossings so that same shall read "to blow through said whistle two long blasts, one short blast and one long blast"; and for other purposes.
Referred to Committee on Railroads.

Under the regular order of business, the following bill of the House was again taken up for consideration:
HB 96. By Messrs. Hand of Mitchell, Smith of Emanuel, Ray of Warren, and others:
A bill to be entitled an act to effect a complete revision of all the laws of this State in any way dealing with the registration and qualification of voters; and for other purposes.
Consideration of section 11 was resumed.

THURSDAY, FEBRUARY 20, 1947

415

The following amendments to section 11 were adopted:

(6) Mr. .Mitchell of Monroe moves to amend HB 96 by striking part 2 of reverse in section 11 in its entirety.

(7) Mr. Smith of Emanuel and Mr. Twitty of Mitchell move to amend HB 96 by striking from section 11 thereof the form "to be filled in by deputy of registrar" including the five sections thereof and substituting in lieu thereof as follows:

1. The applicant read (could not read) article -, section - , paragraph of the Constitution of Georgia (United States) correctly.

2. The applicant wrote (could not write) article - , section - , paragraph of the Constitution of Georgia (United States) correctly.

3. The applicant states that due solely to physical infirmity he could not read. Article -, section - , paragraph - was read to him and he gave a reasonable interpretation (could not give a reasonable interpretation) .

4. Applicant was this day served with notice to appear before registrars

on - day of

, 19-.

_.\n amendment offered by Mr. Nee! of Thomas to section 11 was ruled out of order.

Section 11, as amended, was adopted.

Section 12 was adopted.

Section 13 was read.

The following amendment was read and adopted:
(8) Messrs. Twitty of :\>litchell and Smith of Emanuel move to amend section 13 by adding the following language to said section, to wit:
"The tax collector or tax commissioner, acting as deputy registrar, shall carry with him in each and all of his visits to the several militia districts of his county when visiting the said militia districts for the purpose of collecting taxes, application blanks for registration and shall take said application for registration on said visits in the same manner as if the applications were received at his office."
so that said section when amended will read as follows:
Section 13. The registrars shall keep said registration cards at the tax collector's or tax commissioner's office, where one or more of their number, or one or more of their deputies, shall be stationed for the purpose of taking applications for regisiration. The presence of any such official shall not be required except at such times as said office is open at its regular hours for collecting taxes. The tax collector or tax commissioner, acting as deputy registrar, shall carry with him in each and all of his visits to the several militia districts of his county when visiting the said militia districts for the purpose of collecting taxes, application blanks for registration and shall take said application for registration on said visits in the same manner as if applications were received at his office.

416

JOURNAL OF THE HOUSE,

Section 13, as amended, was adopted. Section 14 was adopted. Section 15 was read.

The following amendment was adopted:
(9) Mr. Nightingale of Glynn moves to amend HB 96 by striking from section 15 the words beginning on the third line of said section: "pay the official the one dollar registration fee herein provided and shall then proceed to"; and by striking from said section the entire sentence beginning on the eighth line of said section reading as follows: "Should the applicant refuse to pay the registration fee the fact should be noted on the card, and the registrars on having the matter referred to them shall summarily reject .the application."
Section 15, as amended, was adopted.
Section 16 was adopted.
Section 17 was read.

The following amendments to section 17 were adopted:
(10) Messrs. Smith of Emanuel and Twitty of Mitchell move to amend HB 96, section 17, on page 7, by striking therefrom the following, to wit: "The official shall also inquire of the applicant whether or not he has been arrested, and when, for what offense, and how often, and whether the applicant has ever been accused or indicted in any court of this State or any other State of any offense, and if so the name of the offense, the court the accusation or indictment was returnable to and the date of the accusation or indictment or arrest. If these questions elicit affirmative answers the data shall be noted on the card, so that the registrars may consider whether the applicant is of good character within the meaning of sub-paragraph 1 of paragraph IV of section I of article II of the Constitution."
(11) Messrs. Smith of Emanuel and Twitty of Mitchell move to amend HB 96, section 17, on page 7, by striking the word "satisfactorily", the last word in line 15, and substituting in lieu thereof the. word "correctly".
Section 17, as amended, was adopted.
Section 18 was adopted.
Section 19 was read.

The following amendments to section 19 were adopted:
(12) Messrs. Smith of Chatham, Briscoe of Walton and Harrison of Jeff Davis move to amend HB 96 as follows: By striking the word "one" in the first sentep.ce of paragraph numbered (3), section 19, and inserting in lieu thereof the word "three" so that the said sentence as amended shall read:
"In cases arising under the preceding paragraph and in all cases arising under this act where the applicant, or voter, as the case may be, is required to be served with a notice of a hearing, unless otherwise provided, said notice shall specify a day not less than three nor more than ten days after the date of the notice."

THURSDAY, FEBRUARY 20, 1947

4l7

(l2A) Messrs. Smith of Emanuel and Twitty of Mitchell move to amend HB 96, section 19, paragraph (1) on page 8 thereof, by striking the w9rd "satisfactorily" in lines 4 and 5 and inserting in lieu thereof the word "correctly"; and by striking the word "satisfactorily" in li_ne 7 and inserting in lieu thereof the word "reasonably" so that said paragraph (1) is corrected as follows:

"(l). In those cases where the applicant applied for qualification on the basis of literacy and it appears from the data on the registration card that he read the selected portion of the Constitution correctly and that he wrote the selected portion correctly, or that solely by reason of a physical disability he could not read it, but was able to interpret the selected portion reasonably when read to him, and said card shows no reason for disqualification, or noncompliance with the provisions of the law, the registrars shall pass an order declaring the applicant prima facie qualified."

Section 19, as amended, was adopted.

Sections 20 and 21 were adopted.

Section 22 was read.

The following amendment to section 22 was adopted:
(13) Mr. Neel of Thomas moves to amend HB 96 by adding to section 22, in line 6, after the word "insanity", the word "death", so that section 22 shall read in its entirety as follows:
"The tax collector or tax commissioner and the clerk of the superior court and the ordinary of each county shall, on or before the 20th day of April in each year, prepare and file with the registrars a complete list, alphabetically arranged, of all persons living in the coJinty on the lOth day of April of that year, who appear to be disqualified from voting by reason of idiocy, insanity, death, or conviction of a crime, the penalty of which is disfranchisement, unless such convict has been pardoned and the right of suffrage restored to him."
Section 22, as amended, was adopted.
Section 23 was read.

The following amendment was adopted:
(14) Mr Welsch of Cobb moves to amend section 23 of HB 96 by striking the word "the" before the word "county" and by substituting the word "any" therefor.
Section 23, as amended, was adopted.
Sections 24-25-26-27 were adopted.
Section 28 was read.

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JOURNAL OF THE HOUSE,

The following amendment was adopted:

(15) The House Committee on State of the Republic amends HB 96 by striking therefrom section 28 in its entirety and by renumbering subsequent sections appropriat~y.
Section 28, as amended, was adopted.
Section 29 was read.

The following amendment was adopted:
(16) The committee amends section 29 (which by virtue of the foregoing amendment will appear as section 28) by adding at the end thereof the following sentence:
"The provisions of this section shall apply to any and all elections other than general elections." Section 29, as amended, was adopted. Section 30 and 31 were adopted.
Section 32 was read.

The following amendment was adopted:
(17) Mr. Smith of Chatham moves to amend HB 96 as follows: By striking the first sentence of section 32 and inserting in lieu thereof the following:
"For the purpose of determining the qualification or disqualification of persons as aforesaid, the registrars may, upon three days' notice, require the production of books, papers, etc., and upon like notice may subpoena and swear witnesses."
Section 32, as amended, was adopted.
Sections 33 and 34 were adopted.
Section 35 was read.

The following amendment was adopted:
(18) Mr Smith of Chatham moves to amend HB 96 as follows: By striking the last sentence of section 35 and inserting in lieu thereof the following:
"Each challenge shall specify the grounds of the challenge, and when notice is given the voter by the registrars, a copy of such challenge shall be furnished the challenged voter at least three days before passing upon the same."

THURSDAY, FEBRUARY- 20, 1947

419

Section 35, as amended, was adopted.

Sections 36 and 37 were adopted.

Section 38 was read.

The following amendment was adopted:
(19) Messrs. Twitty of Mitchell and Smith of Emanuel move to amend section 38 by adding immediately following the word "oath" the following words, "To be administered by one of the managers", so that said section when amended shall read as follows:
Section 38. If any person shall offer to vote at the precinct at the courthouse, at the county seat, whose name does not appear on the lists for that ward or militia district, but does appear on the lists for one of the militia districts in which the voting precinct is situated outside of an incorporated town, such person shall be allowed to vote at the courthouse, at the county site, upon taking the following oath, to be administered by one of the managers: "I swear, or affirm, that I have not voted elsewhere in this election."
Section 38, as amended, was adopted.
Sections 39 through 44 were adopted.
Section 45 was read.

The following amendment was adopted:
(20) Mr. Nightingale of Glynn moves to amend HB 96 by striking from section 45 of said bill the following words beginning on the sixteenth line of said section: "from the special fund created by the collection of registration fees, and in the event that fund is exhausted, then payment shall be made."
An amendment offered by Messrs. Twitty of Mitchell and Smith of Emanuel was lost.
Second 45, as amended, was adopted.
Under the provisions of HR 45, the speaker announced the House recessed until 1:30 o'clock P. M. this afternoon.

The speaker called the House to order. Further consideration of HB 96 was resumed. Section 45 was again considered.

1:30 o'clock P. M.

420

JOURNAL OF THE HOUSE,

The following amendment was adopted:

(21) Messrs. Hubert and Howard of DeKalb, Vandiver of Bibb, Kendrick, of Fulton and Eve of Richmond move to amend HB 96 by adding to section 45 the following:

"None of the fees provided for in this section shall be paid to the tax collector or tax commissioner or his deputies acting in the capacity of deputy registrars and none of the fees provided herein shall be paid to the clerk of the superior court and ordinaries in any county of this State having a population of more than 75,000 according to the 1940 U. S. census or any future census."

Section 45, as amended, was adopted.

Section 46-4748 were adopted.

Section 49 was adopted.

The following amendment was adopted:
(22) The House Committee on State of the Republic proposes the following amend ment to HB 96: Said bill is amended by inserting after paragraph 48 a section to be appropriately numbered and that the subsequent sections be numbered appropriately, said section shall read as follows:
"Section -. The board of registrars shall meet at the court house, during the voting hours of each election day for the purpose of considering the qualification of voters whose names may have been omitted by inadvertence or mistake from the qualified list of voters."
Sections 50 through 59 were adopted.
Section 3 was again considered.

The following amendment was adopted:
(23) Messrs. Twitty 'of Mitchell and Smith of Emanuel move to amend HB 96, section 3, by adding at the end thereof:
"Provided that the first list hereunder to be made by the registrars shall be made on August 1, 1947, each year hereafter the provisions of section 24 shall apply."
Amendments"offered by Messrs. McCracken of Jefferson and Mathis of Lowndes were ruled out of order by the speaker.
Section 3, as amended, was adopted.
(24) Messrs. Neel of Thomas, Cheshire of Colquitt,' Joel of Clarke and Nightingale of Glynn move to amend HB 96 by adding a new section to be numbered section 4-A and to read as follows:

'J:HURSDAY, FEBRUARY 20, 1947

421

Section 4-A. Before any such registered voter shall be disqualified to vote for failure to vote as herein stated, the board of registrars on or before March 1, before the next general election, shall mail to such registered voter at the last address furnished by the registrant, a notice substantially as follows:

"You are hereby notified that your registration as a qualified voter will be cancelled for having failed to vote within the past two years, unless on or before April 1, of the current year, you appear in person before the board of registrars and sign the following statement.

I hereby certify that I reside at the address given below and apply for continuation of my registration as a voter, and that I have not become dis qualified as a voter since I first registered.

Signature of voter ..................................... ; ............

Present residence address................................................ .

Date .......................

And effective as of April 1, of such current year, the board of registrars shall cancel the registration of all such registered voters thus notified who have not applied
for continuance of their registration and the names of all such voters shtll be
wholly removed from the list of qualified electors oc voters. Any elector whose registration has been thus cancelled may re-register in the manner provided for in the original registration under this act.

(25) Messrs. Neel of Thomas, Cheshire of Colquitt, Joel of Clarke and Nightingale of Giynn move to amend HB 96 by adding a new section to be numbered section 4-B and to read as follows:
Section 4-B. The manager of each general or special election shall keep a duplicate list of all persons voting in said election and shall, within sixty (60) days after said election, turn said list over to the board of registrars to be kept as an official record of those voting in said elections.
Section 7 was again considered.

The following amendment was adopted:
(26) Mr. Smith of Carroll moves to amend HB 96 as follows: By striking section 7 of said act and substituting in lieu thereof a section to be numbered 7 and to read as follows:
"The judge of the superior court of each county shall appoint biennially three upright and intelligent citizens of said county upon the recommendation of the grand jury of said county as county registrars. The grand jury shall submit to the judge the names of six upright and intelligent citizens and the appointment shall be made from the six submitted, and have the appuintment entered on the .minutes of the court. Said appointment shall be for the term of two years and until their successors are appointed and qualified. The said judge shall have the right, however, to remove said registrars at any time upon the recommendation of

422

JOURNAL OF THE HOUSE,

the grand jury or upon proof that said registrars have failed to discharge their duty or are unfit for said appointment, and the judge of said court shall have power to appoint successors in case of removal, death or resignation, who shall hold office until the next regular term of the grand jury of said county, when a new registrar or registrars shall be recommended by the grand jury and appointed by the judge as provided herein, nevertheless, the first appointment hereunder shall have a three year term, ending in 1949."

Section 7, as amended, was adopted.

Mr. Bagby of Paulding moved that the House do now adjourn until Monday morning, February 24, 1947, at 10:00 o'clock.

On the motion to adjourn, Mr. Mathews moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Polk A~ams of Towns Addleton Bagby Beddingfield Bloodworth Briscoe Britton Campbell Caswell Cheek Conger Covington Cowart Crowe of VVorth Dorsey Durden Ellis Evans Eve Evitt Garland Garrard Garrett

Garrison Gibbons Gowen Green of Rabun Hardin of Glascock Hardy Harrison of Jenkins Hobby Holbrook Hubert Huddleston Jenkins Johnson of Bulloch Johnston of Lowndes Kemper Kenimer Kidd Knight Leverette Lewis of Greene Lovett McMillan Mann of Henry Miller

Morris Moye of Lamar Moye of VVashington Nicholson Nightingale Oden Pennington Rainey Reid Rich Risner Rucker Smith of Carroll Smith of Clayton Smith of Emanuel Towill Trulock Twitty Tuttle Vickers VVells of Clarke VVilliams of Toombs VVilson

THUI!SDAY, FEBRUARY 20, 1947

423

Those voting in the negative were Messrs.:

Ansley Barrett Bennett Black Bruton Caldwell Chalker Chance Davis Edenfield Elliott Fowler Freeman Gary Greene of Crisp Groover Hardin of Turner Hefner Henderson

Hicks Hill Hinson Howard of DeKalb Hurt Ingle Jennings of Baldwin Jones Jordan Kendrick Kenyon Key Lockett McCracken Mallard Mason Mathews Mitchell Morgan

Murphy Neel Ramey Rowland Sabados Salter Seagraves Shields Skinner Smith of Chatham Smith of Oglethorpe S~indle Thompson Vandiver Welsch Willoughby Witherington Yawn

Not voting were Messrs. Adams of Wheeler, Anglin, Arnall, Avera, Bargeron, Battle, Bostwick, Bradley, Brooke, Byrd, Callier, Cates, Causey, Cheshire, Clark, Claxton, Cochran, Coogle, Cox, Crow of Walke~:, Dobbs, Dykes, Etheridge of Baker, Etheridge of Fulton, Flynt, Gibson, Glisson, Goldberg, Greer, Hagan, Hall, Hampton, Harrison of Jeff Davis, Harrison of Wayne, Higgs, Holleman, Howard of Dawson, Jennings of Sumter, Joel, King, Knabb, Lewis of Hancock, Littlejohn, Lokey, Long, McWhorter, Malone, Mann of Rockdale, Manous, Massey, Mathis, Mavity, Meeks, Moore of Lumpkin, Moore of Taliaferro, Morrison, Overby, Padgett, Pearlman, Phillips, Pulliam, Ramsay, Ray, Riddlespurger, Sills, Smith of Bryan, Smith of Fulton, Stevens, Tuten, Walker, Watford, Wells of Lincoln, Whaley, Williams of Jones, Williams of Mcintosh, Williams of Ware and Willingham.

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

On the motion to adjourn, the ayes were 71, nays 56.

The motion to adjourn prevailed.

The speaker announced the House adjourned until Monday morning, February 24, 1947, at 10:00 o'clock, and HB 96 went over until that time under the order of unfinished business.

JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Monday, February 24, 1947.
The House met pursuant to adjournment this day at 10:00 o'clock A. M.. was called to order by the speaker and opened with prayer by the chaplain, Rev. D. T. Buice of the Stone Mountain Baptist Church.
By unanimous consent, the call of the roll was dispensed with. Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of last Thursday's proceedings had been read and found correct. By .unanimous consent, the reading of the journal was dispensed with. The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. 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 324. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta relating to the term of office for the chief of the sanitary department, term of office of city attorney; and for other purposes.
Referred to Committee on Municipal Government.
HB 325. By Messrs. Etheridge, Kendrick and Smith of Ful~n: A bill to be entitled an act establishing a new charter for the City of Atlanta; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, FEBRUARY 24, 194i

425

HB 326. By Mr. Briscoe of Walton:
Abill to be entitled an act to provide for the registration of birth certificates and
death certificates in the county wherein the parent or the deceased resides; and for other purposes.

Referred to Committee on Hygiene and Sanitation.

HB327. By Messrs. Cox and Rich of Decatur:
A bill to be entitled an act to amend an act governing and regulating the use of the public roads and highways of this State, according to recommendations of the highway transport committee; and for other purposes.
Referred to Committee on Motor Vehicles.

HB 328. By Messrs. Crowe and Hobby of Worth, Johnston of Lowndes, Lovett of Laurens,

Elliott of Muscogee, Jones of Brantley, Twitty of Mitchell, Smith of Emanuel and

Walker of Ben Hill:

.

A bill to be entitled an act to repeal an act creating a State director of housing; to create in lieu thereof a State housing authority board; and for other purposes.

Referred to Committee on State of Republic.

HB 329. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend an act providing for a pension system in cities of 150,000 and over; and for other purposes.
Referred to Committee on Municipal Government.

HB 330. By Messrs. Moye of Lamar and Howard of DeKalb:
A bill to be entitled an act to amend an act regulating driving and traffic regulations, and to provide an additional section regulating the use of State highways by motor vehicles for hire; and for other purposes.
Referred to Committee on Motor Vehicles.

HB 331. By Mr. Hagan of Screven:
A bill to be entitled an act to make it unlawful for any person, firm or corporation to purchase for the purpose of reselling or speculating any ticket or tickets to any college football game, baseball game, basketball game, or any other athletic games or contests; and for other purposes.
Referred to Committee on University System of Georgia.

426

JOURNAL OF THE HOUSE,

HB 332. By :Messrs. Hagan of Screven, Garland of Butts, Bagby of Paulding, Fowler of Douglas, Durden of Dougherty, and others:
A bill to be entitled an act to repeal an act relating to second injury; and for other purposes.

Referred to Committee on General Judiciary No. 2.

HB 333. By Messrs. Moye of Lamar and Howard of DeKalb:
A bill to be entitled an act providing funds for the support of the widow and maintenance and education of the four minor children of David Hugh Thomas whose death was caused by injections of antirabic serum manufactured and furnished to him by the Georgia State health department; and for other purposes.
Referred to Committee on Special Appropriations.

HB 334. By Mr. Elliott of Muscogee: A bill to be entitled an act to repeal all existing laws relating to eschaets; and for other purposes.
Referred to Committee on State of Republic.

HR 64-334A. By Messrs. Gowen and .Nightingale of Glynn:
A resolution to propose to the qualified voters of the State of Georgia an amendment authorizing State ports authority; to create a bonded indebtedness for the purpose of enabling said authority to carry out and perform the duties, functions and purposes for which created; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

HR 65-334B. By Mr. Mathis of Lowndes:
A resolution empowering the commissioner of agriculture to execute and enter into a long term lease contract for the use of certain property of the State farmers market at Valdosta to be used for the erection and operation of a food processing plant; and for other purposes.
Referred to Committee on Public Property.

HR 66-334C. By Mr. Willoughby of Clinch: A resolution to raise adequate revenue to finance and pay the school teachers of Georgia a 50'7c increase in pay; and for other purposes.
Referred to Committee on Rules.

MONDAY, FEBRUARY 24, 1947

427

HB 335. By Mr. Causey of Bacon:
A bill to be entitled an act to require mechanics, garage owners, and persons repairing automobiles and trucks to show on all repair bills an itemized statement of parts and costs required in repair jobs; and for other purposes.

Referred to Committee on Special Judiciary.

HB 336. By Mr. Addleton of Spalding: A bill to be entitled an act to amend an act entitled "Tax Collector's Duties"; and for other purposes.
Referred to Committee on Special Judiciary.

HR 67-336A. By Messrs. Kendrick, Smith and Etheridge of Fulton; Hubert, Howard and MeWhorter of DeKalb:
A resolution relating to the construction of grandstands or stadiums; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HR 68-336B. By Messrs. Bagby of Paulding, Hinson of Ware and Evitt of Catoosa:
A resolution authorizing the treasurer of the State of Georgia to pay the sum of $650.00 to Ernest C. Dailey, trooper on the Georgia State patrol, for damages to his personal car while in the line of duty; and for other purposes.
Referred to Committee on Special Appropriations.

HB337. By Mr. Briscoe of Walton: A bill to be entitled an act to amend the charter of the City of Monroe so as to provide for a police commission; and for other purposes.
Referred to Committee on Municipal Government.

HB 338. By Mr. Watford of Long: A bill to be entitled an act to amend an act creating the board of commissioners of roads and revenues of Long county; and for other purposes.
Referred to Committee on Counties and County Matters.

428

JOURNAL OF THE HOUSE,

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bills and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 270. Do Pass.

HB 275. Do Pass.

HB 222. Do Pass.

HB 312. Do Pass.

HR 59-283C. Do Pass.

SB 62. Do Pass.

Respectfully submitted,

Ramey of Chattooga, Chairman

:Mr. Kenimer of Harris County, chairman of the Committee on Education No. 1, submitted the following report:

Mr. Speaker:
Your Committee on Education No. 1 has had under consideration the following resolution of. the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 60-283d. Do Pass.

Respectfully submitted,

Kenimer of Harris, Chairman

Mr. Murphy of Haralson County, chairman of the Committee on Education No. 2, submitted the following report:

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

HB 176. Do Pass.

HB 250. Do Pass.

Respectfully submitted,

Murphy of Haralson, Chairman

MONDAY, FEBRUARY 24, 1947

429

Mr. Welsch of Cobb County, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:
Your Committee on Railroads has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 43. Do Pass.

Respectfully submitted,

Welsch of Cobb, Chairman

Mr. Cheek of Franklin County, chairman of the. Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 34. Do Pass.

HB 272. Do Pass.

HB 299. Do Pass.

SR 14. Do Pass.

SR 15. Do Pass.

Respectfully submitted,

Cheek of Franklin, Chairman

Mr. McCracken of Jefferson County, chairman of the Committee on State of the Re public, submitted the following report:

Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 189. Do Pass.

SB 21. Do Pass.

HB 306. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman

430

JOURNAL OF THE HOUSE,

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

SR 14. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing the appointment of a committee by the legislature to negotiate with authorities from the State of Tennessee and to agree, if possible, on a definitd fixed boundary between the State of Tennessee and the State of Georgia; and for other purposes.

SR 15. By Senators Kiker of the 41st and Coker of the 39th:
A resolution to authorize and direct the attorney general of Georgia to bring into the federal court the proper proceedings to establish a definite fixed boundary line 'with the States of Georgia and Tennessee in the event the State of Tennessee fails to agree upon the said boundary line the commission heretofore authorized; and for other purposes.

SB 21. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act to authorize electric street railroad companies incorporated under the laws of Georgia and engaged in street railroad and bus transportation and in the operation of electric plants, other than hydroelectric plants for the generation of electric power and the distribution and sale thereof for light, heat and power purposes, to sell and otherwise dispose of their street railroad and bus properties and franchises, etc.; and for other purposes.

HB 34. By Mr. Jones of Brantley:
A bill to be entitled an act to provide for holding 4 terms a year the superior court of Brantley county; and for other purposes.

SB 43. By Senators Carswell of the 17th, Mason of the 30th and Grayson of the 1st:
A bill to be entitled an act to amend an act relating to railroad crossings; and for other purposes.

SB 62. By Senator Mason of the 30th:
A bill to be entitled an act to amend an act creating the office of commtsstoner of roads and bridges and a board of Finance; and for other purposes.

HB 176. By Messrs. Ramey of Chattooga, Kenimer of Harris, Stevens of Marion and Lewis of Hancock:
A bill to be entitled an act to amend an act relating to the powers and duties of the county boards of education; and for other purposes.

MONDAY, FEBRUARY 24, 1947

431

HB 189. By Messrs. Williams of Mcintosh, Nightingale and Gowen of Glynn:

A bill to be entitled an act to create the Georgia coastal scenic highway author ity; and for other purposes.

HB 222. By :\Iessrs. Caldwell and Groover of Troup:
A bill to be entitled an act to increase the fees of coroners' jurors for services in connection with the holding of inquests in counties having a population of not less than 43,875 and not more than 43,885; and for other purposes.

HE 270. By Mr. Yawn of Dodge:
A bill to be entitled an act to amend as act to consolidate the offices and duties of tax receiver and tax collector of the County of Dodge; and for other purposes.

HB 250. By :\lessrs. Kenimer of Harris, Cheshire of Colquitt, Garland of Butts, Riddle spurger of Colquitt, and others:
c\ bill to be entitled an act to amend an act to establish a retirement system for aged and incapacitated teachers in the public schools of the State; and for other purposes.

HB 272. By Mr. Addleton of Spalding:
_-\ bill to be entitled an act to provide for circuit probation officers in the judicial circuits of this State; and for otheP purposes.

HB 275. By Mr. Willoughby of Clinch:
_-\ bill to be entitled an act to amend an act creating the board of county com missioners of roads and revenues of Clinch county; and for other purposes.

HR 59-283C. By Mr. Willoughby of Clinch:
A resolution to authorize and direct the commissiOners of roads and revenues of the Connty of Clinch to contribute an amount not to exceed $7500.00 when a veterans home in Homerville has been completed; and for other purposes.

HR 60-283D. By Mr. Willoughby of Clinch:
A resolution to provide for a committee to make a survey of Georgia educational system; and for other purposes.

432

JOURNAL OF THE HOUSE,

HB 299. By Messrs. Ray of Warren, Ramsay of Stephens and Cheek of Franklin:
A bill to be entitled an act to make it mandatory. for all county officers who are required to give bond to give a surety bond and to provide that the premiums due on such bond shall be paid by the county fiscal authorities from county funds; and for other purposes.

HB 306. By Messrs. Kidd and Jennings of Baldwin:
A bill to be entitled an act to repeal an act creating the Georgia citizens council; and for other purposes.

HB 312. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend an act entitled "Monroe Commissioner's Compensation"; and for other purposes.

By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
HB97. By Messrs. Sabados and Durden of Dougherty: A bill to be entitled an act to amend an act creating and establishing a new charter for the City of Albany; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were ~03, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 127. By Messrs. McWhorter, Howard and Hubert of DeKalb: A bill to be entitled an act to amend the charter of the City of Lithonia; and for other purposes.
The report 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, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 171. By Mr. Whaley of Telfair:
A bill to be entitled an act to provide for the disposition of the fines and forfeitures accumulating in the superior court of the County of Telfair; and for other purposes.

MONDAY, FEBRUARY 24, 1947
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, nays 0. The hill, having received the requisite constitutional majority, was passed.
HB200. By Mr. Yawn of Dodge: A hill to he entitled an act to repeal an act to provide for the appointment of special deputy shenffs in certain counties; and for other purposes.
The following amendment to HB 200 was read and adopted: Mr. Yawn of Dodge moves to amend HB 200 by adding to section 1 the following: "This act applies only to the County of Dodge" and to add to the caption before the words "and for other purposes" the following words: "to provide that this act shall apply only to Dodge 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 106, nays 0. The bill, having received the requisite constitutional majority, was passed, as amended.
HB 263. By Mr. Walker of Ben Hill: A bill to he entitled an act to amend an act amending the charter of the City of Fitzgerald; and for other purposes.
The report 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 271. By Mr. Witherington of Wilcox: A bill to be entitled an act to amend an act to create a board of commissioners of roads and revenues for the County of Wilcox; and for other purposes.
The report of ihe 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.

434

JOURNAL OF THE HOUSE,

HB 283. By Mr. Trulock of Grady:
A bill to be entitled an act to amend an act to abolish the offices of tax receiver and tax collector of Grady 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, nays 0.

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

HB 290. By Mr. Bruton of Cook: A bill to be entitled an act to amend an act to create a board of commissiOners of roads and revenues in and for Cook county; and for Qther purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 291. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend an act to create and establish the city court of Decatur; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 292. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to amend an act to authorize the election of a commissioner of roads and revenues for the County of DeKalb; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, ~he ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 24, 1947

435

HB 294. By :\Iessrs. McWhorter, Howard and Hubert of DeKalb:

_-\ bill to be entitled an act to amend an act creating and establishing a new charter for the Town of Decatur, now City of Decatur; 'and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were ll3, nays 0.

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

HB 295. By :Niessrs. Howard, McWhorter and Hubert of DeKalb:
:\ hill to be entitled an act to amend the charter of the City of Stone Mountain; 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 ll4, nays 0.
' The bill, having received the requisite constitutional majority, was passed.

HB 296. By :\Iessrs. Howard, McWhorter and Hubert of DeKalh:
:\ bill to he enti tied an act to amend an act to establish a new charter for the Town of Clarkston; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 297. By Messrs. McWhorter, Howard and Hubert 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, now City of Decatur; 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 ll6, nays 0.
The bill, having received the requisite constitutional majority, was passed.

436

JOURNAL OF THE HOUSE.

HB 301. By Messrs. Kendrick, Etheridge and Smith of Fulton:

A bill to be entitled an act to amend an act to incorporate 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 117, nays 0.

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

HB 302. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act incorporating 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 303. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend an act to incorporate 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 129. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend the charter of the City of Lithonia; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 24, 1947

437

HB 130. By Messrs. Howard, McWhorter and Hubert of DeKalb:

A bill to be entitled an act to amend the charter of the City of Lithonia; and for other purposes.

The report 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, nays 0.

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

HB 143. By Messrs. Mathis and Johnston of Lowndes:
A bill to be entitled an act to amend the charter of the Town of Hahira; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 190. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an act to authorize and provide for the pensioning of the employees of the County of Glynn; and for other purposes.

The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 208. By Mr. Bloodworth of Houston:
A bill to be entitled an act to amend the charter of Warner Robins; and for other purposes.
The report of the committee, which .was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

438

JOURNAL OF THE HOUSE,

HB 218. By :Messrs. Johnston and Mathis of Lowndes:

A bill to be entitled an act to amend an act to amend the charter of the City of Valdosta; and for other purposes.
The report 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, nays 0.

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

HB 219. By Mr. Johnston of Lowndes:
A bill to be entitled an act to amend an act to create a board of commissioners of roads and revenues of Lowndes county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, nays 0.
Tne bill, having received the requisite constitutional majority, was passed.

HB 225. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to empower the City of Columbus to sell and convey certain 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 127, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 228. By Messrs. Johnston and Mathis of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 24, 1947

439

HB 241. By Messrs. Crowe and Hobby of Worth:
A hill to he entitled an act to amend an act to create a new charter for the City of Sylvester; and for. 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 129, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 251. By Mr. Gary of Quitman:
A hill to he entitled an act to repeal an act to create a board of conumsswners of roads and revenues for the County of Quitman; 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 130, nays .0.
The bill, having received the requisite constitutional majority, was passed.

HB 252. By Mr. Gary of Quitman:
A bill to be entitled an act to create the office of commtsswner of roads and revenues of the County of Quitman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 131, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 261. By Mr. Pulliam of Elbert:
A bill to be entitled an act to abolish the office of tax receiver and tax collector of Elbert county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 132, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 266. By Mr. Kenimer of Harris:
A bill to be entitled an act to amend an act to incorporate the Town of Waverly Hall; and for other purposes.

440

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 133, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 267. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act to incorporate the Town of Alpharetta; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bill of the House was read the third time and placed upon its passage:
HB 293. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to amend an act to change from the fee to the salary system certain officers of counties of a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 135, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Mr. Smith of Carroll gave notice of a motion to instruct the Committee on Temperance to report HB 113 back to the House.
Mr. Willoughby of Clinch arose to a question of personal privilege and addressed the House.
Mr. Lovett of Laurens arose to a question of personal privilege and addressed the House.

Under the regular order of business, the following bill of the House was again taken up for consideration:
HB 96. By Messrs. Hand and Twitty of Mitchell, Smith and Edenfield of Emanuel, and others.
A bill to be entitled an act to effect a complete reVIsion of all the laws of this State in any way dealing with the registration of voters; and for other purposes.
Under the provisions of HR 45, the speaker announced the House recessed until 1:30 o'clock P. M., this afternoon.

MONDAY, FEBRUARY 24, 1947

441

The speaker called the House to order.

1:30 o'clock P. M.

By unanimous consent, Mr. Littlejohn of Floyd was allowed to have his name stricken from the roll call vote on the question of agreeing to the unfavorable report of the committee on HB 72, and the clerk of the House was instructed to strike his name from the list of those voting.

Further consideration of HB 96 was resumed.

Mr. Ray of Warren moved the previous question, and the call was sustained.

An amendment offered by Mr. Towill of Richmond to the substitute to HB 96 was adopted.

The following amendment was read and adopted:
Messrs. Hubert and Howard of DeKalb move to amend HB 96 by adding a new section thereto to be appropriately numbered and reading as follows:
"Be it further enacted by the authority aforesaid that none of the proVISions of this act shall have the effect of repealing an act of the General Assembly approved February 16, 1943 (Georgia Laws 1943, 293), the same being an act to amend section 34-401 of the Code of Georgia 1933, so as to provide that in counties having a population of not less than !Ji,OOO and not more than 88,000 according to the United States census of 1940 or any future census the county registrars shall prepare separate voters' lists for each voting precinct in militia districts containing more than one precinct; to provide that persons may vote only at the precinct upon which they are so listed; to provide a penalty for the violation of this act and for other purposes, but all of the provisions of said act are hereby specifically retained and reaffirmed."
The substitute offered by Mr. Towill of Richmond, as amended, to HB 96 was lost.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 131, nays 24.
The bill, having received the requisite constitutional majority, was passed, as amended.
Messrs. Brooke and Britton of Whitfield, Sabados of Dougherty, Holleman of Muscogee, Groover, Morgan and Caldwell of Troup, Goldberg of Coweta, Smith of Fulton, Vandiver and Wilson of Bibb, and Towill of Richmond requested that the journal show that they voted against the passage of HB 96.

Under the regular order of business, the following resolution of the House was taken up for consideration and read the third time:

442

JOURNAL OF THE HOUSE,

HR 28-103b. By ~lr. Bloodworth of Houston:
A resolution to appropriate certain sums to pay damages to :\Irs. Lillian Andrews, et a!., for an accident resulting from the negligence of a State patrolman; and for other purposes.
The House was resolved into the Committee of the Whole House to consider HR 28-103b, and the speaker designated Mr. Twitty of Mitchell as the chairman thereof.
The Committee of the Whole House arose and through its chairman, reported HR 28-103b back to the House with the recommendation that, the same do pass.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk .\dams of Towns Adams of Wheeler Anglin Ansley Arnall Avera Bagby Bargeron Barrett Battle Bennett Black Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chalker Chance ,Cheek Clark Claxton

Cochran Conger Coogle Covington Cowart Cox Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Eve Evitt Freeman Garland Garrard Garrett Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp

Groover Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Hefner Henderson Hicks I-Iiggs Hill Hinson Hobby Holbrook Holleman Howard of Dawson Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jordan Kemper

MONDAY, FEBRUARY 24, 1947

Kendrick Kenimer Kenyon Leverette Lewis of Greene Lewis of Hancock Littlejohn Lockett Lokey Lovett McCracken McMillan McVVhorter Mallard Malone Mann of Henry Mathews Mathis Meeks Miller Moore of Lumpkin

Morgan Morris Morrison Moye of Washington Murphy Nicholson Nightingale Oden Padgett Pearlman Pennington Pulliam Rainey Ramsay Ray Reid Rich Rowland Rucker Salter Seagraves

Shields Skinner Smith of Carroll Smith of Clayton Smith of Emanuel Smith of Oglethorpe Stevens Swindle
Thompson Towill Trulock Twitty Vandiver Vickers Walker Whaley Williams of Mcintosh Williams of Ware Willingham Wilson Witherington

Not voting were Messrs. Addleton, Beddingfield, Bostwick, Cheshire, Evans, Flynt, Fowler, Garrison, Gibson, Greer, Hagan, Joel, Jones, Key, Kidd, King, Knabb, Knight, Long, Mann of Rockdale, Manous, Mason, Massey, Mavity, Mitchell, Moore of Taliaferro, Moye of Lamar, Neel, Overby, Phillips, Ramey, Riddlespurger, Risner, Sahados, Sills, Smith of Bryan, Smith of Chatham, Smith of Fulton, Tuten, Tuttle, Watford, Wells of Oarke, Wells of Lincoln, Welsch, Williams of Jones, Williams of Toombs, Willoughby and Yawn.
By unanimous consent, the verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 156, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Under the regular order of business. the following hill of the House was taken up for consideration and read the third time:
HB 4. By Mr. Causey of Bacon:
A bill to be entitled an act to amend the Code of Georgia in reference to the revi~ion of jury lists, and selection of grand and traverse jurors; and for other purposes.

444

JOURNAL OF THE HOUSE,

A substitute offered by Mr. Causey of Bacon to HB 4 was read.

Mr. Caldwellof Troup moved to table HB 4.

On the motion to table, the ayes were 75, nays 62.

The motion prevailed, and the bill was tabled.

Mr. Dobbs of Gwinnett moved that the House do now adjourn, and the motion was lost.

Under the regular orde~of business, the following bill of the House was taken up for consideration and read the third time:
HB 58. By Mr. Etheridge of Fulton:
A bill to be entitled an act to give an express lien to involuntary gratuitous de positaries; and for other purposes.
By unanimous consent, HB 58 was tabled.
By unanimous consent, consideration of HR 20-13h which was scheduled for tomorrow morning immediately following the expiration of the period of unanimous consents, was postponed until next Monday, March 3, 1947, immediately following the expiration of the period of unanimous consents.

The following resolution of the House was read and adopted:
HR 69. By Messrs. Kidd and Jennings of Baldwin:
A resolution inviting an A Cappella Choir to appear in concert before a joint session of the House and Senate <111 Monday morning, March 3, 1947; and for other purposes.
Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.
The speaker announced the House adjourned until tomorrow mornin~ at 10:00 o'clock.

TUESDAY, FEBRUARY~. 1~7 Representative Hall, Atlanta, Georgia, Tuesday, February ~. 1947.
The House met pursuant to adjournment this day at 10:00 o'clock A. M., wu called to order by the speaker and opened with prayer by the chaplain, Rev. D. T. Buice of the Stone Mountain Baptist Church.
By unanimous consent, the call of the roll was dispensed with. Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the journal was dispensed with. The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.
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 17. By Mr. Hicks of Floyd: A bill to be entitled an act to provide for the payment of attorney's fees in all citations for contempt, upon the hearing of such contempt action, against lillY defendant in any divorce suit or alimony suit for failing to pay alimony that may have been awarded by the court; and for other purposes.

JOURNAL OF THE HOUSE,
HB 23. By Messrs. Johnson and Mallard of Bulloch: A bill to be entitled an act to amend section 2 of an act approved August 10, 1903, creating the city court of Statesboro, as amended by the acts approved August 1, 1906, and August 1, 1922, and the several acts amendatory thereof so as to increase the salary of the judge of said court; and for other purposes.
HB 24. By Mess1s. Johnson and Mallard of Bulloch: A bill to be entitled an act to amend section 5 and section 13 of an act approved August 11, 1924, creating the board of county commissioners for the County of Bulloch, as amended by the acts approved March 23, 1937, and the several acts amendatory thereof, so as to increase the salary of the two members of said board and provide $1,500 to the chairman of said board for clerical help; and for other purposes.
HB 25. By Messrs. Johnson and Mallard of Bulloch:
A bill to be entitled an act to amend section 8 of an act approved March 24, 1937, to abolish the offices of tax receiver and collector of Bulloch county and to create the office of tax commissioner; and for other purposes.
HB 26. By Messrs. Johnson and Mallard df Bulloch: A bill to be entitled an act to create the city court of Statesboro approved August 10, 1903 as amended by an act approved August 14, 1906; and as amended by an act approved March 23, 1937; so as to increase the salary of the solicitor of said court; and for other purposes.
HB 103. By Mr. Pulliam of Elbert:
A bill to be entitled an act to amend an act incorporating the City of Elberton: and for other purposes.
HB 178. By Mr. Witherington of Wilcox: A bill to be entitled an act to create a new charter for the City of Abbe,ille in the County of Wilcox, to provide for the raising of revenue for supporting and maintaining the city government; and for other purposes.
HB 179. By Mr. Witherington of Wilcox:
A bill to be entitled an act to amend an act entitled an act to reincorporate the Town of Abbeville; and for other purposes.

TUESDAY, FEBRUARY 25, 1947

447

HB 181. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend an act entitled an act to amend an act of the charter of the Town of Athens, and the various acts amendatory thereof; and for other purposes.

HB 187. By Mr. Welsch of Cobb:
A bill to be entitled an act to amend the city charter of Acworth, Cobb County, Georgia; and for other purposes.

HB 194. By Messrs. Overby and Kenyon of Hall:
A bill to be entitled an act to amend the charter of the City of Gainesville and the acts amendatory thereof; and for other purposes.

HB 207. By Mr. Lovett of Laurens:
A bill to be entitled an act to incorporate the Town of East Dublin, in the County of Laurens, State of Georgia; to define the corporate limits thereof; to provide for a mayor and council, to prescribe their powers, duties and manner of their election; to provide for the support of said town by taxation and otherwise, etc.; and for other purposes.

HB 226. By :\Iessrs. Welsch and Willingham of Cobb:
A bill to be entitled an act to amend the charter for the City of Marietta with reference to the business licenses, etc.; and for other purposes.

HB 235. By :'1-fessrs. Kenyon and Overby of Hall:
:\ bill to be entitled an act to amend an act entitled "Gainesville Retirement Fund", approved February 24, 1941, which was an act to amend the charter of the City of Gainesville and acts amendatory thereof; and for other purposes.

HB 247. By Mr. Hefner of Pickens:
A bill to be entitled an act to amend, consolidate and supersede the several acts incorporating the Town of Jasper, in the County of Pickens, State of Georgia; and for other purposes.

HR 27103A. By Mr. Garrard of Wilkes:
A resolution creating a commission to act on the part of the State in conjunction with the Eugene Talmadge memorial association to select and erect on the capitol grounds a monument to the late Eugene Talmadge; and for other purposes.

JOURNAL OF THE HOUSE,
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, to wit:
HB 16. By Mr. Cheek of Franklin: A bill to be entitled an act to create the office of commissioner of roads and revenues, an advisory board consisting of three members and a clerk to said commissioner of roads and revenues and said advisory board, in Franklin county, Georgia ; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate, to wit:
SR 10. By Senators Callaway of the 35th, Griffith of the 28th and Yates of the 44th: A resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection an amendment to article I, section I, of the Constitution of Georgia, to protect the rights of all persons in this State to work in any lawful employment, said right not to be denied or abridged on account of membership or non-membership in any labor union,.or labor organization; and for other purposes.
SB 71. By Senator Millican of the 52nd: A bill to be entitled an act to amend section 23-1705 of Code of Georgia, 1933, relating to bonds for public contractors; and for other purposes.
SB68. By Senators Tarbutton of the 20th and Boone of the 21st: A bill to he entitled an act to provide for the creation of a refunding bond com miasion ; and for other purposes.
SB 72. By Senator Millican of the 52nd: A bill to be entitled an act to provide for the investment of the proceeds of the sale of bonds by counties, municipalities, school districts and other governmental agencies when such proceeds cannot be immediately used; and for other purposes.
SB 73. By Senator Millican of the 52nd: A bill to be entitled an act to provide means whereby restoration to sanity and capacity may be established by judgment of the court by ordinary; and for other purposes.
SB 76. By Senator Smiley of the 2nd: A bill to be entitled an act to incorporate the City of Lambert; to create a charter therefor; and for other purposes.

TUESDAY, FEBRUARY 25, 1947

449

SB 78. By Senator Millican of the 52nd:
A bill to be entitled an act to provide that in all counties having a population of 200,000 or more according to 1940 or future U. S. census, there is established the position of. police chief; to provide his election, duties, salary; and for other purposes.

SB 79. By Senator Millican of the 52nd:
A bill to be entitled an act to authorize in all counties of 200,000 or more according to 1940 or any future U. S. census to transfer garbage /disposal functions to the county board of health; and for other purposes.

SB 80. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act of 1937 pertaining to garbage disposal act in counties of 200,000 or more according to 1930 or any future U. S. census; and for other purposes.

SB 81. 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.

SB 82. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act approved July 24, 1920, relative to salary of county treasurer of Fulton county so as to increase said salary from $5,000.00 to $6,000.00 per year; and for other purposes.

SB 83. By Senator :\lillican of the S2nd:
A bill to be entitled an act to provide a law department for Fulton county, to provide the duties of that department, to provide the appointment and personnel of said department; and for other purposes.

SB 69. By Senators Tarbutton of the 20th, Grayson of the 1st, and Tippins of the 48th:
A bill to be entitled an act to amend part of title 14 of the Code of Georgia of 1933, relating to bills and notes and to public and legal holidays, etc., by adding thereto a new section; and for other purposes.

SB 65. By Senator Grayson of the 1st:
A bill to be entitled an act to revise, alter and amend the several acts incorporating the mayor and councilmen of the Town of Tybee, Savannah Beach, Georgia; and for other purposes.

450

JOURNAL OF THE HOUSE,

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

HR 70-338A. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A resolution providing for retirement or pension funds for officers and employees of Bibb county; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HB339. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to repeal an act to establish a county board of commissioners for the County of Bibb; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 340. By Mr. Dobbs of Gwinnett:
A bill to be entitled an act to amend an act to establish the city court of Buford; and for other purposes.
Referred to Committee on Special Judiciary.

HB 341. By Mr. Mathis of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta; and for other purposes.
Referred to Committee on Municipal Government.

HB 342. By Mr. Wells of Lincoln:
A bill to be entitled an act to penalize the possession of malt beverages and wine in all counties of the State having a population of not more than 7,044 and not less than 7,040; and for other purposes.
Referred to Committee on Temperance.

HB 343. By Messrs. Holbrook of Forsyth and Rucker of Banks:
A bill to be entitled an act to amend an act relating to senatorial districts by rearranging the counties in the Thirty-third senatorial district; and for other purposes.
Referred to Committee on Legislative and Congressional Reapportionment.

TUESDAY, FEBRUARY 25, 1947

451

HB 344. By Mr. Meeks of Union:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver in Union county; and for other purposes.

Referred to Committee on Counties and County Matte:rs.

HB 345. By Mr. Lewis of Hancock: A bill to be entitled an act to levy and collect a poll tax for the benefit of old age assistance; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 346. By Messrs. Whaley of Telfair, Hall of Treutlen, Walker of Ben Hill, Adams of

Wheeler, Morrison of Montgomery, Green of Rabun, Garrison of Habersham, and

~any others:

A bill to be entitled an act to appropriate to the Department of State the sum of $25,000.00 for restoring, laminating, and rebinding, and where necessary, the photostating of the disintegrating records and documents in the Department of the Secretary of State and in the Department of Archives and History; and for other purposes.

Referred to Committee on Special Appropriations.

HB 347. By Mr. Smith of Emanuel:
A bill to be entitled an act to amend an act entitled "Motor Fuel Tax Law"; and for other purposes.
Referred to Committee on Ways and Means.

HB348. By Mr. Ray of Warren:
A bill to be entitled an act to amend an act providing for payment of $90.00 per quarter to the clerk of the superior court of certain counties for the purpose of hiring a deputy clerk; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 349. By Messrs. Harrison of Wayne, Groover of Troup, Littlejohn of Floyd, Hardin of Turner and Twitty of Mitchell:
A bill to be entitled an act to regulate the practice of embalming and funeral directing in this State; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

452

JOURNAL OF THE HOUSE,

HB 350. By Mr. Hicks of Floyd:
A bill to be entitled an act to provide that the return or assessment for taxation of wild lands, and the payment of taxes thereon, in the name of any person, whether heretofore or hereafter made, shall be deemed and held to be possession of said lands by the person returning said property and paying the taxes thereon, or to whom the same may be assessed and who pays the taxes thereon; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 351. By Mr. Welsch of Cobb:
A bill to be entitled an act to prohibit hitchhiking or soliciting rides or trans portation, free of charge, on and along the highways and roads of this State; and for other purposes.
Referred to Committee on Special Judiciary.

HB 352. By Messrs. Harrison of Wayne, Clarke of Liberty, Glisson of Evans, Bradley of Tattnall and Moye of Lamar:
A bill to be entitled an act to amend an act providing for free licenses to be issued to all persons 65 years old or older; and for other purposes.
Referred to Committee on Ways and Means.

HB 353. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act pertaining to pensions for members of police and fire departments in counties of 200,000 or over; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 354. By Mr. Hicks of Floyd:
A bill to be entitled an act to authorize all fiduciaries, including executors, admin istrators, guardians, trustees, insurance companies and banks in the State to invest their money and trust funds in revenue anticipation obligations issued under the provisions of the Constitution of the State of Georgia, article VII, section VII, paragraph V; and for other purposes.
Referred to Committee on Banks and Banking.

HB355. By Mr. Murphy of Haralson: A bill to be entitled an act to amend an act relating to public schools in the City of Tallapoosa; and for other purposes.
Referred to Committee on Municipal Government.

TUESDAY, FEBRUARY 25, 1947 HB 356. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act to incorporate the Town of Bremen; and for other purposes. Referred to Committee on Municipal Government.
HB 357. .By Mr. Mucphy of Haralson: A bill to be entitled an act to amend an act to incorporate the Town of Bremen; and for other purposes.
Referred to Committee on Municipal Government.
HB 358. By Messrs. Kidd of Baldwin and Bargeron of Burke: A bill to be entitled an act to levy a tax on the premium receipts of all persons, firms, corporations, associations, societies and fraternal organizations doing an insurance business in this State in the amount of two per cent of the gross premium receipts collected; and for other purposes.
Referred to Committee on Ways and Means.
HR 71-358A. By Mr_. Key of J11sper: A resolution to suspend the issuing of specified business and occupation licenses and the collection of the tax thereon; and fo~ other purposes.
Referred to Committee on Ways and Means.
HR 72-358B. By Messrs. Garrison of Habersham and Smith of Oglethorpe: A resolution authorizing payment of $40.00 to reimburse L. S. Phipps of Comella, Georgia, for damages sustained to his automobile by a vehicle belonging to the State highway department; and for other purposes.
Referred to Committee on Special Appropriations.
HB359. By Messrs. Kidd and Jennings of Baldwin: A bill to be entitled an act to create the city court of Baldwin county; and for other purposes.
Referred to Committee on Counties and County Matters.

454

JOURNAL OF THE HOUSE,

HB 360. By Messrs. Joel and Wells of Clarke: A bill to be entitled an act to amend the charters of the superior courts of this State; and for other purposes.
Referred to Committee on Special Judiciary.

HB 361. By Messrs. Jennings and Kidd of Baldwin:
A bill to he entitled an act to repeal an act to create a county 'court in each county in the State, except in certain counties therein mentioned, so far as the same applies to the County of Baldwin; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Sahados of Dougherty County, chairman of the Committee on Amendments to Con stitution No. 2, submitted the following report:

Mr. Speaker:
Your Committee on Amendments to Constitution No. 2 has had under consideration the following resolutions of the House and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HR 34130A. Do Pass. HR 35130B. Do Pass, as amended. HR 67336A. Do Pass.

Respectfully submitted,
Sahados of Dougherty, Chairman

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following hills of the House and Senate and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HB 311. Do Pass. HB 285. Do Pass. HB 286. Do Pass. HB 221. Do Pass. SB 34. Do Pass. SB 35. Do Pass. SB 47. Do Pass.

Respectfully submitted,
Ramey of Chattooga, Chairman

TUESDAY, FEBRUARY 25, 1947

455

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 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 36. Do Pass, by substitute.

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 has had under consideration the follow ing bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 259. Do Pass.

HB 260. Do Pass.

HB 281. Do Pass, as amended.

Respectfully submitted,

Hicks of Floyd, 'Chairman

Mr. Harrison of Wayne County, chairman of the Committee on Special Appropriations, submitted the following report :

Mr. Speaker:
Your Committee on Special Appropriations has had under consideration the following resolutions of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 22-73b. Do Pass.

HR 21-73a. Do Pass.

HR 39-181a. Do Pass.

HR 40-181b. Do Pass.

Respectfully submitted,
Harrison of Wayne, Chairman

456

JOURNAL OF THE HOUSE,

Mr. Bargeron of Burke County, chairman of the Committee on Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Veterans Affairs has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Houee with the following recommendations:

HB 27. Do Pass, as amended.

HB 223. Do Pass.

HB 101. Do Pass.

Respectfully submitted,
Bargeron of Burke, Chairman

Mr. Lovett of Laurens County, chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 8. Do Pass, by substitute.

Respectfully submitted,
Lovett of Laurens, Chairman

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

HB 8.

By Mr. Causey of Bacon:
A bill to be entitled an act to authorize the levy and collection of a general sales tax and a compensating use tax to provide funds to meet appropriations authorized by the General Assembly; and for other purposes.

HB 27. By Messrs. Bagby of Paulding, Johnston of Lowndes, Byrd of Taylor, Garland of Butts, and others:
A bill to provide payment of compensation to certain persons who served in the military or naval forces of the United States; and for other purposes.

SB 34. By Senator Millican of the 52nd:
A bill to be entitled an act to amend on act approved March 16, 1939, entitled an act to provide that counties having a population of more than 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 departments but not to super numeraries, now in active service; and to future members and their dependents in specified cases; and for other purposes.

TUESDAY, FEBRUARY 25, 1947

457

SB35. 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 of Fulton county to establish a pension fund; and for other purposes.

HB36. By Messrs. Meeks of Union, Green of Rabun and Howard of Dawson:
A bill to be entitled an act to amend the code so as to sub-divide the Northeastern circuit into two judicial circuits; and for other purposes.

SB 47. By Senator Millican of the 52nd:
A bill to be entitled an act to amend title 36 Code 1933 by adding a prons1on for condemnation of property which shall be applicable to all municipalities and counties of more than 250,000 according to last or future federal census; and for other purposes.

HR 21-73A. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution to pay compensation to William M. Kinlhrell for broken ankle by collapse of baseball grandstand at Tattnall prison September 1, 1940.

HR22-73B. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution to pay compensation to W. H. McCoy, for broken back by collapse of baseball grandstand at Tattnall prison, September 1, 1940.

HB 101. By Messrs. Beddingfield of Dooly and Greene of Crisp:
A bill to be entitled an act to amend section 9-201 of the Code of Georgia 1933 relating to the qualification of persons who have been licensed to practice law in foreign States or the District of Columbia.

HB221. By Mr. Ethetidge of Baker:
A bill to be entitled an act to increase the bond of the sheriff of Baker county from $3,000.00 to $6,000.00; to make the effective date of this act January 1, 1949; and for other purposes.

HB223. By Mr. Twitty of Mitchell:
A bill to be entitled an act to amend section 84-2011 of the Georgia Code of 1933 as amended, relating to the right of disabled or indigent veterans and blind persons to peddle or conduct business without a license; and for other purposes.

458

JOURNAL 'OF THE HOUSE,

HR 34-130A. By :\Iessrs. McWhorter, Howard and Hubert of DeKalb:
A resolution to propose to the qualified voters of Georgia an amendment to article VIII, section V, paragraph I of the Constitution of Georgia of 1945, to provide that the General Assembly shall have authority to create and establish in DeKalb county, Georgia, districts from which the members of the county board of education of DeKalb county shall be elected by the voters of such districts; and for other purposes.

HR 35-130B. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A resolution to propose to the qualified voters of Georgia ai) amendment to article VII, section IV, paragraph II of the Constitution of Georgia of 1945 to provide that the General Assembly may grant to the governing authority of DeKalb county the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof; and for other purposes.

HR 39-181A. By Mr. Smith of Clayton:
A resolution directing the treasurer of the State of Georgia to pay the sum of $1,082.00 to Carl F. Pruett of Ellenwood, Georgia, for accident as result of damage by State highway patrol.

HR 40-181B. By Mr. Smith of Clayton:
A resolution directing the treasurer of the State of Georgia to pay the sum of $120.00 to J. D. Bloodworth as a result of damages sustained.

HB 259. By Mr. Chalker of Pulaski:
A bill to be entitled an act to repeal in its entirety an act approved March 5, 1937, Georgia Laws 1937, pp. 1406-1407, being an act to amend an act to abolish the office of treasurer of Pulaski county; to repeal in its entirety an act approved Feb. 10, 1939, Ga. Laws 1939, pp. 706-707; etc.; and for other purposes.

HB 260. By Mr. Chalker of Pulaski:
A bill to be entitled an act to provide for the fees of coroner; to provide for pay for jurors in coroners inquest; in the counties in this State having a population of not less than 9,827 and not more than 9,832 according to the United States census of 1940 and any future census; and for other purposes.

HB 281. By Mr. Welsch of Cobb:
A bill to be entitled an act to repeal sections 36 and 37 of act of 1945 (Georgia Laws of 1945, pages 236-248) pertaining to "registration of divorces and annulments of marriage" and "Divorce or annulment registration fee"; and for other purposes.

TUESDAY, FEBRUARY 25, 1947

459

HB 285. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to be entitled an act to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all municipalities and cities in the State of Georgia having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States census of 1940, etc.; and for other purposes.

HB 286. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to be entitled an act to provide for the Hse of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all counties in the State of Georgia having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants; and for other purposes.

HB 311. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend section 92-3715 of the Code of Georgia so as to provide the department of welfare in certain counties may invest funds in real estate for the building of charitable and welfare purposes; and for other purposes.

HR 67-336A. By Messrs. Kendrick, Smith and Etheridge of Fulton; Hubert, Howard and MeWhorter 'hf DeKalb:
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.

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage:

HB 34. By Mr. Jones of Brantley:

A bill to be entitled an act to provide for holding four terms a year of the superior

court of Brantley 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, nays 0.

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

SB 62. By Senator Mason of the 30th:
A bill to be entitled an act to amend an act creating the office of comnnss1oner of roads and bridges and a board of finance of Hart county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

460

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 104, nays 0.

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

HB 270. By Mr. Yawn of Dodge:
A bill to be entitled an act to amend an act to consolidate the offices of tax receiver and tax collector of Dodge county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 275. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend an act creating the board of county com missioners of roads and revenues of 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 biii, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 284. By Mr. Smith of Chatham:
A bill to be entitled an act to fix the terms of the superior coun of Chatham county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 312. By Mr. Mitch~ll of Monroe:
A bill to be entitled an act to amend an act entitled "Monroe Commissioner's Compensation"; and for other purposes.
The repon of the committee, which was favorable to the passage of the hill. was agreed to.

TUESDAY, FEBRUARY 25, 1947

461

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

By unanimous consent, the following bill of the House was read the third time and placed upon its passage:
HB 222. By ~essrs. Caldwell and Groover of Troup:
A bill to be entitled an act to increase the fees of coroner's jurors in counties having a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Mr. Smith of Bryan arose to a question of personal privilege and addressed the House.

By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:
SR 10. By Senators Callaway of the 35th, Griffith of the 28th and Yates of the 44th:
A resolution proposing to the qualified voters of the State an amendment to protect the rights of all persons in this State to work in any lawful employment, said right not to be denied or abridged on account of membership or nonmembership in any labor union, or labor organization; and for other purposes.
Referred to Committee on Amendments to Constitution No. I.

SB 65. By Senator Grayson of the 1st:
A bill to be entitled an act to revise, alter and amend the several acts incorpo rating the mayor and councilmen of the Town of Tybee, Savannah Beach, Georgia; and for other purposes.
Referred to Committee on Municipal Government.

SB 68. By Senators Tarbutton of the 20th and Boone of the 21st:
A bill to be entitled an act to provide for the creation of a refunding bond com mission; and for other purposes.
Referred to Committee on Banks and Banking.

462

JOURNAL OF THE HOUSE,

SB 69. By Senators Tarbutton of the 20th, Grayson of the lst and Tippins of the 48th:
A bill to be entitled an act to amend an act relating to bills and notes and to public legal holidays, etc.; and for other purposes.
Referred to Committee on Banks and Banking.

SB 71. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act relating to bonds for public con tractors; and for other purposes.
Referred to Committee on Municipal Government.

SB 72. By Senator Millican of the 52nd:
A bill to be entitled an act to provide for the investment of the proceeds of the sale of bonds by counties, municipalities, school districts and other governmental agencies when such proceeds cannot be immediately used; and for other purposes.
Referred to Committee on Banks and Banking.
SB 73. ~ Senator Millican of the 52nd:
A bill to be entitled an act to provide means whereby restoration to sanity and capacity may be established by judgment of the court of ordinary; and for other purposes.
Referred to Committee on General Judiciary No. I.

SB 76. By Senator Smiley of the 2nd:
A bill to be entitled an act to incorporate the City of Lambert; and for other purposes.
Referred to Committee on Municipal Government.

SB 78. By Senator Millican of the 52nd:
A bill to be entitled an act to provide that in all counties having a population of 200,000 or more, tilere is established the position of police chief; and for other purposes.
Referred to Committee on Municipal Government.

SB 79. By Senator Millican of the 52nd:
A bill to be entitled an act to authorize in all counties of 200,000 or more, the transfer of garbage disposal functions to the county board of health; and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, FEBRUARY 25, 1947

463

SB 80. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act pertaining to garbage disposal; and for other purposes.

Referred to Committee on Counties and County Matters.

SB 81. 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.
Referred to Committee on Municipal Government.
SB 83. By Senator ~lillican of the 52nd: A bill to be entitled an act to provide a law department for Fulton county; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 82. By Senator ~Iillican of the 52nd: A bill to be entitled an act to amend an act relative to salary of county treasurer of Fllton county; and for other purposes.
Referred to Committee on Counties and County Matters.

The following letter was read to the members of the House:

Treasury Department Internal Revenue Service
Office of the Collector District of Georgia Atlanta 3, Ga.
Honorable Fred Hand Speaker, House of Representatives of Georgia A.tlanta, Georgia

February 24, 1947

Dear Fred:
Please permit me to acknowledge receipt of joint resolution of the Georgia House of Representatives and the Georgia State Senate requesting a sixty-day extension from March 15, 1947, within which to file 1946 federal income tax returns for all members of the Senate and House of Representatives, as well as all officers of the General Assembly of Georgia.

464

JOURNAL OF THE HOUSE,

The writer, as U. S. collector of internal revenue for the district of Georgia, who formerly served as member of the General Assembly for a long number of years, is fully cognizant of the arduous duties of the members thereof and that they are compelled to be in the city of Atlanta for and during practically the entire session. It is, therefore, my privilege and honor to grant to each member of the State Senate and each member of the House of Representatives, as well as officials of the General Assembly, a sixty-day blanket extension from March 15 within which to file their respective and individual 1946 federal income tax returns.
I will be extremely grateful if you will have this letter of extension read to the mem hers of the House of Representatives and ask that they please, when filing their 1946 federal income tax returns, call attention in and by letter of transmittal to the fact that they are members of the General Assembly of the State of Georgia and that a sixty-day blanket extension has been granted, thereby preventing unintentional errors on the part of our clerical personnel.
With kindest personal regards to you and to each member of the House of Representatives, I am
Sincerely yours,
Marion H. Allen, Collector

By unanimous consent, the following bill of the House was recommitted to the Committee on General Judiciary No. 1:
HB 36. By Messrs. Meeks of Union, Green of Rabun and Howard of Dawson:
A bill to be entitled an act to amend the Code of Georgia by sqbdividing the Northeastern circuit into two judicial circuits; and for other purposes.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 16. By Mr. Cheek of Franklin:
A bill to be entitled an act to create the office of commissioner of roads and revenues, an advisory board consisting of three members, in Franklin county; and for other purposes.

The following Senate amendment to HB 16 was read:
By the Senate:
That HB 16 be amended as follows:
That section 1 of HB 16 be amended by striking the word "March" in the 4th line of said act and substituting in lieu thereof the word "September" so as to provide for the election of a commissioner of roads and revenues by the grand jury at the September term of the superior court of Franklin county; that said section be further amended by substituting the word "October" for the word "April" in the 8th line of said section so as to provide that the commissioner shall enter upon his duties on the 1st day of October, 1947..

TUESDAY, FEBRUARY 25, 1947

465

That section 6 of said act be amended by substituting the word "September" for the word ..March" in the 5th line of said section so as to provide for the election of an advisory board by the grand jury at the September term 1947 of the superior court of Franklin county, and that the word "October" be substituted for the word "April" in the 7th line of said section so as to provide that the advisory board shall take office on October 1, 1947.

That HB 16 be further amended by adding a new section to be numbered 15 of said . act and to read as follows:
"Section 15. Be it further enacted that this act shall not become effective
until the same shall have been approved by a majority of the qualified voters of the County of Franklin voting in a special election to be held not less than 90 days nor more than 100 days from the approval of this act. Thirty days notice of said election shall be given by publication once a week for three consecutive weeks in the official organ of Franklin county, Georgia. Said notice shall briefly state the purpose of the election, time, place and hours of holding same. The ballots in said election shall read: 'For a commissioner of roads and revenues, advisory board and clerk,' and 'Against a commissioner of roads and revenues, advisory board and clerk.' The ballots cast shall be counted and consolidated as provided by law for public officers, and the ordinary shall declare the results of said election which shall be made a 'matter of record, so as to show the number of votes cast for and against the creating of a commissioner of roads and revenues, advisory board and clerk, under this act. In the event a majority of the votes cast are against the creating of the office of commissioner of roads and revenues, advisory board and clerk, then this act shall be void and of no effect, however,' should the result of said election be for a commissioner of roads and revenues, advisory board and clerk for the County of Franklin, then this act shall be effec tive in said county on and after October 1, 1947.''

That HB 16 be further amended as follows:
That the caption of said act be amended so as to provide for a referendum by the people of Franklin county.
That what is now section 15 of said act, which is the general repealing clause, be section 16 thereof.
Mr. Cheek of Franklin moved that the House disagree to the Senate amendment to HB 16 the motion prevailed, and the Senate amendment was disagreed to.
By unanimous consent, the House instructed the clerk to correct a typographical error in HB 166.

Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
HB 72. By Messrs. Lovett and Malone of Laurens, Jennings of Sumter, Chance of Twiggs, Yawn of Dodge, Williams of Jones, Battle of Schley, and others:
A bill to be entitled an act to prohibit the use of force, intimidation, violence, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working, or to peaceably conduct his business; and for other purposes.

JOURNAL OF THE HOUSE,
Mr. Cochran of Thomas moved that the House stay in continuous session until HB 72 and HB 73 were disposed of, and the motion prevailed.
Mr. Ray of Warren moved the previous question, and the call was sustained. An amendment offered by Mr. Brooke of Whitfield was read and lost. An amendment offered by Messrs. Brooke and Britton of Whitfield was read and lost.

The following amendment was read and adopted:

Mr. Lovett of Laurens moves to amend HB 72 by inserting the following as a caption to said bill:
A bill to be entitled an act to prohibit any individual being required as a condition of employment, or of continuance of employment, to be or remain, or to refrain from being or remaining, a member or affiliate of a labor organization, or to pay fees, assessments, or other sums of money, to a labor organization; to prohibit contracts between employers and labor organizations which require as a condition of employment of any individual, or of continuance of such employment, that such individual be or remain a member of a labor organization, or that such individual pay any fee, assessment, or other sum of money, to a labor organization; to prohibit the involuntary deduction of fees, assessments, and other sums of money, from wages of employees; to prohibit contracts between employers and labor organizations requiring such involuntary deductions from wages of employees; to provide pen alties for violations of this act; to afford to individuals whose employment is affected by violations of this act the remedy of injunction in certain cases, in addition to any other available remedy; to provide relief to individuals whose employment is affected by provisions contained in existing contracts between employers and labor organizations by declaring the public policy of this State with reference to such provisions, and by declaring such provisions to be void; to define certain terms; 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:
An amendment offered by Mr. Addleton of Spalding was read and lost.
A substitute offered by Mr. Brooke of Whitfield to HB 72 was read and lost.

On the passage of the bill, as amended, Mr. Brooke of Whitfield moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Towns Adams of Wheeler Anglin Ansley Arnall Avera

Bargeron Barrett Battle Beddingfield Bennett Black

Bloodworth Bradley Briscoe Bruton Byrd Caldwell

TUESDAY, FEBRUARY 25, 1947

467

Callier Campbell Caswell Cates Causey Chalker Chance Cheek Cheshire Clark Cochran Conger Coogle Covington Cowart Cox Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Eve Evitt Freeman Garrard Garrett Garrison Gary Gibbons Glisson Green of Rabun Greene of Crisp Greer Groover Hall Hampton Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Henderson Higgs Hobby

Holbrook Holleman Huddleston Ingle Jenkins Jennings of Baldwin Jennings of Sumter Joel Johnson of Bulloch Johnston of Lowndes Jordan Kemper Kenimer Kenyon Key Kidd King Knabb Knight Leverette Lewis of Hancock Littlejohn Lockett Lokey Long Lovett McCracken McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Mason Mathews Mathis Meeks Mitchell Miller Moore of Lumpkin Morgan Morris Morrison
Moye of Lamar
Moye of Washington Murphy Nee!

Nicholson Nightingale Oden Overby Padgett Pearlman Pennington Rainey Ramsay Ray Reid Riddlespurger Rich Rowland Rucker Sabados Salter Seagraves Shields Sills Smith of Bryan Smith of Carroll Smith of Chatham Smith of Emanuel Smith of Fulton Smith of Oglethorpe Stevens Swindle Towill Trulock Twitty Tuten Tuttle Vickers Walker Watford Wells of Lincoln Welsch Williams of Jones Williams of Mcintosh Williams of Toombs Willingham Willoughby Witherington Yawn

468

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams of Polk Addleton Bagby Britton Brooke Etheridge of Fulton Evans Goldberg Gowen Hardin of Glascock

Hefner Hicks Hill Hinson Howard of DeKalb Hubert Hurt Kendrick Lewis of Greene Massey

Pulliam Ramey Skinner Thompson Vandiver Whaley Williams of Ware Wilson

Not voting were Messrs. Bostwick, Claxton, Crow of Walker, Crowe of Worth, Dykes, Flynt, Fowler, Garland, Gibson, Hagan, Howard of Dawson, Jones, Manous, Mavity, Moore of Taliaferro, Phillips, Risner, Smith of Clayton and Wells of Clarke.

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

On the passage of the bill, as amended, the ayes were 157, nays 28.

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

HB 73. By Messrs. Lovett and Malone of Laurens, Williams of Jones, Jennings of Sumter, Chance of Twiggs, Yawn of Dodge, Mann of Rockdale, Battle of Schley, and others:
A bill to be entitled an act to prohibit any individual being required as a condition of employment, or of continuance of employment, to be or remain, or to refrain, from being or remaining, a member or affiliate of a labor organization; and for other purposes.
Mr. Smith of Emanuel moved the previous question, and the call was sustained.

The following amendment was read and adopted.

Mr. Lovett of Laurens moves to amend HB 73 by inserting the following as a caption

to said bill:

.

A bill to be entitled an act to prohibit the use of force, intimidation, violence, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working, or to peaceably conduct his business, or to require the membership or nonmembership of any person in a labor organization; to make unlawful certain acts of picketing, and certain assemblies in connection with labor disputes; to provide penalties for violations; to repeal all laws or parts of laws in conflict herewith; and for other purposes.

TUESDAY, FEBRUARY 25, 1947

469

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:

An amendment offered by Mr. Addleton of Spalding was read and lost.

On the passage of the hill, as amended, the ayes were 146, nays 16.

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

Messrs. Brooke and Britton of Whitfield, Addleton of Spalding, Bagby of Paulding and Hicks of Floyd requested the journal to show that they voted against HB 73.

By unanimous consent, HB 72 and HB 73 were ordered immediately transmitted to the Senate.

Mr. Addleton of Spalding moved that the House do . now adjourn. and the motion prevailed.

The speaker announced the House adjourned until tomorrow morning at 10 o'clock A. M.

470

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia.

Wednesday, February 26, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. D. T. Buice of the Stone Mountain Baptist Church.
By unanimous consent, the call of the roll was dispensed with..
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous con~ent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passllge of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

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 30. By Mr. Lovett of Laurens:
A bill to be entitled an act to place the sheriff of Laurens county, and his depu ties, and the clerk of the superior court of Laurens county, on a salary basis; to authorize the levying of a tax to pay the salary of such officers; and for other purposes.

HB 91. By Mr. Lovett of Laurens:
A bill to be entitled an act to ameJi'd an act to create a new charter for the City of Dublin, in Laurens county; and for other purposes.

WEDNESDAY, FEBRUARY 26, 1947

471

HB 142. By Messrs. Elliott, Shields and Holleman of Muscogee: .

A bill to be entitled an act to vest the title, in fee simple, to parts of blocks num

hers 53 and 54 and to the land lying between said parts of said blocks in the

City of Columbus, Muscogee county; and for other purposes.

HB 195. By Messrs. Overby and Kenyon of Hall:
A bill to be entitled an act to amend "an act to establish a city court in the County of Hall, and to provide for the appointment of a judge and solicitor thereof'; and for other purposes.

HB 209. By Messrs. Dobbs and Jordan of Gwinnett:
A bill to be entitled an act to fix the salary of the treasurer of Gwinnett county in lieu of commissions, as paid, to pay premiums on his bonds from funds of the county treasury; and for other purposes.

The Senate has passed by the requlSlte constitutional majority the following bill and resolution of the Senate and House, to wit:
SB 13. By Senator Millican of the 52nd:
To be entitled an act to amend section 59106 of the Code of Georgia of 1933, to entitle women to serve as jurors; to amend section 59112 so as to exempt women from jury duty; and for other purposes.
HR 69. By Messrs. Kidd and Jennings of Baldwin:
A resolution to invite the A Cappella Choir, directed by Hon. Max Noah of Mil ledgeville, Georgia, to appear in concert before a joint session of the House and Senate on Monday morning, March 3, 1947.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House, to wit:
HB 28. By Mr. McCracken of Jefferson:
A bill to be entitled an act to authorize and empower county boards of education to condemn private property for public school purposes; and for other purposes.
HB 76. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill to be entitled an act to provide for the appointment of a conservator for the estates of persons who are missing under circumstances leading to the con elusion that they are dead; and for other purposes.

472

JOURNAL OF THE HOUSE,

HB 133. By Mr. Witherington of Wilcox:
I
A bill to be entitled an act to abolish the offices of tax collector and tax receiver in the County of Wilcox; to consolidate the offices of tax receiver and tax collector of Wilcox county; to 'prescribe the rights, liabilities, and duties of said officer; to provide that laws now in force applicable to collectors shall be of full force and effect as to the county tax commissioner. etc.; etc.; etc.; and for other
purposes.

The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:
HB 19. By' Mr. Hicks of Floyd:
A bill to be entitled an act to provide that a brief of evidence in all motions for new trial shall be dispensed with and shall not be required in certain cases; to provide that assignments of error in bills of exceptions shall not be required upon the final judgment in certain cases; and for other purposes.

HB48. By Mr. Ray of Warren:
A bill to be entitled an act to authorize the commissioner of roads and revenues and/or other proper officers of all counti~ in the State of Georgia, having a population of not more than 10,240 nor less than 10,230 according to the federal census of 1940 and all future federal census, to pay to the tax receivers of said counties the sum of three hundred fifty dollars per year, payable annually on or before December 20th of each year, in addition to the fees and compensations now paid to said officers; to provide the effective date; and for other purposes.

HB 53. By Messrs. Davis of Bartow and Garland of Butts:
A bill to be entitled an act to amend section 68-803 of the Code of Georgia of 1933, to provide for jurisdiction of the courts of this State over non-resident motorists; and for other purposes-

HB 57. By Mr. Etheridge of Fulton:
A bill to be entitled an act to provide that it shall be lawful for any person, firm, partnership or corporation of this State to pay to the wife of any employee, whatever wages may be due such employee, and to exempt such wages from garnishment; and for other purposes.

HB 86. By Messrs. Wells of Clarke and Cheek of Franklin:
A bill to be entitled an act to amend the public safety act so as to increase the issuance of two year licenses to four year licenses; and for other purposes.

HB 92. By Mr. Garrett of Brooks:
A bill to be entitled an act to authorize and direct the commiSSioners of Brooks county to pay compensation to any law enforcing officer who is permanently disabled in line of duty the sum of $100.00 per month; and for other purposes.

WEDNESDAY, FEBRUARY 26, 1947

473

HB 128. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to create a bond commission for DeKalb county school
district; and for other purposes.

HB 240. By Mr. Witherington of Wilcox:
A bill to be entitled an act to provide for the fees of coroner; to provideior pay for jurors in coroners inquest; and for other purposes.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 362. By Messrs. Mathis and Johnston of Lowndes: A bill to be entitled an act to amend an act establishing a public school system for the City of Valdosta; and for other purposes.
Referred to Committee on Municipal Government.

HB 363. By Messrs. Edenfield and Smith of Emanuel: A bill to be entitled an act to incorporate the Town of Norristown; and for other purposes.
Referred to Committee on Municipal Government.

HB 364. By Mr. Pulliam of Elbert: A bill to be entitled an act to abolish the city court of Elberton; and for other purposes.
Referred to Committee on Municipal Government.

HB 365. By Messrs. Vandiver of Bibb, Causey of Bacon and Smith of Carroll:
A bill to be entitled an act to amend an act relating to proceedings against intruders; to require the defendant in proceedings against intruders to give bond; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 366. By Messrs. Cox and Rich of Decatur: A bill to be entitled an act to amend an act regulating the open season for hunting and killing doves in certain counties; and for other purposes.
Referred to Committee on Drainage.

474

JOURNAL OF THE HOUSE,

HB 367. By Messrs. Cox and Rich of Decatur:

A bill to be entitled an act to provide that an order for a will to be valid by a married person that the same, if made by the husband shall also be signed by the wife, etc.; and for other purposes.

Referred to Committee on Drainage.

HB 368. By Mr. Witherington of Wilcox:
A bill to be entitled an act to amend the charter of the City of Abbeville; and for other purposes.
Referred to Committee on Municipal Government.

HB 369. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to provide for the furnishing of an identification cer tificate by tax collectors to persons who register to vote in any counties in the State having a population of not less than 100,000 and not more than 300,000; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 370. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to amend an act relating to the salaries of county officers and the method of determining and fixing the same by providing that in counties having a population of not less than 115,000 and not more than 170,000, the total compensation of the tax collector shall not exceed the sum of $6,500.00 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 371. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to amend an act relating to the police court of the City of Savannah; and for other purposes.
Referred to Committee on Municipal Government.

HB 372. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah by authorizing the mayor and aldermen to enter into contracts for group insurance covering its employees; and for other purposes.
Referred to Committee on ~lunicipal Government.

WEDNESDAY, FEBRUARY 26, 1947

475

HB 373. By Messrs. Evans, Skinner and Smith of Chatham:

A bill to be entitled an act to amend the charter of the City of Savannah, provid ing for the payment of pensions to city employees and relating to the mayor and aldermen; and for other purposes.

Referred to Committee on Municipal Government.

HB 374. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah, incorporating the mayor and aldermen of the City of Savannah in order to create a Pl:fSOnnel board; and for other purposes.
Referred to Committee on Municipal Government.

HB 375. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to be entitled an act to create a civil service board in Chatham county, to provide a uniform procedure for handling the personnel affairs of such county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 376. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah, so as to provide for the extension of the corporate limits of said city; to authorize the mayor and aldermen of said city to impose and collect business and occupational license fees and taxes; and for other purposes.
Referred to Committee on Municipal Government.

HR 74-376A. By Messrs. Nightingale of Glynn, Key of Jasper and Lovett of Laurens:
A resolution to authorize and provide for a committee on the revision of the tax laws of the State of Georgia; and for other purposes.
Referred to Committee on Ways and Means.

HR 75-376B. By Mr. Johnston of Lowndes:
A resolution to provide for the payment .of damages incurred by J. N. Bray Com pany for the loss of a mule killed by car operated by a State patrolman; and for other purposes.
Referred to Committee on Special Appropriations.

476

JOURNAL OF THE HOUSE,

HB 377. By Mr. Ramey of Chattooga:
A hill to he entitled an act to amend an act establishing the city court of Chattooga, so as to fix the cost and fees to which the sheriff and clerk shall he entitled; and for other purposes.

Referred to Committee on Counties and County Matters.

HB 378. By Mr. Ramey of Chattooga: A hill to he entitled an act to amend an act to abolish the board of commissioners of roads and revenues of Chattooga county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB,379. By Mr. Willingham of Cobb:
A hill to be entitled an act to amend an act entitled income tax for those serving in armed forces; and for other purposes.
Referred to Committee on Ways and Means.

HB 380. By Mr. Cheek of Franklin:
A hill to he entitled an act to amend an act to create a new charter for the City of Carnesville; and for other purposes.
Referred to Committee on Municipal Government.

HR n-380A. By Messrs. Smith of Bryan, Johnson and Mallard of Bulloch:
A resolution to authorize the State to survey and establish a true line between the counties of Bulloch and Bryan.
Referred to Committee on Counties and County Matters.

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. I has had under consideration the following

hills of the House and Senate and has instructed me, as chairman, to report the same back

to the House with the following recommendations:

HB 268. Do Pass.

HB 276. Do Pass. HB 288. Do Pass.

WEDNESDAY, FEBRUARY 26, 1947

477

HB 298. Do Pass. SB 16. Do Pass. SB 19. Do Pass. SB 23. Do Pass. SB 46. Do Pass.

Respectfully submitted,
Lewis of Hancock, Chairman

:Mr. Mallard of Bulloch County, chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:

:Mr. Speaker:

Your Committee on Legislative and Congressional Reapportionment has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 343. Do Pass.

Respectfully submitted,

Mallard of Bulloch, Chairman

~lr. Adams of Wheeler County, chairman of the Committee on Motor Vehicle, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicle has had under consideration the foilowing bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 238'. Do Pass, by substitute.

HB 327. Do Pass.

HB 330. Do Not Pass.

Respectfully submitted,

Adams of Wheeler, Chairman

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following hills of the House, and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 248. Do Not Pass.

HB 322. Do Pass.

Respectfully submitted,

Cheek of Franklin, Chairman

478

JOURNAL OF THE HOUSE,

Mr. McCracken of Jefferson County, chairman of the Committee on State of the Re public, submitted the following report:

Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 334. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman

Mr. Etheridge of Baker County, chairman of the Committee on Temperance, submitted the following report:

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

HB 113. Do Not Pass. (In connection with this bill the committee submits herewith a resume of its reasons for so reporting the same and asks that it be printed and distributed as provided for in the rules of the House.)

HB 342. Do Pass.

Respectfully submitted,

Etheridge of Baker, Chairman

Mr. Lovett of Laurens County, chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways and Means has "had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 345. Do Pass.

HB 118. Do Pass.

HB 347. Do Pass.

Respectfully submitted,

Lovett of Laurens, Chairman

WEDNESDAY, FEBRUARY 26, 1947

479

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

SB 16. By Senator Millican of the 52nd:
A bill to be entiiled an act to give an express lien to involuntary gratuitous or naked depositories on property held in their possession, etc.; and for other purposes.

SB 19. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal present law on notary public for the State at large, title 7l of Code of 1933, and in lieu thereof provide "notaries public,"; and for other purposes.

SB 23. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act approved March 28, 1935 (Georgia Laws 1935, pages 153, 154 and 155) entitled an act to amend an act abolishing the fee system existing in the superior court of the Atlanta judicial circuit, etc.; and for other purposes.

SB 46. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act establishing the criminal court of ,\tlanta, so as to adjust salaries of judges and solicitors of said court; and for other purposes.

HB 118. By :\lr. Davis of Bartow:
_-\ bill to be entitled an act to amend code section 92-3303 of the Code of Georgia of 1933, to provide a period of limitation upon assessment and collection of income tax; and for other purposes.

HB 238. By Messrs. Ansley of Lee, McCracken of Jefferson and Durden of Dougherty:
A bill to be entitled an act to amend an act approved March 28, 1935, entitled "an act to regulate parking motor vehicles and other vehicles on the State-aid roads, etc.", etc.; and for other purposes.

HB 268. By Messrs. Smith and Edenfield of Emanuel, McCracken of Jefferson, Williams of Toombs, and others:
A bill to be entitled an act to amend an act approved March 9, 1945, providing for a salary of $200.00 per month for the official court reporter of the Middle judicial circuit, in lieu of all criminal cases provided in code section 24-3104, by striking the figure and words "$200.00 per month" and by inserting in lieu thereof
. the figure and words "$3,000.00 per annum"; and for other purposes.

480

JOURNAL OF THE HOUSE,

HB 276. By Messrs. Vandiver of Bibb and Bloodworth of Houston:

A bill to be entitled an act authorizing the State highway department of Georgia to sue and be sued in the courts of this State for damages, personal or property, arising out of or in connection with the operation of vehicles owned by the State highway department when such vehicle is being used. in the normal course of business of the department; to provide for liability insurance; and for other purposes.

HB 288. By Messrs. Harrison of Jenkins and Caswell of Heard:
A bill to be entitled an act to amend section 23203 of the code of 1933 by striking the entire section and substituting and adding a new section in lieu thereof and providing that upon change or organizing of a new militia district that 75 male persons over 21 years of age, resident at the tim!l of organization, liable to militia duty; and for other purposes.

HB298. By Mr. McCracken of Jefferson:
A bill to be entitled an act to provide that the judges of the superior courts of this State shall have the power to suspend the imposition or execution of the sentence and to place defendants of probation in felony cases; and for other purposes.

HB 315. By Messrs. Swindle of Berrien and Bruton of Cook:
A bill to be entitled an act to authorize and empower the State revenue com missioner and his deputies by direction of the commissioner, to levy all fi. fas. for delinquent special taxes issued by said commissioner, after the expiration of twelve months from the date of issuance of such fi. fas.; and for other purposes.

HB322. By Mr. Coogle of Macon:
A bill entitled an act to repeal an act approved August 22, 1907, etc., entitled "an act to establish a city court of Oglethorpe, in and for the County of Macon", etc., as amended, etc.; to abolish the city court of Oglethorpe in and for the County of Macon; to provide for the disposition of business pending, records, and costs due therein; to provide for a referendum for the submission of this act to the people, etc.; etc.; and for other purposes.

HB 327. By Messrs. Cox and Rich of Decatur:
A bill to be entitled an act to amend an act approved March 27, 1941, entitled "an act governing and regulating the use of the public roads and highways of this State, according to recommendations of the highway transport committee .of the American Association of State Highways Officials and the United States Bureau of Public Roads; and for other purposes" by striking from section 3 thereof, page 451, Georgia Laws 1941, the following words "or weight"; and for other purposes.

WEDNESDAY, FEBRUARY 26, 1947

481

HB 334. By Mr. Elliott of Muscogee:
A bill to be entitled an act to repeal all existing laws relating to escheats, including the definition of escheat; to the facts and circumstances giving rise to escheats; to the disposition of escheated property, and also the repeal of the law respecting the non-forfeiture of property for crime; etc., etc.; and for other purposes.

HB 342. By Mr. Wells of Lincoln:
A bill to be entitled an act to penalize the possession of malt beverages and wine in all counties of the State of Georgia having a population of not less than 7,040 according to the federal census of 1940; etc.; and for other purposes.

HB 343. By Messrs. Holbrook of Forsyth and Rucker of Banks:
A bill to be entitled an act to amend an act approved February 1, 1946, Georgia Laws 1946, pp. 42-45, amending section 47-102 of the Code of Georgia relating to senatorial districts by rearranging the counties in the Thirty-third senatorial district so that Forsyth county will furnish a Senator before one is furnished from Hall county, so that the counties in said senatorial district No. 33 shall read in the following order: Banks, Forsyth, and Hall; and for other purposes.

HB 347. By Mr. Smith of Emanuel:
A bill to be entitled an act to amend an act entitled "Motor Fuel Tax Law;' approved March 18, 1937 (Georgia Laws 1937, pp. 167-207) and all amendments thereto, the same relating to the taxation of motor fuel, by adding thereto new sections levying a tax of 4c per gallon on all motor fuel used, sold, purchased or stored in this State in connection with aviation or motors used for flying purposes; etc.; and for other purposes.

By unanimous consent, the following bills and resolutions of the House were read the third time and placed upon their passage:
HB 221. By Mr. Etheridge of Baker:
A bill to be entitled an act to increase the bond of the sheriff of Baker 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 259. By Mr. Chalker of Pulaski:
A bill to be entitled an act to repeal an act to amend an act to abolish the office of treasurer of Pulaski county; and for other purposes.

482

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, nays 0.

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

HB260. By Mr. Chalker of Pulaski: A bill to be entitled an act to provide for the fees of coroners and jurors in coro ners' inquests in counties of a certain population; and for other purposes.
The report of the committee. which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR59-283c. By Mr. Willoughby of Clinch:
A resolution to authorize and direct the commiSSioners of roads and revenues of Clinch county to contribute $7,500 when a veterans home in Homerville has been completed; and for other purposes.
The following substitute was read and adopted:
By Mr. Willoughby of Clinch:
A RESOLUTION
WHEREAS, ihe Citizens of Clinch county are sponsoring and seeking to con struct and establish a veterans home in Homerville to be used by the veterans of all wars and their families as a place of recreation and transaction of the business of the different veterans organizations; and,
WHEREAS, the source of funds for the purpose and construction of the home is by public subscription; and,
WHEREAS, the home is to cost approximately $10,000.00 and the necessary amount of subscriptions have not yet been made; therefore,
BE IT RESOLVED by the General Assembly of Georgia, that the commissioners of roads and revenues of the County of Clinch be, and they are hereby authorized to contribute a total of $7,500.00 in their discretion, and upon the recommendations of the officers of the local VFW and American Legion, to the board of commissioners of roads and revenues. Contributions may be made from time to time as the building progresses in the discretion of the board of commissioners in order to facilitate the construction of the veterans home.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, by substitute.

WEDNESDAY, FEBRUARY 26, 1947

483

On the adoption of the resolution, by substitute, the ayes were 105, nays 0.

The resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 28'5. By Messrs. Smith, Evans and Skinner of Chatham:
.-\ bill to be entitled an act to provide for the use of voting machines in all municipalities having a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 286. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to be entitled an act to provide for the use of voting machines in the counties of this State having a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 311. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend the code so as to provide that the department of welfare in certain counties may invest funds in real estate for the building of charitable and welfare 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB I. By Senator Weaver of the 51st:
A bill to be entitled an act to ratify and confirm sales of certain lands by the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

484

JOURNAL OF THE HOUSE.

On the passage of the bill, the ayes were 110, 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 13. By Senator Millican of the 52nd: A bill to be entitled an act to amend the code so as to entitle women to serve as jurors; and for other purposes.
Referred to Committee on Special Judiciary.

The following resolution was read and adopted:
HR 73. By Messrs. Lewis of Hancock, Causey of Bacon, Johnston of Lowndes and Rainey of Terrell: A resolution invJUng Honorable Margaret Chase Smith to address a joint session of the General Assembly of Georgia; and for other purposes.
Messrs. Morgan of Troup, Howard of DeKalb, Lovett of Laurens, Rich of Decatur, Wilson of Bibb, Addleton of Spalding, Ellis of Coffee and Thompson of Meriwether arose to questions of personal privilege and addressed the House.

Mr. Thompson of Meriwether asked that the following bill of the House be placed on the calendar for the purpose of considering the unfavorable report of the committee:
HB 113. By Messrs. Mitchell of Monroe, Dykes of Bleckley, Thompson of Meriwether, and others:
A bill to be entitled an act to increase the revenue of the State; to regulate and control the manufacture, purchase, sale, etc., of alcohol, whiskey, rum, etc.; and for other purposes.

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 8. By Mr. Causey of Bacon: A bill to be entitled an act to authorize the levy and collection of a general sales tax and a compensating use tax; and for other purposes.
The committee substitute to HB 8 was read.
By unanimous consent, further consideration of HB 8 was postponed until Monday,

WEDNESDAY, FEBRUARY 2Li, 1947

485

March 3, immediately after the expiration of the period of unanimous consents.

The following resolution of the House was read and adopted:
HR 76. By Messrs. Smith of Emanuel and Williams of Toombs: A resolution extending congratulations to Hon. Leonard Lokey on his binhday; and for other purposes.
Under the provisions of HR 45, the speaker announced the House recessed until 1:40 o'clock P. M., this afternoon.

The speaker called the House to order.

1:40 o'clock P. M.

Under the regular order of business, the following bills and resolutions of the House were taken up for consideration:

HB 27. By Messrs. Johnston of Lowndes, Bagby of Paulding, Byrd of Taylor, and others:
A bill to be entitled an act to provide payment of compensation to cenain persons who served in the military or naval forces of the United States; and for other purposes.
By unanimous consent, further consideration of HB 27 was postponed until Wednesday, March 5, 1947, immediately following the expiration of the period of unanimous consents.

HR 22-73b. By Mess;s. Etheridge, Kendrick and Smith of Fulton:
A resolution to pay compensation to W. H. McCoy for a broken back caused by the collapse of a baseball grandstand at Tattnall prison; and for other purposes.
Bv unanimous consent, funher consideration of HR 22-73b was postponed until next Thursday, Marth 6, 1947, immediately after the expiration of the period of unanimous consents.
HR 21-73a. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill resolution to pay compensation to W. M. Kimbrell for a broken ankle caused by the collapse of a grandstand at Tattnall prison; and for other purposes.
By unanimous consent, funher consideration of HR 21-73a was postponed until next Thursday, March 6, 1947, immediately following the expiration of the period of unanimous consents.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:

486

JOURNAL OF THE HOUSE,

HB 101. By Messrs. Beddingfield of Dooly and Greene of Crisp:
A bill to be entitled an act to amend the code relating to the qualifications of persons who have been licensed to practice law in foreign states or the District of Columbia; and for other purposes.

An amendment offered by Mr. Nightingale. of Glynn was adopted.

Mr. Salter of Up&on moved to table the bill; the motion prevailed, and the bill was tabled.

Under the regular order of busienss, the following resolution of th11 House wae agaiR taken !lP for consideration:
HR 19-13a. By Messrs. Hand of Mitchell, Elliott of Muscogee, Lovett 'of Laurens and Lewis of Hancock:
A resolution directing the Secretary of State as to the use of the Great Seal; and for other purposes.
By unanimous consent, further consideration of HR 19-13a was postponed until next Wednesday, March 5, 1947, immediately after the expiration of the period of unanimous consents.

Under the regular order of business, the following bills and resolutions of the House were taken up for consideration and read the third time:
HB 107. By Messrs. Causey of Bacon and Vandiver of Bibb:
A bill to be entitled an act to prohibit and regulate within the State of Georgia, the sale, etc., of fireworks; and for other purposes.
The report 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, nays 13.
The bill, having received the requisite constitutional majority, was passed.

HR 29-ll3a. By Mr. Campbell of Newton:
A resolution designating certain roads and routes in Georgia as the United Spanish War Veterans memorial highway; 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 liS, nays 3.
The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, FEBRUARY 26, 1947

487

HB 116. By Messrs. Mathis and Johnston of Lowndes, Willoughby of Clinch, and others:

A bill to be entitled an act providing for the rank or priority of liens of judgments for damages arising out of a common disaster or occurrence; and for other purposes.

Mr. Bennett.of Barrow moved the previous question, and the call was sustained.

An amendment offered by Mr. Addleton of Spalding was lost.

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

On the passage of the bill, the ayes were 115, nays 0.

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

HB 117. By Messrs. Covington, Hicks and Littlejohn of Floyd:
A bill to be entitled an act to amend an act relating to the wearing of stripes by convicts; and for other purposes.

The following amendment was read and adopted:
Mr. Ramey of Chattooga moves to amend HB 117 by adding the following at the end of section 1, to wit:
"Provided, however, that all prisoners known as trusties shall be exempt from the provisions of this act."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 103, nays 12.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 119. By Messrs. Cates and Bargeron of Burke:
A bill to be entitled an act to authorize hospital authorities to invest mpneys in securities which are legal investments for sinking fund 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, nays 0.
The bill, having received the 'requisite constitutional majority, was passed.

488

JOURNAL OF THE HOUSE,

Under the regular order of business, the following bill of the }:louse was taken up for consideration:

HB 122. By Mr. Addleton of Spalding:
A bill to he entitled an act to provide that all hotels be equipped with certain protections against fire; and for other purposes.

By unanimous consent, further consideration of HB 122 was postponed until next Monday, March 3, 1947, immediately following the expiration of the period of unanimous consents.

Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
HB 125. By Mr. Smith of Fulton:
A bill to be entitled an act to prohibit gambling on the result of any event con nected with any game, sport or athletic contest; and for other purposes.
The report 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 126. By Messrs. McWhorter, Howard and Hubert of DeKalb and Smith of Clayton:
A bill to be entitled an act to amend an act providing a salary for the official court reporter of the Stone Mountain judicial circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following hills and resolutions of the House were taken up for consideration:

HR34130. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A resolution proposing an amendment to the Constitution of the State of Georgia, to provide that the General Assembly shall have authority to create and establish in DeKalb county, districts from which the members of the county board of edu cation shall be elected; and for other purposes.

WEDNESDAY, FEBRUARY~. 1W7

489

By unanimous consent, further consideration of HR 34-130a was postponed until next Monday, March 3, 1947, immediately following the expiration of the period of unanimous consents.

HR 35-130b. By Messrs. McWhorter, Howard and Hubert of DeKalb:

A resolution proposing an amendment to the Constitution to provide that the Gen-

eral Assembly may grant to DeKalb county the right to construct or repair streets

and sidewalks; and for other purposes.

.'

By unanimous consent, further consideration of HR 35-130b was postponed until next Monday, March 3, 1947, immediately following the expiration of the period of unanimous consents.

HB 132. By Mr. Conger of Tift:
A bill to be entitled an act to provide for the use of voting machines in counties of a certain population; and for other purposes.
By unanimous consent, further consideration of HB 132 was postponed until next Tuesday, March 4, 1947, immediately following the expiration of the period of unanimous consents.

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 137. By Messrs. Hicks and Littlejohn of F' loyd:
A bill to be entitled an act to provide for the granting of a supersedeas in all cases brought to abate any public nuisance of whatsoever kind or character; and for other purposes.
Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, and HB 137 went over until that time under the order of unfinished business.

490

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, February 27, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the chaplain, Rev. D. T. Buice of the Stone Mountain Baptist Church.
By unanimous consent, the cal1 of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and references of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

The following message was received from the Senate through Mrs. ;'~levin, the secretary thereof:
:\lr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate, to wit:
SB 74. By Senators Hogg of the 24th, :\lillican of the 52nd, Weaver of the 51st, Branch of the 47th, Parker of the 54th, Woodall of the 25th and Mason of the 30th:
A hill to he entitled an act to amend an act approved March 29, 1937, known as the "Unemployment Compensation Law", Georgia Laws 1937, pp. 806 et seq., as amended, and codified as chapter 54-6 of the Code of Georgia and particularly section 54-622, sub-paragraph (6) thereof, by changing, modifying and amending the schedule of variations from the standard rate of contributions and the percentages of employer's average annual payroll required for such variations effective July 1, 1947, and thereafter; and for other purposes.

THURSDAY, FEBRUARY 27, 1947

491

SR 24. By Senators Odom of the 9th and Pannell of the 43rd:

A resolution to memorialize Congress of the United States for favorable consid eration of suitable appropriations to insure continuance and maintenance of the national school lunch program upon substantially the same basis which has here tofore represented such an important contribution to the institution of public education as it has come to be recognized among the paramount obligations assumed by the public treasury.

The Senate has passed, as amended, by the requisite constitutional majority the following resolution of the House, to wit:
HR32. By Mr. Welsch of Cobb:
A resolution providing for the appointment of a committee to make inquiry as to what financial aid, or assistance, if any, may be made in behalf of the musicians comprising the football bands at Georgia Tech and the University of Georgia, and to make inquiry as to the feasibility of the State's taking over the responsibilities of the operations of the athletic programs, especially football; and for other purposes.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 381. By Messrs. Cates and Bargeron of Burke:
A bill to be entitled an act to amend an act incorporating the City of Midville; and for other purposes.
Referred to Committee on Municipal Government.

HB 382. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to authorize the establishment of a department of investigation for DeKalb county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB383. By Mr. Willingham of Cobb:
A bill to be entitled an act to amend an act relating to coroners salary in counties having a population of not less than 37,000 and not more than 41,000; and for other purposes.
Referred to Committee on Counties and County Matters.

492

JOURNAL OF THE HOUSE,

HB 384. By ~fessrs. Evans, Skinner and Smith of Chatham:
A bill to be entitled an act to amend an act to authorize and empower the commissioners of Chatham county and ex officio judges to create a pension board; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 78-384A. By Messrs. Moore of Lumpkin, Kenyon and Overby of Hall and Dorsey of White:
A resolution to authorize the payment of $149.46 to L. T. Garrett of Dahlonega, Georgia, for damages caused by a State highway asphalt distributor; and for other purposes.
Referred to Committee on Special Appropriations.

HR 79-384B. By Messrs. Willingham of Cobb and Smith of Fulton:
A resolution requesting a committee to investigate the feasibility of acqumng the abandoned right-of-way of the Atlanta Northern Railway to be used as an addition to and in the widening of the present State highway that practically parallels said abandoned right-of-way; and for other purposes.
Referred to the Committee on Public Highways No. I.

HR 80-384C. By Mr. Welsch of Cobb: A resolution pertaining to the elections of superior court judges, as to "elections, when to be held" and "terms begin, when"; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HB 385. By Messrs. Kendrick, Etheridge and Smith of Fulton: A bill to be entitled an act to establish a branch of the Georgia State training school for boys; and for other purposes.
Referred to Committee on State of Republic.

HB 386. By Mr. Rich of Decatur:
A bill to be entitled an act to amend an act entitled "Motor Fuel Tax Law", so as to limit the exemption and taxation on sales of gasoline to the United States of America; and for other purposes.
Referred to Committee on Ways and Means.

HB 387. By Mr. Byrd of Taylor:
A bill to be entitled an act to amend an act entitled an act to be known as the revenue tax act to legalize and control alcoholic beverages and liquors; and for other purposes.

THURSDAY, FEBRUARY 27, 1947

493

HB 388. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to propose to the qualified voters of Georgia an amend ment to create a joint city-county board of health for the City of Macon; and for other purposes.
Referred to Committee on Amendments to the Constitution No. 2.

HB 389. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to propose to the qualified voters of Georgia an amendment so as to authorize the City of Macon and Bibb county to set up a planning and zoning board; and for other purposes.
Referred to Committee on Amendments to the Constitution No. 2.

Mr. Hall of Treutlen County, chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 36. Do Pass.

SB 37. Do Pass.

SB 38. Do Pass.

SB 39. Do Pass.

SB 41. Do Pass.

SB 68. Do Pass, as amended.

SB 72. Do Pass.

SB 69. Do Pass.

SB 15. Do Pass.

Respectfully submitted,
Hall of Treutlen, Chairman

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

.494

JOURNAL OF THE HOUSE,

SB 57. Do Not Pass. SB 58. Do Pass. SB 59. Do Pass. HB 344. Do Pass. HB 348. Do Pass. HB 323. Do Pass. HB 377. Do Pass. HB 378. Do Pass. HB 353. Do Pass. HB 339. Do Pass. HB 305. Do Pass. SB 8'2. Do Pass. SB 79. Do Pass. SB 80. Do Pass.

Respectfully submitted,

Ramey of Chattooga, Chairman

Mr. Claxton of Camden, chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined and found properly engrossed, the fol
lowing bills and resolutions of the House, to wit:
HB 11. HB 29. HB 57. HB 86. HB 99. HR 27-103A. HB 91. HB 103. HB 133.

THURSDAY, FEBRUARY 27, 1947

495

HB 142. HB, 177. HB 178. HB 179. HB 181.
HB 194.
HB 195. HB 198. HB 199. HB 201. HB 202. HB 205. HB 206. HB 207. HB 209. HB 220. HB 226. HB 235. HB 247. HB 105. HB 187. HB 13. HB 104. HB 161. HB 188. HB 215. HB 227. HB 231. HB 239. HB 240.

496
HB 258. HB 82. HB 253. HR 28-1038. HR 69. HB 97. HB 127. HB 129. HB 130. HB 143. HB 171. HB 190. HB 200. HB 208. HB 217. HB 218. HB 219. HB 225. HB i!28. HB 241. HB 251. HB 252. HB 261. HB 263. HB 266. HB 267. HB 271. HB 283. HB 290. HB 291.

JOURNAL OF THE HOUSE,

HB 292. HB 293. HB 294. HB 295. HB 296. HB 297. HB 301. HB 302. HB 303. HB 96. HB 16. HB 72. HB 73.

THURSDAY, FEBRUARY 27, 1947
Respectfully submitted, Claxton of Camden, Chairman

Mr. Lewis of Hancock, chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary No. 1 has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 300. Do Pass, as amended.

HB 36. Do Not Pass.

Respectfully submitted,

Lewis of Hancock, Chairman

Mr. Ray of Warren County, chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

498

JOURNAL OF THE HOUSE,

SB 29. Do Pass. HB 326. Do Pass. HB 186. Do Not Pass. HB 349. Do Pass, as amended. HB 173. Do Pass.

Respectfully submitted,
Ray of Warren, Chairman

Mr. Thompson of Meriwether County, chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to repon the same back to the House with the following recommendations:

.SB 71. Do Pass.
SB 76. Do Pass.

SB 78. Do Pass.

SB 81. Do Pass.

HB 380. Do Pass.

HB 337. Do Pass.

HB 160. Do Pass.

HB 43. Do Pass.

HB 316. Do Pass.

HB 357. Do Pass.

HB 356. Do Pass.

HB 355. Do Pass.

HB 246. Do Pass.

HB 368. Do Pass.

HB 324. Do Pass.

HB 325. Do Pass.

HB 329. Do Pass.

Respectfully submitted,

Thompson of Meriwether, Chairman

THURSDAY, FEBRUARY '1:1, 1947

499

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 has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 254. Do Pass. HB 262. Do Pass. HB 279. Do I;"ass. HB 33. Do Pass, by substitute. HB 66. Do Pass. HB 321. Do Pass. HB 328. Do Pass, by substitute.

Respectfully submitted,

McCracken of Jefferson, Chairman

By unanimous consent, the following bills and resolutions of the House and Senate

favorably reported, were read the second time:

.,

SB 15. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act of March 20, 1943, known as authorizing and maintaining common trust funds by increasing maximum amount from $25,000.00 to $50,000.00; and for other purposes.

SB 29. By Senators Coker of the 39th, Hooks of the 16th, Baker of the 42nd, and others:
A bill to be entitled an act to amend an act of the legislature as to certain sections of the code regulating the practice of nursing and creating a board of examiners of nurses for Georgia; and for other purposes.

HB 33. By Messrs. Sills of Candler and Causey of Bacon:
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; and for other purposes.

SB 36. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 13-2023 of the Code of Georgia of 1933, relating to the regulation of the purchase by banks of stocks and investment securities, by inserting therein a new provision as to the purchase of obligations of the federal government and its instrumentalities; and for other purposes.

500

JOURNAL OF THE HOUSE.

SB 37. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:

A bill to be entitled an act to amend section 109-103 of the Code of Georgia of 1933, relating to the election and powers of boards of trustees of trust companies, by providing for the designation of an executive committee to exercise such powers; and for other purposes.

SB38. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 13-2001 of the Code of Georgia of 1933, relating to the boards of directors of banks, by providing that vacancies occurring in the intervals between elections may be filled by the board of directors; and for other purposes.

SB 39. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 109-406 of Code of Georgia of 1933, relating to boards of directors of banks which have acquired trust powers, by providing that the directors may appoint an executive committee of three; and for other purposes.

SB 41. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 67-103 of the Code of Georgia of 1933, relating to. what a mortgage may embrace, by striking said section in its entirety and inserting in lieu thereof a new section to be known as section 67103; and for other purposes.

HB 43. By Mr. Ramey of Chattooga:

A bill to be entitled an act to amend sections 2 and 3 of an act approved Sept.

29, 1891, incorporating the Town of Lyerly, in Chattaooga county, State of Geor-

gia, Ga. La:ws 1890-91, pp. 814-816, as amended by an act approved Dec. 19. 1898,

Ga. Laws 1898, pp. 220-221, so as to provide that the election of town officials

shall be held on the second Monday in January, 1948, and every two years there-

after; and for other purposes.

.

SB 58. By Senator Darby of the 15th:
.A bill to be entitled an act to repeal the act creating the office of commissioner of roads and revenues of Toombs county. Georgia, approved March 10, 1933; to provide for the effective hereof; and for other purposes.

SB 59. By Senator Darby of the 15th:
A bill to be entitled an act to create a board of commissioners of roads and revenues for Toombs county; to provide for the election of commissioners; to provide for a clerk of said board, etc., etc.; and for other purposes.

THURSDAY, FEBRUARY '1:7, 1947

501

HB 66. By Messrs. Smith of Carroll, Whaley of Telfair, Hall of Treutlen, and others:
A bill to be entitled an act to repeal an act approved March 20, 1939 (Ga. Laws 1939, p. 343) entitled an act to make additions to the law of libel by newspapers, magazines or periodicals; to provide for the giving of notice by the plaintiff to the defendant before the institution of any action for liber by any newspaper, magazine or periodical; etc., etc., etc.; and for other purposes.

SB68. By Senators Tarbutton of the 20th and Boone of the 21st:
A bill to be entitled an act to provide for the creation of a refunding bond commission with the power to secure all necessary information, and to approve or disapprove the issuance of bonds for refunding any bonded indebtedness of any county, municipality, etc.; and for other purposes.

'

.

SB 69. By Senators Tarbutton of the 20th, Grayson of the 1st and Tippins of the 48th:

A bill to he entitled an act to amend part II, of title 14 of the Code of Georgia of 1933, relating to hills and notes and to public and legal holidays, etc., etc.; and for other purposes.

SB 71. By Senator Millican of the 52nd:
A hill to he entitled an act to amend section 23-1705, Code of Georgia, 1933, relating to bonds for public contractors so as to provide that the terms of said section shall not apply to contracts with any municipal corporation having a certain population for the doing of any public work where the total contract price for such work does not exceed one thousand ($1,000.00) dollars; and for other purposes.

SB 72.

By Senator Millican of the 52nd:
A bill to be entitled an act to provide for the investment of the proceeds of the sale of bonds by counties, municipalities, school districts and other governmental agencies when such proceeds cannot he immediately used; and for other purposes.

SB 76. By Senator Smiley of the 2nd:
A bill to be entitled an act to incorporate the City of Lambert; to create a charter therefor; etc.; and for other purposes.

SB 78. By Senator Millican of the 52nd:
A hill to be entitled an act to provide that in all counties having a population of a certain amount there is established the position of police chief; etc.; and for other purposes.

SB 79. By Senator Millican of the 52nd:
A bill to be entitled an act to authorize in all counties of a certain population to transfer garbage disposal functions to the county board of health; and for other purposes.

502

JOURNAL OF THE HOUSE,

S B !ill. By Senator ~lillican of the 52nd:
A bill to be entitled an act to amend act of 1937 pertammg to garbage disposal act in counties of a certain population; and for other purposes.

SB 81. By Senator ~Iillican of the 52nd:

A biB 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.

SB 82. By Senator Millican of the 52nd:
A bill to be eRtitled an act to amend an act approved July 24, 1920, relative to salary of county treasurer of Fulton so as to increase said salary from $5,000.00 to $6,000.00 per year; and for other purposes.

HB 160. By Mr. Addleton of Spalding:
A bill to be entitled an act to amend an act entitled an act to revise and consoli date the several acts of the General Assembly granting and amending the charter of the City of Griffin, in Spalding county, Georgia, to amend the charter of said city, etc., etc.; and for other purposes.

HB 173. By Messrs. Overby of Hall, Dorsey of White and Howard of Dawson:
A bill to be entitled an act to amend section 88-105 of the Code of Georgia, the same relating to the election, qualifications, term of office, compensation, bond, etc., etc.; and for other purposes.

HB 246. By Mr. Murphy of Haralson:
A bill entitled an act to amend an act entitled an act to repeal an act entitled an act to incorporate the town of Bremen; and for other purposes.

HB 254. By Messrs. Mason of Morgan and Williams of Jones:
A bill to be entitled an act authorizing the Governor to fix the compensation of the director of entomology; to repeal conflicting laws; and for other purposes.

HB 262. By Messrs. Yawn of Dodge and Smith of Emanuel:
A bill to be entitled an act to amend an act entitled an act to provide for the establishment of a department of labor, etc.; and for other purposes.

HB 279. By Messrs. Hagan of Screven, Smith, Evans, Skinner of Chatham, Lewis of Greene, and others:
A bill to be entitled an act to establish a retirement system for aged and incapacitated employees of different departments; and for other purposes.

THURSDAY, FEBRUARY 27, 1947

503

HB 300. By Messrs. Smith of Chatham, Lewis of Hancock and Welsch of Cobb:
A bill to be entitled an act to amend and revise the procedure in trial courts in divorce cases, etc., etc.; and for other purposes.

HB 305. By Mr. Battle of Schley:
A bill to be entitled an act to amend an act entitled an act to consolidate the office of tax receiver and tax collector in the County of Schley, etc., etc.; and for other purposes.

HB 316. By Mr. Ramey of Chattooga:
A bill to be entitled an act to amend section 69401 of the code of 1933, which defines certain words relating to street improvements in municipalities by striking from line 3 thereof the figures "600" and by inserting in lieu thereof the figures "300"; and for other purposes.

HB 321. By Messrs. Kidd and Jennings of Baldwin:
A bill to be entitled an act to repeal an act approved March 19, 1943, pp. 113-117 of the Georgia Laws of 1943, creating the agricultural and industrial development board in its entirety.

HB 323. By Mr. Coogle of Macon:
A bill to be entitled an act to abolish the office of tax collector and tax receiver in the County of Macon; to consolidate the offices of tax receiver and tax collector of Macon county; to subscribe the rights, liabilities and duties of said officer, etc.; and for other purposes.

HB 324. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act establishing a new charter for the City of Atlanta.

HB 325. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

HB 326. By Mr. Briscoe of Walton:
A bill to be entitled an act to provide for the registration of birth certificates and death certificates in the county wherein the parent or the deceased resides, etc.; and for other purposes.

HB 328. By Messrs. Johnston of Lowndes, Lovett of Laurens, Elliott of Muscogee, Twitty of Mitchell, and others:
A bill to be entitled an act to repeal an act creating a State director of housing; to create in lieu thereof a State housing authority board; to provide for a membership of three thereon; etc.; and for other purposes.

504

JOURNAL OF THE HOUSE,

HB 329. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act providing for a pension system in cities of 150,000 population and over; and for other purposes.

HB337. By Mr. Briscoe of Walton:
A bill to be entitled an act to amend the charter of the City of Monroe; and for other purposes.

HB 339. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to repeal an act entitled an act to amend an act entitled im act to establish a county board of commission for the County of Bibb; etc.; and for other purposes.

HB 344. By Mr. Meeks of Union:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver in Union county, Georgia, etc., etc.; and for other purposes.

HB 348. By Mr. Ray of Warren:
A bill to be entitled an act to amend an act approved March 9, 1945, providing for payment of $90.00 per quarter to the clerk of the superior court of certain counties for the purpose of hiring a deputy clerk, by extending the effective date to January 1, 1949; and for other purposes.

HB 349. By Messrs. Harrison of Wayne, Groover of Troup, Littlejohn of Floyd, and others:
A bill to be entitled an act to regulate the practice of embalming and funeral directing in this State.

HB 353. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend the act of 1939 as amended pertammg to pensions for members of police and fire departments in counties of a certain population by providing for the transfer from municipal fire and police departments to county fire and police departments; and for other purposes.

HB 355. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act entitled an act granting to the City of Tallapoosa authority to establish and maintain public schools in the limits of said city; and for other purposes.

HB356. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act entitled an act to repeal an act enrltled an act to incorporate the Town of Bremen; etc.; and for other purposes.

THURSDAY, FEBRUARY 'l:l, 1947

505

HB 357. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act entitled an act to repeal an act entitled an act to incorporate the Town of Bremen, etc.; and for other purposes.

HB 368. By Mr. Witherington of Wilcox:
A bill to be entitled an act to amend the charter of the City of Abbeville; and for other purposes.

HB 377. By Mr. Ramey of Chattooga:
A bill to be entitled an act to amend the act entitled an act to establish the city court of Chattooga county, etc.; and for other purposes.

HB 378. By Mr. Ramey of Chattooga:
A bill to be entitled an act to amend an act, being an act to abolish the board of commissioners of roads and revenues of Chattooga county, Georgia, etc.; and for other purposes.

HB380. By Mr. Cheek of Franklin:
A bill to be entitled an act to amend an act to create a new charter for the City of Carnesville, Franklin county, Georgia, etc.; and for other purposes.

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage:
SB 46. By Senator Millican of the 52nd: A bill to be entitled an act to amend an act establishing the criminal court of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage oT the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 322. By Mr. Coogle of Macon:
A bill to be entitled an act to repeal an act to establish a city court of Oglethorpe; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

506

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following bill of the House was read the third time and placed upon its passage:

HB 342.. By Mr. Wells of Lincoln:
A bill to be entitled an act to penalize the possession of malt beverages and wine in all counties having a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, 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 74. By Senators Hogg of the 24th, Millican of the 52nd, Weaver of the 51st, and others. A bill to be entitled an act to amend an act known as the Unemployment Compensation Law; and for other purposes.
Referred to Committee on General Judiciary No. 1.

By unanimous consent, the following bill of the House was withdrawn from the Com. mittee on Special Judiciary and recommitted to the Committee on Corporations:
HB 360. By Messrs. 1oel and Wells of Clarke:
A bill to be entitled an act to amend an act to amend the charters granted by the superior courts of this State; and for other purposes.

The following bill of the House was placed on the calendar for the purpose of con sidering the unfavorable report of the committee:
HB 36. By Messrs. Meeks of Union, Green of Rabun and Howard of Dawson:
A bill to be entitled an act to amend the Code of Georgia relating to judicial circuits, by subdividing the Northeastern circuit into two judicial circuits; and for other purposes.

The following resolution of the Senate )Nas read and adopted:
SR 24. By Senators Odom of the 9th and Pannell of the 43rd: A resolution to memorialize the Congress of the United States in reference to the national school lunch program; and for other purposes.

THURSDAY, FEBRUARY '1:7, 1947

507

The speaker ordered the following communication read:
Honorable Fred Hand, Sp;aker of the House Atlanta, Georgia.

Atl:U.ta, Georgia, February 27, 1947.

Dear Mr. Speaker:
This letter is directed to you, and through you to the members of. the House, and is in reference to HB 166 which was introduced by Messrs. Brooke and Britton of Whitfield.
HB 166 is a local bill applying only to Whitfield county. It passed the House on February 10, and the Senate on February 18.
In the final check of the enrolled and engrossed copies of the bill before carrying the same to the Governor's office, the clerk's office discovered that in the caption of the bill; an act of 1849-50 was amended, while in section I of the bill, an act of 1949-50 was amended.
The clerk called this error to the attention of the gentleman from Whitfield, -Mr. Brooke, who requested the copies of the bill, which were delivered to him upon his receipt. When the gentleman returned the enrolled and engrossed copies the error had been corrected with a pen.
For the clerk's protection, the clerk asked the speaker to secure the unanimous consent of the House to correct the error, and the request was granted.
Had not the error been discovered and brought to the attention of the gentleman from Whitfield, the bill would have been carried to the Governor's office by the clerk, without any notification, as is the usual rule and custom of the House.
The gentleman from Whitfield was anxious for the bill to be carried to the Governor Tuesday, and wished to carry it himself. The clerk informed the gentleman that the clerk would have to go with him and secure a receipt for the bill from the Governor's office.
Immediately following adjournment Tuesday afternoon, Mr. Brooke came to the clerk's office and accompanied the clerk to the Governor's office where the bill was delivered to Mr. Vandiver, the Governor's aide.
On leaving the Governor's office, the gentleman advised the clerk that he himself wished to carry the bill to the Governor, and that he had a delegation who wished to accompany him, and that it would be more agreeable to him to withhold the transmission of the hill to the Governor until Wednesday.
The clerk informed the gentleman that HB 166 was his local hill, but that when the bill was transmitted to the Governor the clerk would have to accompany the bill and secure a receipt for same.
In order to comply with the gentleman's request and to help him in any way possible, the clerk secured the copies of the bill from the Governor's aide, and returned same to the clerk's office.
On Wednesday morning, the gentleman from Whitfield personally came to the clerk's office and signed a receipt for the bills; the clerk understanding that the gentleman would hold possession of the bill until he was ready for it to be transmitted to the Governor, at which time he would notify the clerk.

508

JOURNAL OF THE HOUSE,

The receipt for these hills was taken under the following rule of the House, which reads:
"Rule 179. No member shall take any books or papers from the possession of the House or clerk without first acquainting the clerk and giving him a receipt to return the same in a reasonable time or on his demand."

The clerk has been advised by the press that the bill has been carried to and signed
by Hon. M. E. Thompson.

This bill was not delivered to Mr. Thompson by the clerk of the House or any of his assistants.

In view of the following facts:
1. The clerk advising the gentleman from Whitfield that the clerk must accompany the hill when it was carried to the Governor's office;

2. The clerk going beyond his duty in informing the gentleman of the typographical error in his hill;

3. House Rule 179, and the method and manner of transmission of hills to the Gov ernor, of which the gentleman was cognizant;

4. The understanding of the clerk with the gentleman in reference to the transmis sion of his particular hill.

In view of these facts, if it is the opinion of the members of the House that the gentleman from Whitfield was fair and ethical with the clerk in this matter, the clerk respectfully requests the members of this House to consider the advisability of the repeal of House Rule No. 179, in order that the clerk might protect himself in the future, as the clerk is under a bond of $5,000 for the faithful performance of his duties.

The clerk does not wish to engage in any controversy with a member of the House, and does not wish to be presumptious in addressing this letter to the speaker, hut the clerk is anxious for the members .of the House to know the facts concerning HB 166.

Respectfully,

Joe Boone, Clerk.

The speaker ordered the letter included in the journal of the House.

The following resolution was read and adopted unanimously:
HR 81. By Mr. Elliott of Muscogee:
Be it resolved that the speaker of the House appoint a committee of three mem hers of the House to investigate the circumstances of the withdrawal of HB 166 from the office of the clerk of the House on or about February 26, 1947, and the circumstances incident to the presentation of the same to M. E. Thompson for signature, said committee to make report. of its findings and recollliilendations not later than March 4, 1947.

THURSDAY, FEBRUARY 'n, 1947

509

Under the provisions of HR 81, the speaker appointed the following members of the House as a committee:

Messrs. Crowe of Worth, Twitty of Mitchell, and Ray of Warren.

V nder the regular order of business, the following hill of the House was again taken up for consideration:
HB 137. By Messrs. Hicks and Littlejohn of Floyd:
A hill to he entitled an act to provide for the granting of a supersedeas in all cases brought to abate any public nuisance of whatsoever kind or character; and for other purposes.
By unanimous consent, further consideration of HB 137 was postponed until next Tuesday, March 4, 1947, immediately following the expiration of the period of unanimous consents.

Following the first reading of the following hill, Mr. Byrd of Taylor asked unanimous consent to have the hill engrossed:
HB 387. By ~Ir. Byrd of Taylor:
A bill to he entitled an act to amend an act entitled an act to be known as the Revenue Tax Act to legalize and control alcoholic beverages and liquors; and for oth~r purposes.
There was objection to the unanimous consent request.
Mr. Byrd of Taylor moved that HB 387 be engrossed, and the motion was lost.
By unanimous consent, HB 387 was withdrawn from further consideration of the House.

Under the regular order of business, the following hill of the House was taken up for the purpose of considering the unfavorable report of the committee:
HB I 13. By Messrs. Mitchell of Monroe, Dykes of Bleckley, Lovett of Laurens, Thompson of Meriwether, and many others:
A bill to he entitled an act to increase the revenue of the State; to regulate and control the manufacture, sale, etc., of alcohol, brandy, rum, whiskey, etc.; and for other purposes.
By unanimous consent, further consideration of HB ll3 was postponed until Monday, March 3, 1947, immediately following the expi;.ation of the period of unanimous consents.

510

JOURNAL OF THE HOUSE,

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

HB ll8. By Mr. Davis of Bartow:
A bill to be entitled an act to amend the code to provide a period of limitation upon assessment and collection of income tax; and for other purposes.
By unanimous consent, further consideration of HB ll8 was postponed until Monday, March 3, 1947, immediately following the expiration of the period of unanimous consents.

Under the regular order of business, the following resolution of the House was taken up for consideration:
HR36-140a. By Mr. Welsch of Cobb:
A resolution proposing an amendment to the constitution to authorize the governing officials of the respective counties to levy and collect a license tax on businesses in unincorporated areas; and for other purposes.
By unanimous consent, further consideration of HR 36-140a was postponed until Tues day, March 4, 1947, immediately following the expiration of the period of unanimous consents.
Mr. Durden of Dougherty moved that the House do now adjourn until 10:00 o'clock Monday morning, March 3, 1947.
On the motion, the ayes were 44, nays 41.
The speaker announced the House adjourned until Monday morning, March 3, 1947, at 10:00 o'clock.

MONDAY, MARCH 3, 1947

511

Representative Hall, Atlanta, Georgia. Monday, March 3, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. B. E. Whittington of Effingham county.
By unanimous consent, the call of the roll was dispensed with.
:\lr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of last Thursday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
I. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of hills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general hills with local application. 7. First reading and 1eference of Senate hills and resolutions.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
l\lr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the
House, to wit:
HB 168. By Mr. Mann of Henry:
To he entitled an act to amend an act entitled "an act to create a hoard of commissioners of roads and revenues of Henry county"; to provide for increase in salary of the clerk of the hoard of commissioners; and for other purposes.

512

JOURNAL OF THE HOUSE,

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

HR 82-398A. By Messrs. Evitt of Catoosa, .Ray of Warren, Jenkins of Bartow, Elliott of Muscogee and Hinson of Ware:
A resolution directing the public service commission to supervise the entire construction program in connection with the relocation of the Western & Atlantic Railroad to the end that all funds provided therefor shall be efficiently expended for the complete protection, relocation and replacement of the State's railroad property.
Referred to Committee on W. & A. Railroad.

HB 390. By Messrs. Flynt and Addleton of Spalding: A bill to be entitled an act to amend the charter of the City of Griffin; by amending the retirement pension act of 1941; and for other purposes.
Referred to Committee on Municipal 'Government.

HB 391. By Mr. Coogle of Macon:
A bill to be entitled an act to amend an act creating a board 'of commisstoners of roads and revenues for the County of Macon; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 83-391A. By Messrs. Flynt and Addleton of Spalding: A resolution proposing to the qualified voters an amendment so as to provide for the division of Spalding county into school districts; and for other purpos~s.
Referred to Committee on Amendments to, Constitution No. L

HB 392. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend an act relating to the exemption from taxation of certain property including hospitals operating for non profit, and defining "institutions of purely public charity"; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HB 393. By Mr. Joel of Clarke:
A bill to be entitled an act to amend an act entitled an act to authorize counties, cities and towns to acquire, construct, reconstruct, improve, better and extend revenue producing undertakings; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, MARCH 3, 1947

SIB

HB 394. By Mr. Joel of Clarke:
A hill to he entitled an act to authorize and direct the mayor and council of the City of Athens to establish, maintain, equip and operate a city bus transportation system within the city limits of Athens; and for other purposes.
Referred to Committee on Municipal Government.

HB 395. By Messrs. Howard, McWhorter and Hubert of DeKalb, Goldberg of Coweta, and ::\forgan of Troup:
A bill to be entitled an act to provide for license and excise taxes upon business of dealing in malt beverages, etc.; and for other purposes.
Referred to Committee on Temperance.

HB 396. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to grant to the City of Columbus, Georgia, the power or authority to create, establish and maintain a bus terminal; and for other purposes.
Referred to Committee on Muni&ipal Government.

HB 397. By Mr. Lewis of Hancock:
A bill to be entitled an act to provide that corporations and individuals engaged in developing, mining, refining or in anywise processing ores, clays, limerock or other similar natural resources, etc., shall not be restrained therefrom by injunc tive process; and for other purposes.
Referred to Committee on Mines and Mining.

HB 398. By Messrs. Goldberg of Coweta, Morgan of Troup and Howard of DeKalb: A bill to be entitled an act to amend an act levying an excise tax on distributors of motor fuel and/or kerosene; and for other purposes.
Referred to Committee on Ways and Means.

HB 399. By Messrs. Rich and Cox of Decatur and Twitty of Mitchell: A bill to be entitled an act to provide for the securing of a certificate by carrier or public utility and for the transfer or revocation thereof; and for other purposes.
Referred to Committee on Public Utilities.

HB 400. By Messrs. Goldberg of Coweta, Morgan of Troup and Howard of DeKalb: A bill to be entitled an act to provide for the levy of a usage tax of five dollars upon each and every motor vehicle; and for other purposes.
Referred to Committee on Ways and Means.

514

JOURNAL OF THE HOUSE,

HB 401. My Mrs. Rainey of Terrell and Messrs. Flynt and Addleton of Spalding:
A hill to he entitled an act to appropriate five thousand dollars to the department of archives and history for the use and purpose of repairing books, pamphlets and other records which are in the department's central depository; and for other purposes.

Referred to Committee on Special Appropriations.

HB 402. By Messrs. Morgan of Troup, Sabados of Dougherty, Goldberg of Coweta, Rich of Decatur, Kemper of Bibb, Howard of DeKalh, Ingle of Gordon and McCracken of Jefferson:
A hill to be entitled an act to amend an act entitled "public revenues, sources of revenues, income taxes, etc."; and for other purposes.
Referred to Committee on Ways and Means.

HB 403. By Messrs. Morgan of Troup, Sabados of Dougherty, Goldberg of Coweta, Rich of Decatur, Kemper of Bibb, Howard of DeKalb, Ingle of Gordon and McCracken of Jefferson:
A bill to be entitled an act to amend an act entitled "public revenues, sources of revenue, income taxes," by adding a new section to he known as section 92-3102 relating to the rate of taxation of a corporation; and for other purposes.
Referred to Committee on Ways and Means.

HB 404. By Messrs. Covington of Floyd, Overby of Hall, Smith of Emanuel, Twitty of Mitchell and Howard of DeKalb:
A bill to be entitled an act to amend an act relating to the taxing power of coun ties; to include and authorize the payment of expert witnesses in criminal cases, and the costs of autopsies and chemical analyses; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 405. By Messrs. Davis and Jenkins of Bartow: A bill to be entitled an act to amend the charter of the Town of Adairsville; and for other purposes.
Referred to Committee on Municipal Government.
HB406. By Mr. Yawn of Dodge~ A bill to be entitled an act to amend an act to create a new charter for the City of Eastman; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, MARCH 3, 1947

515

HB407. By Mr. Wells of Clarke:
A bill to be entitled an act to amend an act relating to the Town of Athens; to fix the time for the fixing of salaries or other compensation of the officers and employees of the City of Athens; and for other purposes.
Referred to Committee on Municipal Government.

HB4D8. By Messrs. Hill and Thompson of Meriwether and Willingham of Cobb:
A bill to be entitled an act to levy a privilege tax upon the recording of certain documents; and for other purposes.
Referred to Committee on Ways and Means.

HB 409. By Messrs. Etheridge, Smith and Kendrick of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; to change by law the basic work week for city firemen employed by the City of Atlanta; and for other purposes.
Referred to Committee on Municipal Government.

HB410. By Mr. Crow of Walker: A bill to be entitled an act to amend the charter of the City of LaFayette; and for other purposes.
Referred to Committee on .Municipal Government.
HB41l. By Mr. Crow of Walker: A bill to be entitled an act to amend the charter of the City of Chickamauga; and for other purposes.
Referred to Committee on Municipal Government.

Mr. Wilson of Bibb County, chairman of the Committee on Corporations, submitted th~ following report:

Mr. Speaker:
Your Committee on Corporations has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 308. Do Pass.

Respectfully submitted,

Wilson of Bibb, Chairman

516

JOURNAL OF THE HOUSE,

Mr. Mason of Morgan County, chairman of the Committee on General Agriculture No. 1, submitted the following report:

Mr. Speaker:
Your Committee on General Agriculture No. 1 has had under consideration the following bill of the House and has instructed me, as chairman, to report tl!e same back to the House with the following recommendations:

HB 224. Do Pass.

Respectfully submitted,

Mason of Morgan, Chairman

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 335. Do Not Pass.

SB 13. Do Pass.

Respectfully submitted,

Cheek of Franklin, Chairman

By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
SB 13. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act to entitle women to serve as jurors; and for other purposes.

HB 224. By Messrs. Bruton of Cook, Swindle of Berrien and Johnston of Lowndes:
A bill to be entitled an act to regulate the weighing of leaf tobacco sold upon the floors of leaf tobacco warehouses in the State of Georgia; and for other purposes.

HB 308. By Messrs. Ray of Warren and Gowen of Glynn:
A bill to be entitled an act to amend the corporation act and to provide for a method of changing the principal office of a corporation by amendment; and for other purposes.

MONDAY, MARCH 3, 1947

517

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

HB 43. By Mr. Ramey of Chattooga:
A bill to be entitled an act to amend an act incorporating the Town of Lyerly; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 160. By Mr. Addleton of Spalding:
A bill to be entitled an act to amend an act entitled an act to revise and consoli date the several acts of the General Assembly granting and amending the charter of the City of Griffin; in Spalding county, 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 246. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act entitled "an act to repeal an act en titled an act to incorporate the Town of Bremen, and for other purposes."
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
' The bill, having received the requisite constitutional majority, was passed.

HB305. By Mr. Battle of Schley:
A bill to be entitled an act to amend an act entitled "an act to consolidate the office of tax receiver and tax collector in the County of Schley, 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

518

JOURNAL OF THE HOUSE,

HB 323. By Mr. Coogle of Macon:

.:\. bill to be entitled an act to abolish the offices of tax collector and tax receiver in the County of Macon; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.

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

HB337. By Mr. Briscoe of Walton:
A bill to be entitled an act to amend the charter of the City of Monroe; and for other purposes.
The report 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 339. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to repeal an act entitled an act to amend an act of the published acts of the General Assembly of Georgia of 1873, and entitled an act to establish a county board of commission for the County of Bibb; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the rt>quisite constitutional majority, was passed.

HB 344. By Mr. Meeks of Union:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver in Union county, 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 llO, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 3, 1947

519

HB 355. By Mr. Murphy of Haralson:

A hill to he entitled an act to amend an act entitled an act granting to the City of Tallapoosa authority to establish and maintain public schools in the limits of said city by local taxation, etc.; 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 Ill, nays 0.

The hill, having received the requisite constitutional majority, was passed.

HB356. By Mr. Murphy of Haralson:
A hill to he entitled an act to amend an act entitled an act to repeal an act entitled an act to incorporate the Town of Bremen; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 357. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act entitled an act to repeal an act entitled an act to incorporate the Town of Bremen, etc., etc.; 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 ll3, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 368. By Mr. Witherington of Wilcox:
A bill to be entitled an act to amend the charter of the City of Abbeville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were ll4, nays 0.
The bill, having received the requisite constitutional majority, was passed.

520

JOURNAL OF THE HOUSE,

HB 377. By Mr. Ramey of Chattooga:
A bill to be entitled an act to amend the act entitled an act to establish the city court of Chattooga county, 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 US, nays 0.

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

HB 378. By Mr. Ramey of Chattooga:
A bill to be entitled an act to amend an act being an act to abolish the board of commissioners of roads and revenues of Chattooga county, 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 ll6, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 380. By Mr. Cheek of Franklin:
A bill to be entitled an act to be entitled an act to amend an act to create a new charter for the City of Carnesville in the County of Franklin, 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 ll7, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bjll of the House was read the third time and placed upon its passage:
HB 348. By Mr. Ray of Warren:
A bill to be entitled an act to amend an act providing for the payment of $90.00 per quarter to the clerk of the superior court of certain counties for the purpose of hiring a deputy clerk; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were ll8, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 3, 1947

521

The following resolution was read and adopted:

HR 84. By Messrs. Twitty and Hand of Mitchell, Neel of Thomas, Smith of Emanuel and Ray of Warren:
A resolution extending the sympathy of the House to Hon. W. B. Cochran and his family, on the death of his wife's mother; and for other purposes.

Mr. Cox of Decatur arose to a question of personal privilege and addressed the House.

The following resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 32. By Mr. Welsch of Cobb:
A resolution providing for the appointment of a committee of inquiry as to what financial assistance or aid may be made in behalf of the musicians comprising the football bands at Georgia Tech and the University of Georgia; and for other purposes.

The following Senate amendment to HR 32 was read:

The Senate amends HR 32 by striking out last paragraph of said resolution.

Mr. Welsch of Cobb moved that the House agree to the Senate amendment.

On the motion to agree, the ayes were 107, nays 0.

The Senate amendment was agreed to.

The Senate appeared upon the floor of the House, and the joint session, called for the purpose of hearing the A Cappella Choir, was called to order by the speaker.

The secretary of the Senate read the resolution providing for the joint session.

The A Cappella Choir, with Hon. Max Noah, director, appeared upon the floor of the HouSe, and rendered several selections.

Mr. Smith of Emanuel moved that the joint session be now dissolved, and the motion prevailed.

The speaker called the House to order.

The following resolution was read and adopted:
HR 85. By Messrs. Gowen of Glynn and Hand of Mitchell: A resolution extending the best wishes of the House to Hon. Cecil Cannon, and wishing for him a speedy recovery.

522

JOURNAL OF THE HOUSE.

~Jr. Rich of Decatur arose to a question of versonal privilege and addressed the House.

Mr. Lovett of Laurens arose to a question of personal privilege and addressed the House.

Under the regular order of business, the following bills and resolutions of the House were taken up for consideration:

HB 8. By Mr. Causey of Bacon: A bill to be entitled an act to authorize the levy and collecting of a general sales tax; and for other purposes.
By unanimous consent. further action on HB 8 was postponed.

HR 20-13b. By Messrs. Hand of Mitchell, Lovett of Larens, and others:
A resolution providing for the operation of the affairs of the State of Georgia; and for other purposes.
By unanimous consent, further consideration of HR 20-13b was postponed.

HB 27. By Messrs. Bagby of Paulding, Johnston of Lowndes, Byrd of Taylor, and many others:
A bill to be entitled an act to provide payment of compensation to certain persons who served in the military or naval forces of the United States; and for other purposes.
By unanimous consent, further consideration of HB 27 was postponed.

HB 33. By Messrs. Sills of Candler and Causey of Bacon:
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; and for other purposes.
By unanimous consent, further consideration of HB 33 was postponed.

Hti 36. By :\fessrs. Meeks of Union, Green of Rabun and Howard of Dawson: A bill to be entitled an act to amend the code, by subdividing the Northeastern circuit into two judicial circuits; and for other purposes.
By unanimous consent, further consideration of HB 36 was postponed.

Mr. Johnson of Bulloch moved that the House reconsider its action in postponin~~: the following bill of the House:

MONDAY, MARCH 3, 1947

523

HB27. By Messrs. Bagby of Paulding, Johnston of Lowndes, Byrd of Taylor, and many others:

A bill to be entitled an act to provide payment of compensation to certain persons who served in the military or naval forces of the United States, and for other purposes.

The motion to reconsider the postponing of HB 27 prevailed.

HB 27 was read the third time.

Mr. Johnston of Lowndes moved the previous question, and the call was sustained.

The following amendments were read and adopted:

The committee amends HB 27 as follows:

Section 4.

COMMITTEE AMENDMENT TO HB 27

Amend article VII, section Ill, paragraph II, of the Constitution of Georgia pertaining to "bonded debt increase" by adding at the end of such paragraph the following: "Provided the General Assembly of Georgia in its 1949 session be authorized to enact the necessary laws providing for the issuance of bonds of the State of Georgia to aggregate not in excess of $4<),000,000.00 payable in ten years, the proceeds of the sale of the bonds to be used to pay such soldiers' bonus as is authorized by act of the General Assembly."

Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each congressional district in this State for two months previous to the time for holding the next general election at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of article VII, section III, paragraph II, of the constitution authorizing the State of Georgia to issue bonds for payment of soldiers' bonus" and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of article VII, section III, paragraph II of the constitution, authorizing the State of Georgia to issue bonds for payment of soldiers' bonus". And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon shall vote for ratification thereof, when the result shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of article VII, section III, paragraph II of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Mr. Byrd of Taylor amends section 3 to read as follows:
If any person, entitled to compensation under section 1 of this act, died in line of military or naval duty, the sum of two hundred dollars shall be paid to the

524

JOURNAL OF THE HOUSE,

wife. If wife has remarried she shall be declared ineligible. Next in order shall be child or children or parent or parents of such deceased person, in the order named, but to no other person.
An amendment offered by Messrs. Kidd and Jennings of Baldwin was withdrawn.

The report of the committee, which was favoraole to the Pl!ssage of the bill, as amended, was agreed to, as amended.

On the passage of the bill, as amended, the speaker ordered the roll call and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Ansley Avera Bagby Bargeron Barrett Battle Bennett Black Bloodworth Bostwick Briscoe Britton Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chalker Chance Cheek Cheshire Clark Conger Coogle Covington Cowart Cox Crow of Walker

Davis Dobbs Edenfield Ellis Etheridge of Baker Evans Evitt Flynt Fowler Freeman Garland Garrett Garrison Gibbons Glisson Gowen Green of Rabun Greene of Crisp Groover Hagan Hall Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Wayne Hefner Hicks Higgs Hill Hinson Holbrook Holleman Howard of DeKalb Huddleston

Hurt Ingle Jenkins Jennings of Baldwin Joel Johnson of Bulloch Johnston of Lowndes Jones Kemper Kendrick Kenimer Key Kidd King Knight Leverette Lewis of Greene Littlejohn Lockett Lokey Lovett :\lcCracken :\fcMillan Mallard Malone Mann of Henry Mann of Rockdale :\Ianous Massey Mathews Mathis Miller Moore of Lumpkin Moore of Taliaferro Morgan

MONDAY, MARCH 3, 1947

525

Morrison ::\foye of Lamar Moye of Washington Nicholson Oden Overby Padgett Pennington Pulliam Rainey Ramey Ray Reid Risner

Rucker Salter Seagraves Skinner Smith of Carroll Smith of Clayton Smith of Emanuel Smith of Fulton Stevens Swindle Thompson Twitty Tuten Tuttle

Those voting in the negative were Messrs.:

Anglin Crowe of Worth Durden Eve Garrard Gibson Harrison of Jenkins

Henderson Hobby Hubert Mason Mitchell Morris Neel

Vandiver Vickers Walker Watford Wells of Clarke Wells of Lincoln Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Wilson Witherington Yawn
Ramsay Rowland Smith of Bryan Smith of Chatham Towill Trulock Willingham

~lr. Nightingale of Glynn voted present.

Not voting were Messrs.: Arnall, Beddingfield, Bradley, Brooke, Claxton, Cochran, Dorsey, Dykes, Elliott, Etheridge of Fulton, Gary, Goldberg, Greer, Hampton, Howard of Dawson, Jennings of Sumter, Jordan, Kenyon, Knabb, Lewis of Hancock, Long, McWhorter, :Mavity, Meeks, Mitchell, Murphy, Pearlman, Phillips, Riddlespurger, Rich, Sabados, Shields, Sills, Smith of Oglethorpe, Welsch and Willoughby.

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

On the passage of the bill, as amended, the ayes were 147, nays 21.

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

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

The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 135. By Mr. Conger of Tift:
A bill to be entitled an act to amend an act to create a board of commissioners of roads and revenues in and for the County of Tift; and for other purposes.

526

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

The Senate moves that HB 135 be amended as follows:
By inserting the words: "beginning with the March term, 1947" immediately following the clause: "the exact amount to be determined annually by the grand jury" in section 9, as well as in the caption so that the bill as amended will read as follows:
A BILL
To be entitled an act to amend an act approved August 9, 1917, Georgia Laws 1917, p. 396, entitled "an act to create a board of commissioners of roads and revenues in and for the County of Tift, etc.", as amended by an act approved August 19, 1927, Georgia Laws 1927, p. 682, by striking from section 9 of the act of August 9, 1917, as amended by the act of August 9, 1927, the following words as found in line 9, page 684, section 1, Georgia Laws 1927, to wit: "the sum of one hundred and fifty dollars ($150.00) per month", and by inserting in lieu thereof the following: "a sum of not less than twenty-four hundred dollars ($2400.00) nor more than thirty-six hundred dollars ($3600.00) per annum, the exact amount to be determined annually by the grand jury, beginning with the March term, 1947"; 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 Section 9, act approved August 9, 1917, Georgia Laws 1917, page 400, as amended by section 1, act approved August 19, 1927, Georgia Laws 1927, page 682, be and the same is hereby further amended by striking therefrom the following words of line 9, section 1, page 684, Georgia Laws 1927, of the act approved August 9, 1917, to wit: "the sum of one hundred and fifty dollars ($150.00) per month" and by inserting therein the following words: "a sum of not less than twenty-four hundred dollars ($2400.00) nor more than thirty-six hundred dollars ($3600.00) per annum, the exact amount to be determined annually by the grand jury, beginning with the March term, 1947", so that said section as amended shall read as follows:
"Section 9. Be it further enacted, that the board of commiSSioners shall hold their regular session on the first Monday in each month in the court house of said county, and may adjourn from day to day until their business is finished; an extra session may be held at any time on the call of the chairman, of any two members of the board when in the judgment of the board the interest of the county demands it; that the present chairman of said board, to wit, Honorable N. L. Coarsey, shall continue to act as chairman thereof until the first day of January, 1929; that at the December term 1928, of Tift superior court, and at the same term of such court each two years thereafter, the grand jury of such court shall select a chairman of the board of commissioners to serve for a period of two years from the first day of January following such election; such chairman to be selected from the members of the board. That the chairman of the board shall be sole purchasing agent for the County of Tift, and no contracts for the payment of. materials or supplies for any offices or departments of public work of said county shall be binding against the County of Tift if made by any other per-

MONDAY, MARCH 3, 1947

527

son than the chairman of the board of county' commissioners, and such chairman shall receive as compensation thereof a sum of not less than twenty-four hundred dollars ($2400.00) nor more than thirty-six hundred dollars ($3600.00) per annum, the exact amount to be determined annually by the grand jury. Said board may make such rules and regulations as it may deem advisable for its own government and the government of its secretary and other employees, not inconsistent with this act or the laws of this State. Said board shall keep correct minutes of its official acts and doings in a minute book kept for such purposes, a book of receipts and disbursements, a general ledger, and a warrant book, such as are now kept in such office, a book containing a complete list of all the county property, real and personal, and shall make a record of all sales or other disposition of the same, also a road 1egister in which shall be kept a record of all the public roads of said county, particularly describing said roads, and shall make a record of all new roads which shall be hereafter granted in accordance with law. Said board shall also keep on file all paid warrants and vouchers, and other papers necessary to show a complete record of all the transactions of. said county."

SECTION 2. That all laws and parts of law in conflict with this act be, and the same are hereby repealed.

On the question of agreeing to the Senate amendment to HB 135, the ayes were 103, nays 0.

The Senate amendment was agreed to.

HB 133. By Mr. Witherington of Wilcox:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver in the County of Wilcox; and for other purposes.

The following Senate amendment to HB 133 was read:

The Senate moves to amend HB 133:

Section 4 in said bill is hereby amended as follows: By striking the following words "the court house of said county" and substituting in lieu thereof the following words, "Wilcox county".

On the question of agreeing to the Senate amendment to HB 133, the ayes were 104,

nays 0.

I

The Senate amendment was agreed to.

:Mr. Ray of Warren moved that the House do now adjourn, and the motion prevailed.

Leave of absence was granted to Mr. Nicholson of Oconee for Tuesday.

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

528

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia.

Tuesday, March 4, 1947.

The House met pursuant to adjournment this day at 10:00 oclock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. B. E. Whittington of Effingham county.
By unanimous consent, the call of the roll was dispensed with.
Mr. Ray of Warren, acting chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journar was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills\ and resolutions.

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:
SB 53. By Senators Sumner of the lOth, Coker of the 39th and Griffith of the 29th:
A bill to amend section 88105 of the Code of Georgia, the same relating to the election, qualifications, term of office, compensation, bond, etc., of the director of public health, by striking and repealing the section in its entirety and substituting in lieu thereof a new section; and for other purposes.

TUESDAY, MARCH 4, 1947

529

SB 70. By Senator Millican of the 52nd:
A bill to propose to the qualified voters of Georgia an amendment to article 7, section 7, par~graph 1 of the Constitution of Georgia, so as to authorize the City of Atlanta to issue revenue certificates for the purpose of making repairs and improvements in its water works system and sanitary department; and for other purposes.

SB 90. By Senators Tippins of the 48th and Bush of the 8th:
A bill to amend an act entitled an act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made from crops of grapes, fruits and berries, whether wild or cultivated; and for other purposes.

SR 13. By Senator Millican of the 52nd:
A resolution proposing an amendment to paragraph 1 of section 4 of article 7 of the Constitution of the State of Georgia of 1945 to extend coverage of pension system for Fulton county employees; and for other purposes.

HB 239. By Mr. Morrison of Montgomery:
A bill for the disposition of fines and forfeitures accumulating in the superior court of the County of Montgomery; and for other purposes.

HB 161. By Mr. Benl)ett of Barrow:
A bill to provide that the salary of the clerk of board of commissioners of roads and revenues of the County of Barrow receive a salary of of not more than $150.00 per month, the actual amount to be determined by the board of commissioners; and for other purposes.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 412. By Mr. Moye of Lamar:
A bill to be entitled an act to amend an act entitled an act to authorize the City of Barnesville to establish and maintain a system of public schools by local taxa tion; and for other purposes.
Referred to Committee on Municipal Government.

HB 413. By Mr. Smith of Clayton:
A bill to be entitled an act to amend an act entitled an act to incorporate the Town of Forrest Park, to redefine the corporate limits of said town; and for other purposes.
Referred to Committee on Municipal Government.

530

JOURNAL OF THE HOUSE,

HB 414. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act authorizing the mayor and aldermen of the Town of Thunderbolt to close what is claimed to he a street in a strip of land formerly known as the "Doyle triangle lot,"; and for other purposes.

Referred to Committee on Municipal Government.

HB 415. By Mr. Lovett of Laurens:
.A hill to he entitled an act to amend 1933 Code of Georgia pertammg to income taxes, section 92-3101 penaining to the rate of taxation of individuals; code section 92-3102 pertaining to the rate of taxation of corporations; and for other purposes.
Referred to Committee on Ways and Means.

HB 416. By Mr. Hampton of Fannin:
A bill to be entitled an act amending "an act to create the office of commissioner of roads and revenues of Fannin county"; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 417. By Messrs. Arnall and Goldberg of Coweta:
A bill to be entitled an act to amend an act of the General Assembly of Georgia, entitled an act to create a new charter of the City of Newnan; and for other purposes.
Referred to Committee on :Municipal Government.

HB418. By Mr. Moye of Lamar:
A hill to he entitled an act to prohibit the disposal of waste, refuse, or garbage derived from the process of canning any meats, fruits, vegetables or other eatable substances, in any of the streams of this State inhabited by fish; and for other purposes.
Referred to Committee on Game and Fish.

HB419. By Mr. Moye of Lamar:
A hill to he entitled an act to amend section 45-308 of the Code of Georgia of 1933, to provide that the open season for the hunting of doves in this State in certain counties shall he from the 15th day of August to the 30th day of September, inclusive, and November 20th to February 15th inclusive; and for other purposes.
Referred to Committee on Game and Fish.

TUESDAY, MARCH 4, 1947

531

HB 420. By ~les5r5. Rich of Decatur, Williams of Toombs, and others:

A bill to be entitled an act to provide for the protection of human life from injury and death by fire; and for other purposes.

Referred to Committee on Special Judiciary.

HB 421. By :\fr. Dykes of Bleckley:
A bill to be entitled an act fixing salaries for elective county officials in the Coul"!ty of Bleckley; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 422. By Mr. Moye of Lamar:
A bill to be entitled an act to amend an act entitled an act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wine; and for other purposes.
Referred to Committee on Temperance.

HB 423. By Mr. Moye of Lamar:
A bill to be entitled an act to amend an act entitled an act to provide for license and excise taxes upon the business of dealing in malt beverages; and for other purposes.
Referred to Committee on Temperance.

HB424. By Mr. Rowland of Johnson:
A bill to be entitled an act to give protection to the traveling public for the negligence of counties, construction companies, either corporations or partnerships and individuals, in building or repairing bridges and public roads in the respective counties in which such roads are located, and to provide for damages for such negligent acts by said parties, and for jurisdiction of such suits for said damages; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 425. By Mr. Claxton of Camden:
A bill to be entitled an act to amend, consolidate and supersede the act incorporating the Town of Woodbine; and for other purposes.
Referred to Committee on Municipal Government.

532

JOURNAL OF THE HOUSE,

HB 426. By Mr. Gowen of Glynn:
A bill to be entitled an act to provide for the safety of life and property; to create a section in the factory inspection division in the department of labor to be known as the "section of steam boilE-r and unfired pressure vessel inspection"; and for other purposes.

Referred to Committee on Industrial Relations.

HR 86426a. By Messrs. Williams of Toomb5, Edenfield of Emanuel and Lokey of McDuffie:
Resolved, that the State highway department he granted the privilege of closing their offices all day on Saturdays instead of the regular half-day that has been observed in the past.
Referred to Committee on Public Highways No. 1.

HR 88426b. By Mes5rs. Smith of CarrolL Reid of Carroll, Murphy of Haralson, and many others:
A resolution to authorize and empower the director of the department of State parks to purchase the Waco military reservation from the U. S. government; and for other purposes.
Referred to Committee on Municipal Government.

HB 427. By Messrs. Hill and Thompson of Meriwether:
A bill to be entitled an act to require each person installing or constructing a septic tank for the disposal of sewage, and each and every engineer or architect supervising such construction to submit plans to the State department of health; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HR 89-427a. By Mr. Hicks of Floyd:
A resolution providing for the erecyon of a monument or marker in honor of the mothers of Georgia, whosE' sons and daughters lost their lives while serving in the armed forces during world war II.
Referred to Committee on Historical Research.

HB 428. By Mr. Willoughby of Clinch:
A bill to be entitled an act to abolish the department of forestry of the State division of conservation, the office of the director of the department of forestry, the office of ex-officio commissioner of conservation, insofar as it pertains to such department; and for other purposes.
Referred to Committee on Conservation.

TUESDAY, MARCH 4, 1947

533

HB 429. By Messrs. Towill, Morris and Eve of Richmond:
A hill to he entitled an act to prohibit and to regulate within the territorial limits of any county in this State having a certain population, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.
Referred to Committee on Counties and County Matters.

"HB430. By Messrs. Byrd of Taylor, Briscoe of Walton and Bennett of Barrow:
A hill to be entitled an act to amend an act entitled "an act to he known as the revenue tax act to legalize and control alcoholic beverages and liquors"; and for other purposes.
Referred to Committee on Temperance.

HB 431. By Mr. Kenimer of Harris:
A hill to he entitled an act to require county hoards of education, county authorities, hoards of education of independent systems, and other employers of school teachers, as defined by the Teachers Retirement Act, to deduct and collect from each teacher's salary the amount provided in section 8 of the Teacher Retirement Act, and make monthly remittance to the hoard of trustees created by said Teachers Retirement Act; to require that employers of teachers as defined by said act shall make contributions; and for other purposes.
Referred to Committee on Education No. l.

HB 432. By Messrs. Rich and Cox of Decatur, Watford of Long, Clarke of Liberty and Higgs of Atkinson:
A hill to he entitled an act to provide revenue for the State of Georgia; and for other purposes. .
Referred to Committee on Ways and Means.

Mr. Twitty of Mitchell 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 has had under consideration the following resolutions of the House and Senate and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HR 61-303a. Do Pass.

HR 57-283a. Do Pass.

SR 10.

Do Pass.

HR 64-334a. Do Pass.

Respectfully submitted,
Twitty of Mitchell, Chairman

534

JOURNAL OF THE HOUSE,

Mr. Ramey of Chattooga County, chairmim of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 264. Do Pass.

HB 382. Do Pass.

Respectfully submitted,

Ramey of Chattooga, Chairman

Mr. Vickers of Coffee County, chairman of the Committee on Public Property, sub mitted the following report:

Mr. Speaker:
Your Committee on Public Property has had under consideration the following resolu tion of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 65-334b. Do Pass.

Respectfully submitted,

Vickers of Coffee, Chairman

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, submitted the following report:

l\lr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HE 340. Do Pass.

Respectfully submitted,

Cheek of Franklin, Chairman

Mr. Lovett of Laurens County, chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following bills and resolution of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

TUESDAY, MARCH 4, 1947

535

HR 74-376A. Do Pass. as amended. HB 347. Do Pass. HB 314. Do Pass. HB 138. Do Pass. HB 379. Do Pass. HB 402. Do Not Pass. HB 403. Do Not Pass. HB 45. Do Not Pass. HB 398. Do Not Pass. HB 400. Do Not Pass. HB 352. Do Not Pass.

Respectfully submitted,
Lovett of Laurens, Chairman

Mr. Evitt 11f Catoosa County, chairman of the Committee on Western and Atlantic Railroad, submitted the following report:

Mr. Speaker:

Your Committee on Western and Atlantic Railroad has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HR 82-389a. Do Pass.

Respectfully submitted,

Evitt of Catoosa, Chairman

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
SR 10. By Senators Callaway of the 35th, Griffith of the 28th and Yates of the 44th:
A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to article I, section I, of the Constitution of Georgia, to protect the rights of all persons in this State to work in any lawful employment, said right not to be denied or abridged on account of membership or non-membership in any labor union, or labor organization; and for other purposes.

HB 264. By Mr. Leverette of Putnam:
A bill to be entitled an act to provide that the county fiscal authorities of Putnam county may fix a salary not to exceed one hundred dollars per month to be paid the sheriff of Putnam county in addition to fees now paid said sheriff; and for other purposes.

536

JOURNAL OF THE HOUSE,

HR 57-283a. By Messrs. Cochran and Neel of Thomas:

A resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to paragraph I of section I of article V of the Constitution of the State of Ge!lrgia relating to the Governor's term of office; and for other purposes.

HR 61-303a. By )'lessrs. Etheridge, Kendrick and Smith of Fulton:
A resolution to propose to the qualified voters of the State of Georgia an amendment to article 7, section 4, paragraph 1, of the Constitution of the State of Georgia, so as to provide that the board of commissioners of roads and revenues of Fulton county shall have power to levy either a tax or an assessment, or both, upon any part of or all the real property in said county which is outside the incorporated areas of any city, town or municipality, for garbage disposal services; and for other purposes.

HB 314. By Mr. Swindle of Berrien:
A bill to be entitled an act to amend an act entitled "General Tax Act of 1935," etc.; and for other purposes.

HR 64-334a. By Messrs. Gowen and Nightingale of Glynn:
A resolution to propose to the qualified voters of the State of Georgia an amendment to article VII, section Ill, paragraph II of the Constitution of the State of Georgia, authorizing State ports authority, by vote of a majority of its members, to create a bonded indebtedness for the purpose of enabling said authority to carry out and perform the duties, functions and purposes for which created; and for other purposes.

HR 65-334b. By Mr. Mathis of Lowndes:
A resolution whereas, the State of Georgia is in possession of as owner a tract of land situated in Valdosta, upon which the State operated a State farmers' market, and whereas, there is located in the northeast corner of said tract a strip of land 75 feet wide facing U. S. highway No. 41 and running westerly 300 feet lying between the canal which is the northern boundary line of the State property and the Southern railroad spur track No. 2, which is not now in use by the State: and for other purposes.

HB 138. By Messrs. Hicks and Littlejohn of Floyd:
A bill to be entitled an act to provide for the exemption from property tax of automobiles and/ or other conveyances acquired under the provisions of public law No. 663, 79th Congress; and for other purposes.

TUESDAY, MARCH 4, 1947

537

HB 340. By Mr. Dobbs of Gwinnett:

A bill to be entitled an act to amend an act entitled an act to establish the city court of Buford; and for other purposes.

HR 74376a. By Messrs. Nightingale of Glynn, Key of Jasper and Lovett of Laurens:
A resolution to authorize and provide for a committee on the revision of the tax laws of the State of Georgia.

HB 379. By Mr. Willingham of Cobb:
A bill to be entitled an act to amend an act of the General Assembly approved February 1, 1946, entitled, "Income tax for those serving in armed forces"; and for other purposes.

HB 382. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to authorize the establishment of a department of investigation for DeKalb county, for providing the method of appointment for the head of said department; and for other purposes.

HR 82-389a. By Messrs. Evitt of Catoosa, Ray of Warren, Elliott of Muscogee, and others:
A resolution whereas, by joint resolution approved on March 8, 1945, the public service commission was directed to proceed immediately to develop plans for the permanent relocation of the track and right-of-way of the State-owned Western & Atlantic railroad between mile posts 36.25 and 41.50 in Bartow county, Georgia.

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage:
SB 71. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the code relating to bonds for public contractors, so as to provide that the terms of said section shall not apply to contracts with any municipal corporation having a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103. nays 0.
The bill, having received th~ requisite constitutional majority, was passed.

538

JOURNAL OF THE HOUSE,

SB 78. By Senator :'.fillican of the 52nd:
A bill to be entitled an act to proYide for the establishment 'Of the position of police chief in counties having a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 104, nays 0.

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

SB 79. By Senator Millican of the 52nd:
A bill to be entitled an act to authorize, in all counties having a certain population, the transfer of garbage disposal functions to the county board of health; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 81. 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.
The report 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.

SB 82. By Se11ator Millican of the 52nd:
A bill to be entitled an act to amend an act relative to the salary of the county treasurer 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 4, 1947

539

HB 324. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act esta_hlishing a new charter for the City of Atlanta; and for other purposes
The report of the committee, which wa~ {avorable 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 constitutilJnal majority, was passed.

HB 325. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
The report 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.

By unanimous consent, the following bills and resolution of the Senate were read the first time and referred to the committees:
SR 13. By Senator Millican of the 52nd:
A resolution proposing an amendment to paragraph 1 of section 4 of article 7 of the Constitution of the State of Georgia of 1945 to extend coverage of pension system for Fulton county employees; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

SB 90. By Senators Tippins of the 48th and Bush of the 8th:
A bill to be entitled an act to amend an act entitled an act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made from crops of grapes, fruits and berries, whether wild or cultivated; and for other purposes.
Referred to Committee on Temperance.

SB 53. By Senators Sumner of the lOth, Coker of the 39th and Griffith of the 29th:
A bill to be entitled an act to amend section 88-105 of the Code of Georgia, the same relating to the election, qualification, term of office, compensation, bond, etc., of the director of public health, by striking and repealing the section in its

5.W

JOURNAL OF THE HOUSE,

entirety and substituting in lieu thereof a new section 88-105 relating to the election, qualifications, term of office, compensation, bond, etc., of the director of public health; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

SB 70. By Senator MHlican of the 52nd:
A bill to be entitled an act to propose to the qualified voters of Georgia an amendment to article 7, section 7, paragraph 1, of the Constitution of Georgia, so as to authorize the City of Atlanta to issue revenue certificates for the purpose of making repairs and improvements in its water works system and sanitary department; to provide for the payment of certificates out of the revenues derived from water or sanitary service charges; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

The following resolution was read and adopted:
HR 87. By :\Iessrs. Kidd and Jennings of Baldwin:
A resolution thanking the Hon. Max T. Noah and the A Cappella Choir for the program rendered before the joint session of the General Assembly; and for other purposes.

The following report of the Committee on Rules was submitted and read:
2\Ir. Speaker: Your Committee on Rules having under consideration the fixing of a calendar for
today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
L HB 8. Sales tax. 2. HB 122. Hotel fire safeguards. 3. HB 176. Duties of county board of education. 4. HR 41-183A. Sale of State property at Milledgeville. 5. HB 184. Regulation of dangerous drugs. 6. HB 185. Druggists license and regulation. 7. HB 204. Re-establishing district trustees in the county. 8. HB 212. Authorizing insurance companies to hold real property. 9. HB 213. Organization of insurance companies. 10. HR 12-12C. Election of Governor by county unit system in general election.

TUESDAY, MARCH 4, 1947

541

11. HB 223. Indigent veterans license exemption.

12. HR 50-236A. Qualification of electors.

13. HB 81. Shorthand reporters.

14. HB 242. Insurance code amendment.

15. HB 243. State rate bureau on insurance (casualty).

16. HB 244. State rate bureau on insurance (marine).

17. HR 10-12A. Election of Governor by county unit system in case of death of Gover-

nor-elect.

/

18. HB 141. Sunday movies.

The Rules Committee authorizes the speaker to call up any bill herein set forth in any order that he desires.
Elliott of Muscogee, Vice-Chairman

The following bills of the House were placed on the calendar for the purpose of considering the unfavorable report of the committee:
HB 45. By Mr. Harrison of Jenkins:
A bill to be entitled an act to levy and collect a tax upon the business of manufacturing, selling, etc., of certain beverages known as soft drinks; and for other purposes.

HB 398. By ~lessrs. Goldberg of Coweta, Morgan of Troup and Howard of DeKalb: A bill to be entitled an act to amend the code levying an excise tax on distributors of motor fuels and kerosene; and for other purposes.
HB 400. By Messrs. Goldberg of Coweta, Morgan of Troup, Howard of DeKalb and Wilson of Bibb: A bill to be entitled an act to provide for the levy of a usage tax of five dollars upon each and every motor vehicle; and for other purposes.
HB 402. By Messrs. Morgan of Troup, Sabados of Dougherty, Goldberg of Coweta, Rich of Decatur, Kemper of Bibb, Howard of DeKalb, and others: A bill to be entitled an act to amend the Code of Georgia in reference to the rate of taxation of individuals; and for other purposes.
HB 403. By Messrs. Morgan of Troup, Sabados of Dougherty, Goldberg of Coweta, and others: A bill to be entitled an act to amend the Code of Georgia in reference to the rate of taxation of a corporation ; and for other purposes.

542

JOURNAL OF THE HOUSE,

The following report of the committee appointed by the speaker under the provisions of HR 81, to investigate the withdrawal of HB 166 from the clerk's office, was submitted and read:

Mr. Speaker:
Your committee to investigate the withdrawal of HB 166 from the clerk's office desires to make the following report:
We find that the gentleman from Whitfield, Honorable Stafford Brooke, gave to the clerk of the House his receipt for said bill after it had passed both House and Senate.

Rule 177 of the House provides:
"No member shall take any books or papers from the possession of the House or clerk without first acquainting the clerk and giving him a receipt to return the same in a reasonable time on his demand."
The gentleman from Whitfield declines, upon demand, to return said bill and said bill has been deposited in the office of the Secretary of State.

Paragraph 16 oi section 1 oi article 5 of the State Constitution provides:
"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 disapproved shall be repassed by 2/3 of each house."

Paragraph 15 of section 1 of article 5 contains a provisions which reads as follows:
"And if any bill should not be returned by the Governor within five days (Sundays 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."
We can find where neither the rules of the House or Senate nor the statutes provide any definite method of transmitting and presenting to the Governor a bill after it has been passed by both the House and the Senate.

The only thing we find is contained in section 47206 and section 47207 of the Code of Georgia which we quote below:
"47-206. (365) Secretary and clerk to file papers and documents.-The secretary of the Senate and the clerk of the House of Representatives shall, within 10 days after the adjoumment of each session, file, in proper order, all the papers and documents of their respective houses."
"47-207. (366) Secretary and clerk to be paid when papers filed.-The records, papers, and documents thus filed shall be delivered to the Secretary of State, who upon receipt of the same shall certify -that such secretary and clerk have respectively complied with said requisition, and the State Treasurer shall not pay their respective salaries until such certificate shall be produced."

TUESDAY, MARCH 4, 1947

543

It has been the custom for long number of years, if a bill originated in the House, when it finally passed both houses for it to be enrolled by the clerk of the House for it to be delivered to the executive offices and for a receipt to be taken therefor. After the bill is signed it is delivered by the executive department to the office of Secretary of State. In the event it was vetoed, the bill was returned to the House and a veto message sent both the House and Senate.

Likewise, if a bill originated in the Senate it has been the unbroken custom that when it was finally agreed upon by both houses to be transmitted to the Senate and to be enrolled by the secretary of the Senate and after it had been enrolled to be delivered to the executive department and for a receipt to be taken therefor. When approved by the Governor the bill is delivered to the Secretary of State and when vetoed returned to the Senate with a veto measure sent to both houses.

In this instance we find that the hill was signed for hy the gentleman from Whitfield, Honorable Stafford Brooke, and instead of being presented to the executive department was presented to the Lieutenant Governor who attempted to approve the same as acting Governor and was filed in the office of Secretary of State by one, Beverly Irvin and one, Phil Landrum. The bill is now deposited in the office of Secretary of State.

We are of the opinion that since the bill is in the office of the Secretary of State, that the clerk of this House is relieved of any liability therefor. The bill is a local bill affecting only Whitfield county and no one is affected by the bill except the people of the City of Dalton since the bill was an amendment to the charter of the City of Dalton.

In our opinion the gentleman from Whitfield should have followed the rules of the House and returned the bill to the clerk in accordance with the rules and his failure to do so was a direct violation of the rules of the House, but since he did not, nobody can be harmed or hurt except the City of Dalton and Whitfield County and this being entirely a local matter applying only to the County of Whitfield, we are of the opinion that this House should take no action unless some one from Whitfield county sees fit to petition this House to take such action.

We commend the clerk, Honorable Joe Boone, for bringing this matter to the attention of the House and request that in the future all members of the House observe its rules and give full cooperation to the clerk.
Respectfully submitted,
Twitty of Mitchell,
Ray of Warren,
Crowe of Worth, Members of Committee

Mr. Brooke of Whitfield arose to a question of personal privilege and addressed the House.
Mr. Elliott of Muscogee moved that the report of the committee be adopted.
The report was unanimously adopted.
Mr. Willoughby of Clinch arose to a question of personal privilege and addressed the House.

544

JOURNAL OF THE HOUSE,

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration:

HB 8. By Mr. Causey of Bacon:
A bill to be entitled an act to authorize the levy and collection of a general sales tax and a compensating use tax; and for other purposes.

PART I Section 1 of the committee substitute was adopted. Section 2 was read.
The following amendment was read and adppted: Mr. Harrison of Wayne moves to amend committee substitute for HB 8 by deleting
paragraph 3, section 2, Part I, which provides for an optional rate of collection. Section 2, as amended, was adopted. Section 3 was read.

The following amendments were read and adopted:
Mr. Smith of Chatham moves to amend committee substitute for HB 8 as follows:
To amend Part I, section 3, paragraph 10, by adding thereto the following pro visions:
"Tangible personal property," except as herein specifically provided, shall not include that class of property defined as "intangible personal property" by section 92-113 of the Code of Georgia of 1933, as amended.

Mr. Smith of Chatham moves to amend committee substitute for HB 8 as follows:
By inserting in sub-paragraph five (5) of section three (3) of Part I between the words "produced" and "and", in line nine (9), the following words: ("or which is necessary or customary for the completion of the manufactured product for resale"), so that said sub-paragraph as amended shall read:
The words "wholesale sale" or "sale at wholesale" shall mean a sale of tangible personal property by a wholesale merchant to a manufacturer, producer, jobber or dealer, wholesale or retail merchant, for the purpose of resale, including admissions, electricity, gas, transportation and communication services, but does not include a sale to users or consumers not for resale. The term "wholesale sale" shall include a sale of tangible personal property to a manuacturer or producer which enters into or becomes an ingredient or component part of the tangible per sonal property to be sold at wholesale or retail which is manufactured or produced,

TUESDAY, MARCH 4, 1947

545

or which is necessary or customary for the completion of the manufactured product for resale, and the said manufacturer or producer entitled to purchase at wholesale shall he licensed as provided in this act for the licensing of "wholesale merchants" and I or "retail merchants".

By inserting in sub-paragraph seven (7) of section three (3) of Part I, between the words "property" and "in", in line two (2), the following words:
"not covered by sub-paragraph five (5) above", so that said sub-paragraph as amended shall read:
"The word 'retail' shall mean the sale of any- tangible personal property, not covered by sub-paragraph five (5) above, in any quantity or quantities for any use or purposes on the part of the purchaser other than for resale, including admissions, newspapers, magazines, publications, hotel rooms and facilities, electricity, gas, transportation and communication services."
An amendment offered by Mr. Kendrick of Fulton was lost.
Section 3, as amended, was adopted.
Section 4 was read.

The following amendment was adopted:
\lr. Twitty of Mitchell moves to amend committee substitute for HB 8 as follows: By striking the following words in section 4, sub-paragraph (c), to wit: "When the net sales price paid is less than $1000 and a tax of two ,Per cent is imposed on the amount of the net sales in excess of $1000"'.
.\n amendment offered by Mr. Joel of Clarke was lost.
Section 4, as amended, was adopted.
Section 5 was read.
An amendment offered by Messrs. Rich of Decatur and Joel of Clarke was lost. An amendment offered by Mr. Rich of Decatur was lost.
An amendment offered by Mr. Smith of Bryan was withdrawn.
An amendment offered by Messrs. Smith of Bryan, Littlejohn of F1oyd, and others, was read.
On the adoption of the amendment, Mr. Smith of Bryan moved the ayes and nays, and the call was not sustained.
On the adoption of the amendment, the ayes were 50, nays 64.
The amendment was lost.

546

JOURNAL OF THE HOUSE,

The following amendment was read:

Messrs. Cox and Rich of Decatur and Goldberg of Coweta move to amend committee substitute for HB 8 as follows:
By adding to section 5 and at the end thereof and after sub-section H of said section 5 a new paragraph to be appropriately designated as follows: "All farm implements and farm supplies of every kind and character; all fertilizers, limes, insect poisons, trees and seed when sold or purchased for farm usage."
On the adoption of the amendment, Mr. Cox of Decatur moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Polk Avera Bagby Barrett Battle Bloodworth Britton Bruton Byrd Caldwell Callier Caswell Cowart Cox Edenfield Etheridge of Baker 'Freeman Garrard Garrison

Gibson Goldberg Hampton Hardin of Glascock Hardy Harrison of J eli Davis Hefner Hill Holbrook Ingle Kenimer King Knabb Lockett Malone Manous Massey Mavity Miller

Morgan Murphy Padgett Pulliam Reid Rich Rucker Sabados Salter Seagraves Skinner Smith of Bryan Smith of Carroll Stevens Thompson Tuten Tuttle Vandiver Watford

Those voting in the negative were Messrs.:

Adams of Towns Anglin Ansley Arnall Bargeron Black Bradley Campbell Cates Causey Chalker

Chance Cheek Conger Crowe of Worth Durden Ellis Evitt Fowler Garrett Gibbons Glisson

Gowen Green of Rabun Greene of Crisp Groover Hardin of Turner Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs Hinson

TUESDAY, MARCH 4, 1947

547

Hobby Holleman Huddleston Jenkins Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jones Kendrick Key Kidd Knight Leverette Lewis of Hancock Littlejohn Long Lovett

::\lcCracken McMillan ::\Iann of Rockdale Mason Moore of Lumpkin :Morris Moye of Washington Oden Overby Pearlman Pennington Phillips Rainey Ramey Ramsay Risner Rowland Shields

Sills Smith of Fulton Towill Trulock Twitty Vickers Walker Wells of Clarke Wells of Lincoln Welsch Williams of Jones Williams of Mcintosh Williams of Ware W illi11gham Witherington Yawn

Not voting were Messrs. Adams of Wheeler, Addleton, Beddingfield, Bennett, Bostwick, Briscoe, Brooke, Cheshire, Clark, Claxton, Cochran, Coogle, Covington, Crow of Walker, Davis, Dobbs, Dorsey, Dykes, Elliott, Etheridge of Fulton, Evans, Eve, Flynt, Garland, Gary, Greer, Hagan, Hall, Howard of Dawson, Howard of DeKalb, Hubert, Hurt, Joel, Jordan, Kemper, Kenyon, Lewis of Greene, Lokey, McWhorter, Mallard, Mann of Henry, l\lathews, Mathis, Meeks, Mitchell,. Moore of Taliaferro, Morrison, Moye of Lamar, Nee!, ~icholson, Nightingale, Ray, Riddlespurger, Smith of Chatham, Smith of Clayton, Smith of Emanuel, Smith of Oglethorpe, Swindle, Whaley, Williams of Toombs, Willoughby
and Wilson.

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

On the adoption of the amendment, the ayes were 57, nays 85.

The amendment was lost.

The following amendments were adopted:
Mr. Twitty of Mitchell moves to amend committee substitute to HB 8: By striking the words "in quantities of two tons or more" in section 5, sub-paragraph e.

Messrs. Cates of Burke and Twitty of Mitchell move to amend committee substitute for HB 8 by striking sub-section F of section 5.
Section 5, as amended, was adopted. Section 6 was read. An amendment offered by Mr. Willingham of Cobb was lost. Section 6 was adopted.

548

JOURNAL OF THE HOUSE,

Section 7 was read.

An amendment offered by Messrs. Salter and Freeman of Upson and Joel of Clarke was lo!!t.

Section 7 was adopted.

Sections 8 through 24 were adopted.

Section 1 was adopted. Section 2 was read.

PART II

The following amendment was adopted:
Mr. Smith of Chatham moves to amend committee substitute for HB 8 as follows:
To amend Part II, section 2, paragraph (i), by adding thereto the following provision:
"Tangible personal property", except as herein specifically provided, shall not include that class of property defined as "intangible personal property" by section 92113 of the Code of Georgia of 1933, as amended. Section 2, as amended, was adopted.
Section 3 was adopted. Section 4 was read. An amendment offered by Mr. Caldwell of Troup was lost.
Section 4 was adopted. Sections 5 through 10 were adopted.

PART III
Sections 1 through 4 were adopted.
The caption of the committee substitute to HB 8 was adopted.
Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.
Leave of absence was granted to Mr. Nightingale of Glynn for Wednesday, March 5, 1947.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, and HB 8 went over until that time under the order of unfinished business.

WEDNESDAY, MARCH 5, 1947

549

Representative Hall, Atlanta, Georgia. Wednesday, March 5, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. B. E. Whittington of Effingham county.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

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 54. By Messrs. Davis of Bartow a~d Garland of Butts:
A bill to be entitled an act to amend an act approved March 8, 1945, amending code section 38-1801 of the Code of Georgia of 1933, as the same appears in Georgia Laws of 1945, page 227, to include therein additional classes of persons who may be made a witness, and cross-qamined with the further right of impeachmen~ and for other purposes.

550

JOURNAL OF THE HOUSE,

HB 72. By Messrs. Lovett and Malone of Laurens, Jennings of Sumter, Chance of Twiggs, and others:
A bill to be entitled an act to prohibit any individual being required as a condition of employment, or of continuance of employment to be or remain, a member or affiliate of a labor organization, or to pay fees, assessments, or other sums of money, to a labor organization; and for other purposes.

HB 73. By Messrs. Lovett and Malone of Laurens, Jennings of Sumter, Chance of Twiggs, and others:
A bill to be entitled an act to prohibit the use of force, intimidation, violence, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working, or to peaceably conduct his business, or to require the membership or non-membership of any person in a labor organization; to make unlawful certain acts of picketing, and certain assemblies in connection with labor disputes; and for other purposes.

HB 97. By :\fessrs. Sabados ,and Durden of Dougherty:
A bill to be entitled an act to amend the act creating and establishing a new charter for the City of Albany; and for other purposes.

HB 127. By Messrs. :.\IcW110rter, Howard and Hubert of DeKalb:
A bill to be entitled an act to amend the charter of the City of Lithonia and the several acts amendatory thereof, by providing that the mayor and council shall have full power and authority to assess the entire costs of paving sidewalks and placing curbing by same, against the real estate abutting on the street, and for other purposes.

HB 129. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A biii to be entitled an act to amend the charter of the City of Lithonia and the several acts amendatory thereof by providing a method for the extension of the corporate limits of said city; and for other purposes.

HB 130. By :\fessrs. McWhorter, Howard and Hubert of DeKalb:
A biii to be entitled an act to amend the charter of the City of Lithonia by providing that the mayor's salary shall not exceed two hundred dollars per year; and for other purposes.

HB 171. By Mr. Whaley of Telfair:
A bill to be entitled an act for the dispo~ion of fines and forfeitures accumulating in the superior court of the County of Telfair; anil for other purposes.

WEDNESDAY, MARCH 5, 1947

551

HB 208. By Mr. Bloodworth of Houston:
A bill to be entitled an act to amend the charter of the municipality of Warner Robins by providing in section 12 of said charter that the corporation may levy taxes at a rate of 15 mills instead of 5 mills as provided in said section; and for other purposes.

HB 215. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to provide for the counties of this State having a popu lation not less than 83,783 and not more than 83-799, to employ stenographers to take down and transcribe evidence at coroner's inquest; and for other purposes.

HB 225. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act empowering the City of Columbus to sell and convey fee simple title to all or any part of that certain tract of land, now a part of Seventh avenue, in the City of Columbus, Muscogee county, Georgia, said con veyance of any part of said tract through which runs a railroad right-of-way to be subject to said right-of-way; and for other purposes.

HB 241. By Messrs. Crowe and Hobby of Worth:
A bill to be entitled an act to amend an act entitled an act to create a new charter for the City of Sylvester, to declare the rights, powers and privileges of said cor poration and to consolidate the acts relating to the rights and powers of said cor poration; and for other purposes.

HB 263. By Mr. Walker of Ben Hill:
A bill to be entitled an act amending and revising the charter for the City of Fitz gerald, and establishing a new charter therefor, approved August 22, 1907; and for other purposes.

HB 267. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act approved July 31, 1920, entitled an act to incorporate the Town of Alpharetta; to fix the limit of the tax rate; to fix the compensation of the mayor and members. of the council; and for other purposes.

HB 291. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to he entitled to act to amend an act to create and establish the city court of Decatur; to define the jurisdiction thereof; to fix the terms of said court and to prescribe the practice and methods of procedure therein; to provide for the appointment of the judge and solicitor of said court; and for other purposes.

HB 292. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to he entitled an act to amend an act approved August 21, 1906, which is entitled an act to authorize the election of a commissioner of roads and revenue for the County of DeKalb; to prescribe his power, duties and compensation; and for other purposes.

552

JOURNAL OF THE HOUSE,

HB 293. By Messrs. Howard, Hubert and MeWhorter of DeKalb:
A bill to be entitled an act to amend an act approved August 13, 1924, entitled an act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court only or ex officio clerk of other courts), the sheriff, the ordinary, the tax collector and the tax receiver; and for other purposes.

HB 296. By Messrs. Howard, Hubert and MeWhorter of DeKalb:
A bill to be entitled an act to amend an act to provide and establish a new charter for the Town of Clarkston in the County of DeKalb; and for other purposes.

HB 217. By Mr. Seagraves of Madison:
A bill to be entitled an act to amend, consolidate and supersede the several acts incorporating the City of Danielsville; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, to wit:
HB 99. By Messrs. Holbrook of Forsyth, Garrison of Habersham and Yawn of Dodge:
A bill to be entitled an act providing for the sale and use of drugs of the sulfanilamid& group for ust: in the control of livestock and poultry diseases; and for other purposes.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 433. By Messrs. Adams and Hurt of Polk:
A bill to be entitled an act to amend an act of the General Assembly of Georgia, approved November 18, 1901, entitled an act to establish the city court of Polk county, in the City of Cedartown, in and for the County of Polk; and for other purposes.
Referred to Committee on Municipal Government.

HB 434. By Mr. Reid of Carroll: A bill to be entitled an act establishing the city court in the City of Carrollton; and for other purposes.
Referred to Committee on Municipal Government.

HB 435. By Mr. McCracken of JefFerson:
A bill to be entitled an act to repeal an act to establish, maintain and conduct in the County of Richmond a reformatory institute, approved October 5, 1885; and for other purposes.
Referred to Committee on State of Republic.

WEDNESDAY, MARCH 5, 1947

553

HB 436. By Messrs. Phillips of Columbia, McCracken of Jefferson, Addleton of Spalding and Walker of Ben Hill:
A hill to he entitled an act to amend section 56101 of the Code of Georgia so as to enable insurance commissioner to appoint a chief deputy insurance commissioner and not more than two other deputy insurance commissioners; and for other purposes.

Referred to Committee on Insurance.

HB 437. By Messrs. Howard and McWhorter of DeKalh, Durden of Dougherty and Elliott of Muscogee:
A hill to he entitled an act to amend section 68-1003 of the Georgia Code of 1933, as amended, by striking from said section the words, "on occasional trips and over irregular routes"; and for other purposes.
Referred to Committee on State of Republic.

HB 438. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A hill to he entitled an act to amend an act approved August 3, 1927, entitled an act to re-enact the charter of the City of Macon contained in the act approved August 17, 1914; and for other purposes.
Referred to Committee on Municipal Government.

HB 439. By Mr. Nightingale of Glynn:
A hill to he entitled an act to amend section 45-327 of the Georgia Code of 1933 relating to the duty of game protectors and officers to confiscate devices used illegally and in violation of game laws, etc.; and for other purposes.
Referred to Committee on Game and Fish.

HB 440. By Mr. Lewis of Greene:
A hill to he entitled an act to amend section 45-239, part II, chapter 45-2, of the Code of Georgia of 1933, which exempts certain persons from purchaing annual fishing licenses; and for other purposes.
Referred to Committee on Game and Fish.

HB 441. By Messrs. Arnall and Goldberg of Coweta, Groover of Troup, and many others.
A hill to be entitled an act to supplement the salary of the judge of the superior courts of the Coweta judicial circuit and to apportion the amount thereof among the several counties of the circuit; and for other purposes.
Referred to Committee on Special Judiciary.

554

JOURNAL OF THE HOUSE,

HB 442. By .Mr. Lewis of Hancock:
A bill to be entitled an act to provide that any county in this State may contract for compensation with any court reporter appointed by the judge of the superior court of the circuit in which the county lies, for the compensation and services of such reporter; and for other purposes.

Referred to Committee on General Judiciary No. 1.

HB 443. By :VIr. Rowland of Johnson:
:\ bill to be entitled an act to propose to the qualified voters of Georgia an amendment to article 7, section 7, paragraph 1, of the Constitution of Georgia, so as to authorize the mayor and council of Wrightsville, to incur a bonded indebtedness in addition to that heretofore authorized by the constitution and laws of Georgia, for the purpose of refunding and retiring a portion of the existing bonded indebtedness and interest; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HB444. By :\Iessrs. Hubert, Howard and McWhorter of DeKalb:
A bill to be entitled an act to amend the charter of the Town of Doraville; and for other purposes.
Referred to Committee on :Municipal Government.

HB 445. By :\fessrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to amend the charter of the City of Stone Mountain approved on August 21, 1929; and for other purposes.
Referred to Committee on Municipal Government.

HR 90-445a. By Messrs. Adams and Hurt of Polk:
A resolution proposing to the qualified voters an amendment to paragraph 1, section 5, article 8, of the Constitution of Georgia of 1945 so as to provide for a county board of education for Polk county; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HB 446. By Messrs. Harrison of Wayne, Joel of Clarke, Williams of Toombs, and others: A bill to be entitled an act to provide for a State racing commission; and for other purposes.
Referred to Committee on General Agriculture No. 2.

WEDNESDAY, MARCH 5, 1947

555

HB 447. By Mr. Knabb of Charlton:
A bill to be entitled an act to amend an act approved August 4, 1927, Georgia Laws 1927, pp. 529-540, being an act to create a board. of commissioners of roads and revenues for the County of Charlton; and for other purposes.

Referred to Committee on Counties and County Matters.

HB 448. By Mr. Dykes of Bleckley:
A bill to be entitled an act to authorize the City of Cochran to close the alleys of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 449. By Messrs. Hobby and Crowe of Worth and Hardin of Turner:
A bill to be entitled an act to prohibit the hunting or killing of wild deer or wild turkey in the counties of Turner and Worth in the State of Georgia, for a period of five years, providing penalties therefor; and for other purposes.
Referred to Committee on Game and Fish.

HB 450. By Messrs. Yawn of Dodge, Crowe and Hobby of Worth, and others:
A bill to be entitled an act to amend an act approved March 24, 1939 (Georgia Laws 1939, pp. 160-177) providing for the establishment as a separate and distinct agency of the State of Georgia the office of supervisor of purchases of the State of of Georgia; and for other purposes.
Referred to Committee on State of Republic.

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bill and resolution of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 77-380a. Do Pass.

HB 338. Do Pass.

Respectfully submitted,

Ramey of Chattooga, Chairman

556 ....

JOURNAL OF THE HOUSE,

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. I has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 345. Do Pass.

HB 365. Do Pass.

Respectfully submitted,

Lewis of Hancock, Chairman

Mr. Thompson of Meriwether County, chairman of the Committee on Municipal Government, submitted the following report:

~lr. Speaker:

Your Committee on Municipal Government has had under consideration the following bills and 'resolution of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 88-4266. Do Pass.

HB 381. Do Pass.

HB 371. Do Pass.

HB 372. Do Pass.

HB 374. Do Pass, as amended.

SB 64. Do Pass.

HB 407. Do Pass.

Respectfully submitted,

Thompson of Meriwether, Chairman

Mr. Lovett of Laurens County, chairman of the Committee on Ways and Means, sub. mitted the following report:

~[r. Speaker:

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

HB 408. Do Pass, as amended.

HB 415. Do Pass.

Respectfully submitted,

Lovett of Laurens, Chairman

WEDNESDAY, MARCH 5, 1947

557

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

SB 64. By Senator Grayson of the lst:
A bill to be entitled an act to amend the charter of the mayor and alderman of the City of Savannah; to provide by ordinance for the creation of a Savannah river bridge commission; and for other purposes.

HB 338. By Mr. Watford of Long:
A bill to be entitled an act to amend an act creating the board of commissioners of roads and revenues of Long county; and for other purposes.

HB 345. By Mr. Lewis of Hancock:
A bill to be entitled an act to levy and collect a poll tax for the benefit of old age assistance; and for other purposes.

HB 365. By Messrs. Vandiver of Bibb, Causey of Bacon and Smith of Carroll:
A bill to be entitled an act to amend an act with reference to proceedings against intruders; and for other purposes.

HB 371. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to amend an act relating to the police court of the City of Savannah by providing the method of changing punishments or sentences of said court; and for other purposes.

HB 372. By :Messrs. Smith, Evans and Skinner of Chatham:
A bill to be entitled an act to amend the charter of the mayor and alderman of the City of Savannah by authorizing the mayor and aldermen to enter into contracts for group insurance covering its employees including the right to appropriate sums of money to pay a portion of the premiums thereof; and for other purposes.

HB 374. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to amend the charter of the mayor and alderman of the City of Savannah in order to create a personnel board in the City of Savannah; and for other purposes.

HB 381. By Messrs. Cates and Bargeron of Burke:
A bill to be entitled an act to' amend an act incorporating the City of Midville; and for other purposes.

558

JOURNAL OF THE HOUSE,

HR 77-380A. By Messrs. Smith of Bryan, and Johnson and Mallard of Bulloch:
A resolution to authorize the State to survey and establish a true line between the counties of Bulloch and Bryan; and for other purposes.

HB 407. By Mr. Wells of Clarke:
A bill to be entitled an act to amend the charter of the Town of Athens, so as to fix the time for the fixing of salaries or other compensation of the officers and employees of the City of Athens; and for other purposes.

HR 88-426A. By Messrs. Smith and Reid of Carroll, Murphy of Haralson, Caswell of Heard, Bagby of Paulding, Adams and Hurt of Polk and Fowler of Douglas:
A resolution to authorize and empower the director of the department of State parks to purchase the Waco military reservation from the U. S. government; and for other purposes.

HB 408. By Messrs. Hill and Thompson of Meriwether and Willingham of Cobb:
A bill to be entitled an act to levy a privilege tax upon the recording of certain documents; and for other purposes.

HB 415. By Mr. Lovett of Laurens:
A bill to be entitled an act to amend an act pertaining to income taxes; pertammg to the rate of taxation of individuals and pertaining to the rate of taxation of corporations; and for other purposes.

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage:
SB 76. By Senator Smiley of the 2nd:
A bill to be entitled an act to incorporate the City of Lambert; to create a charter therefor, 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 264. By Mr. Leverette of Putnam:
A bill to be entitled an act to provide that the county fiscal authorities of Putnam county may fix a salary not to exceed a certain amount to be paid the sheriff of Putnam county in addition to fees now paid said sheriff, etc.; and for other purposes.

WEDNESDAY, MARCH 5, 1947

559

The report 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, nays 0.

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

HB 382. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to be entitled an act to grant the county commissioner of DeKalb county, Georgia, the right to establish a department of investigation of DeKalb county, 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following report of the Committee on Rules was submitted and read:
Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a calendar for
today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. HB 8. Sales tax. 2. HB 162. Salaries of school bus drivers. 3. HB 176. Duties of county board of education. 4. HR 41-1B3A. Sale of State property at Milledgeville. 5. HB 184. Regulation of dangerous drugs. 6. HB 185. Druggists license and regulation. 7. HB 204. Re-establishing district trustees in the county. 8. HB 212. Authorizing insurance companies to hold real property. 9. HB 213. Organization of insurance companies. 10. HR 12-12C. Election of Governor by county unit system in general election. ll. HB 223. Indigent veterans license exemption. 12. HR 50-236A. Qualification of electors. 13. HB 81. Shorthand reporters. 14. HB 242. Insurance code amendment.

560

JOURNAL OF THE HOUSE,

15. HB 243. State rate bureau on insurance (casualty)

16. HB 244. State rate bureau of insurance (marine).

17. HR 10-12A. Election of Governor by county unit system in case of death of GoY ernor-elect.

18. HB 265. Issuance of baby bonds.

19. HB 66. Newspaper libel law.

20. HR 57-283A. Constitutional amendment providing that no person can ever serve but one term as Governor.

21. HB 141. Sunday movies.

The Rules Committee authorizes the speaker to call up any bill herein set forth in any order that he desires.
Elliott of Muscogee, Vice-Chairman

Under the order of business established by the Committee on Rules, the following bill of the House was again taken up for consideration:
HB 8. By M;r. Causey of Bacon:
A bill to be entitled an act to authorize the levy and collection of a general sales tax and a compensating use tax; and for other purposes.
The following amendment was adopted:
Mr. Elliott of Muscogee moves to amend section 23 of the committee substitute for HB 8 as follows:
By adding two new sentences immediately following the period which follows the word "purchase" in the sixth line of page nineteen of the printed bill which two new sentences shall read as follows:
To avoid the use of tokens or stamps the commissioner of revenue may pre scribe that the retail merchant shall pay the 3% tax levied in this act, but that the merchant may, (a) on each sale of 9c (nine cents) or less, not collect the tax levied herein; (b) on each sale of 10c (ten cents) to 30c (thirty cents) the merchant may collect a tax of 1c in lieu of the 3% tax levied herein; (c) on each sale of 3lc (thirty-one cents) to 70c (seventy cents) the merchant may collect a tax of 2c in lieu of the 3% tax levied herein; (d) on each sale of 7lc (seventy one cents) to $1.05 (one dollar, five cents) the merchant may collect 3c in lieu of the 3% tax levied herein; (e) on each sale of $1.06 (one dollar, six cents) or more the tax shall be levied at the rate of 3% as provided in this act. Provided further that the licensed retail merchant, may in computing the taxes herein levied compute same to the nearest cent, provided, however, that nothing in this section shall exempt the retail merchant from paying the tax at the rate heretofore levied.

WEDNESDAY, l\IARCH 5, 1947

561

The following amendment was read:

.~Ir. Jones of Brantley moves to amend HB 8: By striking from section 5 sub-section "E" in line 5 beginning with the word "sales" and striking the balance of said section in its entirety.
On the adoption of the amendment the ayes were 68, nays 41.
The amendment was adopted.

The following amendment was read:
?!Iessrs. Byrd of Taylor and Harrison of Jeff Davis move to amend HB 8 as follows:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, that any and ~~:11 provisions of HB 8 will expire and cease to be effective on sales on and after June 30, 1953.
BE IT FURT.HER ENACTED BY THE GENERAL ASSEMBLY, that the Governor of Georgia be requested to appoint a tax board, composed of not more than five or less than three tax experts to study and make recommendations with reference tQ a sales bill or any other tax measure to be presented to the members of the General Assembly at the 1949 session of the General Assembly of Georgia.
On the adoption of the amendment, the ayes were 76, nays 58.
The amendment was adopted.

Mr. Elliott of Muscogee moved that the House reconsider its action in adopting the amendment offered by Mr. Jones of Brantley.
On the motion to reconsider, the ayes were 72, nays 61.
The adoption of the amendment offered by Mr. Jones of Brantley was reconsidered.
Mr. Lewis of Hancock moved the previous question and the call was sustained.

On the adoption of the amendment offered by Mr. Jones of Brantley, Mr. Jones of
Brantley moved the ayes and nays and the call was not sustained.
The amendment offered by Mr. Jones of Brantley was lost.
An amendment offered by Mr. Sabados of Dougherty wa.s lost.

562

JOURNAL OF THE HOUSE,

The following amendment was adopted:

Mr. Cox of Decatur moves to amend the committee substitute for HB 8:

By adding at the end of sub-section (e) of section 5 the following:
All sales of tractors or farm machinery to producers of products of farms in their original or unmanufactured state are classified as wholesale sales and said producers shall not be required to pay the annual license fee on wholesalers as provided in this act.
The committee substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill, by sub stitute, was agreed to, as amended.

On the passage of the bill, by substitute, as amended, the speaker ordered the roll call and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Towns Anglin Ansley Arnall Avera Beddingfield Bostwick Bradley Briscoe Byrd Callier Campbell Caswell Cates Causey Chalker Chance Cheek Cheshire Clark Cochran Conger Coogle Covington Cowart Crowe of Worth

Durden Dykes Edenfield Elliott Ellis Etheridge of Baker Fowler Garrard Garrett Gary Gibbons Gibson Glisson Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Turner Harrison of J elf Davis Harrison of Jenkins Harrison of Wayne Henderson Higgs Hinson

Hobby Holbrook Huddleston Jennings of Baldwin Johnson of Bulloch Jones Kenimer Key Kidd King Knight Leverette Lewis of Hancock Littlejohn Long Lovett McCracken McMillan Mallard Mann of Henry Mann of Rockdale Mason Massey Meeks Miller Moore of Lumpkin

Moore of Taliaferro Moye of Lamar Neel Oden Overby Padgett Pennington Phillips Rainey Ramey Ray Riddlespurger

WEDNESDAY, MARCH 5, 1947

56~1

Risner Rucker Seagraves Shields Sills Smith of Bryan Smith of Emanuel Swindle Twitty Tuten Tuttle Vickers

Wells of Clarke Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Witherington Yawn

Tho~e voting in the negative were Messrs.:

Adams of Polk Addleton Bagby Barrett Battle Bennett Black Bloodworth Britton Bruton Caldwell Cox Davis Dobbs Dorsey Etheridge of Fulton Evans Eve Evitt Flynt Freeman Garland Garrison Goldberg

Groover Hardin of Glascock Hardy Hicks Hill Holleman Howard of DeKalb Hubert Hurt Ingle Jenkins Joel Johnston of Lowndes Jordan Kemper Kendrick Knabb Lewis of Greene Lockett Malone 2\fanous Mathews Mathis :'.litchell

Morgan Morris Morrison Moye of Washington Murphy Pulliam Ramsay Reid Rich Rowland Sabados Salter Skinner Smith of Chatham Smith of Fulton Stevens Thompson Towill Trulock Vandiver Watford Willoughby Wilson

Not voting were Messrs. Adams of Wheeler, Bargeron, Brooke, Claxton,, Crow of Walker, Gowen, Hefner, Howard of Dawson, Jennings of Sumter, Kenyon, Lokey, McWhorter, Mavity, Nicholson, Nightingale, Pearlman, Smith of Carroll, Smith of Clayton, Smith of Oglethorpe, Walker, and Wells of Lincoln.

The roll call was verified.

On the passage of the bill, by substitute, as amended, the ayes were ll2, nays 71.

564

JOURNAL OF THE HOUSE,

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

Mr. Causey of Bacon asked unanimous consent that the bill be immediately transmitted

to the Senate.

There was objection.

Mr. Causey of Bacon moved that the bill he immediately transmitted to the Senate.

The speaker declared that the motion prevailed and the bill was ordered transmitted immediately to the Senate.

Mr. Cochran of Thomas 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.

THURSDAY, MARCH 6, 1947 _

565

Representative Hall, Atlanta, Georgia. Thursday, March 6, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. B. E. Whittington of Effingham county.
By unanimous consent, the call of the roll was dispensed with.
Mr. Smith of Fulton, acting chairman of the Committee of Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
I. Introduction of bills and resolutions under the rules of the House.
2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions, favorably reported.
5. Third reading and passage of local uncontested bills and resolutions.
6. Third reading and passage of general bills with local application.
7. First reading and reference of Senate bills and resolutions.
'
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 25. By Senators Millican of the 52nd and Pannell of the 43rd: A resolution to appoint a committee from the Senate and House of Representatives for the purpose of investigating the feasibility of acquiring the abandoned rightof-way of the Atlanta Northern Railway to be used as an addition to and in the widening of the present State highway that practically parallels said abandoned right-of-way.

566

JOURNAL OF THE HOUSE.

The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:

HB 104. By Mr. Oden of Pierce:
A bill to be entitled an act to establish the city court of Blackshear in the County of Pierce; and for other purposes.

HB 294. By ~1essrs. Howard, Hubert and McWhorter of DeKalb:
.-\ bill to be entitled an act to amend an act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several 1\Cts amendatory thereof; and for other purposes.

HB 297. By Messrs. McWhorter, Howard and Hubert of DeKalb: A bill to be entitled an act to authorize the city authorities of the City of Decatur to assess the entire cost for constructing sewers against the abutting property owners; and for other purposes.
HB 301. By ~Iessrs. Kendrick, Etheridge and Smith of Fulton: A bill to be entitled an act to amend an act to incorporate the City of Hapeville; and for other purposes.
HB 302. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to define the duties of alderman, to provide for elections of officers of the City of Hapeville; and for other purposes.

HB 303. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend an act to incorporate the City of Hapeville; to authorize the creation in the city government of said city the office of city manager; and for other purposes.

HB 312. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend an act entitled "Monroe Commissioner's Compensation" approved March 9, 1945, by striking the figures "$1800" as found in sections 5 and 6 and inserting in lieu thereof the figures "$2100"; etc.; and for other purposes.

HR 87. By Messrs. Kidd and Jennings of Baldwin:
A resolution thanking the Honorable Max T. Noah, director of the A Cappella Choir and the membership of the choir from G. S. C. W. and G. M. C. for the fine program rendered before the membership of the General Assembly on March 3, 1947.

THURSDAY, MARCH 6, 1947

567

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

SB 86. By Senators Carswell of the 17th and Darby of the 15th:
A bill to be entitled an act to amend an act entitled 'I:he Alcoholic Beverage-Control Act to forbid advertising of any sort by any licensed liquor store or by any manu facturer of beverages controlled by this act; and for other purposes.

SB 92. By Senators Dorsey of the 32nd, Coker of the 39th, Kiker of the 41st, and Mitchell of the 40th:
A bill to be entitled an act authorizing the State of Georgia to transfer by deed to the U. S. of America a tract of land approximately one-fourth of one acre in Union and Towns counties for construction thereon a lookout tower or observatory for use in detecting and suppressing fires in the national and state forests; and for
1
other purposes.

SB 93. 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 several acts amendatory thereto; and for other purposes.

SB 96. By Senators Yates of the 44th, Griffith of the 28th and Callaway of the 35th:
A bill to be entitled an act to amend an act approved February 19, 1943 (Georgia Laws 1943, pp. 387-395) relating to costs collected in the Supreme Court and Court of Appeals and to the payment of salaries of certain officers and employees of said courts, by amending the 1st sentence of section 5 of said act, fixing the salary of the deputy clerk of the Supreme Court; and for other purposes.

SB 103. By Senator Trippe of the 38th:
' A bill to be entitled an act to amend an act approved November 18, 1901, estab-
lishing the city court of Polk county in the City of Cedartown, etc., and all amendatory acts thereof; and for other purposes.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 451. By Mr. Oden of Pierce:
A bill to be entitled an act to consolidate and revise the charter of the City of Blackshear; and for other purposes.
Referred to Committee on Municipal Government.

568

JOURNAL OF THE HOUSE,

HB 452. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to he entitled an act to amend the act creating the municipal court of Savannah so as to provide that the municipal court of Savannah shall have jurisdiction to try criminal offenses against the laws of Georgia; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 453. By Messrs. Harrison of Jenkins, Crowe of Worth and Smith of Carroll: A bill to be entitled an act to reorganize the department of mines, mining and geology; and for other purposes.
Referred to Committee on State of Republic.

HB 454. By Messrs. Willoughby of Clinch, Johnston of Lowndes, Swindle of Berrien, Mathis of Lowndes, Padgett of Echols and Greer of Lanier:
A bill to he entitled an act to amend an act to prevent the introduction into and dissemination within the State of Georgia for contagious diseases of honey bees; and for other purposes.
Referred to Committee on General Agriculture No. 2.

HB455. By Mr. McCracken of Jefferson: A bill to be entitled an act to protect the public from poisonous exterminators and insecticides, and for other purposes.
Referred to Committee on State of Republic.

HB 456. By Messrs. Evans, Skinner and Smith of Chatham: A hill to he entitled an act to repeal all of the several laws relating to the city court of Savannah and to abolish said court; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB457. By Messrs. Evans, Smith and Skinner of Chatham:
A hill to he entitled an act to provide an additional judge to preside regularly in the superior court of the Eastern judicial circuit of Georgia so as to make two judges in said court; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 458. By Messrs. Cates of Burke and Thompson of Meriwether:
A hill to he entitled an act to provide for payment by the State highway department t:or rights of way to counties when rights of way are not used for highway purposes within three years; and for other purposes.
Referred to Committee on Public Hi-ghways No. I.

THURSDAY, MARCH 6, 1947

569

HB459. By Messrs. Cates of Burke and Thompson of Meriwether:
A hill to he entitled an act to grant to the various counties of the State of Georgia and the State highway department the right and authority to make surveys for road purposes across the lands of property owners for the purpose of locating con templated public roads and highways; and for other purposes.

Referred to Committee on Public Highways No. 1.

HB 460. By Messrs. Cates of Burke and Thompson of Meriwether:
A hill to he entitled an act to amend an act providing for appeal from assessors' award in condemnation proceedings where consequential damages and consequen tial benefits are involved; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB461. By Messrs. Skinner, Smith and Evans of Chatham, Twitty of Mitchell and Johnson of Bulloch:
A hill to he entitled an act to amend an act approved March 29, 1937, to provide for the establishment of the bureau of unemployment compensation in the State department of labor, and known as the "Unemployment Compensation Law"; and for other purposes.
Referred to Committee on Industrial Relations.

HB462. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A hill to be entitled an act to create a new charter for the City of East Point; and for other purposes.
Referred to Committee on Municipal Government.

HB 463. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to he entitled an act to amend an act to create a new charter for the City of East Point; to fix the salary of the city aldermen; and for other purposes.
Referred to Committee on Municipal Government.

HB 464. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act to create a new charter for the City of East Point; to change the term of office of aldermen and mayor; and for other purposes.
Referred to Committee on Municipal Government.

570

JOURNAL OF THE HOUSE,

HB 465. By Messrs. Elliott, Holleman and Shields of Muscogee:
:\ bill to be entitled an act to amend an act to amend the charter of the City of Columbus so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city; and for other purposes.

Referred to Committee on Counties and County Matters.

HR 92-465:\. By Messrs. Elliott, Holleman and Shields of Muscogee:
A resolution to propose to the qualified voters of the State of Georgia, so as to provide that the General Assembly of Georgia shall be authorized to pass a special act or acts to merge the existing independent school system of the City of Colum bus and the existing school district in the County of Muscogee lying outside the corporate limits of said city into one school district or system co-extensive with the limits of said county; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

HB 466. By Mr. Covington of Floyd:
A bill to be entitled an act to amend an act permitting a corporation to receive property on the complete liquidation of a subsidiary corporation without realizing any taxable gain or loss provided the parent is the owner of stock in the subsidiary possessing at least 80% of the total combined voting power of all classes of stock; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 467. By ~Iessrs. Kendrick, Etheridge and Smith of Fulton, and Howard of DeKalb:
A bill to be entitled an act to simplify the operations of the executive branch of the State government by abolishing the board of control of eleemosynary institutions; and for other purposes.
Referred to Committee on State of Republic.

Mr. Dykes of Bleckley County, chairman of the Committee on General Agriculture No. 2, submitted the following report:

Mr. Speaker:
Your Committee on General Agriculture No. 2 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 446. Do Pass.

Respectfully submitted,
Dykes of Bleckley, Chairman

THURSDAY, MARCH 6, 1947

571

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 has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 442. Do Pass.

SB 73. Do Pass.

Respectfully submitted,

Lewis of Hancock, Chairman

Mr. Skinner of Chatham County, vice-chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following bill of the House and has instructed me, as vice-chairman, to report the same back to the House with the following recommendations:

HB 93. Do Not Pass.

Respectfully submitted,

.ikinner of Chatham, Vice-Chairman

Mr. Harrison of Wayne County, chairman of the Committee on Special Appropriation, submitted the following report:

Mr. Speaker:
Your Committee on Special Appropriation has had under consideration the following bills and resolutions of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 172. Do Pass.

HR 78-384a. Do Pass.

HB 333. Do Pass.

HR 72-358b. Do Pass.

HR 75-376b. Do Pass.

HB 346. Do Pass.

Respectfully submitted,

Harrison of Wayne, Chairman

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JOURNAL OF THE HOUSE,

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, sub mitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 420. Do Pass.

HB 441. Do Pass.

Respectfully submitted,

Cheek of Franklin, Chairman

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

SB 73. By Senator Millican of the 52nd:
A bill to be entitled an act to provide means whereby restoration to sanity and capacity may be established by judgment of the court of ordinary; and for other purposes.

HB 172. By Messrs. Kidd and Jennings of Baldwin, Ramsay of Stephens, Willingham of Cobb, Eve of Richmond, Neel of Thomas and Cochran of Thomas:
...
A bill to be entitled an act to provide and appropriate funds to the regents of the University System of Georgia for the building of a new building for the school of textile engineering of the School of Technology; and for other purposes.

HB 333. By Messrs. Moye of Lamar and Howard of DeKalb:
A bill to be entitled an act providing funds for the support of the widow and maintenance and education of four minor children of David Hugh Thomas; and for other purposes.

HB 346. By Messrs. Whaley of Telfair, Hall of Treutlen, Walker of Ben Hill, Ad81;1ls of Wheeler, Morrison of Montgomery and Green of Rabun, and others:
A bill to be entitled an act to appropriate to the Department of State the sum of $25,000.00 for restoring, laminating, and rebinding, and where necessary, the photostating of the disintegrating records and documents in the department of Secretary of State; and for other purposes.

HR 72-358B. By Messrs. Garrison of Habersham and Smith of Oglethorpe:
A resolution authorizing payment of $40.00 to reimburse L. S. Phipps for damages sustained to his automobile by a vehicle belonging to the State highway depart ment; and for other purposes.

THURSDAY, MARCH 6, 1947

573

HR 75-376B. By Mr. Johnston of Lowndes:
:\ resolution to provide for the payment of damages incurred by J. N. Bray Company for the loss of a mule killed by car operated by a State patrolman; and for other purposes.

HR 78-384A. By Messrs. Moore of Lumpkin, Kenyon and Overby of Hall, and others:
A resolution to authorize the payment of $149.46 to L. T. Garrett of Dahlonega for damages caused by a State highway asphalt distributor; and for other purposes.

HB 420. By Messrs. Rich and Cox of Decatur, Miller of Miller, Caswell of Heard and Williams of Toombs:
A bill to be entitled an act to provide for the protection of human life from injury and death by fire; and for other purposes.

HB 441. By Messrs. Arnall and Goldberg of Coweta, Groover of Troup, Caswell of Heard, Reid and Smith of Carroll and Caldwell of Troup:

A bill to be entitled an act to lillpplement the salary of the judge of the superior

courts of the Coweta judicial circuit and to apportion the amount thereof among

the several counties of the circuit; and for other purposes.

HB 442. By Mr. Lewis of Hancock:
A bill to be entitled an act to provide that any county in this State may contract for compensation with any court reporter appointed by the judge of the superior court of the circuit in which the county lies for the compensation and services of such reporter without regard to any limitation as to the amount imposed by law; and for other purposes.

HB 446. By Messrs. Harrison of Wayne, Joel of Clarke, Williams of Toombs, Dykes of Bleckley, Crowe of Worth and Wells of Clarke:
A bill to be entitled an act to provide for a State racing commission; and for other purposes.

By unanimous consent, the following bills and resolutions of the House and Senate were read the third time and placed upon their passage:
SB 64. By Sen~tor Grayson of the 1st: A bill to be entitled 'an act to amend the charter of the mayor and aldermen of
i the City of Savannah and for other purposes.

574

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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 338. By Mr. Watford of Long: A bill to be entitled an act to amend an act creating the board of commissioners of roads and revenues of Long County, 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 77-380a. By Messrs. Smith of Bryan, Johnson and Mallard of Bulloch: A resolution to authorize the State to survey and establish a true line between the counties of Bulloch and Bryan; 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, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 371. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to amend an act approved August 11, 1906, and an act approved August 13, 1924, relating to the police court of the City of Savannah; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 372. By Messrs. Smith, Evans and Skinner of Chatham: A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill. the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 6, 1947

575

HB 374. By Messrs. Evans, Smith and Skinner of Chatham: A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah; and for other purposes.
The following committee amendment was read and adopted:
The committee moves to amend HB 374:
To amend section 27 by adding after the word "effect" the following words, to wit, "January 1, 1948." As amended section 27 will read "This act shall take effect January 1, 1948."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 108, nays 0.

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

HB 381. By ~Iessrs. Cates and Bargeron of Burke: A bill to be entitled an act to amend an act incorporating the City of _Midville; and for other purposes.
The report 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 c~nstitutional majority, was passed.

By unanimous consent, the following bills of the Senate were 1ead the first time and referred to the committees:
SB 92. By Senators Dorsey of the 32nd, Coker of the 39th, Kiker of the 41st and Mitchell of the 40th:
A bill to be entitled an act authorizing the State of Georgia to transfer by deed to the U. S. of America a tract of land approximately one-fourth of one acre in Union and Towns counties for construction thereon a lookout tower or observatory for use in detecting and suppressing fires in the national and state forests; and for other purposes.
Referred to Committee on General Agriculture No. 2.

SB 93. 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 amendatory acts thereto; and for other purposes.
Referred to Committee on Municipal Government.

576

JOURNAL OF THE HOUSE,

SB96. By Senators Yates of the 44th, Griffith of the 28th and Callaway of the 35th:
A bill to be entitled an act to amend an act approved February 19, 1943 (Georgia Laws 1943, pp. 387-395) relating to costs collected in the Supreme Court and Court of Appeals and to the payment of salaries of certain officers and employees of said courts; and for other purposes.

Referred to Committee on General Judiciary No. 2.

SB 103. By Senator Trippe of the 38th:
A bill to be entitled an act to amend an act approved November 18, 1901, establishing the city court of Polk county in the City of Cedartown, etc.; and for other purposes.
Referred to Committee on Municipal Government.

SB 86. By Senators Carswell of the 17th and Darby of the 15th:
A bill to be entitled an act to amend an act entitled The Alcoholic Beverage-Control Act to forbid advertising of any sort by any licensed liquor store or by any manufacturer of alcoholic beverages controlled by this act; and for other purposes.
Referred to Committee on State of Republic.

By unanimous consent, the following bill of the Senate was withdrawn from the Committee on General Judiciary No. 1, read the secofld time, and recommitted to the committee:
SB 74. By Senators Hogg of the 24th, Millican of the 52nd, Weaver of the 51st, Branch of the 47th. Parker of the 54th, Woodall of the 25th and Mason of the 30th:
A bill to be entitled an act to amend an act known as the "Unemployment Compensation Law", etc.; and for other purposes.

By unanimous consent, the following remarks made by the gentleman from Peach. Mr. Mathews, on yesterday, were ordered included in the journal:
THE SALES TAX
Mr. Speaker, Lady and Gentlemen of the House:
For a long time, I have been hearing complaints about the method Which has grown up in our State government under which the Governor of Georgia has too much power and authority; and the General Assembly apparently is without power to accomplish desired enda.
In other words, if a member of the legislature wants something done, he must first "see the Governor." If he has a road he wants improved, he must first "s~ the Governor." If some friend wants a job, he must "see the Governor." I am

THURSDAY, MARCH 6, 1947

577

sure that most of us feel that this is wrong; and that we, as members of the General Assembly, should not be required to take orders from the Governor or to have the Governor in position where he can put pressure on us to try to direct our action in accordance with his wishes.
I have personally felt for some time that the legislature, as a sovereign body, was entirely too subservient to the Governor of Georgia: I do not think it is right or proper that we should be. This is true regardless of who our Governor may be.
To put it bluntly, our Governor has too much power and the legislature has little authority to remedy the situation. The question is-why is this true?
I hope the membership of this House will not feel that I am undertaking to explain to you the remedy for this situation. I frankly wonder whether we can apply a remedy or not. I even doubt sometimes that we want to remedy this situation. It may be that we prefer to sit back as rubber stamps and let the Governor run the show-use us as pawns when he desires to place the responsibility on us that he does not care to assume-and let the Governor receive the credit for the expenditure of the money which he can-and will-blame us for extracting from the people in various taxes. That seems to be the game-you tax 'em and I'll deliver the gifts.
Now I do not mind taking the responsibility for levying a tax on the people if I am likewise permitted to say exactly where that tax which I levied, or voted to levy, goes. If the school teachers of Georgia, or other worthy recipients of the proceeds of the levy, are in immediate danger of being cut off without their pay, then I am willing to levy a necessary tax if I know that the tax so levied will go to pay the school teachers or others immediately in danger of being turned out without their pay. But I do want to know that, if I vote to levy a tax, that the tax which I levy will go to the particular purpose that I have in mind when I vote to levy the tax.
Unfortunately for me, I cannot know for what particular purpose the money raised by my particular tax levy will be spent. I can hope that some of it will go to pay the school teachers, but I cannot know this because the new constitution will not permit me to know this.
In other words. the new constitution will not permit me, or us, as a legislative body, to allocate taxes. Therefore, I must vote for the tax and hope for the best; or vote against the tax.
Now this brings II!e to a consideration of the question as to whether or not I should vote for the tax and hope for the best. That is, who, finally, determines how all this money that we raise, by this tax measure or any other tax measure, shall be finally spent.

You members of the General Assembly, and I also, should, I think, consider this question. When we raise this money, what may the result be as to its expendi ture? In that regard, we must consider not only what might take place; but also what can take place under our present system of expenditure of State funds raised hy taxation on all the people of Georgia.

I do not desire to bring up partisan issues for the sake of bringing them up; but at the same time I shall not close my eyes to facts, as they exist. Serious charges have been made, and generally broadcast to the three and one-half million people in Georgia, as to dangers that lie ahead. Honesty and integrity itself has been questioned. I do not feel that, in placing a heavy tax on the people of

578

JOURNAL OF THE HOUSE,

Georgia, this House should take anything for granted. We like to attribute honesty of purpose to every man-but, as I see it, it is our duty to protect the people against the political and the selfish ambitions of any Governor, whoever he may be. This is especially true since office holders and office seekers, and others who seek selfish gain, have allied themselves with the individuals who are both seeking to act as Governor of Georgia.
So what power does the Governor, or acting Governor, of Georgia have over tile entire funds raised by a levy of taxes on the three and one-half million people of our native State of Georgia?
In answering this fundamental question, I desire to make it clear that I am not an accountant or an auditor. I simply claim to possess ordinary horse sense.
I have taken the time and the trouble to try to secure sufficient information to seek a simple solution to this question. I hope that my information may prove helpful to this House in arriving at a correct conclusion as to this question. This question is:
Are you willing, under the present situation, as it exists in Georgia, not even knowing finally who the Governor of Georgia is, to raise all this money by a sales tax on the people, and leave it to the Governor, whoever he may be, to spend? Are you willing to do this, and take the responsibility for so doing, in the light of the public accusations that have been made as to the experienced politicians who, it is claimed, exert great influence over both parties who claim the right to act as Governor of Georgia?
In order to show you the power of the person who really has the right (who ever he may be) to act as Governor of Georgia to control the expenditure of all funds raised by taxation, including the funds which would be raised by this sales tax, I want to give you my understanding of this power.
I think it is more power than any honest man would want. I think it is more power than any dishonest man should have.
We operate under what is known as the "budget bill." It is the final evolution, or final result, of a theory that was first instituted in 1931. The basic idea was, and is, that a budget bureau should be established, and the Governor is, in effect, the budget bureau. The State auditor is his assistant-the assistant direetor of the l;mdget. That is something like a deputy sheriff, or assistant sheriff.
From time to time. changes have been made in the budget law.
First, in 1931. under Governor Russell, the system provided that an emergency appropriation be set up and this appropriation should be used to fill up deficiencies in appropriations to departments who were short for any reason. That was in the good old days when the legislature could raise taxes and also say for what purposes the taxes raised could be spent. That is to say, in the good old days of alloca tions-now forbidden under our new constitution.
Then the idea was conceived, during the Rivers administration, of not having any specific "emergency appropriation."
In 1941, and in 1943, the idea of a "surplus account" or an "income equaliza. tion fund" was evolved. I would like to give you my understanding of this system-which is the system under which we now operate.
This is a most interesting situation.

THURSDAY, MARCH 6, 1947

579

At the end of each month, the State auditor can transfer any funds in the treasury of the State which have not already been "budgeted" by the budget bureau (the Governor) to the "income equalization fund." That is true today.
How it all comes about is more or less immaterial as far as this discussion is concerned. The point is this:
Any balance to the 'income equalization fund" in the State treasury is abso lutely under the control of the Governor, or acting Governor, of Georgia.
Let us look at some of these balances in the "income equalization fund" to show what could take place.
On July 1, 1945, there was a balance in the "income equalization fund" of $17,569,799.06.
On that date, the Governor of Georgia could, by executive order, have trans ferred all that fund to the highway department, or to the executive department, or to any other department to carry out any political scheme he saw fit-and he could have done this regardless of any appropriation or the amount of any appro priation.
On January 1, 1946, the balance on hand in the income equalization account was $5,166,700.17.

Between the dates of July 1, 1945, and January 1, 1946, the Governor, in his sole discretion, decided when and for what purposes the sum of over $12,000,000.00 should be spent.

On July 1, 1946, the balance in the equalization account in the State treasury was $15,395,814.97.

On January 1, 1947, the balance in the income equalization fund was $136,908.81.

Between the dates of July 1, 1946, and January 1, 1947, the Governor, in his discretion, decided where and for what purpose the sum of more than $15,000,000.00 should be spent.

The Governor of Georgia can transfer, out of this equalization fund, on his own executive order, to any department, including the executive departm~nt, oil or any part of the balance on hand, in the State treasury, to the credit of the income equalization fund. This is true regardless of the amount of appropriation made to the department.

An example of this is the expenditure of the sum of $150,000.00 during the period between July 1, 1945, and January 1, 1946, for advertising the new constitution. The remainder. of the cost was paid out of legislative appropriation, not under budget control.

This power of the Governor over the funds raised by taxation on the people can be corrected, and it should be corrected. It would require careful study, but it can be done. I believe it can be done even under the new constitution.

Now what is the situation in the State treasury today? Or rather, what was the situation on the first day of this month-March, 1947?

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JOURNAL OF THE HOUSE,

All the money is in the State treasury. The State auditor is simply a very fine and competent accountant keeping the accounts straight for the Governor, under his direction. He does not keep the money.
On January 1, 1947, there was a balance on hand of cash in the State treasurer's office of $31.224,834.49. Of this sum of $31,224,834.49, certain reserves are set up. These reserves amounted to $18,894,468.30.
Since January 1, 1947, there has been paid into the State treasury, up to March 1, 1947, $14,580,295.61.
Disbursements out of the State treasury during January and February, 1947, amounted to $12,568,091.29.
Therefore, during January and February, while paying the school teachers their fifty per cent raise, the treasury has disbursed one million dollars per month, roughly, less than it has received; and on March 1, 1947, the balance on hand in the State treasury was $33,071,795.06.
The reserves amounted on March 1, 1947, to $18,925,278.78 and there now remains in the State treasury $14,146,516.28, subject to budget allotments.
One of the "reserves" set up in the treasury is the sum of $11,670,403.13 for matching federal funds for highway construction. It was set up out of the income equalization fund on executive order of the Governor.
Now suppose there remains, at the end of the first quarter of 1947, the sum of 25 million dollars in the treasury of the State, over and above the "reserves." This is entirely possible since income tax collections are now coming in.
The auditor of Georgia can then transfer all of this sum of 25 million dollars into the "income equalization fund"; and thereafter, the Governor can transfer, or not transfer, these funds to any department he sees fit. He can even transfer it to the executive department. He could use it all to pay teachers or he could use it all to build roads.
I think I have stated, with reasonable accuracy, what the power of the Gover nor of Georgia is over the money we will raise by this sales tax bill and over all other money raised by taxes for the State. If I am wrong, you can find out where I am wrong from the State Treasurer.
Under the present situation in Georgia, with two persons claiming to possess that power, and with office holders, office seekers, constituents of both parties hungry for roads, all wanting to get access to the money raised by taxation, I am unwilling to levy this sales tax on the people of the State of Georgia at this time.

The following report of the Committee on Rules was submitted and read:
Mr. Speaker. Your Committee on Rules, having had under consideration the fixing of a calendar for
today's business, has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. SR 14. Tennessee-Georgia boundary.
2. SR 15. Georgia-Tennessee boundary.

THURSDAY, MARCH 6, 1947

581

3. SR 10. Right to work. 4. SB 29. Board of examiners-nurses. 5. SB 3. Judgment for double rent. 6. SB -5. Educational opportunities-equalize. 7. SB 14. Judge Superior Court, emeritus. IJ. SB 15. Common trust fund. 9. SB 16. Naked depositories. 10. SB 19. Appointment-notary public. 11. SB 20. State librarian. 12. SB 21. Street railroad, disposal of. 13. SB 25. Schools, delinquent children. 14. SB 33. Compensation-school superintendents. 15. SB 36. Banks purchase stock, etc. 16: SB 37. Election of trustees-trust companies. 17. SB 38. Board of directors of banks. 18. SB 39. Director of banks-trust powers. 19. SB 41. Mortgage. What may embrace. 20. SB 43. Train whistles. 21. SB 68. Refunding bond commission. 22. SB 69. Bank days. 23. SB 72. Investment-sale of bonds by counties, etc. 24. HB 162. Salaries of school bus drivers. 25. HB 176. Duties of county board of education. 26. HR 41-183A. Sale of State property at Milledgeville. 27. HB 184. Regulation of dangerous drugs. 28. HB 185. Druggists license and regulation. 29. HB 204. Re-establishing district trustees in the county. 30. HB 212. Authorizing insurance companies to hold real property. 31. HB 213. Organization of insurance companies. 32. HR 12-12C. Election of Governor by county unit system in general election.

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JOURNAL OF THE HOUSE,

33. HB 223. Indigent veterans license exemption.

34. HR 50-236A. Qualification of electors.

35. HB 81. Shorthand reporter~.

36. HB 242. Insurance code amendment.

37. HB 243. State rate bureau on insurance (casualty).

38. HB 244. State rate bureau on insurance (marine).

39. HR 10-12A. Election of Governor by county unit system in case of death of Gov ernorelect.

40. HB 265. Issuance of baby bonds.

41. HB 66. Newspaper libel law.

42. HR 57-283A. Constitutional amendment providing that no person can ever serve hut one term as Governor.

43. HB 141. Sunday movies.

The Rules Committee authorizes the speaker to call up any hill herein set forth in any order that he desires.
Elliott of Muscogee, Vice-Chairman

The following resolution of the House was taken up for consideration and read the third time:

HR 60-283d. By Mr. Willoughby of Clinch:
A resolution to provide for a committee to make a survey of Georgia educational system; and for other purposes.
Mr. Jones of Brantley moved that further consideration of HR 60-283d he postponed.
The motion to postpone prevailed.
By unanimous consent, the clerk of the House was instructed to request certain infor mation from Mr. Aderhold.

Under the order of business established by the Committee on Rules, the following hills and resolutions of the Senate were taken up for consideration and read the third time:
SR 14. By Senators Kiker of the 41st and Coker of the 39th:
A resolution authorizing the appointment of a committee by the legislature to negotiate with authorities from the State of Tennessee and to agree, if possible, on a definite fixed boundary between the State of Tennessee and the State of Georgia; and for other purposes.

THURSDAY, MARCH 6, 1947

583

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 ll2, nays 5.

The resolution, having received the requisite constitutional majority, was adopted.

SR 15. By Senators Kiker of the 41st and Coker of the 39th:
A resolution to authorize and direct the attorney general of Georgia to bring into the federal court the proper proceedings to establish a definite fixed boundary line between the States of Georgia and Tennessee in the event the State of Tennessee fails to agree upon the said boundary line the commission heretofore authorized; 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, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 29. By Senators Coker of the 39th, Hooks of the 16th, Baker of the 42nd, Arnold of the 50th, Woodall of the 25th, Griffith of the 28th, Sumner of the lOth and Wide' man of the 46th:
A bill to be entitled an act to amend an act of the legislature as to certain sections of the code regulating the practice of nursing and creating a board of examiners of nurses for Georgia, etc.; and for other purposes.
Mr. Smith of Bryan moved that further consideration of SB 29 be postponed indefinitely.
The motion prevailed.

SB 21. By Senator Millican of the 52nd:
A bill to be. entitled an act to amend an act entitled "an act to authorize electric street railroad companies incorporated under the laws of Georgia and engaged in street railroad and bus transportation and in the operation of electric plants, o'ther than hydro-electric plants, for the generation of electric power and the distribution and sale thereof for light, heat and power purposes, to sell and otherwise dispose of their street railroad and bus properties and franchises, etc." so as to make the same applicable to street railway companies owning and operating hydro-electric plants; and for other purposes.
The report of the committee, which was faovorable 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.

584

JOURNAL OF THE HOUSE,

The following resolution was read and adopted:

HR 91. By Mr. Smith of Fulton:
A resolution concerning the illness of Honorable M. E. Groover; and for other purposea.

Under the order of business established by the Committee on Rules, the following hills and resolutions of the Senate were taken up for consideration and read the third time:
SB 25. By Senators Mitchell of the 40th, Woodall of the 25th, Dorsey of the 32nd and Huckeba of the 37th:
A bill to he entitled an act to authorize and empower the State hoard of education to set up, locate, maintain and operate residential schools for delinquent children of public school age; 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,107, nays 4.
The bill, having received the requisite constitutional majority, was passed.

SB 3. By Senator Weaver of the 51st:
A bill to be entitled an act to amend section 61-305 of the Code of Georgia of 1933 providing for a judgment for double rent and when a writ of possession shall issue, by providing that if, on the trial of an issue formed by a proceeding against a tenant holding over and a counter affidavit thereto, such issue is determined against the tenant; and for other purposes.
By unanimous consent, further consideration of SB 3 was postponed.

Mr. Durden of Dougherty gave notice that at the proper time he would move that the House reconsider its action in passing the following hill of the Senate:

SB 25. By Senators Mitchell of the 40th, Woodall of the 25th, Dorsey of the 32nd and

Huckeba of the 37th:

.

A bill to be entitled an act to authorize and empower the State hoard of education to set up, locate, maintain and operate residential schools for delinquent chi!drep of public school age; and for other purposes.

The speaker announced the House recessed until 1:30 P. M. this afternoon.

THURSDAY, MARCH 6, 1947 The speaker called the House to order.

585 1:30 P.M.

The following resolution of the Senate was read and adopted:
SR 25. By Senators Millican of the 52nd and Pannell of the 43rd:
A resolution to appoint a committee from the Senate and House of Representatives for the purpose of investigating the feasibility of acquiring the abandoned rightof-way of the Atlanta Northern Railway to be used as the addition to and in the widening of the present State highway that practically parallels said abandoned right-of-way; and for other purposes.

Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:
SB43. By Senators Carswell of the 17th, Mason of the 30th and Grayson of the 1st:
A bill to be entitled an act to amend section 94-506 of chapter 94-5 of the Code of Georgia of 1933, relating to railroad crossings, by striking from said section 94-506 the following language, to wit: "to blow through said whistle two long and two short blasts at intervals of five seconds between each blast,'' and to insert in lieu of said language the following: "to blow through said whistle two long blasts, one short blast and one long blast"; to repeal all conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, wa~ agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 38. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 13-2001 of the Code of Georgia of 1933, relating to the boards of directors of banks, by providing that vacancies occurring in the intervals between elections may be filled by the board of directors; and for other purposes.
The report 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.

SB 68. By Senators Tarbutton of the 20th and Boone of the 21st:
A bill to be entitled an act to proVide for the creation of a refunding bond commission with the power to secure all necessary information, and to approve or disapprove the issuance of bonds for refunding any bonded indebtedness of any county, municipality or political subdivision; and for other purposes.

586

JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

The committee moves to amend the caption of SB 68:
By adding after the words "required taxes;" and before the words "and to" in line 8 of said caption the words "or through failure to maintain the required sinking fund for such bonds;"

The committee moves to amend SB 68:

By striking therefrom section 2 in it~ entirety and substituting in lieu thereof a new section to be numbered 2 and to read as follows:

"Be it further enacted. that where any county, municipality, or other political subdivision of this State, shall have outstanding a bonded indebtedness issued prior to the Constitution of 1945, and where 6LICh bonded indebtedness has matured, or is about to mature, and such county, municipality or political subdivision has not the funds available to meet the payment of said indebtedness, through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds, the authorities of such county, municipality or political subdivision may apply to such refunding bond commission, in which application it shall set forth all the facts, that is to say, the amount of outstanding bonds matured, or about to mature, the rate of interest such bonds are bearing, the amount, if any, of funds on hand 'for the payment of such bonds, and the amount necessary to take up and redeem such bonds. Said application shall set forth also the total bonded indebtedness of such county, municipal corporation, or other political subdivision, and the amount of taxable property in said political subdivision, and the amount of btlnds proposed to be issued, the rate of interest said bonds are to bear, the maturities of said bonds and such other information as may be reasonable and proper."

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 107, nays 0.

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

SB 36. By Senators Trippe of the 38th. Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 13-2023 of the Code of Georgia of 1933, relating to the regulation of the purchase by banks of stocks and investment securities, by inserting therein a new provision as to the purchase of obligations of the federal government and its instrumentalities; and for other purposes.

The following amendment was read and adopted:
Mr. Causey of Bacon moves to amend SB 36:
By striking the words "Home Loan Owners Corporation" and inserting in lieu thereof wherever the same appears in said bill, these words: "Home Owners Loan Corporation".

THURSDAY, MARCH 6, 1947

587

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, nays 0.

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

SB 41. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 67-103 of the Code of Georgia of 1933, relating to what a mortgage may embrace, by striking said section in its entirety and inserting in lieu thereof a new section to be known as section 67-103; and for other purposes.
By unanimous consent, further consideration of SB 41 was postponed.

SB 37. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 109-103 of the Code of Georgia of 1933, relating to the election and powers of boards of trustees of trust companies, by providing for the designation of an executive committee to exercise such powers; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 39. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd:
A bill to be entitled an act to amend section 109-406 of the Code of Georgia of 1933, relating to boards of directors of banks which have acquired trust powers, by providing that the directors may appoint an executive committee of three; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 15. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act of March 20, 1943, known as authorizing and maintaining common trust funds by increasing maximum amount from $25,000.00 to $50,000.00; and for other purposes.

588

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, nays 0.

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

Mr. McMillan of Washington moved that the House reconsider its action in postponing consideration of the following bill of the Senate, to wit:
SB 41. By Senators Trippe of the 38th, Gwyn of the 36th and Adams of the 23rd: A bill to be entitled an act to amend section 67-103 of the Code of Georgia of 1933, relating to what a mortgage may embrace, by striking said section in its entirety and inserting in lieu thereof a new section to be known as section 67-103; and for other purposes.
The motion to reconsider the postponing of SB 41 prevailed.
The report 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, nays 3.
The bill, having received the requisite constitutional majority, was passed.
~lr. Elliott of Muscogee moved that the House do now adjourn.
The motion prevailed.
The speaker announced the House adjourned until. tomorrow morning at 10:00 o'clock.

FRIDAY, MARCH 7, 1947

589

Representative Hall, Atlanta, Georgia. Friday, March 7, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to oriler by the speaker and opened with prayer by the chaplain, Rev. B. E. Whittington of Effingham county.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, 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 jou~nal was dispensed with.

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of gneral bills with local application. 7. First reading and reference of Senate bills and resolutions.

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

HB 468. By Messrs. Causey of Bacon, Sabados of Dougherty and Murphy of Haralson i
A bill to be entitled an act to amend an act relating to the State board of account ancy; and for other purposes.

'

Referred to Committee on General Judiciary No. 1.

590

JOURNAL OF THE HOUSE,

Mr. Twitty of Mitchell 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 has had under consideration the following bill and resolution of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 465. Do Pass.

HR 92-465a. Do Pass.

Respectfully submitted,

Twitty of Mitchell, Chairman

Mr. Walker of Ben Hill County, chairman of the Committee on Game and Fish, submitted the following report:

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

HB 439. Do Pass.

HB 440. Do Pass.

HB 449. Do Pass.

Respectfully submitted,

Walker of Ben Hill, Chairman

Mr. Cox of Decatur County, acting chairman of the Committee on General Agriculture No. 2, submitted the following report:

Mr. Speaker:
Your Committee on General Agriculture No.2 has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 92. Do Pass.

Respectfully submitted,

Cox of Decatur, Acting Chairman

FRIDAY, MARCH 7, 1947

591

:VIr. Hicks of Floyd County, chairman of the Committee on General Judiciary No. 2, submitted the following report:

l\lr. Speaker:
Your Committee on General Judiciary No. 2 has had under consideration the fol lowing bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 466. Do Pass.

HB 233. Do Pass.

Respectfully submitted,

Hicks of Floyd, Chairman

.:\lr. Phillips of Columbia County, chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following bill of the House and has instructed me, as chairman,. to report the same back to the House with the following recommendations:

HB 436. Do Pass.

Respectfully submitted,

Phillips of Columbia, Chairman

.:\lr. Thompson of :Meriwether County, chainnan of the Committee on Municipal Gov ernment, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 390. Do Pass. HB 396. Do Pass. HB 406. Do Pass. HB 417. Do Pass.

Respectfully submitted,

Thompson of Meriwether, Chairman

592

JOURNAL OF THE HOUSE,

Mr. Thompson of Meriwether County, chairman of the Committee on Municipal Gov ernment, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following . bills of the House and has instructed me, as chairman, to report the same back to the
House with the following recommendations:

HB 313. Do Pass. HB 362. Do Pass. HB 310. Do Pass, as amended. HB 445. Do Pass. HB 364. Do Not Pass. HB 444. Do Pass, as amended. HB 405. Do Pass. HB 438. Do Pass. HB 433. Do Pass. HB 319. Do Pass. HB 413. Do Pass.

Respectfully submitted,
Thompson of Meriwether, Chairman

Mr. Vickers of Coffee County, chairman of the Committee on Public Property, sub mitted the following report:

Mr. Speaker:
Your Committee on Public Property has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations: .

SB 4. Do Pass.

Respectfully submitted,
Vickers of Coffee, Chairman

Mr. Chance of Twiggs County, chairman of the Committee on Public Utilities, sub mitted the following report:

Mr. Speaker:

Your Committee on Public Utilities has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 399. Do Pass.

Respectfully submitted,

Chance of Twiggs, Chairman

FRIDAY, MARCH 7, 1947

593

Mr. :\lcCracken of Jefferson County, chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 86. Do Pass, by substitute.

HB 455. Do Pass.

HB 435. Do Pass.

HB 453. Do Pass.

HB 450. Do Pass.

HB 437. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman

By unanimous consent, the following bills and resolution of the House and Senate, favorably reported, were read the second time:
SB 4. By Senator Weaver of the 51st:
A bill to be entitled an act to provide for relinquishment by the State of the areas leading from the original corporate boundaries of the City of Macon to the ten-acre lots of the Macon Reserve west of the Ocmulgee river, and lying between the fouracre lots of said Macon Reserve; and for other purposes.

SB 86. By Senators Carswell of the 17th and Darby of the 15th:
A bill to be entitled an act to amend an act entitled The Alcoholic Beverage-Control Act to forbid advertising of any sort by any licensed liquor store or by any manufacturer of alcoholic beverages controlled by this act; and for other purposes.
SB 92. By Senators Dorsey of the 32nd, Coker of the 39th, Kiker of the 41st and Mitchell of the 40th:
A bill to be entitled an act authorizing the State of Georgia to transfer by deed to the U. S. of America a tract of land approximately one-fourth of one acre in Union and Towns counties for construction thereon a lookout tower or observatory for use in detecting and suppressing fires in the national and state forests; and for other purposes.

HB233. By Mr. Leverette of Putnam:
A bill to be entitled an act to amend an act relating to grounds for total divorce; and for other purposes.

594

JOURNAL OF THE HOUSE,

HB 310. By Messrs. Hubert, Howard and McWhorter of DeKalb:

A bill to be entitled an act to amend an act creating the municipal court of Atlanta; and for other purposes.

HB313. By Messrs. Johnston and Mathis of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta; and for other purposes.

HB 319. By Mr. Tuten of Appling:
A bill to be entitled an act to amend an act creating a new charter for the City of Baxley; and for other purposes.

HB 362. By Messrs. Mathis and Johnston of Lowndes:
A bill to be entitled an act to amend 311 act establishing a public school system for the City of Valdosta; and for other purposes.

HB 390. By Messrs. Flynt and Addleton of Spalding:
A bill to be entitled an act to amend the charter of the City of Griffin; and for other purposes.

JIB 396. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to grant to the City of Columbus the power or authority to create, establish and maintain, by ordinance of the commission of the City of Columbus, a bus terminal for the use, safety and convenience of the general public; and for other purposes.

HB 399. By Messrs. Rich and Cox of Decatur and Twitty of Mitchell:
A bill to be entitled an act to provide for the securing of a certificate by carrier or public utility and for the transfer or revocation thereof; and for other purposes.

HB 405. By Messrs. Davis and Jenkins of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville; and for other purposes.

HB 406. By Mr. Yawn of Dodge:
A bill to be entitled an act to amend an act creating a new charter for the City of Eastman ; and for other purposes.

FRIDAY, 1\IARCH 7, 1947

595

HB 413. By :\lessrs. Smith and Reid of Clayton:
A bill to be entitled an act to amend an act to incorporate the Town of Forrest Park; to redefine and corporate limits of said town; and for other purposes.

HB 417. By Messrs. Arnall and Goldberg of Coweta:
A bill to be entitled an act to amend an act creating a new charter of the City of Newnan; and for other purposes./

HB 433. By Messrs. Adams and Hurt of Polk:
A bill to be entitled an act to amend an act to establish the city court of Polk county, in the City of Cedartown; and for other purposes.

HB 435. By Mr. :VIcCracken of Jefferson:
A bill to be entitled an act to repeal an act to establish, maintain and conduct in the County of Richmond a reformatory institute; and for other purposes.

HB 436. By Messrs. Phillips of Columbia, McCracken of Jefferson, Addleton of Spalding and Walker of Ben Hill:
A bill to be entitled an act to amend an act so as to enable insurance commissioner to appoint a chief deputy insurance commissioner and not more than two other deputy insurance commissioners; and for other purposes.

HB 437. By Messrs. Howard and McWhorter of DeKalb, Durden of Dougherty and Elliott of Muscogee:
A bill to be entitled an act to amend an act to authorize the public service commission to negotiate with the proper authorities of other states and consummate reciprocal agreements, whereby residents of such states operating comman or contract motor carriers licensed in their respective states may be granted privilege and exemption of the operation of said motor vehicles in this State as residents of this State may have and enjoy in the said other States in the operation of motor vehicles duly licensed in this State.

HB 438. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A bill to be entitled an act to amend an act to re-enact the charter of the City of Macon; and for other purposes.

HB 439. By Mr. Nightingale of Glynn:
A bill to be entitled an act to amend an act relating to the duty of game protectors and officers to confiscate devices used illegally and in violation of game laws; and for other purposes.

596

JOURNAL OF THE HOUSE,

HB 440. By Mr. Lewis of Greene:

A bill to be entitled an act to amend an act which exempts certain persons from purchasing annual fishing licenses; and for other purposes.

HB444. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to be entitled an act to amend the charter of the Town of Doraville; and for other purposes.

HB 445. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to amend the charter of the City of Stone Mountain; and for other purposes.

HB 449. By Messrs. Hobby and Crowe of Worth and Hardin of Turner:
A bill to be entitled an act to prohibit the hunting or killing of wild deer or wild turkey in the counties of Turner and Worth; and for other purposes.

HB 450. By Messrs. Yawn of Dodge, Coogle of Macon, Crowe and Hobby of Worth, Etheridge of Baker and Twitty of Mitchell:
A bill to be entitled an act to amend an act providing for the establishment as a separate and distinct agency of the State of Georgia the office of supervisor of purchases; and for other purposes.

HB 453. By Messrs. Harrison of Jenkins, Crowe of Worth and Smith of Carroll:
A bill to be entitled an act to reorganize the department of mines, mining and geology; and for other purposes.

HB 455. By Mr. McCracken of Jefferson:
A bill to be entitled an act to protect the public from poisonous exterminators and insecticides; and for other purposes.

HB 465. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus, so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city; and for other purposes.

FRIDAY, MARCH 7, 1947

597

HR 92-465A. By Messrs. Elliott, Holleman and Shields of Muscogee:
A resolution proposing to the qualified voters of the State of Georgia an amendment so as to provide that the General Assembly of Georgia shall be authorized to pass a special act or acts to merge the existing independent school system of the City of Columbus and the existing school district in the County of Muscogee lying outside the corporate limits of said city into one school district or system co-extensive with the limits of said county; and for other purposes.

HB 466. By Mr. Covington of Floyd:
A bill to be entitled an act to amend an act by re-designating certain subdivisions and by permitting a corporation to receive property on the complete liquidation of a subsidiary corporation without realizing any taxable gain or loss provided the parent is the owner of stock in the subsidiary possessing at least 8- per centum of the total combined voting power; and for other purposes.

By unanimous consent, the action of the House in passing the following bill of the Senate was reconsidered:
SB 25. By Senators Mitchell of the 40th, Woodall of the 25th, Dorsey of the 32nd and Huckeba of the 37th:
A bill to be entitled an act to authorize and empower the State board of education to set up and operate residential schools for delinquent children of public school age; and for other purposes.

The following resolution was read and adopted:
HR 93. By Messrs. Vandiver, Wilson and Kemper of Bibb: A resolution of the General Assembly to memorialize the national Congress to continue the national school lunch program; and for other purposes.

The following report of the Committee on Rules was submitted and read:
Mr. Speaker: Your Committee 'on Rules, having had under consideration the fixing of a calendar
for today's business, has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. HB 162. Salaries of school bus drivers. 2. HB 176. Duties of county board of education. 3. HR 41-183A. Sale of State property at Milledgeville. 4. HB 184. Regulation of dangerous drugs. 5. HB 185. Druggists license and regulation.

598

JOURNAL OF THE HOUSE,

6. HB 204. Re-establishing district trustees in the county. 7. HB 212. Authorizing insurance companies to hold real property. C. HB 213. Organization of insurance companies. 9. HR 12-12C. Election of Governor by county unit system in general election. 10. HB 223. Indigent veterans license exemption. 11. HR 50-236A. Qualification of electors. 12. HB 8"1. Shorthand reporters. 13. HB 242. Insurance code amendment. 14. HB 243. State rate bureau on insurance (casualty). 15. HB 244. State rate bureau on insurance (marine). 16. HR 10-12A. Election of Governor by county unit system in case of death of Gov-
ernor-elect . .17. HB 265. Issuance of baby bonds. 18. HB 66. Newspaper libel law. 19. HR 57-283:\. Constitutional amendment providing that no person can ever serve but
one term as Governor. 20. HB 141. Sunday movies. 21. HB 174. Warrant of appraisement. 22. HB 175. Distribution in kind.
All general bills with local application will be called up for vote by the speaker in any order that he desires.
The Rules Committee authorizes the speaker to call up any bill herein set forth in any order that he desires.
Elliott of Muscogee, Vice-Chairman

The following resolution of the House was taken up for consideration and read the third time:
HR82-389a. By Messrs. Evitt of Catoosa, Ray of Warren, Jenkins of Bartow, Elliott of Muscogee and Hinson of Ware:
A resolution in reference to the relocation of the track and right of way of the Western & Atlantic Railroad between certain mile posts in Bartow county; and for other purposes.
The resolution was adopted.

FRIDAY, MARCH 7, 1947

599

The following. resolution of the Senate was read and adopted:

SR 17. By Senator Woodall of the 25th:
A resolution creating a special joint committee for the purpose of studying fire protection and the safeguarding of human lives; and for other purposes.

Under the provlSlons of SR 17, the speaker appointed as a committee on the part of the House, the following members of the House:
Messrs. McMillan of Washington, Harrison of Jenkins, Smith of Fulton, Smith of Emanuel, and Gowen of Glynn.

By unanimous consent, the following bill of the Senate was withdrawn from the Committee on Temperance, read the second time, and recommitted:
SB. 90. By Senators Tippins of the 48th and. Bush of the 8th:
A bill to be entitled an act to amend an act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes; and for other purposes.

The following resolution of the House was taken up for consideration and read the third time:
HR 42-203a. By Mr. Hefner of Pickens: A resolution to authorize the State librarian to furnish Pickens county with certain enumerated law books; and for other purposes.
The resolution was adopted.

The following resolution of the House was taken up for consideration and read the third time:
HR 44-207a. By Messrs. Wells and Joel of Clarke: A resolution authorizing the State librarian to furnish to the superior court of Clarke county, certain volumes of law books; and for other purposes.
The resolution was adopted.

600

JOURNAL OF THE HOUSE,

The following hills of the House were taken up for consideration read the third time:

HB268. By Messrs. Smith of Emanuel, Sills of Candler, McMillan and Moye of Washing ton, and othen:
A hill to he entitled an act to amend an act providing for a salary of $200 per month for the official court reporter of the Middle 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 hill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 230. By Messrs. Howard, Hubert aild McWhorter of DeKalb, Mann of Rockdale, Camp bell of Newton and Smith of Clayton:
A hill to be entitled an act to amend an act fixing the salary of the solicitor gen eral of the Stone Mountain judicial circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were .103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following resolution was read and adopted:
HR 94. By Mr. Elliott of Muscogee: A resolution to provide for the payment to Honorable Ed Knight, Representative of Gilmer county, for the entire session; and for other purposes.

The following resolutions of the House were taken up for consideration and read the third time:
HR 62303h. By Mr. Rowland of Johnson: A resolution authorizing the State librarian to furnish certain volumes to the clerk of the superior court of Johnson 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, nays 0.
The resolution was adopted.

FRIDAY, MARCH 7, 1947

601

HR 65-334b. By Mr. Mathis of Lowndes:

A resolution in reference to the leasing of a tract of land owned by the State of Georgia in Lowndes county, upon which the State operates a fanners market; 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, nays 0.

The resolution was adopted.

By unanimous consent, the following bill of the House was recommitted to the Committee on General Judiciary No. 2:
HB 466. By Mr. Covington of Floyd:
A bill to be entitled an act to amend the Code of Georgia in reference to permitting a corporation to receive property on the complete liquidation of a subsidiary corporation, without realizing any taxable gain or loss; and for other purposes.

The following resolution was taken up for consideration and read the third time:
HR 88-426a. By Messrs. Smith and Reid of Carroll, Murphy of Haralson, Caswell of Heard, Bagby of Paulding, Adams and Hurt of Polk and Fowler of Douglas:
A resolution authorizing and empowering the director of the department of State parks to purchase the Waco military reservation from the U. S. government; and for other purposes.
The resolution was adopted.

The following resolution was read and adopted:

HR 95.

By Messrs. Smith of Chatham, Overby of Hall, Neel of Thomas, Williams of Ware, Hicks of Floyd, Ramsay of Stephens, Covington of Floyd, Evans and Skinner of Chatham, Twitty of Mitchell, Cox and Rich of Decatur, Hand of Mitchell and Sabados of Dougherty:

A resolution to authorize the Governor of Georgia to receive an appropriate memorial commemorating certain deceased members of Hi-Y and Tri-Hi-Y Clubs; and for other purposes.

602

JOURNAL OF THE HOUSE,

The following veto message from Governor Herman E. Talmadge was read:

VETO MESSAGE

TO THE GENERAL ASSE:\IBLY OF GEORGIA:
House Bill No. 68 was transmitted to the Executive Department on the 26th day of February, 1947, after duly passing the House and Senate. This act seeks to prohibit and to regulate within the territorial limits of any county in this State having a population of between 81,000 and 82,000, according to the United States census of 1940, or by any future United States census, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; to restrict the handing out of cards or pamphlets for any person or proposition to be voted on; to provide for police protection at the polls in the county outside the limitation of municipality; to provide penalties for the violation of the act, and other purposes.
In section "2'' of this act it i& specifically provided that on the day before each election or primary, general or special, that the police department of any incorporated town and the sheriff of any county where the act applies, shall estab. ]ish a point not less than two hundred (200) feet from all places selected or designated as the voting or polling place in each voting precinct in such counties and at such measured points shall paint or mark white lines on the street or otherwise suitably desil(nate <;uch points and the area within such lines or desig nations next to the vo;>ting or polling place shall be known as the "no solicitation of votes zone" on the day of the election.
Other provisions, of the act make it a misdemeanor for any person between the hours of 7:00 A. M. to 7:00 P. M. on the day in which an election or primary, general or special, is held in such counties, to solicit within the area designated the "no solicitation of votes zone" in any manner or means whatsoever, other persons to vote for or against any candidate or proposition to be voted on that day. The act also makes it a misdemeanor for any person between the hours named on the day of the primary, general or special election, to loiter within the designated area or to hand O!Jt cards or pamphlets or carry banners for or against any person or proposition to be voted on. It also provides that it shall be the duty of the chief of police in the incorporated towns and the sheriff and peace officer of such county, to assign at least one police officer to be present at each voting place and each voting precinct on the day of the primary or election.
It can thus be clearly seen that the purpose and intention of this act is to regulate not only general and special elections in the counties designated, but seeks to control and regulate the primaries in such counties, and if the same were approved by me would nullify the recently enacted white primary law in counties of this State having a population of not less than 81,000 nor more than 82,000 according to the United States census of 1940. I especially call your attention to section 50 of the white primary law which you have just enacted, which provides as follows:
"Section 50. That all municipal ordinances, and all laws, whether general, special or -local, including provisions and amendments to municipal charters in any way regulating or having anything to do with primary elections by political parties in this State are hereby declared to be null, void and of no effect, with the exception of the provisions relating to frauds in the code sections named in the section immediately preceding this section. Whenever

FRIDAY, MARCH 7, 1947

603

any law not specifically hereinbefore identified shall relate to primary elections and also to general and special elections said law is not repealed in its entirety but only the language, terms or provisions ~hereof making said laws applicable to primary elections shall be repealed and said laws shall continue in full force and effect as to all general and special elections."

In view of the provisions of the recently enacted primary law which repealed State laws as to primaries, and of the decision of Judge Samuel H. Sibley of the United States Court of Appeals in the Primus King case which pointed the way to have a white primary in Georgia, that is, by divorcing the primaries from State laws and regulations, it is, therefore, my duty and I have this the 3rd day of March, 1947, vetoed said bill and herewith return the same to you.

Herman E. Talmadge, Governor.

Mr. Sabados of Dougherty arose to a question of personal privilege.

The following report of the Committee on Rules was submitted and read:
Mr. Speaker: Your Committee on Rules amends the calendar for today's session by adding at the
top of the calendar HB 415, the Income Ta'i!: Bill. Respectfully submitted, Elliott of Muscogee, Vice-Chairman

The speaker ordered the clerk to read the following bill of the House:
HB 415. By Mr. Lovett of Laurens:
A bill to be entitled an act to amend the Code of Georgia of 1933, pertaining to income taxes, rate of taxation of individuals; and for other purposes.
~fr. Harrison of Jenkins moved that further consideration of HB 415 be postponed until Tuesday, March 11, 1947, immediately following the expiration of the period of unanimous consents.
On the motion to postpone, the ayes were 51, nays 12.
Mr. Elliott of ~fuscogee moved that the House do now adjourn until Monday morning, March 10, 1947, at 10 o'clock, and the motion prevailed.
The speaker announced the House adjourned until Monday morning, March 10, 1947, at 10 o'clock, and HB 415 went over until that time under the order of unfinished business.

604

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Monday, March 10, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. J. C. Wilkinson, pastor First Baptist Church, Athens, Georgia.
By unanimous consent, the call of the roll was dispensed with.
~lr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of last 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:
'
l. Introduction of hills and resolutions under the rules of the House. 2. First reading and reference of hills and resolutions. 3. Reports of standing Committees. 4. 5econd reading of hills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

The following message was received from the Senate through .\Irs. Nevin, the secretary thereof:
.\Ir. Speaker: The Senate has passed by the requisite constitutional majority the following bills of
the Senate, to wit:
SB 54. By Senator Millican of the 52nd: .-\ bill to regulate the practice of architecture in this State; and for other purposes.

SB 75. By Senators Wideman of the 46th and Howard of the 3rd:
A bill to be entitled an act to provide State-wide forest fire protection; to give State director of forestry additional and cumulative powers and to define such powers; etc.; and for other purposes.

MONDAY, MARCH 10, 1947

605

SB 91. By Senator Dean of the 34th:
A bill to be entitled an act to amend an act creating the office of commissioner of roads and revenues for the County of Rockdale; and for other purposes.

SB 99. By Senator Millican of the 52nd:
A bill to be entitled an act to create in every county in this State having a population of 300,000 or more inhabitants according to the U. S. census for 1940, or any future U. S. census, a stadium authority for said county; and for other purposes.

SB 100. By Senator Millican of the 52nd:
A bill 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 101. By Senator Tarbutton of the 20th:
A bill to be entitled an act to define and broaden the use of right of ways granted for highways and to lessen the surface use thereof and to permit the use of the same for pipe lines to transport clay from the mine to refining plants; to give the State highway department jurisdiction over the construction and maintenance of said pipe lines; and for other purposes.

SB 105. By Senator Mason of the 30th:
A bill to be entitled an act to amend an act creating a comnusswner and a board of finance for Hart county approved January 31, 1946, to prescribe the manner of election of such commissioner and members of said board, to define their duties and powers, provide for the salary of each, fix their term of office; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:
HB 34. By Mr. Jones of Brantley:
A bill to be entitled an act to provide for holding 4 terms a year of the superior court of Brantley county; and for other purposes.

HB 119. By Messrs. Cates and Bargeron of Burke:
A bill to be entitled an act to empower the several hospital authorities of the State of Georgia created by and under hospital authorities law; and for other purposes.

HB 156. By Mr. Smith of Oayton:
A bill to be entitled an act to amend an act to create a commissioner of roads and revenues of Clayton county, Georgia; and for other purposes.

606

JOURNAL OF THE HOUSE,

HB 157. By Mr. Smith of Clayton:

A hill to he entitled an act to amend the act abolishing the office of tax collector and the office of tax receiver of Clayton county; and for other purposes.

HB 158. By Mr. Smith of Clayton:
A hill to he entitled an act to create and establish for Clayton county a county planning commission and hoard of zoning appeals; and for other purposes.

HB 227. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A hill to he entitled an act establishing the criminal court of Fulton county, by fixing the salary of the solicitor general of said court; and for other purposes.

HB 251. By Mr. Gary of Quitman:
A bill to be entitled an act to repeal an act to create a board of commissioners of roads and revenues for the County of Quitman; and for other purposes.

HB 270. By Mr. Yawn of Dodge:
A hill to he entitled an act to amend section 2 of an act approved March 24, 1933. Ga. Laws 1933, pp. 506-509, being an aet to consolidate the offices and duties of tax receiver and tax collector of Dodge county; and for other purposes.

HB 271. By Mr. Witherington of Wilcox:
A hill to he entitled an act to create a hoard of commissioners of roads and reve nues in and for the County of Wilcox; and for other purposes.

HB 284. By Mr. Smith of Chatham:
A hill to he entitled an act to name and fix the terms of the superior court of Chatham county; and for other purposes.

HB 285. By Messrs. Smith, Evans and Skinner of Chatham:
A hill to he entitled an act to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all municipalities and cities in the State of Georgia having a population of not less than 85,000 inhabitants and not more than 200,000 inhabitants; and for other purposes.

MONDAY, MARCH 10, 1947

607

HB 286. By Messrs. Smith, Evans and Skinner of Chatham:
A bill to be entitled an act to provide for the use of voting machines for casting, regi,;tering, recording and computing ballots or votes at all elections in any an'd all counties in the State of Georgia having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the U. S. census of 1940; and for other purposes.

HB 322. By ::\Ir. Coogle of Macon: A bill to be entitled an act to rep<"al an act approved August 22, 1907, etc., entitled an act to establish a city court of Oglethorpe; and for other purposes.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 469. By Messrs. Kendrick, Etheridge, and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; to extend city limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 470. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to amend an act to establish a new charter for the City of Atlanta; to extend city limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 471. By ::\1essrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act creating a civil court of Fulton county by setting the salary of the chief judge of said court; and for other purposes.
Referred to Committee on Municipal Government.

HB 472. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act relating to councilmen and aldermen being able to hold other positions; to apply to all cities having a population of 250,000 or more; and for other purposes.
Referred to Committee on Municipal Government.

HB 473. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to he entitled an act to amend an act to create a new charter for the City of East Point; to extend city limits; and for other purposes.
Referred to Committee on Municipal Government.

608

JOURNAL OF THE HOUSE,

HB 474. JJy Mr. Nightingale ol Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick; to extend the present corporate limits of the city; and for other purposes.

Referred to Committee on Municipal Government.

HB475. By Messrs. Cochran and Neel of Thomas: A bill to be entitled an act to amend the charter of the Town of Meigs; to provide for extension of the present corporate limits of said town; and for other purposes.
Referred to Committee on Municipal Government.

HB 476. By Mr. Pulliam of Elbert:
A bill to be entitled an act to increase the fees of coroners for services in connec tion with the holding of inquests in counties having a population of not less than 19,618 and not more than 19,700; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 96476A. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution proposing a constitutional amendment to permit Fulton county to collect business licenses; and for other purposes.
Referred to Committee on Amendments to Constitution No. l.

HR 97476B. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution proposing a constitutional amendment authorizing and ratifying exten sion of civil service system in Fulton county; and for other purposes.
Referred to Committee on Amendments to Constitution No. l.

HB 477. By Messrs. Jordan and Dobbs of Gwinnett:
A bill to be entitled an act to amend an act to fix the salary of the treasurer of Gwinnett county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB47~. By Messrs. Mavity and Crow of Walker:
A bill to be entitled an act to create a new charter and municipal government for the City of Rossville; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, MARCH 10, 1947

609

HB 479. By :Messrs. Adams and Hurt of Polk:
A bill to be entitled an act to amend the charter of the City of Cedartown; to provide for the annexation of additional territory in. the City of Cedartow'n; and for other purposes.

Referred to Committee on Municipal Government.

HB 480. By Mr. Joel of Clarke:
A bill to be entitled an act to amend an act to provide for the establishment of a department of labor; to create the Georgia State unemployment service; and for other purposes.
Referred to Committee on State of Republic.

HB 481. By Messrs. Nightingale and Gowen of Glynn:
A bill to be entitled an act to amend an act creating the board of commissionersof roads and revenues for Glynn county, so as to authorize said commissioners to levy a tax for school purposes; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 482. By Mr. Morrison of Montgomery:
A bill to be entitled an act to amend an act to incorporate the Town of Ailey; and for other purposes.
Referred to Committee on Municipal Government.

HB 483. By Mr. Twitty of Mitchell:
A bill to be entitled an act to provide for the safety of life and property and to create a board of boiler rules which shall formulate rules and regulations for the safe construction, installation, repair, use and operation of boilers and unfired pressure vessels; and for other purposes.
Referred to Committee on Amendments to Constitution No. I.

HR 98-483A. By Messrs. McWhorter, Hubert and Howard of DeKalb:
A resolution proposing to the qualified voters of Georgia an amendment so as to authorize and provide that the county board of education of DeKalb 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 for other purposes.
Referred to Committee on Amendments to Constitution No. I.

610

JOURNAL OF THE HOUSE,

HB 48'4. By Mr. Twitty of Mitchell:
A bill to be entitled an act to authorize the comptroller general to prescribe uni form regulations in this State for safety in design, .construction, location, installation and operation of equipm~nt for storing, handling, transporting by tank truck or trailer and utilizing liquefied petroleum gases for fuel purposes; and for other purposes.

Referred to Committee on Amendments to Constitution No. I.

HB 485. By Messrs. Salter and Freeman of Upson:
A bill to be entitled an act to amend an act to amend, consolidate and supersede the several acts incorporating the City of Thomaston; and for other purposes.
Referred to Committee on Municipal Government.

HB486. By Mr. Wells of Clarke:
A bill to be entitled an act to prohibit and regulate within the territorial limits of any county in this State having a population of between 28,390 and 29,000 the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 487. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to amend an act relating to the amount of flour, grits, and corn meal to be packed in barrels and sacks; and for other purposes.
Referred to Committee on General Agriculture No. I.

HB 488. By Messrs. Wilson. Vandiver and Kemper of Bibb:
A bill to be entitled an act to amend an act establishing a charter for the City of Macon, prohibiting affiliations by members of the police or fire departments with another organization which holds, claims or exercises the right to demand of its membership obedience to an order of strike for any cause; and for other purposes.
Referred to Committee on Municipal Government
.
HB 489. By Messrs. Elliott. Holleman and Shields of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus; to extend the corporate limits of said city; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, MARCH 10, 1947

611

HB 490. By Messrs. Hill and Thompson of Meriwether, Kenimer of Harris and Callier of Talbot:
A bill to be entitled an act to establish a planning district for Meriwether, Harris and Talbot counties; and for other purposes.

Referred to Committee on Municipal Government.

HB 491. By Mr. Swindle of Berrien: :\ bill to be entitled an act to amend an act creating a hoard of commissioners of roads and revenues of Berrien county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 492. By Mr. Swindle of Berrien: A bill to be entitled an act to amend an act creating a board of commissioners of roads and revenues of Berrien county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 493. By Mr. Bradley of Tattnall: A bill to be entitled an act to incorporate the City of Reidsville; and for other purposes.
Referred to Committee on Municipal Government.

HB 494. By Messrs. Smith, Skinner and Evans of Chatham:
A bill to be entitled an act to authorize the officers of any county in this State having a population of not less than 115,000 and not more than 170,000, to install and use photostatic equipment or other photographic equipment in recording and copying records and in furnishing copies thereof; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Kenimer of Harris County, chairman of the Committee on Education No. 1, submitted the following report:

:\h. Speaker:
Your Committee on Education No. 1 has had under consideration the following hill of the House and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HB 431. Do Pass.

Respectfully submitted,
Kenimer of Harris, Chairman

612

JOURNAL OF THE HOUSE,

Mr. Cox of Decatur County, acting chairman of the Committee on General Agriculture No. 2, submitted the following report:

Mr. Speaker:
Your Committee on General Agriculture No. 2 has had under consideration the fol lowing hills of the House and has instructed me, as acting chairman, to report the same hack to the House with the following recommendations:

HB 307. Do Pass.

HB 454. Do Pass.

Respectfully submitted,

Cox of Decatur, Acting 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 has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 424. Do Pass.

SB 74. 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 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 466. Do Pass, by substitute.

Respectfully submitted,

Hicks of Floyd, Chairman

MONDAY, MARCH 10, 1947

613

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

HB424. By Mr. Rowland of Johnson:
A bill to be entitled an act to give protection to the traveling public for the negligence of counties, construction companies, either corporations or partnerships and individuals, in building or repairing bridges and public roads in the respective counties in which such roads are located, and to provide for damages for such delinquent acts by said parties; and for other purposes.

HB 431. By Mr. Kenimer of Harris:
A bill to be entitled an act to require county boards of education, county authorities, boards of education of independent systems and other employers of school teachers, to deduct and collect from each teachers salary the amount provided in the teacher retirement act; and for other purposes.

HB 307. By Messrs. Johnston of Lowndes, Swindle of Berrien, Mathis of Lowndes, Higgs of Atkinson, Bruton of Cook, Knabb of Charlton and Padgett of Echols:
A bill to be entitled an act to prevent and prohibit the adulteration of spirits of turpentine and naval stores; and for other purposes.

HB 466. By Mr. Covington of Floyd:

A bill to be entitled an act to amend an act by re-designating certain subdivisions,

permitting a corporation to receive property on the complete liquidation of a sub-

sidiary corporation without realizing any taxable gain or loss provided the parent

is the owner of stock in the subsidiary possessing at least 80 per centum of the

total combined voting power of all classes of stock entitled to vote and is the

owner of at least 80 per centum of the total number of shares of all other classes

of stock; and for other purposes.

By unanimous consent, the following bills of the House and Senate were read the third time, and placed upon their passage:
HB 319. By Mr. Tuten of Appling: A bill to be entitled an act creating a new charter for the City of Baxley; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

614

JOURNAL OF THE HOUSE,

HB 310. By Messrs. Hubert, Howard and MeWhorter of DeKalb:
A bill to be entitled an act to amend an act creating the municipal court of Atlanta; and for other purposes.

The following committee amendment to HB 310 was adopted:
The committee on Municipal Government amends HB 310 as follows:
By striking from the second line of section 3(f) as found on page 6 of said HB 310, the word "is" and the words "are more", and substituting in lieu thereof the word "exceeds", so that said act when amended will read as follows:
"(f) In all cases wherein the amount involved, exclusive of interest, attorney's fees, and costs, exceeds $300.00, the order overruling or refusing the motion for a new trial, or the final order or judgment of the trial court, as the case may be, shall be subject to review by bill of exceptions to the Court of Appeals or the Supreme Court, in the same manner judgments and orders of the superior courts are now reviewed, and in such cases the trial judge shall have the same powers and duties respecting supersedeas as the judges of the superior courts now have, except that the bill of exceptions shall be presented to the trial judge within fifteen (15) days from the date of the ruling complained of, and filed and docketed with the judge or the clerk of civil court of DeKalb county."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 313. By Messrs. Johnston and Mathis of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 362. By Messrs. Johnston and Mathis of Lowndes:
A bill to be entitled an act to amend an act establishing a public school system for the City of Valdosta; and for other purposes.
The report 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.

MONDAY, MARCH 10, 1947

615

HB 390. By Messrs. Flynt and Addleton of Spalding:
A bill to be entitled an act to amend the charter of the City of Griffin, in 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 107, nays 0.

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

HB 396. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to grant to the City of Columbus, Georgia, the power or authority to create, establish and maintain, by ordinances of the commission of the City of Columbus, a bus terminal, 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 405. By Messrs. Davis and Jenkins of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville, in Bartow county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB406. By Mr. Yawn of Dodge:
A bill to be entitled an act to amend an act which creates a new charter for the City of Eastman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

616

JOURNAL OF THE HOUSE,

HB 413. By Mr. Smith of Clayton:
A bill to be entitled an act to amend an act entitled an act to incorporate the Town of Forrest 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 Ill, nays 0.

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

HB 417. By Messrs. Arnall and Goldberg of Coweta:
A bill to be entitled an act to amend an act of the General Assembly of Georgia, entitled an act to create a new charter for the City of Newnan; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were ll2, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 433. By Messrs. Adams and Hurt of Polk:
A bill to be entitled an act to amend an act entitled an act to establish the city court of Polk county, in the City of Cedartown; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were ll3, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 438. By Messrs. Wilson, Kemper and Vandiver of Bibb:
A bill to be entitled an act to amend an act entitled an act to reenact the charter of the City of Macon contained in the act approved August 17, 1914; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were ll4, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 10, 1947

617

HB444. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to be entitled an act to amend the charter of the Town of Doraville; and for other purposes.

The following committee amendment was read and adopted:
AMENDMENT TO HB 444
The Committee on Municipal Government moves to amend HB 444:
By adding the following section thereto, to be known as section II (a), and reading as follows:
"Section II (a). Be it further enacted by the authority aforesaid, that the corporate limits of the City of Doraville may be extended at any time by ordinance upon the following conditions:
A correct plat of the territory proposed to be annexed shall be made and the mayor and council may call an election to determine whether or not said territory shall be annexed. A copy of the proclamation calling such election shall be published once a week for the three (3) weeks immediately preceding such election in the newspaper in which sheriff's advertisements are published in DeKalb county, and a copy of the proclamation calling such election shall be posted at the city hall of the City of Doraville, and in at least two (2) conspicuous places in the territory proposed to be annexed at least twenty days before the date of such election. The city commission of the City of Doraville shall have authority to provide the form of ballots to be used in such election and such election shall be held in the same manner as other elections of said city. Land owners in the territory proposed to be annexed may vote; the owner of the fee simple title to that tract of land being entitled to one vote. If a majority of those voting in said election vote in favor of annexation, such territory shall be annexed to and become a part of the City of Doraville. If a majority. of those voting in such election vote against annexation, such territory shall not become a part of the City of Doraville."
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 ll5, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 445. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to amend the charter of the City of Stone Mountain; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

618

JOURNAL OF THE HOUSE,

HB449. By Messrs. Hobby and Crowe of Worth and Hardin of Turner:
A bill to be entitled an act to prohibit the hunting or killing of wild deer or wild turkey in the counties of Turner and Worth in the State of Georgia for a period of five years; and for other purposes.

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

On the passage of the bill, the ayes were 117, nays 0.

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

HB 4Q5. By l\Iessrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act amending an act entitled an act to amend the charter of the City of Columbus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 353. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act pertaining to pensions for members of police and fire departments in counties of a certain population by providing for the transfer from municipal fire and police departments to county fire and police departments; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, the ayes were 119, nays 0.
The hill, having received the requisite constitutional majority, was passed.

SB 34. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act entitled an act to provide that counties having a certain population shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries, now in active service; and for other purposes.
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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 10, 1947

619

SB 35. 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 of Fulton county to establish a pension fund; and for other purposes.

The report 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, nays 0.

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

SB47. By Senator Millican of the 52nd:
A bill to be entitled an act to amend title 36, code of 1933, by adding a provision for condemnation of property which shall be applicable to all municipalities and counties of more than 250,000 according to last or future federal census; and for other purposes.

The following amendment was read and adopted:
Messrs. Kendrick, Etheridge and Smith of Fulton move that SB 47 be amended as follows:
(a) By striking from said bill sections 1, 7, 11, 21 and 24 in their entirety and inserting in lieu thereof the following correspondingly numbered sections.
"Section 1. The terms and provisions of this act shall be applicable to all municipalities and/or counties in the State having a population of more than 250,000 according to the last or any future federal decennial census, and all shall be deemed to be a supplemental plan for the condemnation of property by such cities and counties, and to that extent an amendment to title 36, Code of Georgia, relating to eminent domain. Its provisions shall not apply to any public housing authority."
"Section 7. The court shall also direct service of a copy of said order of citation before the return date of said order upon each of the persons named therein who is, so far as ascertainable by reasonable inquiry, residing or sojourning at the time within the county in which such real property is located. The court shall also require a copy of said order of citation to be mailed by the clerk of the superior court by registered maU, postpaid, to such of the persons named therein as may be shown by said petition or affidavit to be non residents of the county in which such real property is located, such copy to be addressed to such persons at their last known places of residence."
"Section 11. The petitioner may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the authority empowered by law to acquire the lands described in the petition, declaring that said lands are thereby taken for the use of the acquiring authority. Said declaration of taking shall contain or have annexed thereto:
(l) A statement of the authority under which and public use for which said lands are taken.

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(2) A description of the lands taken sufficient for the identification thereof.
(3) A statement of the estate or interest in said lands taken for said public use.
(41 A plan showing the lands taken and the public work to be effected.
(5) A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken.
(6) A statement and description of those lands not to be taken against which it is proposed that consequential benefits be assessed.
Upon the filing of said declaration of taking and of the deposit in the registry of the court, to the use of the persons entitled thereto, of the amount of the esti mated compensation stated in said declaration and upon the tentative approval of the court subject to the verdict of the jury and the final judgment of the court of the amount estimated as compensating, title to the said lands in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the acquiring authority, and said lands shall be deemed to be con. demned and taken for the me of the acquiring authority, and the right to just compensation for the same shall vest in the persons entitled thereto; and said compensation shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensation awarded, intere!'t at the rate of 6 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment. No sum so paid into the registry shall be charged with commissions or poundage.
Upon the application of the parties in interest or upon the court's own motion, the court may order that the money deposited in the registry of the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceeding. If the compensation finally awarded in respect of said lands or any parcel thereof shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the acquiring author ity for the amount of the deficiency.
Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable."
"Section 21. If the jury finds in favor of the acquiring authority and against the property of any party at interest for consequential benefits or for consequential bene fits in excess of consequential damages, no judgment shall be rendered against said party in personam but the court shall, subject to its power to set aside or vacate the verdict of the jury, decree such amount as a lien against the property benefited. Such lien may not be enforced until the completion of the proposed public works, but thereafter if the amount of such lien be not paid, on motion of the acquiring authority and on notice to the owner of record and any person in possession of the property the court shall order said lien to be foreclosed and the property sold at public outcry to satisfy said lien. Execution shall issue and be levied and the property sold as in other cases of sheriff's sales except that no deficiency judg ment shall be rendered against the former owner of said property. The purchasers at such sale shall acquire fee simple title free and clear of all liens except for taxes. Such liens other than taxes will be deemed to he transferred to the excess, if any, of the selling price of the property over the amount of the lien or the acquiring authority."

MONDAY, MARCH 10, 1947

621

"Section 24. Payment into the registry of the court for the use of all parties entitled of the sum of money adjudged to be just compensation for the lands to be condemned and taken, or for any parcel thereof, or any interest therein, shall constitute payment of such compensation. Upon such payment, the petitioner shall be entitled to an order declaring that the title to the lands in respect of which such compensation is so paid is vested in the acquiring authority. The money so paid into the registry of the court shall be deemed to be vested in the persons owning or interested in said lands, according to their respective estates and interests, and said money shall take the place and stand in lieu of the lands condemned. The court, upon the application of the petitioner or of any party in interest or on its own motion, shall have power to determine and direct who is entitled to receive payment of the money so paid into the registry, and may, in its discretion, order a reference to an auditor or a special master to ascertain the facts on which such determination and direction are to be made. Exceptions of fact or of law to the report of such auditor may be filed and disposed of as in other cases."

(b) By striking from section 12 the last sentence thereof.

(c) By striking from section 14 the last clause thereof which consists of all words following the semi-colon.

(d) By striking from section 15 the words in the last sentence thereof "whether petitioner or respondent".

(e) By adding to section 20, following the last word thereof and before the period the words "or as consequential damages".

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, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended
.
SB 23. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act entitled an act to amend an act abolishing the fee system existing in the superior court of the Atlanta judicial circuit as applied _to the office of the solicitor-general of said 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 123, nays 0.

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

SB 80. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act of 1937 pertaining to garbage disposal act in counties of 200,000 or more according to 1930 or any future U. S. census; 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 hill, the ayes were 124, nays 0.
The hill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following hills of the Senate were read the first time, and referred to the committees:
SB 54. By Senator Millican of the 52nd: A hill to he entitled an act to regulate the practice of architecture in this State; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 75. By Senators Wideman of the 46th and Howard of the 3rd:
A hill to he entitled an act to provide State-wide forest fire protection; to give State director of forestry additional and cumulative powers and to define such powers, etc.; and for other purposes.
Referred to Committee on Conservation.

SB 91. By Senator Dean of the 34th: A hill to he entitled an act to amend an act creating the office of commissioner of roads and revenues for the County of Rockdale; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 99. By Senator Millican of the 52nd:
A hill to he entitled an act to create in every county in this State having a population 300,000 or more inhabitants according to the United States census for 1940, or any future census, a stadium authority for said county the members of which are to he appointed by the hoard of commissioners of roads and revenues of such county; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 100. By Senator Millican of the 52nd:
A hill to he entitled an act to amend an act authorizing the hoard 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.
Referred to Committee on Counties and County Matters.

MONDAY, MARCH 10, 1947

623

SB 101. By Senator Tarbutton of the 20th:
A bill to be entitled an act to define and broaden the use of right of ways granted for highways and to lessen the surface me thereof and to permit the use of the same for pipe lines to transport clay from the mine to refining plants; to give the State highway department jurisdiction over the construction and maintenance of said pipe lines; and for other purposes.
Referred to Committee on Special Judiciary.

SB 105. By Senator Mason of the 30th:
A bill to be entitled an act to amend an act creating a commissiOner and a board of finance for Hart county approved January 31, 1946, to prescribe the manner of election of such commissioner and members of said board, to define their duties and powers, provide for the salary of each, fix their term of office; and for other purposes.
Referred to Committee on Counties a,pd County Matters.

The following report of the Committee on Rules was submitted and read:
Mr. Speaker: Your Committee on Rules, having had under consideration the fixing of a calendar for
today's business, has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
I. HB 162. Salaries of school bus drivers. 2. HB 176. Duties of county board of education. 3. HR 41-183A. Sale of State property at Milledgeville. 4. HB 184. Regulation of dangerous drugs. 5. HB 185. Druggists license and regulation. 6. HB 204. Re-establishing district trustees in the county. 7. HB 212. Authorizing insurance companies to hold real property. 8. HB 213. Organization of insurance companies. 9. HR 12-12C. Election of Governor by county unit system in general election. 10. HB 223. Indigent veterans license exemption. 11. HR 50-236A. Qualification of electors. 12. HB 81. Shorthand reporters. 13. HB 242. Insurance code amendment. 14. HB 243. State rate bureau on insurance (casualty). 15. HB 244. State rate bureau on insurance (marine).

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JOURNAL OF THE HOUSE,

16. HR 10-12A. Election of Governor by county unit system in case of death of Gov ernor-elect.
HB 308. Corporations-change of home office.
17. HB 265. Issuance of baby bonds.
HB 299. Surety bonds for county officials.
18. HB 66. Newspaper libel law.
19. HR 57-283A. Constitutional amendment providing that no person can ever serve but one term as Governor.
HB 175.
HB 174.
20. HB 141. Sunday movies.
HB 182.
All general bills with local application will he called up for vote by the speaker in any order that he desires.
The Rules Committee authorizes the speaker to call up any bill herein set forth in any order that he desires.
Respectfully submitted,
Elliott of Muscogee, Vice-Chairman

Under the order of business established by the Committee on Rules, the following bills~ of the House were taken up for consideration and read the third time:

HB 162. By Messrs. Lewis of Hancock, Pennington of Wilkinson, Hagan of Screven, and others:
A bill to be entitled an act to authorize and empower the State board of education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; to authorize and empower the State board of education to establish a minimum salary schedule for all bus drivers as a means of distributing State funds; and for other purposes.
Mr. Elliott of Muscogee moved the previous question and the call was sustained.

The following amendments were read and adopted:
Mr. Mathews of Peach moves to amend HB 162:
By striking from section 1 the following words: "The State board of education shall have the authority to adopt reasonable
regulations relating to the specifications, construction, design and color of school buses."

MONDAY, MARCH 10, 1947

625

Mr. Neel of Thomas County moves to amend HB 162:
By adding the following as the first sentence of section 1: "The State board of education is hereby authorized and empowered to use a part of the common school fund to pay the salaries of bus drivers employed by the several county boards of education" and by striking from section 1, lines 12, 13 and 14, the following words: "which shall be used as a means of distributing any State funds appropriated or otherwise made available for pupil transportation" and substituting in lieu thereof the following words: "provided there shall be a differential in the minimum salary schedule for student, teacher, and adult bus drivers and also for' drivers of publicly owned buses and privately owned buses." This sentence so amended shall read in its entirety as follows:
"The State board of education is hereby authorized and empowered to establish a minimum salary schedule for all bus drivers provided there shall be a differential in the minimum salary schedule for student, teacher, and adult bus drivers and also for drivers of publicly owned buses and privately owned buses."
By striking from section 1, lines 25 and 26, the following words, "Set up and establish uniform policies for the routing and operation of school buses." The sentence so amended shall read in its entirety as follows:
"Said State board of education is authorized to prescribe the standard forms and contracts governing the purchase of publicly owned school buses and transportation equipment, where purchase of same is made under the provisions of this act."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 114, nays 1.
The bill, having received the requisite constitution majority, was passed, as amended.

HB 176. By Messrs. Ramey of Chattooga, Kenimer of Harris, Stevens of Marion and Lewis of Hancock: A bill to be entitled an act to amend chapter 32-9, as amended, relating to the powers and duties of the county boards of education; and for other purposes.
The report. of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 308. By Messrs. Ray of Warren and Gowen of Glynn:
A bill to be entitled an act to amend the corporation act of 1938, and to add an additional code section after section 22-1814 of the Code of Georgia, and to provide for a method of changing the principal office of a corporation by amendment, and to provide the manner of making such amendment, the judge to pass upon same, and the making of a record thereof in the office of the clerk of each county in which the principal office had previously been located, to repeal all conflicting laws; and for other purposes

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JOURNAL OF THE HOUSE,

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

On the passage of the bill, the ayes were 109, nays 0.

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

HB 204. By Messrs. McMillan and Moye of Washington, Smith of Carroll, Walker of Ben Hill, and others:
A bill to be entitled an act to repeal an act in its entirety relating to the powers and duties of county boards of education; to re-establish as sub-divisions of the county school districts all local school districts; and for other purposes.

The following amendment was read and adopted:

l. Mr. McMillan of Washington moves to amend HB 204:
By adding after the word "into" and before the word "school" in line 3 of section 10 the words "A school district or" and by adding a "period" after the word "defined'' in line 4 of section 10 and by striking from lines 4 and 5 the following words: "by boundaries such as creeks, public roads, land lots, district lines or county lines".
Under the provisions of HR 45, the speaker announced the House recessed until 1 :40 P. M., this afternoon.

The speaker called the House to order. Further consideration of HB 204 was resumed.
I

1:40 o'clock P. M.

The following amendments to HB 204 were read and adopted:
2. Mr. McMillan of Washington moves to amend HB 204:
By striking from line 2 of section 7 of said bill the words "or local district trustees".
3. Mr. Bostwick of Early moves to amend section 8:
By striking section 8 in its entirety and substituting in lieu thereof the following section:
That from and after the passage of this act, in special cases to meet the demand of convenience, children residing in one sub-district may by express permission of the county board of education attend the common school of another sub-district.

MONDAY, MARCH 10, 1947

627

When a common school is located near a county line, children from an adjoining county shall be permitted to attend the school; Provided, such children reide nearer such school or said school is more accessible or convenient to the residence of such children than any common school in the county of their residence_ The attendance of such children, teacher allotment, administrative and equalization funds shall be credited to the county operating such schooL

4. Mr. McMillan of Washington moves to amend HB 204:
By striking in its entirety section 11 and substituting in lieu thereof a new section 11 which shall read as follows:
"Section 11. That from and after the passage of this act, by concurrent consent and action, boards of education of two or more adjoining counties may lay off and define school districts without regard to lines. The board of education of the county in which the schoolhouse is located shall have supervision of same. The election for trustees of the district shall be called by the board of education of the county where the schoolhouse is located. Should such a district that is composed of territory in two or more counties issue bonds for building schoolhouses, the tax collector of each county from which territory is included shall collect the tax levied by the trustees of the school district, and shall pay the same when collected to the bonded secretary and treasurer of the board of trustees of the district, or if no bonded secretary and treasurer then to the county board of education of the county where the schoolhouse is located. The trustees shall make separate tax digest for the levy of bond tax for each county from which the district is composed, and the fiscal authorities of each county shall levy the bond tax as recommended by the board of trustees upon that part of the property located in each of such counties."

5. Mr. McMillan of Washington moves to amend HB 204:
By striking from section 15 beginning with the first word and ending with the word "education" in line 12 the following language: "that from and after the passage of this act, the board of trustees of school districts shall make all rules and regulations to govern the schools of the district, and build and equip schoolhouses under the approval of the county board of education. They shall have the right and power to use the schoolhouses and school properties in the district or permit the same to be used for educational purposes: Provided, the use of the schoolhouses and school properties in no way conflicts with the public school or schools in the district. They shall have the right to fix the rate of tuition for non-resident pupils, and to fix the salaries of the teachers. They shall receive from the county board of education the share of public school funds apportioned to the district of the county board of education", and by substituting in lieu thereof the following language:
"That from and after the passage of this act the board of trustees of school districts, subject to the approval of the county board of education shall have the power to adopt rules and regulations, which do not conflict with rules promulgated by the State board of education or county board of education, to govern the schools of the district. They shall have the power to acquire school sites and to build and equip schoolhouses under plans approved by the county board of education. They shall have the right and power to use the schoolhouses and school properties in the district or permit the same to be used for educational purposes; Provided, the use of the schoolhouses and school properties in no way conflicts with the public school or schools in the district. They shall have the power to issue bonds for the purpose of securing school sites and for building and equipping schoolhouses."

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JOURNAL OF THE HOUSE,

6. Mr. Mcl\Iillan of Washington moves to amend HB 204:
By striking from line 4 of section 18 the words "by local taxation for public schools," and by inserting in lieu thereof the following language: "by gift, donation, or by taxation to pay principal and interest of bonds,".

7. Mr. McMillan of Washington moves to amend HB 204:
By striking from lines 3 and 4 of section 23 the following words: ", in which a local tax is now or may hereafter he levied for school purposes, or of a district in a county now levying a local school tax,".

8. Messrs. McMillan and Moye of Washington and Thompson of Meriwether move to amend section 23 of HB 204:
By striking the words "as embodied in section 87-201 et seq. in the issue thereof" where said words appear in the said section, and inserting in lieu thereof the words "as embodied in chapters 87-2 and 87-3 of the Code of Georgia in the issue and validation thereof."

9. Mr. McMillan of Washington moves to amend HB 204:
By striking in its entirety all of section 25 and substituting in lieu thereof a new section 25 to read as follows:
"Section 25. That from and after the passage of this act, the county hoard of education, or the hoard of education of any independent school district, may operate the schools of such county, or city, for a longer period of seven months during any school year or may, in its discretion, supplement the State schedule of salaries, and employ additional teachers not provided for with State funds; provided, however, that teachers in such schools shall receive not less than the minimum salary prescribed by the State hoard of education on the State schedule for any period during which the school term may be extended, unless the State hoard of education, in its discretion, shall otherwise direct. The county hoard of education, or the hoard of education of any independent school district, may operate kindergartens or grades above the high school grades solely from local funds."

10. Messrs. Nightingale and Gowen of Glynn; Towill, Eve and Morris of Richmond; Skinner, Evans and Smith of Chatham, and Wilson, Vandiver and Kemper of Bibb, move to amend HB 204:
By adding a new section to he numbered appropriately and to read as follows:
"This act shall not apply to public school systems established prior to the adoption of the Constitution of 1877."

19. Messrs. Malone and Lovett of Laurens move to amend HB 204 as follows:
(1) To add a new section, to be appropriately numbered, to read as follows: It shall he unlawful for the county school superintendent to be interested,
directly or indireotly, in a financial way in the purchase or sale of any property for or by the county school system. A violation of this section shall be punished as for a misdemeanor.
(2) Amend the caption accordingly.

MONDAY, MARCH 10, 1947

629

Messrs. Meeks of Union, Sahados and Durden of Dougherty, Cochran and Nee! of Thomas, Wells and Joel of Clarke, Green of Rabun, Adams of Towns, Campbell of Newton, Mason of Morgan, Flynt and Addleton of Spalding, Welsch of Cobb, McWhorter and Ruben of DeKalh, Hardy of Jackson, Mann of Rockdale, Covington, Littlejohn and Hicks of Floyd, Trulock of Grady, Freeman of Up~on, Jones of Brantley, Adams and Hurt of Polk, Overby and Kenyon of Hall and Rucker of Banks, move to amend HB 204:

By adding a paragraph to he appropriately numbered and to read as follows:
The provisions of this act shall not apply to Union, Dougherty, Thomas, Clarke, Rabun, Towns, Newton, Morgan, Spalding, Cobb, DeKalh, Jackson, Rockdale, Floyd, Grady, Upson, Brantley, Polk, Hall or Banks counties nor to any municipality within the limits of said counties.
By unanimous consent, the clerk was directed to consolidate all the amendments exclud ing counties from the provisions of HB 204, into one amendment.
The report of the committee which was favorable to the passage of the hill, as amended, was agreed to, as amended.
On the passage of the hill, as amended, the ayes were 112, nays 16.
The hill, having received the requisite constitutional majority, was passed, as amended.
By unanimo:zs consent, theoill was ordered immediately transmitted to the Senate.

The following resolution was read and adopted:
HR 99. By Messrs. Twitty and Hand of Mitchell, Nee! and Cochran of Thomas, Crowe and Hobby of Worth:
A resolution inviting the Hon. E. E. Cox, representative in Congress of the Second congressional district, to address the house of representatives on Friday morning, March 21, 1947, at 11 o'clock A. M.

Under the order of business established by the Committee on Rules, the following hills of the House were taken up for -consideration and read the third time:
HB 66. By Messrs. Whaley of Telfair, Hall of Treutlen, Morrison of Montgomery and Ansley of Lee:
A hill to he entitled an act to repeal an act entitled an act to make additions to the law of libel by newspapers, magazines or periodicals; and for other purposes.
By unanimous consent, further consideration of HB 66 was postponed until Tuesday, March 11, 1947.

HB 184. By Messrs. Ray of Warren, Wilson of Bibb, Oden of Pierce and Evitt of Catoosa:
A bill to be entitled an act to amend the Code of Georgia of 1933 by granting additional powers to the chief drug inspector; and for other purposes.

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JOURNAL OF THE HOUSE,

The following substitute to HB 184 was read:
A bill to be entitled an act to amend the first paragraph of section 42-102 of the Code of. Georgia of 1933, as amended, by adding wholesaling establishments and retailing establishments to the types of establishments which the chief drug inspector is directed to visit and inspect; by empowering the chief drug inspector to take samples from establishments inspected by him, for examination and analysis; and by authorizing the board of pharmacy to appoint one or more assistant drug inspectors; to amend section 42-110 of the Code of Georgia by adding to the first paragraph thereof numbered "2", which relates to drugs, the names of certain medicines, drugs, or poisons; and to amend section 42-701 of the Georgia Code by striking the names of certain poisons from schedule "B" of said section; and to amend section 1 of an act entitled "an act to regulate the sale, possession, prescribing and dispensing of certain dangerous drugs, providing certain exemptions providing for enforcement and penalties for violation thereof," approved March 16, 1939, by adding the names of certain medicines, drugs, or poisons to the list of medicines, drugs, or poisons which are forbidden to be sold, given or dispensed except on prescription of a duly licensed physician and when compounded by a registered pharmacist and by providing that said act shall apply to sales by manufacturers, wholesalers or retailers to any purchaser not authorized to purchase and resell the medicines, drugs, and poisons listed in said act; to provide that this act shall not apply to physicians, dentists and veterinarians prescribing or putting up their own prescripti.ons, nor to prohibit the sale by merchants of home remedies not poison nor to patent or proprietary preparations nor to manufacturers, distributors or dealers selling, compounding or mixing poisons or dusts for agricultural purposes, or to biologics or medicines used by far~ers or veterinarians for poultry or live stock, if the United States pure food and drug act is complied with; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section L That the first paragraph of section 42-102 of the Code of Georgia of 1933 relating to the duties of the chief drug inspector, as amended by "an act amending section 42-102 of the Code of Georgia of 1933 relating to the appointment, duties and salary of the chief drug inspector," approved March 24, 1939, and as amended by "an act to amend title 42, chapter 42-1 amending section 42-102" approved :\larch 9, 1945, be amended by inserting after the words "manufacturing establishments' the words "wholesaling establishments and retailing establishments," and by striking hom the first paragraph of said section the words "and particularly any person operating without licenses as required by laws," and by placing a period after the word "state" in said first paragraph, and by adding to said first paragraph the following additional words: "The inspector shall have authority to take up samples of the articles above referred to from any of the said establishments for exall}ination and analysis by the State chemist, or under his direction and supervision, or for examination under the direction and supervision of the Georgia board of pharmacy for the purpose of examination as provided by section 42-113 of the Code of Georgia of 1933 as amended. The hoard of pharmacy shall have authority to appoint one or more assistant drug inspectors who shall hold office at the pleasure of the Georgia hoard of pharmacy and whose salary shall he fixed by said board.", so that said first paragraph of section 42-102, as it is set out in Georgia Laws of 1945, pages 421-423, when so amended shall read as follows:
"The Georgia State Board of Pharmacy shall, at the next regular meeting of said hoard, appoint a chief drug inspector, who shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatso-

MONDAY, MARCH 10, 1947

631

ever said board shall, either at a regular or called meeting, appoint his successor. The salary of the chief drug inspector shall be fixed by the Georgia State board of pharmacy. His whole time shall be at the disposal of the Georgia State board of pharmacy and his duties shall be to visit and inspect manufacturing establishments, wholesaling establishments and retailing establishments, chemical labora tories and such other establishments as manufacture and put up for sale such articles as are known as family remedies, grocers drugs, flavoring extracts, flavoring essences, toilet articles, bottlers' supplies, stock powders and veterinary remedies; and to perform such other duties as may be directed by the Georgia State board of pharmacy. He shall report to the Georgia State board of pharmacy or the secretary of said board any and all violations of any of the drug laws of this State. The inspector shall have authority to take up samples of the articles above referred to from any of the said establishments for examination and analysis by the State chemist, or under his direction and supervision, or for examination under the direction and supervision of the Georgia State board of pharmacy for the purpose of examination as provided by section 42-113 of the Code of Georgia of 1933 as amended. The board of pharmacy shall have a.;thority to appoint one or more assistant drug inspectors who shall hold office at the pleasure of the Georgia board of pharmacy and whose salary shall be fixed by said board."
Section 2. That the first paragraph numbered 2, relating to the misbranding of drugs in section 42-110 of the Code of Georgia of 1933 be amended by inserting in said paragraph numbered "2" after the word "acetanilide" the words "amytal, luminal, verona!, barbital, phenobarbital, diethyl barbituric acid, sulfanilamide, sulfapyridine, sulfathiazol, prontylin, neoprontosil, pyramidon, aminopyrine, atophan, chloral, paraldehyde; abortifacient drugs such as ergot, cotton root, pennyroyal, savin, apiol, cantharides, amphetamine (benzedrine) or any other preparation containing amphetamine (benzedrine) or comp!)und thereof; hormones synthetic or natural; anti-fat preparations to include thyroid, thyroxin; or any other drugs which are now or hereafter declared dangerous by the Federal Food and Drug Administration, and which are, in the discretion of Georgia state board of pharmacy, classified as "dangerous drugs" within the meaning of this act; by striking the word "proportion" in the fifth line of said first paragraph numbered "2" and inserting in lieu of said wor~ "proportion" the word "identity", so that that part of section 42-110, of the Georgia code, including the first paragraph numbered "2" thereof, relating to drugs, when so amended, shall read as follows:
"42-110. Application of term 'misbranded.'-The term 'misbranded,' as used herein, shall apply to all drugs or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such articles, or the ingredients or substances contained therein, which shall be f:the or misleading in any particular, and to any food or drug product which is falsely branded as to the state, territory, or country in which it is manufactured or produced.

For the purpose of this title, an article shall also be deemed to be misbranded: In case of drugs:
L If it be an imitation of, or offered for sale under the name of, another article.
2. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package shall fail to bear a statement on the label, in as conspicuous letters as are or may be prescribed by the United States law or rules and regulations, of the quantity or identity of any alcohol, morphine, opium, ~ocaine,

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heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, amytal, luminal, verunal, barbital, phenobarbital, diethyl barbituric acid, sulfanilamide, sulfapyridine, sulfathiazol, prontylin, neoprontosil, pyramidon, aminopyrine, atophan, chloral, paraldehyde; abortifacient drugs such as ergot, cotton root, pennyroyal, savin, apiol, cantharides; emphetamine (benzedrine) or any other preparation containing amphetamine (benzedrine) or compound thereof; hormones synthetic or natural; anti-fat preparations to include thyroid, thyroxin; or other drugs which are now or hereafter declared dangerous by Federal Food and Drug Administration, and which are, in the discretion of the Georgia State board of pharmacy, classified as "dangerous drugs" within the meaning of this act; or any derivative or preparation of any such substances contained therein: Provided, that nothing in this paragraph shall be construed to apply to the filling of written prescriptions, furnished by regularly licensed practicing physicians, and kept on file by druggists as required by law, or as to such preparations as are specified and recognized by the United States Pharmacopoeia or National Formulary.
3. If its package or label shall bear or contain any statement, design, or device regarding the curative or therapeutic effect of such article or any of the ingredients or substances contained therein, which is false or fraudulent."
Section 3. That section 1 of "an act to regulate the sale, possession, prescribing and dispensing of certain dangerous drugs providing certain exemptions, providing for enforcement and penalties for violation thereof," said act being known as the "Dangerous Drug Act" and having been approved March 16, 1939, be amended by inserting after the words "neoprontosil" the following words: "Phenobarbital, sulfapyridine, sulfathiazol, pyramidon, aminopyrine, atophan, chloral, paraldehyde; abortifacient drugs such as ergot, cotton root, pennyroyal, savin, apiol, cantharides; amphetamine (benzedrine) or any other preparation containing amphetamine (benzedrine) or compound thereof, except that amphetamine (benzedrine) in inhalers may be .sold without prescription provided the amphetamine (benzedrine) therein has been denatured so as to make it unfit for internal use; hormones synthetic or natural; anti-fat preparations to include thyroid, thyroxin; or such other drugs which are now or hereafter declared dangerous by the Federal Food and Drug Administration, and which are, in the discretion of the Georgia State board of pharmacy, classified as 'dangerous drugs' within the meaning of this act," and by striking the words "or any trademarked or copyrighted preparation or compound registered in the United States patent office containing more than foiir (4) grains to the avoirdupois or fluid ounce of the above substances.", and by adding at the end of section 1 of the said act the following words: "The provisions of this act shall apply to the sale by a manufacturer, wholesaler or retailer, to any person, firm, or corporation other than those legally qualified and authorized to purchase and hold the same for resale in this State.", so that section 1 of the Dangerous Drug Act when so amended shall read as follows:
"It shall be unlawful for any person, firm, corporation or association to sell, give away, barter, exchange, distribute or possess in the State of Georgia amytal, luminal, verona!, barbital, acid diethyl barbituric, sulfanilamide, prontylin, neoprontosil, phenobarbital, sulfapyridine, sulfathiazol, pyramidon, aminopyrine, atophan, chloral, paraldehyde; abortifacient dtugs such as ergot, cotton root, pennyroyal, savin, apiol, cantharides; amphetamine (benzedrine) or any other preparation containing amphetamine (benzedrine) or compound thereof, except that amphetamine (benzedrine) in inhalers may be sold without prescription provided the amphetamine (benzedrine) therein has been denatured so as to make it unfit for internal use; hormones synthetic or natural; anti-fat preparations to include thyroid, thyroxin ; or such other drugs which are now or hereafter declared dangerous hy the Federal Food and Drug Administration, and which are, in the discretion of the Georgia State board of pharmacy, classified as 'dangerous drugs' within the

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meaning of this act; or any salts, derivatives or compound of the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts, derivatives or compounds; except on a prescription of a duly licensed physician as defined by this act and such prescription shall be compounded only by a registered pharmacist in accordance with the laws of this State. No such prescription shall be refilled except upon the authorization of the physician who prescribed it. The provisions of this act shall not apply to the sale at wholesale by recognized drug jobbers or wholesalers and drug manufacturers to pharmacists or drug stores or to physicians qualified to practice their profession according to the law, nor to the sale by pharmacists in drug stores to one another. The provisions of this act shall apply to the sale by any manufacturer, wholesaler, or retailer, to any person, firm, or corporation other than those legally qualified and authorized to purchase and hold the same for 'resale in this State."
Section 4. That section 42-701 of the Code of Georgia of 1933 relating. to the sale of poisons and the labeling of the bottle or container thereof be amended by striking the following words from schedule B: "savin, ergot, cotton root, cantharides," so that said section 42-701 when so amended shall read as follows:
"42-701. Sale of poisons.-No person shall furnish, by retail, any poison enumerated in schedules 'A' and 'B', as follows, to wit:
Schedule 'A.'-Arsenic and its preparations, corrosive sublimate, white pre cipitate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia, and all other poisonous vegetable alkaloids and their salts; essential oil of bitter almonds, opium and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce.
Schedule 'B.'-Aconite, belladonna, colchicum, conium, nux vomica, henbane, creosote, digitalis, and their pharmaceutical preparations; croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic acid, and oxalic acid.
Without distinctly labeling the bottle, box, vessel, or paper in which said poison shall be contained, and also the outside wrapper or cover thereof with the name of the article, the word 'poison,' and the name and place of business of him who furnishes the same, nor unless upon due inquiry it shall be found that the person to whom it shall be delivered shall be aware of its poisonous character, and shall represent that it is to be used for a legitimate purpose."
Section 5. None of the provisions of this act or any previous act shall apply to physicians, dentists and veterinarians prescribing or putting up their own prescriptions and dispensing medicines. This act shall be construed in the interest of public health, and shall not be construed to prohibit the sale by merchants of home remedies, not poison, or the sale by merchants of preparations commonly known as patent or proprietary preparations when sold only in the original and unbroken packages; nor shall it apply to manufacturers, distributors or dealers selling, compounding, or mixing for sale poisons, sprays, or dusts commonly used for agricultural purposes on orchards, field crops, gardens, or truck crops, or to biologics; medicines, or remedies or powders used by farmers or veterinarians or others for treatment or prevention of diseases in poultry or livestock, or to reme dies or powders used for the destruction of rats, roaches, bugs or other pests, or to Paris green, arsenate of copper, arsenate of lead, or preparations containing any of these articles used for killing bugs, worms, or insects or to any other prepara- tion not intended for human consumption or use on human beings, provided the labels, cartons, and packages containing such preparations which are poisonous have the word "poison" printed across the face, and conform to the United States Pure Food !lnd Drug Act. Those other than druggists shall not be required to register under the provisions of this act.

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Section 6. Be it so enacted by the authority aforesaid that the unconsti tutionality of any part of this act shall not have the effect of invalidating any other part thereof.

Be it so enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act are hereby repealed.
Mr. Smith of Emanuel moved the previous question, and the call was sustained.
By unanimous consent. all amPndments offererl to HB 184 were withdrawn.

\
The following amendment to the substitute to HB 184 was read and adopted:
~Iessrs. Durden and Sabados of Dougherty moved to amend the substitute to HB 184 by adding the word "osteopaths" immediately after the word "physicians" in line two of section 5.
The substitute, as amended, was adopted.
The report of the committee. which was favorable to the passage of the bill, as amended, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 103, nays 13.
The bill, having received the reqaisite constitutional majority, was passed, by substitute, as amended.

HB 185. By Messrs. Ray of Warren, Wilson of Bibb, Evitt of Catoosa and Oden of Pierce:
:\ bill to be entitled an act to amend the Code of Georgia by granting to the Georgia Board of Pharmacy authority to adopt and maintain rules and regulations in regard to the licensing and regulation of the compounding or sales of medicines, drugs, or poisons; and for other purposes.
By unanimous consent, all amendments to HB 185 were withdrawn.

The following substitute to HB 185 was read:
SUBSTITUTE FOR HB 185
A bill to be entitled an act to amend the following sections of the Code of Georgia, as amended: Section 84-1309, by authorizing the State board of pharmacy to adopt rules and regulations; section 84-1312, by removing the limitation of the number or purposes of the meetings of said board; section 84-1316 by specifying the grounds and establishing a procedure for revocation, refusal, or suspension of licenses by said board and by creating a right of appeal from its decisions; section 84-1317 of the Code of Georgia of 1933, relating to who may compound or sell drugs, by pro viding that the said section shall not apply to physicians, dentists and veterinarians prescribing or putting up their own prescriptions and dispensing medicines nor to merchants selling patent or proprietary preparations when sold only in the original and unbroken packages; and to provide that this act shall not apply to manufacturers, distributors, or dealers selling, compounding or mixing poisons, sprays, or

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dusts used for agricultural purposes, or to biologics or remedies used by farmers or veterinarians or others for diseases in poultry or livestock, or to remedies or powders used for destruction of rats, bugs, or other pests, or to other preparations not intended for human consumption or use on human beings; section 84-1318 by prescribing conditions for the compounding of drugs, medicines, or poisons; section 84-1319 by requiring certain information from and payment of an annual fee by registered pharmacists and by providing a penalty for violation of said section; and to amend section 84-9920 of the Georgia Code by providing a penalty for violation of any provision of chapter 84-13 as amended relating to the compounding or vending of medicines, drugs, or poisons; and to amend section 3 of the act entitled "an act to prohibit the State board of medical examiners and State board of pharmacy examiners from issuing a license to practice medicine or pharmacy in Jhis State to any person who was not born or naturalized in the United States or who is not a citizen of the United States," approved March 23, 1939, by restricting the applicability of the procedure for revocation or cancellation of licenses, to which reference is made in said act to licenses issued by the State board of medical examiners and to provide a procedure for revocation or cancellation of licenses issued by the State board of pharmacy; and to repeal all laws and parts of laws in conflict with this act; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
Section 1. That section 84-1309, of the Code of Georgia of 1933 relating to rules and regulations of the board of pharmacy, be amended by striking the words, "make rules and regulations governing the action of the board, and to make such other rules and regulations as they deem necessary to carry out the intent and provisions of this chapter," and substituting the words, "adopt, enact, establish and maintain all such rules and regulations, not inconsistent with the laws and constitution of this State and of the United States, as shall, in its judgment, be necessary for the carrying out of the purposes of chapter 84-13 of the Code of Georgia of 1933. All such rules and regulations so made shall be of force and binding upon all persons.", so that said section when so amended, shall read:
"The Georgia board of pharmacy shall have the power and authority to adopt, enact, establish and maintain all such rules and regulations, not inconsistent with the laws and constitution of this State and of the United States, as shall, in its judgment, be necessary for the carrying out of the purposes of chapter 84-13, as amended, of the Code of Georgia of 1933, and chapter 42-1, as amended, of the Code of Georgia of 1933, insofar as it relates to the Georgia board of pharmacy, pharmacists and drugs. All such rules and regulations so made shall be of force and binding upon all persons."
Section 2. That section 84-1312 of the Code of Georgia of 1933 relating to meetings of and examinations by the board of pharmacy be amended by striking therefrom the words, "in no case shall the board hold more than three meetings annually," and by inserting after the word "licenses" the words "or for other purposes," so that said section when so amended will read:

"The said board of pharmacy shall meet for examination of applicants for licenses or for other purposes, at such place or places, and at such times, as the board may decide."

Section 3. That section 84-1316 of the Code of Georgia of 1933 relating to the refusal or revocation of licenses by the board of pharmacy be amended by striking the word "narcotic" and substituting therefor the words "narcotics or other habitforming drugs," and by striking the words "revoke a license for such cause, or for

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fraud in its procurement," and by substituting the words: "revoke or suspend a license for such cause, or for fraud in its procurement, or for any violation of any of the provisions of this chapter, or for any violation of any rule or regulation of the Georgia Board of Pharmacy made pursuant to section 84-1309 of the Code of Georgia of 1933. Upon the presentation before the Georgia board of pharmacy of any ground above enumerated for revoking, refusing or suspending a license, it shall be the duty of the board to cause written notices of the time and place of the hearing upon the charge preferred, together with a copy of the charge, to be served upon the licentiate or applicant for license, as the case may be, twenty days before hearing. Said board shall prepare two copies of said written notice and attach to each a copy of the charge preferred, and cause the same to be delivered to the sheriff or his deputy of the county of the residence of the licentiate or apJ'licant for license together with two dollars as a fee for service. Said sheriff or deputy 'shall within ten days deliver to such licentiate or applicant personally or leave at his most notorious place of abode, one of said notices, with copy of the charge attached, and return ~he other notice with copy of the charge attached thereto, to said board, together with said officers return of service thereon. Said licentiate or applicant shall have the privilege of making defense at said hearing, either in person or by attorney, and on application to the Georgia board of pharmacy shall be furnished by the board with a subpoena for any witness in his behalf or for the production of any book, writing, paper, or document to be used in his behalf at said hearing. Said board shall have the power to compel the attendance of any witness. or the production of any book, writing or other document in the possession, custody or control of any witness or other person, at such hearing of said board. Any witness or person refusing to produce any such document or to appear or to testify without legal excuse at such hearing of said board, shall be guilty of contempt, and upon certification of such fact by said board to the judge of the superior court in whose jurisdiction said hearing is held or to. be held, the judge shall punish the same as though committed before him. The vote and judgment of three or more members of the said Georgia board of pharmacy shall be controlling in all matters. There may be an appeal from the judgment of the Georgia board of pharmacy by the person who is refused a license by the board, or whose license is revoked or suspended, as the case may be, if dissatisfied with the judgment, to a jury in the superior court of the county of his residence, said appeal to be had as in other cases provided by law. The appeal shall be had upon the payment of costs or the making of the affidavit in lieu thereof as provided by law in other cases.", so that said section when so amended shall read as follows:
"The State board of pharmacy may refuse to grant a license to any person found guilty of a felony or gross immorality, or who is addicted to the use of alcoholic liquors or narcotics or other habit-forming drugs to such an extent as to render him or her unfit for the practice of pharmacy, and may after due hearing revoke or suspend a license for such cause, or for fraud in its procurement, or for any violation of any of the provisions of this chapter, or for any violation of any rule or regulaton of the Georgia board of pharmacy made pursuant to section 8'4-1309 of the Code of Georgia of 1933. Upon the presentation before the Georgia board of pharmacy of any ground above enumerated for revoking, refusing or suspending a license, it shall be the duty of the board to cause written notices of the time and place of the hearing upon the charge preferred, together with a copy of the charge, to be served upon the licentiate or applicant for license, as the case may be, twenty days before hearing. Said board shall prepare two copies of said written notice and attach to each a copy of the charge preferred, and cause the same to be delivered to the sheriff or his deputy of the county of the residence of the licentiate or applicant for license together with two dollars as a fee for service. Said sheriff or deputy shall within ten days deliver to such licentiate or applicant personally or leave at his most notorious place of abode, one of said notices, with copy of the charge attached, and return the other notice with copy of the charge

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attached thereto, to said board, together with said officer's return of service thereon. Said licentiate or applicant shall have the privilege of making defense at said hearing, either in person or by attorney, and on application to the Georgia board of pharmacy shall be furnished by the board with a subpoena for any witness in his behalf or for the production of any book, writing, paper, or document to be used in his behalf at said hearing. Said board shall have the power to compel the attendance of any witness, or the production of any book, writing or other document in the possession, custody or control of any witness or other perosn, at such hearing of said board. And witness or person refusing to produce any such docu ment or to appear or to testify without legal excuse at such hearing of said board, shall be guilty of contempt, and upon certification of such fact by said board to the judge of the superior court in whose jurisdiction said hearing is held or to be held, the judge shall punish the same as though committed before him. The vote and judgment of three or more members of the said Georgia board of pharmacy shall be controlling in all matters. There may be an appeal from the judgment of the Georgia board of pharmacy by the person who is refused a license by the board, or whose license is revoked, or suspended, as the case may be, if dissatisfied with the judgment, to a jury in the superior court of the county of his residence, said appeal to be had as in other cases provided by law. The appeal shall be fiad upon the payment of costs or the making of the affidavit in lieu thereof as provided by law in other cases."
Section 4. That section 84-1317 of the Code of Georgia of 1933 relating to who may compound or sell drugs is hereby amended as follows: By inserting after the word "except" in the third line of said code section the following words: "it is provided that none of the provisions of this section shall apply to"; by inserting after the word "physicians" in the seventh line of said code section the words "dentists and veterinarians prescribing or"; and by striking the words "from their own offices" in the eighth line of said code section; and by striking the word "item" in the eighth line of said code section and inserting in lieu thereof the word "section", so that said code section 84-1317 when so amended shall read as follows:
"No person shall engage in the compounding or vending of medicines, drugs, or poisons without full compliance with this chapter, except it is provided that none of the provisions of this section shall apply to: (I) such druggists as are exempted from the operation of the law by the statutes of the State, and such druggists as have heretofore obtained a license and are legally authorized by exist ing laws to compound and vend drugs, poisons, and chemicals; (2) physicians, dentists and veterinarians prescribing or putting up their own prescriptions and dispensing medicines. This section shall be construed in the interest of the public health, and shall not be construed to prohibit the sale by merchants of home reme dies, not poison, or the sale by merchants of preparations commonly known as patent or proprietary preparations when sold only in the original and unbroken packages, Paris green, arsenate of copper, arsenate of lead, or preparations con taining any of these articles used for killing bugs, worms, and insects, provided the labels, cartons, and packages containing such preparations have the word 'poison' printed across the face', and conform to the United States pure food and drug act; and general merchants other than druggists shall not be required to register under the provisions of this chapter."
Section 5. This act shall not be construed to prohibit the sale by merchants of home remedies, not poison, or the sale by merchants of preparations commonly known as patent or proprietary preparations when sold only in the original and unbroken packages; nor shall it apply to manufacturers, distributors or dealers selling, compounding, or mixing for sale poisons, sprays, or dusts commonly used for agricultural purposes on orchards, field crops, gardens, or truck crops, biologics, medicines, or remedies used by farmers or veterinarians or others for treatment or

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prevention of diseases in poultry or livestock, or to remedies or powders used for the destruction of rats, roaches, bugs or other pests, Paris green, arsenate of copper, arsenate of lead, or preparations containing any of these articles used for killing bugs, worms, and insects, or any other preparations not intended for human consumption or use on human beings, provided the labels, cartons, and packages containing such preparations which are poisonous have the word "poison" printed across the face, and conform to the United States pure food and drug act; and those other than druggists shall not be required to register under the provisions of this act.
Section 6. That section 84-1318 of the Code of Georgia of 1933 relating to the registration of pharmacists and druggists be amended by adding thereto the following: "No drugs, medicines or poisons intended for human consumption or use on human beings shall be compounded or mixed for sale except by a registered pharmacist or an employee or a person under the immediate supervision of a registered pharmacist. No registered pharmacist shall have more than one drug store or pharmacy under his supervision. The proprietor, owner or manager of any drug store or pharmacy shall have a registered pharmacist present and available in such drug store or pharmacy at all times during which drugs, medicines or poisons are compounded or mixed.", so that said section when so amended shall read:
"It shall be unlawful for any proprietor, owner or manager of any drug store or pharmacy to allow any person in his employ except a registered pharmacist to compound or mix any drugs, medicines, or poisons for sale, except an employee under the immediate supervision of a registered pharmacist. No drugs, medicines or poisons intended for human consumption or use on human beings shall be compounded or mixed for sale except by a registered pharmacist, or an employee or person under the immediate supervision of a registered pharmacist. No registered pharmacist shall have more than one drug store or pharmacy under his supervision. The proprietor, owner or manager of any drug store or pharmacy shall have a registered pharmacist present and available in such drug store or pharmacy at all times during which drugs, medicines or poisons are compounded, or mixed."
Section 7. That section 84-1319 of the Code of Georgia of 1933 relating to the registration of pharmacists be amended by adding thereto the following: "Said registration shall show the name and address of the registrant's employer or if he be the owner or proprietor of a drug store or pharmacy it shall show the exact location thereof. Notice of any change of employment or change of business address shall be filed with the joint-secretary within ten days after such change. Each registrant shall pay an annual registration fee of two dollars to the joint-secretary. Any violation of this section shall be ground for revocation or suspension of license.", so that said section when so amended shall read:
"Every person who shall be duly licensed under the provisions of this chapter, shall, annually. before engaging in any business under said license, register in the office of the joint-secretary, State examining boards; said registration shall be entered in a book to be kept for that purpose by said secl'etary and shall show the registrant's name, nationality, and credentials and date thereof under which he is entitled to engage in such vocation at the time of filing such registration, and a certificate of such registration, stating the terms of the same, shall be given him by said secretary. Said registration shall show the name and address of the registrant's employer or if he be the owner or proprietor of a drug store or pharmacy it shall show the exact location thereof. Notice of any change of employment or change of business address shall be filed with the joint-secretary within ten days after such change. Each registrant shall pay an annual registration fee of two dollars to the joint-secretary. Any violation of this section shall be ground for revocation or suspension of license."

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Section 8. That section 3 of the act entitled "an act to prohibit the State board of medical examiners and State board of pharmacy examiners from issuing a license to practice medicine or pharmacy in this State to any person who was not born or naturalized in the United States or who is not a citizen of the United States, and to provide penalties for the violation," approved March 23, 1939, be amended by inserting immediately after the words, "The procedure in such revocation or cancellation" the words, "of any license issued by the State board of medical examiners," and by adding at the end of said section the words: "The procedure in such revocation or cancellation of any license issued by the State board of pharmacy shall be in accordance with the provisions of section 3 of this act," sn.. that when so amended the said section 3 shall read:
"Be it further enacted by the authority aforesaid that any license issued to any person in violation of this act shall be void and the State board <tf medical examiners and State board of pharmacy examiners shall cancel and revoke such license. The procedure in such revocation or cancellation of any license issued by the State board of medical examiners shall be in accordance with tbe provisions of sections 84-916 to 84-922 of the Code of Georgia of 1933 as amended, for the cancellation or revocation of licenses generally. The procedure in such revocation or cancellation of any license issued by the State board of pharmacy shall be in accordance with the provisions of section 3 of this act."
Section 9. That section 84-9920 of the Code of Georgia of 1933 relating to the violation of law relating to pharmacists be amended by inserting after the word "pharmacists" the words "and to the compounding or vending of medicines, drugs, or poisons," so that said section when so amended shall read:
"Any violation of any provision of chapter 84-13, relating to the granting of licenses to and the registration of pharmacists, and to the compounding or vending of medicines, drugs, or poisons, shall be a misdemeanor."
Section 10. Be it so enacted by the authority aforesaid that the unconstitutionality of any part of this act shall not have the effect of invalidating any other part thereof.
Section 11. Be it so enacted by the authority aforesaid that all laws and parts of laws in conflict with this act are hereby repealed.

The following amendment to the substitute to HB 185 was read and adopted:
Messrs. Durden and Sabados of Dougherty move to amend substitute for HB 185 by
adding the word "osteopaths" immediately after the word "physicians" in line 17 of section 4, and to amend the caption accordingly.
The substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were Ill, nays 5.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 213. By Messrs. McCracken of Jefferson and Phillips of Columbia:
A bill to be entitled an act to amend the Code of Georgia adopted in 1933 as amended by an act of the General Assembly of 1945, Georgia Laws 459 to 462,

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inclusive, entitled an act to amend code section 56-28 relating to organization of boards and directors of insurance companies by striking the words nor more than fifteen (15) ", and inserting in lieu thereof "and as many additional as may be provided by the by-laws of such companies", and for other purposes," by striking the words ''from their number"; and for other purposes.

The report 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.

The following veto messages were read:
To the General Assembly of Georgia:
House Bill 145 was transmitted to the executive department on the 26th day of February, 1947, after duly passing the House and Senate.
This bill provided for an amendment to an act amending the charter of the Town of Athens and the various acts amendatory thereof, approved August 24, 1872; and to amend the amending act approved March 25, 1935, particularly section 3 of the amending act which prescribes that the city attorney of the City of Athens shall be elected by the qualified voters of said city, and providing a new section so that the city attorney of Athens shall be elected by the mayor and councilmen.

On February 19, 1947, I received the following communication from Honorable Jake B. Joel, co-author of said bill:
"Dear Governor:
I beg to call your attention to a local bill affecting the City of Athens, and House Bill 145, providing for the election by mayor and council of the City Athens of a city attorney for three years. This bill passed the House and Senate, and will no doubt be at your desk for your signature.
As one of the co-authors of said bill, I hope you will veto it, for the reason that the bill was not published once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly, as provided for in the new constitution, paragraph fifteen, page twenty-two.
I know that it is not your desire any more than mine to sign a bill and make it a law, when the provisions of the constitution were not complied with.
With all good wishes and kindest personal regards.
Sincerely, Jake B. Joel."

MONDAY, MARCH 10, 1947

641

Therefore, in view of the fact that notice of intention by the authors to apply for the passage of this bill was not published in the locality affected, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly as required by the Constitution of Georgia, article 3, section 7, paragraph 15, which provides that:
"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.--"
Further, in compliance with the above request of the Hon. Jake B. Joel from Clarke county, Georgia, co-author of said bill, and in a spirit of cooperation with the members of the General Assembly, I am returning herewith House Bill 145 which I have, this 26th day of February, 1947, vetoed.
Respectfully submitted,
Herman E. Talmadge, Governor
To the General Assembly of Georgia:
HB 181, being an act to amend an act, charter of the Town of Athens, and the various acts amendatory thereof, approved August 24, 1872, by inserting between the words "first" and "meeting" in the second line of section 9 of said act the word "regular" and between the words "in" and "each" in the third line of said section the words "July of" so as to change the time of electing the time of the city marshal, chief of police and other city officials elected by the mayor and council from the first meeting of the council each year to the first regular meeting pf the council in July of each year, and for other purposes."
After duly passing both the House and Senate was transmitted to the executive department on the 3rd day of March, 1947.

On February 27, 1947, Hon. Jack R. Wells, a co-author of said bill, addressed me as follows:
Dear Governor Talmadge:
As co-author of House Bill 181, .a local bill applying only to the City of Athens, I respectfully request that you veto this bill when it reaches your desk.
This bill was introduced at the request of the mayor and council and the intention wa~ to give the council the authority to set salaries for city employees in January rather than in June. The bill, as passed, would give the council powers other than those intended when the bill was prepared.
I will personally appreciate it if you will veto this bill so I can introduce a bill covering the authority asked for by the mayor and council.
With kindest personal regards, I remain
Yours very truly,
Jack R. Wells Representative Clarke County

642

JOURNAL OF THE HOUSE,

Pursuant to the powers vested in me as Governor of Georgia, and in compliance with this request of the co-author of said bill, I have this day vetoed said bill and am returning same herewith.

This 4th day of March, 1947.

Herman E. Talmadge, Governor

The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 76. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill to he entitled 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; and for other purposes.

The following Senate amendment to HB 76 was read:
The Senate moves to amend HB 76 by adding at the end of section three a new sen tence reading as follows:
"Said conservator shall on appointment subscribe an oath and give bond with good security as in the case of an administrator."
On the question on agreeing to the Senate amendment, the ayes were 111, nays 0.
The Senate amendment was agreed to.

HB 28. By Mr. McCracken of Jefferson:
A hill to he entitled an act to authorize and empower county hoards of education to condemn private property for public school purposes; and for other purposes.

The following Senate amendment to HB 28 was read:
The Senate amends HB 28 by striking section 2 in its entirety and re-numbering the sections accordingly.
On the question on agreeing to the Senate amendment, the ayes were 108, nays 0. The Senate amendment was agreed to.

HB 99. By Messrs. Holbrook of Forsyth, Garrison of Habersham and Yawn of Dodge:
A bill to he entitled an act providing for the sale and use of drugs of the sulfanilamide group for use in the control of livestock and poultry diseases; and for other purposes.

~IONDAY, MARCH 10, 1947

643

The following Senate amendment to HB 99 was read.

The Senate moves to amend HB 99 as follows:
By striking out in section 2, line 4, the following words, "for poultry and livestock diseases only," and substituting in lieu therefor, the following, "not for human use." By adding the word "and" immediately after the words "dangerous character of such drugs" in line 6 of the title.
By adding the word "and" immediately after the words "dangerous character of such drugs" in line 7, section 1.
On the question on agreeing to the Senate amendment, the ayes were 106, nays 0.
The Senate amendment was agreed to.

The following resolutions were read and adopted:
HR 100. By Messrs. Covington of Floyd, Hinson of Ware, Smith of Fulton, and others:
A resolution to show Rich's, Inc., of Atlanta, an appreciation for their outstanding contribution for the publicity and development of their interest in the State of Georgia.

HR 101. By Messrs. Walker of Ben Hill and Sills of Candler:
A resolution expressing the appreciation of the joint committees on Game and Fish and Conservation of the House and Senate to the citizens who contributed to the success and the enjoyment of the tour by the committees.

HR 102. By ~1r. Williams of Toombs: A resolution extending birthday congratulations to Hon. W. C. McMillan.
:Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed. The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

644

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, March 11, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker: The Senate has passed by the requlSlte constitutional majority the following bills and
resolutions of the Senate and House, to wit:
SB 98. By Senator Weaver of the 51st:
A bill to be entitled an act to amend the charter of the City of Macon; and for other purposes.

SB 104. By Senator Seay of the 22nd:
A bill to be entitled an act to amend an act approved August 22, 1907, Georgia Laws 1907, authorizing the City of Barnesville to maintain a system of public schools by local taxation; and for other purposes.

TUESDAY, MARCH 11, 1947

645

HR 93. A resolution to request the members from Georgia in the 80th Congress to support the national school lunch act, and to instruct them to bring this matter before Congress; and for other purposes.

HR 95. By Messrs. Smith of Chatham, Covington of Floyd, Overby of Hall, Hand of Mitchell, and others:
A resolution to authorize the Governor of Georgia to receive an appropriate me moria! commemorating certain deceased members of HiY and Tri.HiY Clubs; and for other purposes.

HB 246. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act approved December 30, 1898, acts 1898, pages 136, 144, entitled an act to repeal an act entitled an act to incorporate the Town of Bremen, adopted September 5, 1883; and for other purposes.

HB 355. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an aet entitled an act granting to the City of Tallapoosa authority to establish and maintain public schools in the limits of said city by local taxation; and for other purposes.

HB 356. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act entitled an act to repeal an act entitled an act to incorporate the Town of Bremen; and for other purposes.

HB 357. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act approved December 30, 1898, acts 1898, pages 136144, entitled an act to repeal an act entitled an act to incorporate the Town of Bremen; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the follow ing bills of the House, to wit:
HB 22. By Messrs. Nightingale and Gowen of Glynn:
A bill to be entitled an act to amend the charter for the City of Brunswick; to provide that the city manager need not be a resident of said city; to increase the maximum fee that may be charged for annual registration license for engaging in business, callings, trades or professions; and for other purposes.

HB 252. By Mr. Gary of Quitman:
A bill to be entitled an act to create the office of commissioner of roads and reve nues for the County of Quitman; to define the powers and jurisdiction of same; to provide for the election and appointment of such commissioner,; and for other purposes.

646

JOURNAL OF THE HOUSE,

The Senate has passed by substitute, as amended, by the requisite constitutional majority the following bill of the House, to wit:

HB 2. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an act to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; and for other purposes.

By unanimous consent, the following hills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 495. By ~essrs. Smith and Reid of Carroll:
A hill to he entitled an act to extend the corporate limits of the City of Carrollton; and for other purposes.
Referred to Committee on Municipal Government.

HB 496. By Messrs. Etheridge, Kendrick and Smith of Fulton: A hill to be entitled an act to amend an act to incorporate the City of Hapeville; to extend city limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 497. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A hill to he entitled an act to amend the charter of College Park, by providing for the annexation of territory in Fulton and Clayton counties; and for other purposes.
Referred to Committee on Municipal Government.

HB 498. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A hill to he entitled an act to amend the charter of College Park; and for other purposes.
Referred to Committee on Municipal Government.

HB 499. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to he entitled an act to amend the charter of College Park, so as to amend the civil service law; and for other purposes.
Referred to Committee on :Municipal Government.

TUESDAY, MARCH 11, 1947

647

HB500.. By Messrs. Witherington of Wilcox, Chalker of Pulaski, Yawn of Dodge and Walker of Ben Hill:
A bill to be entitled an act to amend an act so as to fix the open season for taking shad in counties having a population of between 12,747 and 12,752 and counties having a population of between 21,020 and 21,025; and for other purposes.

Referred to Committee on Game and Fish.

HB 501. By Messrs. McCracken of Jefferson and Phillips of Columbia:
A bill to be entitled an act to amend an act to provide that railroad or bus ticket agents selling accident or baggage insurance shall not be deemed insurance agents; and for other purposes.
Referred to Committee on State of Republic.

HB502. By Mr. Bennett of Barrow:
A bill to be entitled an act to create a new charter for the Town of Auburn; to define the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 503. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend an act relating to arrest of persons appealing in public in an intoxicated condition; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HB 504. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an act to amend an act creating a new city court of Brunswick; and for other purposes.
Referred to Committee on Special Judiciary.

HR 104-504A. By Mr. Willoughby of Clinch:
A resolution proposing to the qualified voters an amendment so as to provide for the division of Clinch county into school districts and for the election of a member of the county board of educaton from each school district; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

648

JOURNAL OF THE HOUSE,

Mr. Sabados of Dougherty 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 has had under consideration the following bills and resolutions of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 90-445A. Do Pass.

HR 70-338A. Do Pass.

HB 388. Do Pass.

HB 389. Do Pass.

Respectfully submitted,

Sabados of Dougherty, 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 has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:
SB 96. Do Pass.

HB 273. Do Not Pass. HB 274. Do Pass.

Respectfully submitted,
Hicks of Floyd, Chairman

Mrs. Rainey of Terrell County, chairman of the Committee on Historical Research, submitted the following report:

Mr. Speaker:
Your Committee on Historical Research has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 89-427a. Do Pass.

Respectfully submitted,

Mrs. Rainey of Terrell, Chairman

TUESDAY, MARCH 11, 1947

649

Mr. Wells of Clarke County, vice-chairman of the Committee on Municipal Govern ment, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as vice-chairman, to report the same back to the House with the following recommendations:

HB 490. Do Pass. HB 363. Do Pass. HB 317. Do Pass. HB 482. Do Pass. HB 474. Do Pass. HB 493. Do Pass.
'
HB 462. Do Pass. HB 464. Do Pass. HB 469. Do Pass. HB 470. Do Pass. HB 472. Do Pass. HB 451. Do Pass. HB 475. Do Pass. HB 478. Do Pass. HB 485. Do Pass. HB 479. Do Pass. HB 414. Do Pass. HB 489. Do Pass. SB 93. Do Pass. SB 65. Do Pass. HB 394. Do Not Pass.

Respectfully submitted,
Wells of Clarke, Vice-Chairman

650

JOURNAL OF THE HOUSE,

Mr. Cates of Burke County, chairman of the Committee on Public Highways No. I, submitted the following report:

Mr. Speaker:
Your Committee on Public Highways No. I has had under consideration the following bills and resolution of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 458. Do Pass.

HB 459. Do Pass.

HR 86-426a.. Do Pass.

Respectfully submitted,

Cates of Burke, Chairman

~lr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, sub. mitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 210. Do Not Pass.

SB 101. Do Pass.

Respectfully submitted,

Cheek of Franklin, 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 has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 467. Do Pass. HB 385. Do Pass.

Respectfully submitted,-
McCracken of Jefferson, Chairman

TUESDAY, MARCH 11, 1947

651

Mr. Etheridge of Baker County, chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:

Your Committee on Temperance has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the _following recommendations:

HB 395. Do Not Pass.

HB 304. Do Not Pass.

SB 90. Do Pass.

Respectfully submitted,

Etheridge of Baker, Chairman

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

SB 65. By Senator Grayson of the 1st:
A bill to be entitled an act to revise, alter and amend the several acts incorporating the mayor and councilmen of the Town of Tybee, Savannah Beach, Georgia; and for other purposes.

SB 93. 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 96. By Senators Yates of the 44th, Griffith of the 28th and Callaway of the 35th:
A bill to be entitled an act to amend an act relating to costs collected in the Supreme Court and Court of Appeals and the payment of salaries of certain officers and employees of said courts, by amending the 1st sentence of section 5 of said act, fixing the salary of the deputy clerk of the Supreme Court; and for other purposes.

SB 101. By Senator Tarbutton of the 20th:
A bill to be entitled an act to define and broaden the use of right of ways granted for highways and to lessen the surface use thereof and to permit the use of the same for pipe lines to transport clay from the mine to refining plants; and for other purposes.

HB 274. By Messrs. Overby of Hall, Long of Murray, Sahados of Dougherty, and others:
A hill to he entitled an act to amend Code of Georgia to provide that the proceeds from the sale of personal property sold under order of court at a sheriff's sale shall he held in trust with the clerk of the superior court for a period of 90 days to protect a bona fide purchaser at the sheriff's sale; and for other purposes.

652

JOURNAL OF THE HOUSE,

HB 317. By Messrs. Hicks, Littlejohn and Covington of F1oyd:
A bill to be entitled an act to amend an act creating a new charter for the City of Rome; and for other purposes.

HR 70-338a. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A resolution providing for repeal of amendment to article 7, section 4, paragraph 15 of the Constitution of 1943, as it relates to Bibb county.

HB 363. By Messrs. Edenfield and Smith of Emanuel:
A bill to be entitled an act to incorporate the Town of Norristown; and for other purposes.

HB 385. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to establish a branch of the Georgia State Training School for boys to be named the North Georgia branch; and for other purposes.

HB 388. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to propose to the qualified voters of Georgia an amendment to create a joint city-county board of health for the City of Macon; and for other purposes.

HB 38'9. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to propose to the qualified voters of Georgia an amendment so as to authorize the City of Macon and Bibb county to set up a planning and zoning board; and for other purposes.

HB 414. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act authorizing the mayor and aldermen of the Town of Thunderbolt, in Chatham county, Georgia, to close what is claimed to be a street in a strip of land formerly known as "Doyle triangle lot," on the bluff, in the Town of Thunderbolt; and for other purposes.

HR 86-426a. By Messrs. Williams of Toombs, Edenfield of Emanuel, and others:
A resolution resolved that the State highway department be granted the privilege of closing their offices all day on Saturdays instead of the regular half-day that has been observed in the past.

HR89-427a. By Mr. Hicks of F1oyd:
A resolution providing for the erection of a monument or marker in honor of the mothers of Georgia, whose sons and daughters lost their lives while serving in the armed forces during world war ll.

TUESDAY, MARCH 11, 1947

653

HR 90-445a. By Messrs. Adams and Hurt of Polk:
A resolution proposing to the qualified voters an amendment to Georgia Constitution of 1945 so as to provide for a county board of education for Polk county, Georgia; and for other purposes.

HB 458. By Messrs. Cates of Burke and Thompson of Meriwether:
A bill to be entitled an act to provide for payment by the State highway department of Georgia for rights of way to counties when rights of way are not used for highway purposes within three years; and for other purposes.

HB 459. By Messrs. Cates of Burke and Thompson of Meriwether:
A bill to be entitled an act to grant to the various counties of the State of Georgia and the State highway department of Georgia the right and authority to make surveys for road purposes across the lands of property owners for the purpose of locating contemplated public roads and highways; and for other purposes.

HB 464. By :\Iessrs. Etheridge, Kendrick and Smith 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 in the County of Fulton; and for other purposes.

HB 482. By :Wr. Morrison of Montgomery:
_.\. bill to be entiiled an act to amend an act to incorporate the Town of Ailey, in the County of Montgomery; and for other purposes.

HB 467. By :'llessrs. Kendrick, Etheridge and Smith of Fulton and Howard of DeKalb:
A bill to be entitled an act to amend an act entitled an act to simplify the operations of the executive branch of the State government; and for other purposes.

HB 469. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta ; and for other purposes.

HB 470. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

HB 489. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus, etc.; and for other purposes.

654

JOURNAL OF THE HOUSE,

HB 490. By :\'lessrs. Hill and Thompson of Meriwether, Kenimer of Harris, and others:

A bill to be entitled an act to establish a planning district for Meriwether, Harris, and Talbot counties; and for other purposes.

HB 493. By Mr. Bradley of Tattnall:
A bill to be entitled an act to incorporate the City of Reidsville, by abolishing the present charter of said city and writing a new charter for the same; and for other purposes.

HB 475. By Messrs. Cochran and Neel of Thomas:
A bill to be entitled an act to amend the charter of the Town of Meigs; and for other purposes.

HB 451. By Mr. Oden of Pierce:
A bill to be entitled an act to consolidate and revise the charter of the City of Blackshear; and for other purposes.

HB 462. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to amend an act to create a new charter for the City of East Point; and for other purposes.

HB 472. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act relating to councilmen and aldermen being able to hold other positions or offices; and for other purposes.

HB 474. By Mr. Nightingale of Glynn:
A bill to be entitled an act to amend the charter of the Citv of Brunswick; to extend the present corporate limits; and for other purposes. .

HB 478. By Messrs. Mavity and Crowe of Walker:
A bill to be entitled an act to create a new charter and municipal government for the City of Rossville; and for other purposes.

HB 479. By MesHs. Adams and Hurt of Polk:
A bill to be entitled an act io amend the charter of the City of Cedartown; and for other purposes.

TUESDAY, MARCH ll, 1947

655

HB 485. By Messrs. Salter a~d Freeman of Upson:

A bill to be entitled an act to amend an act to amend, consolidate and supersede the acts incorporating the City of Thomaston; and for other purposes.

By unanimous consent, the following bills of the Senate were .read the first time and referred to the committees:
SB 98. By Senator Weaver of the 51st: A bill to be entitled an act to amend the charter of the City of Macon; and for other purposes.
Referred to Committee on Municipal Government.

SB 104. By Senator Seay of the 22nd: A bill to be entitled an act to amend an act authorizing the City of Barnesville to maintain a system of public schools by local taxation; and for other purposes.
Referred to Committee on Municipal Government.

The following report of the Committee on Rules was submitted and read:
Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a calendar for
today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
l. HB 33. Peace officer bill. 2. HR 41-183A. Sale of State property at Milledgeville. 3. HB 212. Authorizing insurance companies to hold real property. 4. HR 12-12C. Election of Governor by c~unty unit system in general election. 5. HB 223. Indigent veterans license exemption. 6. HR 50-236A. Qualification of electors. 7. HB 81. Shorthand reporters. 8. HB 242. Insurance code amendment. 9. HB 243. State rate bureau on insurance (casualty) . 10. HB 244. State rate bureau on insurance (marine). II. HR l0-12A. Election of Governor by county unit system in case of death of Gov-
ernor-elect.

656

JOURNAL OF THE HOUSE,

12. HB 265. Issuance of baby bonds.

13. HB 299. Surety bonds for county officials.

14. HB 66. Newspaper libel law.

15. HR 57-283A. Constitutional amendment providing that no person can ever serve but one term as Governor.

16. HB 175. Warrant of appraisement.

17. HB 174. Division of property in kind.

18. HB 141. Sunday movies.

19. HB 182. Years support.

20. HB 132. Voting machine bill.

21. HB 466. Merger of corporations.

22. HB 347. Aviation gasoline tax.

23. HB 326. Birth certificates.

24. HB 349. Embalming bill.

All general bills with local application will be called up for vote by the speaker in any order that he desires.

The Rules Committee authorizes the speaker to call up any bills herein set forth in any order that he desires.
Elliott of Muscogee, Vice-Chairman

Mr. Joel of Clarke arose to a question of personal privilege and_addressed the House. Mr. Garland of Butts arose to a question of personal privilege and addressed the House.

The following bill of the House was placed on the calendar for the p)lrpose of considering the unfavorable report of the committee:
HB 273. By Messrs. Covington of F1oyd, F1ynt of Spalding, Eve of Richmond, Overby of Hall, and others:
A bill to be entitled an act to amend the Code of Georgia of 1933, which provides for the right of recovery by the mother, or, if no mother, by the father, for the homicide of a child, minor or sui juris, by striking therefrom the words, "Upon whom she or he is dependent, or who contributes to her or his support", so as to eliminate from said section the matter of dependency or contribution as a prerequisite of recovery for the homicide of a child; and for other purposes.

TUESDAY, MARCH 11, 1947

657

The following resolution was read and adopted:

HR 103. By Messrs. Conger of Tift and Hinson of Ware:

A resolution requesting the hoard of regents of the University System of Georgia

to conduct public hearings in regard to the location of a veterinary college in the

southern part of Georgia; and for other purposes.

llnder the order of business established by the Committee on Rules, the following hill and resolution of the House were taken up for consideration and read the third time:
HB 33. By Messrs. Sills of Candler and Causey of Bacon: .
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.
l\Ir. Ramsay of Stephens moved that further consideration of HB 33 be postponed indefinitely.
On the motion the ayes were 48, nays 65.
The motion was lost.
The House was resolved into the Committee of the Whole House to consider HB 33, and the speaker designated Mr. Cochran of Thomas as the chairman thereof.
The Committee of the Whole House arose, and, through its chairman, reported HB 33 back to the House with the recommendation that it do pass by substitute.
The committee substitute was read.
An amendment offered by Mr. Sills of Candler to the committee substitute was read and adopted.
The committee substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill, by substitute, as amended, the speaker ordered a roll c8.11.

658

JOURNAL OF THE HOUSE,

The roll was called and the vote was as follows:

Those voting in the affirmative were Messrs.:

Addleton Anglin Ansley Bagby Bargeron Barrett Battle Beddingfield Bennett Black Bostwick Bradley Britton Bruton Byrd Caldwell Callier Campbell Causey Chance Cheshire Clark Claxton Covington Cowart Cox Dorsey Dykes Ellis

Evans Evitt Fowler Freeman Garrard Garrett Glisson Green of Rabun Hardin of Turner Harrison of Wayne Hefner Hicks Hill Hobby Hubert Hurt Kenimer Key Lewis of Hancock Littlejohn Lockett Lokey McMillan .Mallard Malone Mathews Moore of Lumpkin Moore of Taliaferro Morgan

Those voting in the negative were Messrs.:

Adams of Polk Adams of Towns Avera Bloodworth Caswell Cates Chalker Cheek Conger Coogle Crowe of Worth Durden Flynt

Garrison Gary Gowen Greene of Crisp Hagan Hampton Hardin of Glascock Hardy Harrison of Jeff Davis Harrison of Jenkins Henderson Higgs Hinson

Pearlman Pennington Rainey Ray Rich Risner Rowland Sabados Salter Sills Skinner Smith of Carroll Smith of Emanuel Smith of Fulton Smith of Oglethorpe Stevens Thompson Twitty Tuttle Walker Watford Wells of Clarke Welsch Whaley Williams of Mcintosh Williams of Toombs Willoughby Wilson
Holbrook Holleman Howard of DeKalb Huddleston Ingle Jennings of Baldwin Jones Jordan Kemper Kenyon Kidd King Long

TUESDAY, 1\L-\RCH 11, 1947

659

Lovett McCracken McWhorter Manou! Mason Massey Mathis Mavity Meeks Miller Morris Moye of Washington

Murphy Neel Nicholson Nightingale Oden Overby Padgett Phillips Ramsay Reid Rucker Seagraves

Smith of Clayton Swindle Towill Trulock Vandiver Vickers Williams of Jones Williams of Ware Witherington Yawn

Not voting were Messrs. Adams of Wheeler, Arnall, Briscoe, Brooke, Cochran, Crow of Walker, Davis, Dobbs, Edenfield, Elliott, Etheridge of Baker, Etheridge of Fulton, Eve, Garland, Gibbons, Gibson, Goldberg, Greer, Groover, Hall, Howard of Dawson, Jenkins, Jennings of Sumter, Joel, Johnson of Bulloch, Johnston of Lowndes, Kendrick, Knabb, Knight, Leverette, Lewis of Greene, Mann of Henry, Mann of Rockdale, Mitchell, Morrison, Moye of Lamar, Pulliam, Ramey, Riddlespurger, Shields, Smith of Bryan, Smith of Chatham, Tuten, Wells of Lincoln and Willingham.

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

On the passage of the bill, by substitute, as amended, the ayes were 86, nays 73.

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

Mr. Sills of Candler gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 33.

HR 4I-l83a. By Messrs. Kidd and Jennings of Baldwin:
A resolution to authorize the State properties commission to sell all the right, title and interest which the State of Georgia has or may have in and to a track of land containing 15.58 acres, more or less, in Baldwin county, Georgia; to provide for the method of sale; etc.; and for other purposes.
Mr. Ellis of Coffee moved that further consideration of HR 4l-l83a be postponed indefinitely, and the motion was lost.
Under the provisions of HR 45 the speaker announced the House recessed until l :30 P. l\L this afternoon.
1:30 o'clock P. M.
The speaker called the House to order.
By unanimous consent, a copy of HB 234 was established as the original hill due to the misplacing of the original bill in the committee.
Further consideration of HR 4l-183a was resumed.

660

JOURNAL OF THE HOUSE.

Mr. Jennings of Baldwin moved the previous question, and the call was sustained.

A substitute offered by Messrs. Kidd and Jennings of Baldwin was read.

Amendments offered by Messrs. Kidd and Jennings of Baldwin to the substitute were read and adopted.

The substitute, as amended, was adopted.

The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to, as amended.

On the adoption of the resolution, by substitute, as amended, Mr. Jennings of Baldwin moved the ayes and nays, and the motion was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Towns Adams of Wheeler Addleton Anglin Bargeron Battle Bennett Black Bradley Briscoe Britton Byrd Callier Campbell Clark Cochran Conger Covington Cowart Cox Crowe of Worth Dorsey Dykes Edenfield Elliott

Evans Flynt Fowler Freeman Garrard Garrett Glisson Green of Rabun Hall Hardin of Glascock Harrison of Jeff Davis Hobby Holbrook Howard of Dawson Huddleston Jennings of Baldwin Kemper Kidd Lockett Lokey McCracken McMillan Manous Meeks Morrison

Moye of Washington Neel Nicholson Overby Pennington Rainey Ray Rich Risner Salter Sills Skinner Smith of Chatham Smith of Emanuel Smith of Oglethorpe Trulock Twitty Walker Watford Welsch Whaley Williams of Jones Williams of Toombs Wilson Yawn

TUESDAY, MARCH 11, 1947

661

Those voting in the negative were Messrs.:

Adams of Polk Ansley Avera Bagby Beddingfield Bloodworth

Harrison of Jenkins Hefner Henderson Higgs Hill Hinson

Bruton Caldwell Caswell

Holleman Hubert Hurt

Cates Causey Chalker Chance Cheek Cheshire Claxton Coogle Crow of Walker Durden Eve Evitt Garrison Gary Goldberg Gowen Greene of Crisp Hampton Hardin of Turner Hardy

Ingle Jenkins Jennings of Sumter Jones Jordan Kenyon Key King Leverette Lewis of Greene Lewis of Hancock Littlejohn Lovett McWhorter Mallard Mason Mathews Mathis Mavity Mitchell

Miller Moore of Lumpkin Moore of Taliaferro Morris Murphy Nightingale Oden Padgett Phillips Ramey Ramsay Rowland Rucker Sabados Seagraves Smith of Carroll Smith of Fulton Stevens Swindle Thompson Towill Vandiver Vickers Wells of Clarke Wells of Lincoln Williams of Mcintosh Williams of Ware Witherington

Not voting were. Messrs. Arnall, Barrett, Bostwick, Brooke, Davis, Dobbs, Ellis, Etheridge of Baker, Etheridge of Fulton, Garland, Gibbons, Gibson, Greer, Groover, Hagan, Harrison of Wayne, Hicks, Howard of DeKalb, Joel, Johnson of Bulloclt, Johnston of Lowndes, Kendrick, Kenimer, Knabb, Knight, Long, Malone, Mann of Henry, Mann of Rockdale, Massey, Morgan, Moye of Lamar, Pearlman, Pulliam, Reid, Riddlespurger, Shields, Smith of Bryan, Smith of Clayton, Tuten, Tuttle, Willingham and Willoughby.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, by substitute, as amended, the ayes were 75, nays 86.

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

662

JOURNAL OF THE HOUSE,

:\lr. Jennings of Baldwin gave notice that at the proper time he would move that the House reconsider its action in failing to adopt HR 41-183a.

HB 212. By Messrs. :\IcCracken of Jefferson and Phillips of Columbia:
A bill to be entitled an act to authorize every insurance company organized and doing business by virtue of the laws of this State to acquire and hold real property for the purpose of renting and leasing same, the investments in such property not to exceed five per cent (5o/c) of its total assets, and to be in addition to any and all other investments authorized by laws to prescribe the terms and conditions of such investments; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HE 242. By Messrs. Phillips of Columbia, :\lcCracken of Jefferson, Smith of Emanuel, Ray of Warren and Smith of Fulton:
A bill to be entitled an act to amend the Code of Georgia of 1933, relating to the rights of creditors and beneficiaries in proceeds of policies of life, and endowment insurance; and annuity contracts, by striking from the eighth line of said section the comma (,) which follows the word "insurance" and by striking from the eighth line of said section the word "his" and by inserting in the eighth line of said section immediately following the word "administrators" and preceding the comma (,) following said word the following: "of such insured or the person so effecting such insurance" and to provide how said section shall read when so amended; and for other purposes.
The report 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, nays 3.
The bill, having received the requisite constitutional majority, was passed.

HE 466. By Mr. Covington of Floyd:
A bill to be entitled an act to amend the Code of Georgia by re-designating certain subdivisions and by adding a section to subdivision (e) permitting a corporation to receive property on the complete liquidation of a subsidiary corporation without realizing any taxable gain or loss provided the parent is the owner of stock in the subsidiary possessing at least 80 per centum of the total combined voting power of all classes of stock entitled to vote and is the owner of at least 80 per centum of the total number of shares of all other classes of stock (except nonvoting stock which is limited and preferred as to dividends).
The committee substitute to HB 466 was read.
Mr. Covington of Floyd moved that further consideration of HB 466 be postponed, and the motion prevailed.

TUESDAY, MARCH 11, 1947

663

HB 174. By Mr. Mathews of Peach:
A bill to be entitled an act to amend the Code of Georgia relating to a petitiOn and order for division and appointment of appraisers to divide property in kind, by striking said section in its entirety and by rewriting the same so as to provide that upon the hearing of a petition for division of property in kind, the ordinary, if no good cause to the contrary is shown, shall grant an order for division, and shall appoint three or more freeholders of the county where the administration is pending, 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 108, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 175. By Mr. Mathews of Peach:
A bill to be entitled an act to amend the Code of Georgia prov~ding for the issuance of a warrant of appraisement to appraise the property of deceased persons by striking said section in its entirety and by rewriting same so as to authorize the ordinary to issue a warrant of appraisement to appraisers residing in the county where an administration of a deceased person is pending, to fix the number of appraisers, and to acquire them to appraise all property belonging to the deceased, whether lying in the county, 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, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 182. By Mr. Mathews of Peach:
A bill to be entitled an act to amend the Code of Georgia relating to distribution, advancement and year's support by adding thereto a new section to be numbered as section 113-1002a and to provide therein that appraisers appointed to set apart a year's support to a widow and children, or children only, shall be appointed from the county where the administration of the estate of the deceased is pending, or if no administration, then from the county where the deceased resided at the time of his death; 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, nays 2.
The bill, having received the requisite constitutional majority, was passed.
Mr. Elliott of Muscogee moved that the House do now adjourn.
The motion prevailed.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

664

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, March 12, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. J. C. Wilkinson, pastor First Baptist Church, Athens, Georgia.
By unanimous consent, the call of the roll was dispensed with. Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the journal was dispensed with. The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.
Under the provisiOns of Senate resolutions numbers 14 and 15, in reference to the GeorgiaTennessee boundary dispute, the speaker appointed, as of March 6, 1947, the follow ing members, as a committee of the part of the House, to investigate the boundary dispute:
:Messrs. Howard of DeKalb, Hefner of Pickens, and Evitt of Catoosa.

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 hills of
the House, to wit:
HB43. By Mr. Ramey of Chattooga: A bill to be entitled an act to amend sections 2 and 3 of an act approved September 29, 1891, incorporating the Town of Lyerly, in Chattooga county, State of

WEDNESDAY, MARCH 12, 1947

665

Georgia, Ga. Laws 1890-91, pp. 814-816, as amended by an act approved December 19, 1898, Ga. Laws 1898, pp. 220-221, so as to provide that the election of town officials shall be held on the second Monday in January, 1948, and every two years thereafter; and so as to provide that the term of office of mayor and council of said town shall be two years; and for other purposes.

HB82. By Mr. Ray of Warren:
A bill to be entitled an act to amend an act incorporating the City of Warrenton, Georgia; and for other purposes.

HB 231. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a juvenile court in certain counties, by providing that in counties having a population of 200,000 or more, the salary of the judge of said court shall be $8,500.00 per annum; and for other purposes.

HB 143. By Messrs. Mathis and Johnston of Lowndes:
A bill to be entitled an act to amend the charter of the Town of Hahira, Georgia; and for other pu,rposes.

HB 218. By Messrs. Johnston and .Mathis of Lowndes:
A bill to be entitled an act to amend an act approved March 6, 1945, entitled an act to amend the charter of the City of Valdosta, which act created a system of retirement payments for certain employees of the City of Valdosta; and for other purposes.

HB 228. By Messrs. Johnston and Mathis of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta to issue and sell its bonds for public schools; and for other purposes.

HB 253. By Mr. Beddingfield of Dooly:
A bill to be entitled an act to amend an act approved August 16, 1915, contained in Georgia Laws 1913, at pages 899 to 941, inclusively creating a new charter for the City of Vienna; and for other purposes.

HB 258. By Mr. Chalker of Pulaski:
A bill to be entitled an act to amend an act approved January 25, 1938, Ga. Laws 1938, pp. 873-874, amending an act approved August 7, 1924, Georgia Laws 1924, p. 363, by raising the salary of the clerk of the board of commissioners of roads and revenues of Pulaski county from $900.00 per annum to $1,200.00 per annum; and for other purposes.

666

JOURNAL OF THE HOUSE,

HB 259. By Mr. Chalker of Pulaski:

A bill to be entitled an act to repeal in its entirety an act approved March 5, 1937, pp. 1406-1407, being an act to amend an act to abolish the office of treasurer of Pulaski county; to repeal in its entirety an act approved February 10, 1939; etc.; and for other purposes.

HB 260. By Mr. Chalker of Pulaski:
A bill to be entitled an act to provide for the fees of coroner; to provide for pay for jurors in coroners inquest; in the counties in this State having a population of not less than 9,827 and not more than 9,832 according to the United States census of 1940 and any future census; and for other purposes.

HB 266. By Mr. Kenimer of Harris:
A bill to be entitled an act to amend an act to provide that the mayor and council shall have the power and right to levy a special tax of one-half to one mill for the purpose of maintaining a cemetery located inside or outside of the corporate limits of the Town of Waverly Hall; and for other purposes.

HB 275. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend an act creating the board of county commissioners of roads and revenues of Clinch county; to provide for election of the chairman of said board; and for other purposes.

HB 305. By Mr. Battle of Schley:
A bill to be entitled an act to amend an act approved March 2, 1943 (Ga. Laws 1943, pp. 1110, 1112) entitled an act to consolidate the office of tax receiver and tax collector in the County of Schley, to fix the compensation for the officer performing the duties of said office when so consolidated; and for other purposes.

HB323. By Mr. Coogle of Macon:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver in the County of Macon; and for other purposes.

HB 337. By Mr. Briscoe of Walton:
A bill to be entitled an act to amend the charter of the City of Monroe, found in acts of the General Assembly of Georgia of 1896, pages 212 to 225 inclusive, and other acts amendatory thereof, to amend said charter of City of Monroe so as to provide for a police commission, to authorize the City of Monroe to create a police commission and to authorize the City of Monroe to prescribe the method of the selection, duties, powers, compensation and term; and for other purposes.

WEDNESDAY, MARCH 12. 1947

667

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

HB 348. By Mr. Ray of Warren:
A bill to be entitled an act to amend an act approved Mareh 9, 1945, providing for payment of $90.00 per quarter to the clerk of the superior court of certain counties for the purpose of hiring a deputy clerk, by extending the effective date to January 1, 1949; and for other purposes.

HB 368. By Mr. Witherington of Wilcox:
A bill to be entitled an act to amend the charter of the City of Abbeville; and for other purposes.

HB 377. By Mr. Ramey of Chattooga: A bill to be entitled an act to amend the act approved March 10, 1941, Ga. Laws 1941, pp. 621-634, entitled an act to establish the city court of Chattooga county by striking from said act section 9 in its entirety as said section was amended by an act approved February 23, 1943, Ga. Laws 1943, pp. 728-731, and by rewriting said section so as to fix the cost and fees to which the sheriff and clerk of said court shall be entitled; and for other purposes.
HB 378. By Mr. Ramey of Chattooga: A bill to be entitled an act to amend an act being an act to abolish the board of commissioners of roads and revenues of Chattooga county, Georgia; and for other purposes.
HB380. By Mr. Cheek of Franklin: A bill to be entitled an act to amend an act to create a new charter for the City of Carnesville in the County of Franklin; and for other purposes.
HR 59-283C. By Mr. Willoughby of Clinch: A resolution to authorize and direct the commissioners of roads and revenues of the County of Clinch, in their discretion, to contribute an amount not to exceed $7,500, when a veterans home in Homerville has been completed, if public subscriptions have not fully covered same; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following resolution of the House, to wit:
HR 28-103b. By Mr. Bloodworth of Houston: A resolution whereas, on the second day of December, 1945, while traveling in an automobile belonging to Mrs. Lillian Andrews, Mrs. Robert Sparks and Bruce Sparks, received personal injuries which necessitated hospitalization, doctor bills and medical bills; etc.

668

JOURNAL OF THE HOUSE,

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

SB 87. By Senator Callaway of the 35th:

A bill to be entitled an act to prohibit clerks of courts from charging veterans of certain wars a fee for recording their discharge certificates, to provide for the payment of a fee to be charged by clerks of the courts; and for other purposes.

SB 89. By Senator Wells of the 4th:
A bill to be entitled an act entitled an act to provide that in all counties of Georgia having a population of not less than 5,910 and not more than 6,000 according to the United States census of 1940, that the grand juries of such counties when electing members of the county board of education shall have the power and authority to select one or more members of the county board of education from any militia district or locality in said counties; and for other purposes.

SB 94. By Senator Millican of the 52nd:
A bill to be entitled. an act to provide that in all counties having a population of 200,000 or more the board of commissioners of roads and revenues shall have power to lease, rent or otherwise dispose of open air shells, a.uditoriums or theatrical facilities, where same may be used and devoted to purposes more advantageously . than those for which it was constructed, upon such terms and conditions as said county authority shall deem proper; and for other purposes.

SB 95. By Senator Logan of the 33rd:
A bill to be entitled an act known as an act to amend an act known as the Motor Fuel Tax Law (Ga. Laws 1937, pages 167-207) as amended, section 92-1403, by adding a new sub-section ( 1) to provide for refund of tax paid on gasoline when used solely for agricultural purposes other than the propulsion of motor vehicles upon the highways; and for other purposes.

SB 97. By Senator Huckeba of the 37th:
A bill to be entitled an act relating to counties, cities and other political subdivisions of the State of Georgia and authorizing them to furnish free of charge quarters for nationally recognized veterans' organizations and their auxiliaries; and for other purposes.

SB 108. By Senators Gwyn of the 36th and Huckeba of the 37th:
A bill to be entitled an act to amend an act approved August 19, 1918, entitled an act to abolish the fee system now existing in the superior courts of the Coweta judicial circuit; and for other purposes.

WEDNESDAY, MARCH 12, 1947
SB 109. By Senators Wideman of the 46th and Woodall of the 25th: A hill to he entitled an act to amend an act approved February 1, 1946, Ga. Laws 1946, pp. 206-217, being an act to amend chapter 32-9 of the Code of Georgia as amended relating to the powers and duties of county hoards of education; and for other purposes.
SB 106. By Senator Boone of the 21st: A hill to he entitled an act to provide for the holding of four terms each year of Wilkinson superior court, to provide for the grand jury terms, to prescribe and fix the time for holding the same; and for other purposes.
By unanimous consent, the following hills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 505. By Mr. Cheek of Franklin: A hill to he entitled an act to amend an act to revise and amend laws in respect to divorces, etc.; and for other purposes.
Referred to Committee on Special Judiciary.
HB 506. By Mr. Pulliam of Elbert: A hill to he entitled an act providing funds for the compensati9n of property damage sustained by Mrs. F. H. Albertson caused by collision between a school bus operated under the control of the hoard of education of Elbert county; and for other purposes.
Referred to Committee on Special Appropriations.
HB 507. By Mr. Conger of Tift: A hill to he entitled an act to amend an act providing a new charter for the Town of Omega; and for other purposes.
Referred to Committee on Municipal Government.
HB 508. By Mr. Whaley of Telfair: A hill to he entitled an act to establish a new charter for the City of Milan; and for other purposes.
Referred to Committee on ,Municipal Government.
HB509. By Mr. Whaley of Telfair: A hill to he entitled an act creating the office of commissioner of roads and reve- nue for the Count.y of Telfair; and for other purposes.
Referred to Committee on Counties and County Matters.

670

JOURNAL OF THE HOUSE,

HB510. By Mr. Garrison of Habersham: A bill to be entitled an act to amend an act establishing the city court of Haber sham county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 511. By Messrs. Garrison of Habersham, Dorsey of White, Kenyon of Hall, Rucker of Banks, Green of Rabun and Ramsay of Stephens:
A bill to be entitled an act lo prohibit the sale of merchandise, groceries or other products at the State Institution at Alto for profit; and for other purposes.
Referred to Committee on Alto.

HB 512. By Mr. Garrison of Habersham:
A bill to be entitled an act to extend the hunting season for squirrels in counties having a population of not more than 14,780 nor less than 14,760; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 513. By Mr. Cowart of Calhoun:
A bill to be entitled an act to require the comm1ss1oners of roads and revenues of Calhoun county to make and publish quarterly statements of county expenditures; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 514. By Mr. Cowart of Calhoun: A bill to be entitled an act to abolish the office of tax commissioner and tax receiver in the County of Calhoun; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 515. By Mr. Moye of Lamar:
A bill to be entitled an act to amend an act to confer additional powers upon the corporate authorities of the Town of Barnesville, now City of Barnesville; and for other purposes.
Referred to Committee on Municipal Government.

HB 516. By Messrs. Reid and Smith of Carroll:
A bill to be entitled an act to amend the charter of the City of Villa Rica; and for other purposes.
Referred to Committee on Municipal Government.

WEDNESDAY, MARCH I2, I947

671

HR I05-5I6A. By Messrs. Elliott, Holleman and Shields of Muscogee:

A resolution proposing to the qualified voters an amendment so as to provide that the department of health of the City of Columbus may be combined with the department of health of Muscogee county; and for other purposes.

Referred to Committee on Amendments to Constitution No. 2.

HR I06-5I6B. By Messrs. Flynt and Addleton of Spalding:
A resolution to declare the provisions of HB 2 effective as to all of the municipalities in Spalding county; and for other purposes.
Referred to Committee on Municipal Government.

HB5I7. By Mr. Green of Rabun:
A bill to be entitled an act to prescribe the method by which incorporated cities or towns of this State that are not functioning under their charter may surrender their charter and have their corporate powers dissolved; and for other purposes.
Referred to Committee on Municipal Government.

:Mr. Twitty of Mitchell County, chairman of the Committee on Amendments to Constitution No. I, submitted the following report:

:\Ir. Speaker:
Your Committee on Amendments to Constitution No. I has had under consideration the following bills and resolutions of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR 97-476b. Do Pass.

HR 96-476a. Do Pass.

HB 484.

Do Pass.

HR 98-483a. Do Pass.

HB 483.

Do Pass.

HR 83-39Ia. Do Pass.

Respectfully submitted,
Twitty of Mitchell, Chairman

672

JOURNAL OF THE HOUSE,

Mr. Wilson of Bibb CouiJty, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
Your Committee on Corporations has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 360. Do Pass, by substitute.

Respectfully submitted,

Wilson of Bibb, Chairman

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 477. Do Pass. HB 486. Do Pass. HB 492. Do Pass. HB 491. Do Pass. HB 369. Do Pass, as amended. HB 370. Do Pass. HB 494. Do Pass. HB 476. Do Pass. HB 416. Do Pass. HB 391. Do Pass. SB 99. Do Pass. SB 100. Do Pass.

Respectfully submitted,
Ramey of Chattooga, Chairman

WEDNESDAY, MARCH 12, 1947

673

:Mr, Ramey of Chattooga County, chairman of the Committee on Counties and County :Matters, submitted the following report:

Mr, Speaker:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 421. Do Pass.

HB 447. Do Pass.

HB 429. Do Pass.

HB. 481. Do Pass.

SB 91. Do Pass.

Respectfully submitted,

Ramey of Chattooga, Chairman

Mr. Claxton of Camden, chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined and found properly engrossed, the fol-
lowing hills and resolutions of the House, to wit: HB 34. HB 107.. HR 29-113A. HB 116. HB 117. HB 119. HB 221. HB 222. HB 125. HB 126. HB 259. HB 260. HB 270. HB 275.

674 HR 59-283C. HB 284. HB 285. HB 286. HB 311. HB 312. HR 73. HB 322. HB 342. HB 43. HB 160. HB 246. HB 305. HB 323. HB 337. HB 339. HB 344. HB 348. HB 355. HB 356. HB 357. HB 368. HB 377. HB 378. HB 380. HB 27. HB 324. HB 325. HR 87. HB 8.

JOURNAL OF THE HOUSE.

HB 230. HB 264. HB 268. HR 65-334B. HB 338. HB 371. HB 372. HB 374. HR 77-380A. HB 381. HB 382. HR 93. HR 95. HR 42-203A. HR .44-207A. .HR 62-303B. HR 82-389A. HR 88-426B. HB 204.

WEDNESDAY, MARCH 12, 1947

675

Respectfully submitted,
Claxton of Camden, Chairman

Mr. Mason of Morgan County, chairman of the :llmmittee on General Agriculture No. l, submitted the following report:
Mr. Speaker: Your Committee on General Agriculture No. 1 has had under consideration the follow-
ing bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:
HB 487. Do Pass.
Respectfully submitted,
Mason of Morgan, Chairman

676

JOURNAL OF THE HOUSE,

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 has had under consideration the follow ing hills of the House and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HB 452. Do Pass, as amended. HB 456. Do Pass, as amended. HB 457. Do Pass, as amended.

HB 468. Do Pass.

Respectfully submitted,
Lewis of Hancock, Chairman

Mr. Ray of Warren County, chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the follow ing hills of the House and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HB 234. Do Pass, by substitute.

HB 249. Do Pass.

Respectfully submitted,

Ray of Warren, Chairman

Mr. Harrison of Wayne County, chairman of the Committee on Special Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Special Appropriations has had under consideration the follow ing bill and resolution of the House and has instructed me, as chairman, to report the same hack to the House with the following recommendati~ns:

HB 401.

Do Pass.

HR 68-336h. Do Pass.

Respectfully submitted,
Harrison of Wayne, Chairman

WEDNESDAY, MARCH 12, 1947

677

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 504. ??

Respectfully submitted,

Cheek of Franklin, Chairman

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

SB 91. By Senator Dean of the 34th:
A bill to be entitled an act to amend an act creating the office of commissioner of roads and revenues for the County of Rockdale; and for other purposes.

SB 99. By Senator Millican of the 52nd:
A bill to be entitled an act to create in every county having a certain population, a stadium authority for said county the members of which are to be appointed by the board of commissioners of roads and revenues of such county, or other county authority having charge of the roads and revenues thereof; and for other purposes.

SB 100. 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.

HB 234. By Messrs. Brooke and Britton of Whitfield and Twitty of Mitchell:
A bill to be entitled an act to require the inoculation of dogs against rabies; to provide for the creation of the office of county rabies inspector, etc.; and for other purposes.

HB 249. By Messrs. Joel of Clarke, Nightingale of Glynn, Addleton of Spalding, and others:
A bill to be entitled an act to provide that the curriculum of all high schools supported wholly or in part by public funds shall contain a course in sex hygiene; that the course in sex hygiene shall be taught in the last two high school grades; that the State board of education shall prescribe the course of study and shall fix the time when said course shall go into effect; that the State board of education shall make such rules and regulations, etc.; and for other purposes.

678

JOURNAL OF THE HOUSE,

HR 68-336b. By Messrs. Bagby of Paulding, Hinson of Ware and Evitt of Catoosa:
A resolution authorizing the treasurer of the State of Georgia to pay the sum of $650.00 to Ernest C. Dailey, trooper on the Georgia State patrol, for damages to his personal automobile whole in the line of duty; and for other purposes.

HB 360. By Messrs. Joel and Wells of Clarke:
A bill to be entitled an act to amend an act to amend the charters granted by the superior courts of this State to authorize any corporation heretofore or hereafter granted a charter by a superior court or judge thereof; etc.; and for other purposes.

HB 369. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to provide for the furnishing of an identification cer tificate by tax collectors to persons who register to vote in any and all counties in the State of Georgia having a certain population; and for other purposes.

HB 370. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to amend an act relating to the salaries of county officer and the method of determining and fixing the same by providing that in counties having a certain population the total compensation of the tax collector shall not exceed the sum of $6,500.00 per annum; and for other purposes.

HB 391. By Mr. Coogle of Macon:
A bill to be entitled an act to amend an act entitled an act to amend an act creating a board of commissioners of roads and revenues for the County of Macon so as to prescribe the method of electing the commissioners by striking said section 2 of said act in its entirety and rewriting same so as to provide taat the commissioners in primaries shall be nominated by voters of the district wherein the candidate for members of the board of commissioners of roads and revenues shall reside; and for other purposes.

HR 83-39la. By Messrs. Flynt and Addleton of Spalding:
A resolution proposing to the qualified voters an amendment to the Georgia Constitution of 1945, so as to provide for the division of Spalding county into school districts, and for the election of members of the county board of education from such school districts, to provide for their terms of office and qualifications; to provide for the election and appointment by the county board of education of a superintendent of the county school system; etc.; and for other purposes.

HB 401. By Mrs. Rainey of Terrell and Messrs. Flynt and Addleton of Spalding:
A bill to be entitled an act to appropriate five thousand dollars to the department of archives and history for the use and purpose of repairing any books, pamphlets and other records which are in the department's central depository and are in need of binding and repair for their preservation and for the use of having, etc.; and for other purposes.

WEDNESDAY,.MARCH 12, 1947

679

HB 416, By Mr, Hampton of Fannin:
A bill to be entitled an act amending "an act to create the office of commissioner of roads and revenues of Fannin county", etc.; and for other purposes.

HB 421. By Mr. Dykes of Bleckley:
A bill to be entitled an act fixing salaries for elective county officials in the county of Bleckley; and for other purposes.

HB429. By Messrs. Towill, Morris and Eve of Richmond:
A bill to be entitled an act to prohibit and to regulate within the territorial limits of any county in this State having a certain population, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; to restrict the handing out of cards or pamphlets for any person or proposition to be voted on; etc.; and for other purposes.

HB447. By Mr. Knabb of Charlton:
A bill to be entitled an act to amend an act to create a board of commissioners of roads and revenues for the County of Charlton; etc., etc., etc.; and for other purposes.

HB 452. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to be entitled an act to amend the act creating the municipal court of Savannah so as to provide that the municipal court of Savannah shall have juris diction to try criminal offenses against the laws of Georgia; and for other purposes.

HB 456. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to be entitled an act to repeal all of the several laws relating to the city court of Savannah and to abolish said court; and for other purposes.
HB 457. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to provide an additional judge to preside regularly in the superior court of the Eastern judicial circuit of Georgia so as to make two judges in said court, to provide for the powers, duties and compensation of such additional judge; and for other purposes.

HB 468. By Messrs. Causey of Bacon, Sabados of Dougherty and Murphy of Haralson:
A bill to be entitled an act to amend the Code of Georgia of 1933 as amended by an act relating to the State board of accountancy; creation; membership; appoint ment; removal; qualifications; vacancies; compensation; etc., etc.; and for other purposes

680

JOURNAL OF THE HOUSE,

HB 476. By Mr. Pulliam of Elbert:
A hill to he entitled an act to increase the feee of coroners for services in connec tion with the holding of inquests in counties having a certain population; and for other purposes.

HR 96-476a. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution proposing constitutional amendment to permit Fulton county to col lect business licenses; and for other purposes.

HR 97-476b. By Mes~rs. Etheridge, Kendrick and Smith of Fulton: A resolution proposing a constitutional amendment authorizing and ratifying ex tension of civil service system in Fulton county; and for other purposes.
HB 477. By Messrs. Dobbs and Jordan of Gwinnett: A bill to be entitled an act to amend an act entitled an act to fix the salary of the treasurer of Gwinnett county in lieu of commissions as paid; to pay premiums on his bond from funds of the county treasury; and for other purposes.
HB 481. By Messrs. Nightingale and Gowen of Glynn:
A bill to be entitled an act to amend an act creating the board of coiDIDlSsioners of roads and revenue for Glynn county, Georgia; so as to authorize said commis sioners to levy a tax for sc~ool purposes; and for other purposes.
HB 483. By Mr. Twitty of Mitchell:
A bill to be entitled an act to provide for the safety of life and property and to create a board of boiler rules which shall formulate rules and regulations for the safe construction, installation, repair, use and operation of boilers and unfired pressure vessels; and for other purposes.
HR 98-483a. By Messrs. MeWhorter, Hubert and Howard of DeKalb:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia so as to authorize and provide that the county board of education of DeK~b 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.

HB 484. By Mr. Twitty of Mitchell:
A bill to be' entitled an act to authorize comptroller general to prescribe uniform regulations in this State for safety in design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer and utilized liquefied petroleum gases for fuel purposes; and for other purposes.

WEDNESDAY, MARCH 12, 1947

681

HB 436. By Mr. Wells of Clarke:
A bill to be entitled an act to prohibit and to regulate within the territorial limits of any county in this State having a population of between certain numbers, the solicitation of votes for any person or proposition, etc.; and for other purposes.

HB 487. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to amend the Code of Georgia of 1933, relating to the amount of flour, grits, and corn meal to be packed in barrels and sacks; and for other purposes.

HB492. By Mr. Swindle of Berrien:
A bill to be entitled an act to amend an act passed by the General Assembly of Georgia creating a board of commissioners of roads and revenues of Berrien county; and for other purposes.

HB 494. By Messrs. Skinner, Evans and Smith of Chatham:
A bill to be entitled an act to authorize the officers of any county of this State having a certain population, who have records, including the clerks of the several courts of such county, the ordinary of court of ordinary of such county, and all other such county officers to install and use photostatic equipment or other pho tographic equipment in recording and copying such records and in furnishing copies thereof, etc.; and for other purposes.

HB 504. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an act to amend an act creating a new city court of Brunswick; and for other purposes.

HB491. By Mr. Swindle of Berrien:
A bill to be entitled an act to amend an act passed by the General Assembly of Georgia creating a board of commissioners of roads and revenues of Berrien county, Georgia; and for other purposes.

By unanimous consent, the following bills of the House and Senate were read the third time, and placed upon their passage:
SB 65. By Senator Grayson of the 1st:
A bill to be entitled an act to revise, alter and amend the several acts incorporating the mayor and councilmen of the Town of Tybee, Savannah Beach, Georgia; and for other purposes.

682

JOURNAL OF THE HOUSE.

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

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

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

SB 93. 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 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB407. By Mr. Wells of Clarke:
A bill to be entitled an act to amend an act entitled "an act to amend the charter of the Town of Athens, and the various acts amendatory thereof"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB474. By Mr. Nightingale of Glynn: A bill to be entitled an act to amend the charter of the City of Brunswick in the County of Glynn; and for other purposes.
The report 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 475. By Messrs. Cochran and Nee] of Thomas:
A bill to be entitled an act to amend the charter of the Town of Meigs in the Counties of Thomas and Mitchell, etc.; and for other purposes.

WEDNESDAY, MARCH 12, 1947

683

The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 317. By Messrs. Hicks, Littlejohn and Covington of Floyd:
A bill to he entitled an act to amend an act creating a new charter for the City of Rome; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 363. By Messrs. Edenfield and Smith of Emanuel:
A bill to be entitled an act to incorporate the Town of Norristown, in the County
of Emanuel, State of Georgia, etc.; 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 109, nays 0.
The bill, having receiv~d the requisite constitutional majority, was passed.

HB 414. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act authorizing the mayor and aldermen of the Town of Thunderbolt, in Chatham county, Georgia, to close what is claimed to he a street in a strip of land formerly known as the "Doyle triangle lot,"; 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 no, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 451. By Mr. Oden of Pierce:
A bill to be entitled an act to consolidate and revise the charter of the City of Blackshear; 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 Ill, nays 0.
The bill, having received the requisite constitutional majority, was passed.

684

JOURNAL OF THE HOUSE,

HB 464. By ~fessrs. Etheridge, Kendrick and Smith of Fulton:
A hill to he entitled an act to amend an act entitled an act to create a new charter for the City of East Point in the County of Fulton; 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 112, nays 0.

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

HB 482. By ~Ir. Morrison of Montgomery:
A bill to be entitled an act to amend an act to incorporate the Town of Ailey, in the County of Montgomery, 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 113, nays 0.
The bill, having received the" requisite constitutional majority, was passed.

HB 469. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta and the several acts amendatory thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 462. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act to create a new charter for the City of East Point in the County of Fulton; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 470. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A hill to be entitled an act to amend an act establishing a new charter for the City of Atlanta and the several acts amendatory thereof; and for other purposes.

WEDNESDAY, MARCH 12, 1947

685

The report of the committee, which was favorable to the passage of the bill, waa 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 478. By Messrs. Mavity and Crow of Walker:
A bill to be entitled an act to create a new charter and municipal government for the City of Rossville; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 479. By Mr. Adams of Polk:
A bill to be entitled an act to amend the charter of the City of Cedartown, etc., 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 485. By Messrs. Salter and Freeman of Upson:
A bill to be entitled an act to amend an act of the General Assembly entitled an act to amend, consolidate and supersede the several acts incorporating the City of Thomaston in the County of Upson; and for other purposes. The report of the committee, which was favorable to the passage ~f the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 489. By Messrs. Elliott, Holleman and Shields of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus in the County of Muscogee; to extend the corporate limits of said city so aa to include therein such tract of land as is herein described; and for other purposes.

68t!i

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 120, nays 0.

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

HB 490. By Messrs. Hill and Thompson of Meriwether, Kenimer of Harris and Callier of Talbot:
A bill to be entitled an act to establish a planning district for Meriwether, Harris and Talbot counties; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 493. By Mr. Bradley of Tattnall: A hill to be entitled an act to incorporate the City of Reidsville; and for 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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 189. By Messrs. Williams of Mcintosh and Nightingale and Gowen of Glynn:
A bill to be entitled an act creating the Georgia coastal scenic highway authority; authorizing the authority to promote, develop, construct, equip, maintain and operate a toll highway in any or all of the counties in the coastal highway district of this State, etc.; 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 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following bills of the Senate were read the first time, and referred to the committees:

WEDNESDAY, MARCH 12, 1947

687

SB 87. By Senator Callaway of the 35tli.:

A bill to be entitled an act to prohibit clerks of courts from charging veterans of certain wars a fee for recording their discharge certificates; to provide for the payment of a fee to be charged by clerks of the courts; and for other purposes.

Referred to Committee on Veterans Affairs.

SB 89. By Senator Wells of the 4th:
A bill to be entitled an act entitled an act to provide that in all counties of Georgia having a population of not more than 6,000 according to the United States census of 1940, that the grand juries of such counties when electing members of the county board of education shall have the power and authority to select one or more members of the county board of education from any militia district or locality in said counties; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 94. By Senator :Millican of the 52nd:
.-\ bill to be entitled an act to provide that in all counties having a population of 200,000 or more the board of commissioners of roads and revenues shall have power to lease, rent or otherwise dispose of open air shells, auditoriums or theatrical facilities, where same may be used and devoted to purposes more advantageously than those for which it was constructed, upon such terms and conditions as said 'county authority shall deem proper; and for other purposes.
Referred to Committee on Counties and County Matters.

SB95. By Senator Logan of the 33rd:
A bill to be entitled an act known as an act to amend an act known as the Motor Fuel Tax Law (Georgia Laws 1937, pages 167-207) as amended, section 92-1403, by adding a new sub-section (1) to provide for refund of tax paid on gasoline when used solely for agricultural purposes other than the propulsion of motor vehicles upon the highways; and for other purposes.
Referred to Committee on Ways and Means.

SB 97. By Senator Huckeba of the 37th:
A bill to be entitled an act relating to counties, cities and other political subdivisions of the State of Georgia and authorizing them to furnish free of charge quarters for nationally recognized veterans' organizations and their auxiliaries; and for other purposes.
Referred to Committee on Military Affairs.

688

JOURNAL OF THE HOUSE,

SB 106. By Senator Boone of the 21st:
A bill to be entitled an act to provide for the holding of four terms each year of Wilkinson superior court, to provide for the grand jury terms, to prescribe and fix the time for holding the same; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 108. By Senators Gwyn of the 36th and Huckeba of the 37th:
A bill to be entitled an act to amend an act approved August 19, 1918, entitled an act to abolish the fee system now existing in the superior courts of the Coweta judicial circuit; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 109. By Senators Wideman of the 46th and Woodall of the 25th:
A bill to be entitled an act relating to the powers and duties of county boards of education, so as to provide that the county boards of education may divide the whole county into political sub-divisions for the purpose of issuing bonds to pur chase school sites and to build and equip schoolhouses and may issue bonds therefor; to set up and establish the procedure for bond elections by the local districts where bonds are to be issued and sold for the purpose of securing school sites and for building and equipping schoolhouses; and for other purposes.
Referred to Committee on Education No. 1.

The following report of the Committee on Rules was submitted and read:
Mr. Speaker: Your committee on Rules having had under consideration the fixing of a calendar for
today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
l. HR 12-12C. Election of Governor by county unit system in general election. 2. SR 10. Right to work. 3. HB 223. Indigent veterans license exemption. 4. HR 50-236A. Qualification of electors. 5. HB 81. Shorthand reporters. 6. HB 243. State rate bureau on insurance (casualty) . 7. HB 244. State rate bureau on insurance (marine). 8. HB 265. Issuance of baby bonds. 9. HB 299. Surety bonds for county officials. 10. HB 66. Newspaper libel law.

WEDNESDAY, MARCH 12, 1947

689

HB 415. Income tax. ll. HR 57-283A. Constitutional amendment providing that no person can ever serve hut
one term as Governor.
12. HB 141. Sunday movies. 13. HB 132. Voting machine hill. 14. HB 347. Aviation gasoline tax. 15. HB 326. Birth certificates. 16. HB 349. Embalming hill. 17. HB 238. Parking, motor vehicles. 18. HB 255. l{eport of insurance companies. 19. HB 298. Suspended sentences. 20. HB 435. Richmond county reformatory school. 21. HB 229. 2% allowance to filling stations. 22. HB 197. Incapacitated teachers.
23. HB 122. Fire protection and safeguards.
24. HB 20. Compensation of court reporters.
25. HB 399. Certificate of necessity. 26. HB 437. Reciprocal agreements motor carriers.
All general bills with local application will be called up for vote by the speaker in any order that he desires.
The Rules Committee authorizes the speaker to call up any bills herein set forth in any order that he desires.
Elliott of Muscogee, Vice-Chairman

Mr. Sills of Candler moved that the House reconsider its action in failing to pass the following bill of the House:
HB 33. By Messrs. Sills of Candler and Causey of Bacon:
A hill to he 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.
On the motion to reconsider, the ayes were 63, nays 45.
The motion to reconsider prevailed.

690

JOURNAL OF THE HOUSE,

Mr. Jennings of Baldwin moved that the House reconsider its action in failing to adopt the following resolution of the House:

HR4l-l83a. By Messrs. Kidd and Jennings of Baldwin:
A resolution to authorize the State properties commission to sell all the right, title and interest which the State of Georgia has or may have in and to a tract of land containing 15.58 acres, more or less, in Baldwin county, Georgia; to provide for the method of sale, etc.; and for other purposes.
On the motion to reconsider, the ayes were 6?, nays 36.
The motion to reconsider prevailed.

Under the order of business established by the Committee on Rules the following resolution of the Hous_e was again taken up for consideration:
HR l2-12c. By Messrs. Twitty of Mitchell, Crowe and Hobby of Worth, Britton and Brooke of Whitfield, and others:
A resolution proposing an amendment to the constitution to elect a Governor by the county unit method; and for other purposes.

The following substitute to HR l2-l2c was read:
Substitute for HR l2-l2C. By Mr. Elliott of Muscogee:
A resolution to propose to the people of Georgia an amendment to the constitution by striking therefrom paragraph four of section one of article five and inserting a new paragraph four to provide for the publishing of the returns and declaring the result in the race for Governor.
SECTION l
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that it is hereby proposed to amend the Constitution of the State of Georgia by striking therefrom paragraph four of section one of article five in its entirety and inserting in lieu thereof a new paragraph four of said section and article to. read as follows:
"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, upon a county unit basis as hereinafter set out, shall be declared duly elected Governor of this State; the person receiving the highest number of popular votes in any given county shall be considered to have carried such county, and shall be entitled to the full vote of such county on the county unit basis, that is to say, two votes for each representative to which such county is entitled in the lower House of the General Assembly. If in any county any two or more persons shall tie for the highest number of popular votes received, the county unit vote of such county shall be equally divided between the persons so tying. If no person shall have a majority of the total county unit votes, then from the two persons having the highest number of county unit votes,

WEDNESDAY, MARCH 12, 1947

691

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. All general and special elections for Governor and Lieutenant-Governor shall be on the county unit basis as heretofore set forth.

SECTION 2
BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly the same shall be entered on their journals with the "ayes" and "nays" taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the constitution at the next general election in 1948 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 electing a Governor by the people on a county unit basis". Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words "Against electing a Governor by the people on a county unit basis". If a majority of those voting vote for the amendment amending the constitution as herein provided, when the results are certified to the Governor he shall proclaim the amendment as a part of the Constitution of the State of Georgia.
By unanimous consent, the House agreed to stay in session until action on HR 12-12c was completed.
.\lr. Crowe of Worth moved the previous question, and the call was sustained.
The substitute offered by Mr. Elliott of Muscogee was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, by substitute.

On the adoption of the resolution, by substitute, the speaker ordered the roll call and the vote was as fllllows:

Those voting in the affirmative were Messrs.:

Adams of Towns Addleton Anglin Ansley Avera Bagby Bargeron Barrett Bennett Black Bloodworth Bradley Briscoe

Britton Byrd Callier Caswell Cates Chalker Chance Cheek Clark Cochran Conger Coogle Cowart

Cox Crowe of Worth Davis Dorsey Dykes Edenfield Elliott Ellis Etheridge of Baker Flynt Freeman Garland Garrard

692

JOURNAL OF THE HOUSE,

Garrett Gary Glisson Green of Rabun Greene of Crisp Hall Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Hill Hobby Howard of Dawson Howard of DeKalb Huddleston Ingle Jennings of Baldwin Jennings of Sumter Johnson of Bulloch Jones Jordan Kidd King Knight Leverette Lewis of Hancock Lockett

Lokey Lovett McCracken McMillan Mann of Rockdale Manous Mathews Mavity Meeks Mitchell Miller Morrison Moye of Lamar Murphy Neel Oden Overby Padgett Pennington Pulliam Rainey Ramey Ray Rich Risner Rowland

Those voting in the negative were Messrs.:

Adams of Polk Battle Beddingfield Bruton Caldwell Campbell Causey Cheshire Claxton Covington Dobbs Durden Etheridge of Fulton Evans Eve Evitt Fowler Garrison

Gibbons Goldberg Gowen Hagan Hampton Hardy Harrison of Jenkins Hefner Henderson Hicks Hinson Holbrook Holleman Hubert Hurt Jenkins Joel Kemper

Rucker Sabados Salter Shields Sills Smith of Bryan Smith of Carroll Smith of Emanuel Smith of Oglethorpe Stevens Thompson Twitty Tuttle Vickers Walker Watford Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Willoughby Witherington Yawn
Kendrick Kenimer Kenyon Key Knabb Littlejohn Long McWhorter Mallard Mann of Henry Mason Massey Mathis Moore of Taliaferro Morgan Morris Moye of Washington Nicholson

WEDNESDAY, MARCH 12, 1947

693

Nightingale Phillips Ramsay Reid Riddlespurger

Seagraves Skinner Smith of Clayton Smith of Fulton Towill

Trulock Tuten Vandiver Willingham Wilson

Not voting were Messrs.: Adams of Wheeler, Arnall, Bostwick, Brooke, Crow of Walker, Gibson, Greer, Groover, Harrison of Wayne, Higgs, Johnston of Lowndes, Malone, Moore of Lumpkin, Pearlman, Smith of Chatham, Swindle, Wells of Clarke and Williams of Ware.

The roll call was verified.

On the adoption of the resolution, by substitute, the ayes were 116, nays 69.

The resolution, having failed to receive the requisite two-thirds (2/3) constitutional majority, was lost.

Under the order of business established by the Committee on Rules the following bills of the House were taken up for consideration and read the third time:
HB 265. By Mr. Walker of Ben Hill:
A bill to be entitled an act to amend the Code of Georgia of 1933 relating to the manner in which assessments for municipal street improvements shall be payable in installments, and to amend further the Code of Georgia of 1933; 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 wece 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 223. By Mr. Twitty of Mitchell:
A bill to be entitled an act to amend the Code of Georgia of 1933 as amended, relating to the right of disabled or indigent veterans and blind persons to peddle or to conduct business without a license, etc., etc.; and for other purposes.

The following amendment was read and adopted:
Messrs. Baghy of Paulding and Twitty of Mitchell move t.o amend HB 223 by adding between the word "war" and word "or" in third line of section 84-2011 the words "world war II".
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

694

JOURNAL OF THE HOUSE,

On the passage of the bill, as amended, the ayes were 103, nays 3.

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

Mr. Gowen of Glynn asked unanimous consent that the House disagree to the Senate substitute and amendments to the following bill of the House, to wit:

HB 2. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an act to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; and for other purposes.
The unanimous consent request was granted, and the Senate substitute and amendments were disagreed to.

The following resolution of the House was read and adopted:
HR 107. By Messrs. Kenyon of Hall, Meeks of Union, Overby of Hall, and others:
_-\ resolution commending the United States forest service for services rendered in the State of Georgia and urging continuance and expansion of same.

HB 243. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Smith of Fulton, a)ld others:
A bill to be entitled an act relating to the regulation of rates for casualty insurance including fidelity, surety and guaranty bonds, and for all other forms of motor vehicle insurance; and for other purposes.
By unanimous consent, further consideration of HB 243 was postponed.

HB 244. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Smith of Fulton, and others:
A bill to be entitled an act to regulate the making and applying of rates for fire, marine and inland marine insurance, which shall not be excessive, inadequate or unfairly discriminatory; to provide for the licensing of rating organizations and for the supervision of such rating organizations by the insurance commissioners, etc., etc.; and for other purposes.
By unanimous consent, ~urther consideration of HB 244 was postponed.
Mr. Elliott of Muscogee 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, MARCH 13, 1947

695

Representative Hall, Atlanta, Georgia. Thursday, March 13, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. J. C. Wilkinson, pastor First Baptist Church, Athens, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, 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 confinned.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

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 105. By Messrs. Wells and Joel of Clarke:
A bill to be entitled an act to amend paragraph 56-A of the General Tax Act of 1935 (Ga. Laws 1935, p. 11, 35), imposing the tax or license fee on persons, finns or corporations engaged in fortune telling, phrenology, clairvoyance or other kindred practices, businesses or professions, by empowering the board of county commissioners of each county to regulate and tax such practices; and for other purposes.

696

JOURNAL OF THE HOUSE,

HB 111. By Mr. Wells of Lincoln:

:\ hill to he entitled an act to provide for the appointment by the sheriff of Lincoln county, Georgia, of a deputy sheriff of Lincoln county, Georgia, to provide for the amount of his compensation, term of office, and method of payment; and for other purposes.

HB 112. By Mr. Wells of Lincoln:
A hill to be entitled an act to amend an act approved August 16, 1916, as amended by an act. approved March 12, 1941, to provide for the compensation for the treas urer of Lincoln county; and for other purposes.

HB 116. By Messrs. Mathis and Johnston of Lowndes, and others:
A hill to be entitled an act providing for the rank or priority of liens of judgment for damages arising out of a common disaster or occurrence; and for other purposes.

HB 126. By Messrs. McWhorter, Howard and Hubert of DeKalb, and Smith of Clayton:
A hill to be entitled an act to amend an act approved March 9, 1943, providing a salary for the official court reporter of the Stone Mountain judicial circuit and the several acts amendatory thereof by providing that such official court reporter shall retain all fees collected for the transcribing of civil cases.

HB 222. By Messrs. Caldwell and Groover of Troup:
A hill to be entitled an act to increase fees of coroners' jurors for services in con nection with the holding of inquests in counties having a population of not less than fortythree thousand eight hundred and seventy.five, and not more than forty three thousand eight hundred and eighty.five; and for other purposes.

HB230. By Messrs. McWhorter, Howard and Hubert of DeKalb, Mann of Rockdale, and others:
A bill to he entitled an act to amend an act of the General Assembly of Georgia approved August 19, 1918, page 390, fixing the salary of the solicitor general of the Stone Mountain circuit; and for other purposes.

HB 283. By Mr. Trulock of Grady:
A hill to he entitled an act to aqtend an act entitled an act to abolish the offices of tax receiver and tax collector of Grady county, Georgia; and for other purposes.

THURSDAY, MARCH 13, 1947

697

The Senate has passed by the requisite constitutional majority the following bills and re8olutions of the Senate and House, to wit:

HB 311. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A hill to he entitled an act to provide the department of welfare in certain counties may invest funds in real estate for the building of charitable and welfare purposes; and for other purposes.

HB 342. By Mr. Wells of Lincoln:
A hill to he entitled an act to penalize the possession of malt beverages and wine in all counties of the State of Georgia having a certain population; to fix punish ment therefor; and for other purposes.

HB 382. By Messrs. Howard, Hubert and MeWhorter of DeKalb:
A hill to he entitled an act to authorize ~he establishment of a department of investigation for DeKalh county, for providing the method of appointment for the head of said department; and for other purposes.

HR 29-113a. By Mr. Campbell of Newton:
A resolution designating certain roads and routes in Georgia to commemorate serv ices of men who served in the armed forces of the U. S. during the war with Spain. Said roads and routes being a part of the United Spanish War Veterans memorial highway.

SR 27. By Senator Dorsey of the 32nd:
A resolution commending the U. S. forest service for services rendered in the State of Georgia, and urging continuance and expansion of same.

SR 28. By Senators Carswell of the 17th and Bush of the 8th:
A resolution to establish a memorial to the sons and daughters of Georgia who have served their State and nation so valiantly in time of war by designating Blue Star drive as such a memorial.

SB 77. By Senator Millican of the 52nd:
A hill to he entitled an act to amend an act entitled an act to repeal an act approved August 18, 1925, relating to pensions for members of the police depart ment in cities having a population of 150,000 according to the last census of the U. S. or any subsequent census thereof; and for other purposes.

698

JOURNAL OF THE HOUSE,

SB 102. By Senator Callaway of the 35th:
A bill to amend 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.

The Senate has passed, as amended, by the requisite constitutional majority, the following bills of the House, to wit:
HB 18. By :\fr. Hicks of Floyd:
A bill to he entitled an act to provide for the venue of suits and citations for settlement, accounting or removal, against non-resident administrators and executors or guardians appointed by any court of this State; to provide for service thereof, and to provide for an attorney-in-fact for service upon such administrators and executors; and for other purposes.

HB 80. By :Yiessrs. Smith and Reid of Carroll:
A hill to he entitled an act to amend section 24-820 of the Code of 1933 by striking the entire section and adding in lieu thereof. a new section and increasing the fees of the constables of the militia districts.

By unanimous coment, the following hills of the House were introduced, read the first time, and referred to the committees:
HB 518. By Mr. Arnall of Coweta: A hill to he entitled an act to amend an act to create a new charter for the City of Newnan; to extend corporate limits of said city; and for other purposes.
Referred to Committee on :\Iunicipal Government.

HB 519. By :Yir. Garrison of Habersham: A hill to he entitled an act to amend the charter of the City of Clarkesville; and for other purposes.
Referred to Committee on Municipal Government.

HB 520. By }Jr. ;'>lightingale of Glynn:
A hill to he entitled an act to amend an act known as the "Corporation Act of 1938''; and for other purposes.
Referred t~ Committee on Corporations.

THURSDAY, MARCH 13, l94i

699

HB 521. By Mr. Harrison of Wayne: A hill to be entitled an act incorporating the City of Jesup; and for other purposes.
Referred to Committee on Municipal Government.

HB 522. By Messrs. Davis of Bartow, Williams of Toombs, Adams of Polk, Jenkins of Bar. tow, Harrison of Jenkins and Twitty of Mitchell:
A bill to be entitled an act to amend an act entitled an act to amend the "Public Safety Department Act"; by providing for one troop to consist of not more than 300 men; and for other purposes.
Referred to Committee on Public Highways No. I.

HB 523. By Mr. Massey of Dade:
A bill to be entitled an act to amend an act to provide for a new charter for the City of Trenton; and for other purposes.
Referred to Committee on Municipal Government.

HB 524. By Mr. Dorsey of White:
A bill to be entitled an act to amend an act incorporating the Town of Cleveland; and for other purposes.
Referred to Committee on Municipal Government.

HB 525. By Messrs. Hubert, Howard and McWhorter of DeKalb:
A bill to be entitled an act to create a system of pensions and retirement pay for officers and employees of DeKalb county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 526. By Messrs. Etheridge and Smith of Fulton; Hubert, Howard and McWhorter of DeKalh:
A bill to be entitled an act to establish a metropolitan planning district for Fulton and DeKalb counties; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 52i. By Mr. Lewis of Hancock:
A bill to ?e entitled an act to provide that the ordinary, sheriff and clerk of the superior court of a county in the State of Georgia having a population of not less

700

JOURNAL OF THE HOUSE,

than 12,762 and not more than 12,766, shall designate the official organ for publishing legal advertisements in a newspaper in said county; and for other purposes.

Referred to Committee on Counties and County Matters.

HB 528. By Messrs. Smith, Kendrick and Etheridge of Fulton: A bill to be entitled an act to amend an act to create a new charter for the City of East Point; and for other purposes.
Referred to Committee on Municipal Government.

HB 529. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend an act creating_ a new charter for the City of East Point; and for other purposes.
Referred to Committee on :Municipal Government.

HB 530. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend an act creating a new charter for the City of East Point; and for other purposes.
Referred to Committee on l\lunicipal Government.

HB 531. By :\lessrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend the charter of College Park; and for other purposes.
Referred to Committee on :Municipal Government.

HB 532. By :\fr. Bradley of Tattnall: A bill to be entitled an act to abolish the offices of tax collector and tax receiver in the County of Tattnall; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 533. By Messrs. Lovett of Laurens and Garrison of Habersham:
:\ bill to be entitled an act to amend an act relating to the distribution of funds to counties to be used exclusively for the construction and maintenance of public roads; and for other purposes.
Referred to Committee on State of Republic.

THURSDAY, MARCH 13, 1947

701

Mr. Sabados of Dougherty 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 has had under consideration the
following bills and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:
HB 392. Do Pass. HB 503. Do Pass. HB 443. Do Pass. HR 105-516A. Do Pass. HR 104-504A. Do Pass. SR 13. Do Pass. SB 70. Do Pass.
Respectfully submitted, Sabados of Dougherty, Chairman

:\lr. Ramey of Chattooga County, chairman of the Committee on Counties and County :\Ialters, submitted the following report:
:\lr. Speaker: Your Committee on Counties and County Matters has had under consideration the fol
lowing bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:
HB 512. Do Pass. HB 509. Do Pass. HB 510. Do Pass. HB 514. Do Pass.
HB 383. Do Pass. HB 513. Do Pass. HB 375. Do Not Pass.
SB 105. Do Pass.
Respectfully submitted, Ramey o' f Chattooga, Chairman

702

JOURNAL OF THE HOUSE,

Mr. Walker of Ben Hill County, chairman of the Committee on Game and Fish, submitted the following report:

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

HB 500. Do Pass.

HB 309. Do Pass.

HB 419. Do Not Pass.

HB 418. Do Pass.

Respectfully submitted,
Walker of Ben Hill, Chairman

Mr. Ray of Warren County, chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 53. Do Pass.

Respectfully submitted,
Ray of Warren, Chairman

Mr. Thompson of Meriwether County, chairman of the Committee on Municipal Gov ernment, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chai~man, to report the same back to the House with the following recommendations:

SB 98. Do Pass. SB 103. Do Pass. SB 104. Do Pass. HB 373. Do Pass. HB 495. Do Pass. HB 517. Do Pass. HB 165. Do Pass. HB 269. Do Pass. HB 516. Do Pass. HB 376. Do Not Pass. HB 508. Do Pass.

Respectfully submitted,
Thompson of Meriwether, Chairman

THURSDAY, MARCH 13, 1947

703

~fr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, submitted the following report:

.\lr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 505. Do Pass.

Respectfully submitted,

Cheek of Franklin, Chairman

~fr. ~IcCracken of Jefferson County, chairman of the Committee on State of Republic, submitted the following report:

.\Ir. Speaker:
Your Committee on State of Republic has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the :tlouse with the following recommendations:

HB 480. Do Not Pass.

HB 501. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
SR 13. By Senator Millican of the 52nd:
A resolution proposing an amendment to paragraph 1 of section 4 of article 7 of the Constitution of the State of Georgia of 1945 to extend coverage of pension system for Fulton county employees; and for other purposes.

SB 53. By Senators Sumner of the lOth, Coker of the 39th and Griffith of the 29th:
A bill to be entitled an act to amend the Code of Georgia relating to the election, qualifications, term of office, compensation, bond, etc., of the director of public health, etc. ; and for other purposes.

SB 70. By Senator Millican of the 52nd:
A bill to be entitled an act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia, so as to authorize the City of Atlanta to issue

704

JOURNAL OF THE HOUSE,

revenue certificates for the purpo8e of making repairs and improvements in its water works system and sanitary department; to provide for the payment of cer tificates out of the revenues derived from water or sanitary service charges; and for other purposes.

SB98. By Senator Weaver of the 51st:
A bill to be entitled an act to amend the charter of the City of Macon; and for other purposes.

SB 103. By Senator Trippe of the 38th:
A bill to be entitled an act to amend an act establishing the city court of Polk county in the City of Cedartown; and for other purposes.

SB 104. By Senator Seay of the 22nd:
A bill to be entitled an act to amend an act authorizing the City of Barnesville to maintain a system of public schools by local taxation; and for other purposes.

SB 105. By Senator Mason of the 30th:
A bill to be entitled an act to amend an act creating a commissioner and a board of finance for Hart county; and for other purposes.

HB 165. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend an act to amend, consolidate and codify the various acts incorporating the City of Dalton; and for other purposes.

HB 269. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton; and for other purposes.

HB 309. By Messrs. Clarke of Liberty, Watford of Long, Glisson of Evans, Williams of Mcintosh and Bradley of Tattnall:
A bill to be entitled an act to protect deer; to make it unlawful to hunt, take, kill or attempt ot take or kill deer at night between sundown and sunrise; and for other purposes.

tHURSDAY, MARCH 13, 1947

705

- HB373. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah; by providing for payment of pensions to city employees; and for other purposes.

HB 383. By Mr. Willingham of Cobb:
A bill to be entitled an act to amend an act relating to the salary of coroner; by striking the numerals $600.00 wherever they appear, and substituting the numerals $1200.00; and for other purposes.

HB 392. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to be entitled an a~t to amend an act relating to the exemption from taxation of certain property therein described in paragraph IV of section 1 of article VII of the Constitution; and for other purposes.

HE 418. By Mr. Moye of Lamar:
A bill to be entitled an a~:t to prohibit the disposal of waste, refuse or garbage derived from the process of canning any meats, fruits, vegetables; and for other purposes.

HB443. By Mr. Rowland of Johnson:
A bill to be entitled an act to propose to the qualified voters of Georgia an amend ment so as to authorize the mayor and council of Wrightsville, to incur a bonded indebtedness; and for other purposes.

HE 495. By Messrs. Smith and Reid of Carroll:

A bill to be entitled an act to extend the corporate limits of the City of Carrollton;

and for other purposes.

HE 500. By Messrs. Witherington of Wilcox, Chalker of Pulaski, Yawn of Dodge and Walker of Ben Hill:
A bill to be entitled an act to amend an act relating to the open season for taking shad from the waters of the State; and for other purposes.

HB 501. By Messrs. McCracken of Jefferson and Phillips of Columbia:
A bill to be entitled an act to amend an act to provide that railroad or bus ticket agents selling accident or baggage insurance shall not be deemed insurance agents; and for other purposes.

706

JOURNAL OF THE HOl'SE,

HB 503, By Messrs, Smith, Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend an act relating to arrest of persons appearing in public in an intoxicated condition; and for other purposes,

HR 104-504A, By Mr, Willoughby of Clinch:
A resolution proposing to the qualified voters an amendment so as to provide for the division of Clinch county into school districts; and for other purposes,

HB 505, By Mr, Cheek of Franklin:
A bill to be entitled an act to amend an act to revise and amend laws of Georgia in respect to divorces, etc,; and for other purposes.

HB 508. By Mr. Whaley of Telfair:
A bill to be entitled an act to establish and constitute a new charter for the City of Milan; and for other purposes.

HB509. By Mr. Whaley of Telfair:
A bill to be entitled an act to amend an act creating the office of commissioner of roads and revenues for the County of Telfair; and for other purposes.

HB 510. By Mr. Garrison of Habersham:
A bill to be entitled an act to amend an act establishing the city court of Haber sham county; and for other purposes.

HB 512. By Mr. Garrison of Habersham:
A bill to be entitled an act to amend an act to extend the hunting season for squirrels in counties having a population of not more than 14,780 and not less than 14,760; and for other purposes.

HB 513. By Mr. Cowart of Calhoun:
A bill to be entitled an act to require the commissioners of roads and revenues of Calhoun county to make and publish quarterly statements of county expenditures; and for other purposes.

HB 514. By Mr. Cowart of Calhoun:
A bill to be entitled an act to abolish the office of tax commissioner and tax receiver in the County of Calhoun; and for other purposes.

THURSDAY, MARCH 13, 1947

707

HB 516. By Messrs. Reid and Smith of Carroll:
A bill to be entitled an act to amend the charter of the City of Villa Rica; by extending city limits; and for other purposes.

Referred to Committee on Municipal Government.

HR 105-516A. By Messrs. Elliott, Holleman and Shields of Muscogee:
A resolution to propose to the qualified voters of the State of Georgia an amendment so as to provide that the department of health of the City of Columbus may be combined with the department of health of Muscogee county; and for other purposes.
HB 517. By Mr. Green of Rabun:
A bill to be entitled an act to prescribe the method by which incorporated ClUes or towns of this State that are not functioning under their charter may surrender their charter and have their corporate powers dissolved; and for other purposes.

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage:
HB 391. By Mr. Coogle of Macon:
A bill to be entitled an act to amend section 2 of an act entitled an act to amend an act creating a board of commissioners of roads and revenues for the County of Macon so as to prescribe the method of electing the commissioners, 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 99. By Senator Millican of the 52nd:
A bill to be entitled an act to create in every county in this State having a certain population, a stadium authority for said county the members of which are to be appointed by the board of commissioners of roads and revenues, 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, nays 0.
The hill, having received the requisite constitutional majority, was passed.

708

JOURNAL OF THE HOUSE,

SB 100. 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.
The report of the committee, which was favorable to the passage of the bill, 'was agreed to.

On the passage of the bill, the ayes were 105, nays 0.

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

HB 416. By Mr. Hampton of Fannin:
A bill to be entitled an act amending "an act to create the office of commissioner of roads and revenues of Fannin 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}21. By Mr. Dykes of Bleckley:
A bill to be entitled an act fixing the salaries for elective county officials in the County of Bleckley; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, W8ll agreed to.
On the passage of the bill, the ayes wer_e 107, nays 9.
The bill, having received the requisite constitutional majority, was passed.

HB447. By Mr. Knabb of Charlton:
A bill to he entitled an act to amend an act to create a hoard of commissioners of roads and revenues for the County of Charlton; and for other purposes.
The report 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.

THURSDAY, MARCH 13, 1947

709

HB 477. By Messrs. Jordan and Dobbs of Gwinnett:
A bill to be entitled an act to amend an act entitled an act to fix the salary of the treasurer of Gwinnett county in lieu of commissions as paid; 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, nays 0.

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

HB481. By Messrs. Nightingale and Gowen of Glynn:
A bill to be entitled an act to amend an act creating the boacd of commissioners of roads and revenues for Glynn county, 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB491. By Mr. Swindle of Berrien:

A bill to be entitled an act to amend the act passed by the General Assembly of Georgia creating a board of commissioners of roads and revenues of Berrien county, Georgia; and for other purposes.

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

agreed to.

'

On the passage of the bill, the ayes were 111, nays 0.

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

HB492. By Mr. Swindle of Berrien:
A bill to be entitled an act to amend an act creating a board of commissioners of roads and revenues of Berrien county, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

710

JOURNAL OF THE HOUSE,

HB 504. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an act to amend an act creating a new city court of Brunswick, so as to increase the salaries of the judge and solicitor of such 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, nays 0.

The bill, having received the requisite constitutional majority, Wa.'l passed.

lf.B 369. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to provide for the furnishing of an identification cer tificate by tax collectors to persons who register to vote in any and all counties in the State of Georgia having a certain population; and for other purposes.

The following amendment was read and adopted:
Messrs. Evans, Skinner and Smith of Chatham move to amend HB 369 as follows:
That the caption and in all sections referring to the population be amended and the following substitutions be made in lieu therefor: In all places where the figure "100,000" appears that "115,000" be substituted in lieu thereof and further that where "300,000" appears that "170,000" be substituted in lieu 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, as amended, the ayes were 114, nays 0. I
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 370. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to amend an act relating to the salaries of county officer and the method of determining and fixing the same by providing that in . counties having a certain population the total compensation of the tax collector shall not exceed the sum of $6,500.00 per annum.

The following amendment was read and adopted:
Messrs. Evans, Skinner and Smith of Carroll move to amend HB 370 as follows: By placing the words "sheriff and clerk of superior court" in the caption after the word "collector" on line 7, and before the word, "shall".

THURSDAY, MARCH 13, 1947

711

By placing the words "sheriff and clerk of superior court" in section 1 (B), page 2, line 16, after the word "collector" and before the word "shall", and as amended, line 16 of page 2 will read: "tax-collector, sheriff and clerk of superior court shall be a salary not exceeding $6,500.00 per annum."

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, nays 0.

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

HB 486. By Mr. Wells of Clarke:
A bill to be entitled an act to prohibit and to regulate within the territorial limits of any county in this State having a certain population the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, wa.s 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 429. By Messrs. Towill, Eve and Morris of Richmond:
A bill to be entitled an act to prohibit and to regulate within the territorial limits of any county in this State having a certain population the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; 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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 494. By Messrs. Skinner, Evans and Smith of Chatham:
A bill to be entitled an act to authorize the officers of any county of this State having a certain population, who have charge of records, including the clerks of the several courts of such county, the ordinary or court of ordinary of such county, and all other such county officers, to install and use photostatic equipment or other photographic equipment in recording and copying such records and in furnishing copies thereof; etc., etc.; and for other purposes.

712

JOURNAL OF THE HOUSE,

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 119, nays 0.

The hill, having received the requisite constitutional majority, was passed.

HB476. By Mr. Pulliam of Elbert:
A bill to be entitled an act to increase the fees of coroners for services in connection with the holding of inquests in counties having a population of not less than 19,618 and not more than 19,170 according to the United States census of 1940; and for 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was placed on the calendar for the purpose of reconsidering the unfavorable report of the committee:
HB 376. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah and the several acts amendatory thereto; etc.; and for other purposes.

By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
SB 102. By Senator Callaway of the 35th:
A bill to he entitled an act to amend an act with reference to the exemption from taxation of certain property; including hospitals operating for non-profit; and for other purposes.
Referred to Committee on Ways and Means.

SB 77. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act relating to pensions for members of the police department in cities having a population of 150,000; and for other purposes.
Referred to Committee on Municipal Government.

THURSDAY, MARCH 13, 1947

713

The following report of the Committee on Rules was submitted and read:

Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. SB 3. Judgment, double rent. 2. SB 4. State property, Macon. 3. SB 5. Vocational education. 4. SB 10. Right to work. 5. SB 14. Judge superior court, emeritus.
SB 15. Common trust fund. 6. SB 16. Gratuitous-naked depositories. 7. SB 19. Appointment-notary public. 8. SB 20. State Librarian. 9. SB 25. Delinquent children, schools. 10. SB 29. Board of examiners-nurses. 11. SB 32. State board of education. 12. SB 33. County school superintendents. 13. SB 36. Banks purchase stock, etc. 14. SB 37. Election of trustees-trust companies. 15. SB 38. Board of directors of banks. 16. SB 39. Director of banks-trust powers. 17. SB 41. Mortgage, what may embrace. 18. SB 68. Refunding bond commission. 19. SB 69. Five day week for banks. 20. SB 72. Investment, bonds of counties, etc. 21. SB 73. Restoration to sanity. 22. SB 74. Unemployment compensation law. 23. SB 86. Advertising liquor. 24. HR 50-236A. Qualification of electors. 25. HB 81. Shorthand reporters. 26. HB 243. State rate bureau on insurance (casualty).

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JOURNAL OF THE HOUSE,

27. HB 244. State rate bureau on insurance (marine). 28. HB 299. Surety bonds for county ofli~ials. 29. HB 66. Newspaper libel law.
30. HB 415. Income tax. 31. HR 57-283A. Constitutional amendment providing that no person can ever serve but
one term as Governor. 32. HB 141. Sunday movies. 33. HB 132_ Voting machine bill. 34_ HB 347. Aviation gasoline tax. 35. HB 326. Birth certificates. 36. HB 349. Embalming bill. 37. HB 238. Parking, motor vehicles. 38. HB 255. Report of insurance companies. 39. HB 298. Suspended sentences. 40. HB 435. Richmond county reform~;~tory school. 41. HB 229. 2% allowance to filling stations. 42. HB 197. Incapacitated teachers. 43. HB 122. Fire protection and safeguards. 44. HB 20. Compensation of court reporters. 45. HB 399. Certificate of necessity.
46. HB 437. Reciprocal agreements motor carriers.
All general bills with local application will be called up for vote by the speaker in any order that he desires.
The Rules Committee authorizes the speaker to call up any hills herein set forth in any order that he desires.
Elliott of Muscogee, Vice-Chairman

Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:

SB 74. By Senators Hogg of the 24th, Millican of the 52nd, Weaver of the 51st, and others:
A bill to be entitled an act to amend an act known as the Unemployment Com pensation Law; and for other purposes.
By unanimous consent, further consideration of SB 74 was postponed.

THURSDAY, MARCH 13, 1947

715

SB 4. By Senator Weaver of the 51st:

A bill to be entitled an act to provide for the relinquishment by the State of areas leading from the original corporate boundaries of the City of Macon to the ten acre lots of the Macon Reserve west of the Ocmulgee river; 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 117, nays 4.
The bill, having received the requisite constitutional majority, was passed.

SB 14. By Senator Millican of the 52nd:
A hill to he entitled an act to amend an act to provide for creation of the office of judge of the superior court, emeritus; and for other purposes.
By unanimous consent, further consideration of SB 14 was postponed.
Under the order of business established by the Committee on Rules, the following hill of the Senate was again taken up for consideration.

SB 3. By Senator Weaver of the 51st:
A hill to he entitled an act to amend the code providing for a judgment for double rent, and when a writ of possession shall issue; and for other purposes.
Mr. Overby of Hall moved the previous question, and the call was sustained.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 103, nays 16.
The hill, having received the requisite constitutional majority, was passed.
Under the provtstons of HR 45, the speaker announced the House recessed until 1:35 o'clock P. M. this afternoon.

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JOURNAL OF THE HOUSE,

The speaker called the House to order.

1:35 o'clock P.M.

By unanimous consent, the action of the House in postponing the following bill of the Senate was reconsidered:

SB 74. By Senators Hogg of the 24th, Millican of the 52nd, Weaver of the 51st, and others:
A bill to be entitled an act to amend an act known as the Unemployment Compensation Law; and for other purposes.

By unanimous consent, the committee substitute to SB 74 was withdrawn.

The following substitute to SB 74 was read:
Substitute to SB 74. By Messrs. Causey of Bacon and Durden of Dougherty:
A bill to be entitled an act to amend an act approved March 29, 1937, Georgia Laws 1937, pp. 806 et seq., to provide for the establishment of the bureau of unemployment compensation in the State department of labor, and known as the "Unemployment Compensation Law," as subsequently amended, by reducing the minimum rate of contributions payable by each employer, by clarifying the definitions therein, by providing for representation in the courts, by changing the punishment for violations thereof, by clarifying administration procedures and authority, by .reducing liability with respect to wages over $3,000.00 per year; 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 act of the General Assembly of Georgia, approved March 29, 1937, Georgia Laws 1937, pp. 806 et seq., entitled an act to provide for the establishment of the bureau of unemployment compensation in the State department of labor and known as the "Unemployment Compensation Law," as subsequently amended by an act approved January 25, 1938, Georgia Laws 1937-8, extra session, pp. 356 et seq.; as further amended by an act approved March 21, 1941, Georgia Laws 1941, pp. 532, et seq.; as further amended by acts (3) approved March 20, 1943, Georgia Laws 1943, pp. 610, 612, 613, et seq.; and as further amended by acts (2) approved March 8, 1945, Georgia Laws 1945, pp. 259 et seq.; and pp. 331 et seq.; be, and the same is, hereby amended in the following respects, namely:
Section 2. By striking from section 7 (c) (6) (i) of said act, as amended, all of sub-sections (A), (B), (C), (D), (E), and (F), and inserting, in lieu of said sub-sections, the following table or rate variations, effective July I, 1947, namely:
(A) 2.50 per centum if such excess equals or exceeds 3 but is less than 4 per centum of his average annual pay roll;
(B) 2.25 per centum if such excess equals or exceeds 4 but is less than 5 per centum of his average annual pay roll;

THURSDAY, MARCH 13, 1947

717

(C) 2.00 per centum if such excess equals or exceeds 5 but is less than 6 per centum of his average annual pay roll;

(D) 1.75 per centum if such excess equals or exceeds 6 but is less than 7 per centum of his average annual pay roll;
(E) 1.50 per centum if such excess equals or exceeds 7 but is less than 8 per centum of his average annual pay roll;

(F) 1.25 per centum if such excess equals or exceeds 8 but is less than 9 per centum of his average annual pay roll;
(G) 1.00 per centum if such excess equals or exceeds 9 but is less than 10 per centum of his average annual pay roll;

(H) 0.75 per centum if such excess equals or exceeds 10 but is less than 11 per centum of his average annual pay roll;

(l) 0.50 per centum if such excess equals or exceeds II per centum of his average annual pay roll; provided, however, that the above table of rate variations shall be made applicable by the commissioner for the lasi two calendar quarters of 1947 by applying said rate variations to the computations used by the comrnis sioner in determining rates for each employer for the calendar year 1947.

Section 3. By striking from said act, as amended, section 17 (b), Acts of 1937, p. 840, Ga. Ann. Code 54-655, which provides for representation in the courts by the attorney general or an assistant attorney general.

Section 4. By striking any part or parts of said act, as amended, which p:to vide penalties for violation of the terms of said act, as amended, and inserting, in lieu of any and all such provisions, punishment for any and all violations as for a misdemeanor.

Section 5. By striking from section 5, sub-section (b), as amended, the word "misconduct" wherever found and inserting, in lieu thereof, the words "failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed."

Section 6 (a\. By striking from section 12 (a), as amended, the words: "The

said division shall be administered by a full-time salaried director, who shall be

charged with the duty to cooperate with any official or agency of the United States

having powers or duties under the provisions of the said act of Congress, as

amended, and to do and perform all things necessary to s~ure to this State the

benefits of the said act of Congress, as amended, in the promotion and maintenance

of a system of public employment offices," and inserting, in lieu thereof, the

words: "The commissioner of labor is authorized to cooperate with or enter into

agreements with any official or agency of the United States having powers or duties

under the provisions of the said act of Congress, as amended, and to do and per

form all things necessary to secure to this State the benefits of the said act of

Congress, as amended, in the promotion and maintenance of a system of public

employment offices."

(b) By striking from said section 12 (a) the words: "The Georgia State employment service division is hereby designated and constituted the agency of this State for the purposes of said act. The commissioner is directed to appoint

718

JOURNAL OF THE HOUSE,

the director, other officers, and employees of the Georgia employment service. Such appointments shall be made in accordance with regulations prescribed by the director of the United States employment service, and shall be confined to bona fide residents of the State of Georgia," and inserting, in lieu thereof, the words: "The department of labor is hereby designated and constituted the agency of this State for the purposes of said act."
(c) By striking from said section 12 (a) the words: "with respect to the establishment, maintenance, and use of free employment service facilities," and inserting, in lieu thereof, the words: "and other Federal or State agencies with respect to the establishment, maintenance, and use of free employment service facilities," so that said section 12, when so amended, shall read as follows, namely:
(a) State Employment Service.-The Georgia State employment service is hereby established in the department of labor as a division of the employment security agency. The commissioner, through such division, shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this act and for the purpose of performing such duties as are within the purview of the act of Congress entitled "An act to provide for the establishment of a national employment system and for cooperatio~ with the States in the promotion of such system, and for other purposes," approved June 6, 1933 (48' Stat. 113; U. S. C., title 29, sec. 49 (c) ) , as amended. The commissioner of labor is authorized to cooperate with or enter. into agreements with any official or agency of the United States having powers or duties under the provisions of the said act of Congress, as amended, and to do and perform all things necessary to secure to this State the benefits of the said act of Congress, as amended, in the promotion and maintenance of a system of public eqtployment offices. The provisions of the said act of Congress, as amended, are hereby accepted by this State, in conformity with section 4 of said act, and this State will observe and comply with the requirements thereof. The department of labor is hereby designated and constituted the agency of this State . for the purposes of said act.
The commissiOner may cooperate with or enter into agreements with the railroad retirement board and other Federal or State agencies with respect to the establishment, maintenance, and use of free employment service facilities.
Section 7. By adding to said act, as amended, at the end of section 7 (c) , a new sub-section to be known as section 7 (c) (11) , as follows, namely:
(11) Notwithstanding any other provisions of this act, as amended, when. in the future, the rates fixed for unemployment taxes levied under federal laws are reduced to a point lower than three per cent., the maximum contribution rates on pay rolls for employment thereafter levied under this act, as amended, shall be reduced to a point no greater than the rate for which off-set credit will be granted under the federal law.

Section 8. By striking section 19(n) (1) and inserting in lieu thereof the following, so that said section 19(n) (1), when so amended, will read as follows, namely:
(n) "Wages" means all remuneration for personal services, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash, shall be estimated and determined in accordance with the ruies prescribed by the commissioner, provided, that the term "wages" shall not include, after December 31, 1940:

THURSDAY, MARCH 13, 1947

. 719

(1) For the purposes of section 3 (b) , section 4 (e) , section 7, and section 19 of this act, that part of the remuneration :which, after remuneration equal to $3,000.00 has been paid to an individual by an employer with respect to employment during any calendar year, is paid after December 31, 1939, and prior to January 1, 1947, to such individual by such employer with respect to employment during such calendar year; or that part of the remuneration which, after remunera. tion equal to $3,000.00 with respect to employment within this State or any other State after 1938 has been paid to an individual by an employer during any calendar year after 1946, is paid to such individual by such employer during such calendar year; provided, that the commissioner shall be authorized by proper regulations to apportion and allocate equitably the wage credits throughout the calendar quarters in which such services were rendered; and

Section 9. This bill shall be effective on approval by the Governor.

Section 10. All laws and parts of laws in conflict with this act be, and the same are, hereby repealed.

The following amendment to the substitute was read and adopted:
Mr. Wells of Clarke moves to amend the substitute to SB 74 as follows:
Amend by adding to the end of section 7(c) (7), as amended, the following pro viso, namely:
"Provided, that if and when the federal social security law or any other federal unemployment compensation law should in the future be so amended as to:
(1) Reduce the basic period of time experience for reduced rating or (2) give to war veterans the benefit of time in the service in computing said base period or (3) allow war veterans concessions in computing base period experience by adding that served in one employing entity to that served in another employing entity, whether successor or not,
"then the commissioner of labor is hereby authorized to give effect to any or all such amendments for the benefit of Georgia employers by executive order."
Mr. Lewis of Hancock moved the previous question, and the call was sustained.
The substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the hill, was agreed to, by substitute, as amended.
On the passage of the hill, by substitute, as amended, the ayes were llO, nays 4.
The hill, having received the requisite constitutional majority, was passed, by substitute, as amended.

720 .

JOURNAL OF THE HOUSE,

By unanimous consent, the action of the House in postponing the following bill of the Senate, was reconsidered:

SB 14. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act to provide for the creation of the office of judge of superior court, emeritus; and for other purposes.
Mr. Overby of Hall moved the previous question, and the call was sustained.

The following amendments were read and adopted:
The Committee on Special Judiciary amends SB 14 as follows:
By striking from the caption of said bill and from section 1, the following language wherever the same appears therein:
"and who while serving as such shall have been prohibited by law from engaging in the practice of law."

Mrs. Rainey of Terrell moves to amend SB 14 by adding at the end of section 1 thereof the following language, to wit:
Also any judge of the superior court of the State of Georgia, who has reached the age of 62, or more, and has been in continuous service as a judge of the superior court of this State for twenty (20) years, or more, or who has already been continuously in service for twenty (20) years as a judge of the superior court of this State at the date of approval of said act, on March 9, 1945, shall be eligible for appointment to the office of judge of the superior courts, emeritus.

She further moves to amend the caption of said bill by adding thereto the following:
To provide that any judge who has reached the age of sixty-two (62) years of age or more, and has been in continuous service for 20 years or more, or who has been in continuous service 20 years prior to March 9, 1945, shall be eligible for appointment to the office of judge of superior court emeritus.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended.
On the passage of the bill, as amended, Mr. Mitchell of Monroe moved the ayes and nays, and the call was sustained.

THURSDAY, !\lARCH 13, 1947

721

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

Those voting in the affirmative were Messrs.:

Addleton Anglin Ansley Arnall Bloodworth Briscoe Britton Brooke Byrd Caldwell Cates Causey Cheek Cheshire Clark Cochran Covington Crow of Walker Davis Dorsey Elliott Etheridge of Fulton Eve Evitt Flynt Fowler Garland Garrard

Garrett Goldberg Green of Rabun Hagan Harrison of Wayne Hefner Henderson Hicks Hinson Howard of DeKalb Hubert Hurt Jennings of Baldwin Johnson of Bullock Kemper Kendrick Kenimer Kenyon Key Lewis of Greene Littlejohn McCracken McMillan McWhorter Mallard Massey Mathews Mathis

Mavity Morris Moye of Lamar Moye of Washington Nicholson Nightingale Overby Pennington Phillips Rainey Ramsay Ray Riddlespurger Salter Sills Skinner Smith of Emanuel Smith of Fulton Towill Tuten Vandiver Walker Wells of Clarke Whaley Williams of Toombs Willingham Wilson Yawn

Those voting in the negative were Messrs.:

Adams of Polk Adams of Towns Barrett Battle Beddingfield Black Campbell Chalker Claxton Coogle Cowart Cox Crowe of Worth

Durden Ellis Etheridge of Baker Evans Garrison Gibbons Greene of Crisp Hardin of Glascock Hardy Harrison of Jeff Davis Harrison of Jenkins Higgs Hobby

Holbrook Holleman Ingle Jenkins Joel Jones Jordan Knight Leverette Lockett Long Lovett Malone

722
Mann of Henry Manous Mason Mitchell Miller Moore of Lumpkin Morgan Murphy Padgett

JOURNAL OF THE HOUSE.
Rich Rowland Rucker Sabados Seagraves Shields Smith of Bryan Smith of Clayton Smith of Oglethorpe

Swindle Thompson Trulock Vickers Wells of Lincoln Williams of Mcintosh Witherington

Not voting were Messrs. Adams of. Wheeler, Avera, Bagby, Bargeron, Bennett, Bost wick, Bradley, Bruton, Callier, Caswell, Chance, Conger, Dobbs, Dykes, Edenfield, Freeman, Gary, Gibson, Glisson, Gowen, Greer, Groover, Hall, Hampton, Hardin of Turner, Hill, Howard of Dawson, Huddleston, Jennings of Sumter, Johnston of Lowndes, Kidd, King, Knabb, Lewis of Hancock, Lokey, Mann of Rockdale, Meeks, Moore of Taliaferro, Morrison, Nee!, Oden, Pearlman, Pulliam, Ramey, Reid, Risner, Smith of Carroll, Smith of Chatham, Stevens, Twitty, Tuttle, Watford, Welsch, Williams of Jones, Williams of Ware and . Willoughby.

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

On the passage of the bill, as amended, the ayes were 84, nays 64.

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

Mr. Smith of Fulton gave notice, that at the proper time a motion would be made that the House reconsider its action in failing to pass SB 14.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
HB 238. By Messrs. Ansley of Lee, McCracken of Jefferson and Durden of Dougherty:
A bill to be entitled an act to amend an act to regulate parking motor vehicles and other vehicles on State aid roads; and for other purposes.
The following committee substitute to HB 238 was read and adopted: A bill to be entitled an act to amend an act approved March 28, 1935, entitled "an act to regulate parking motor vehicles and other vehicles on the State-aid roads, etc.", so as to provide that it shall not apply to certain traffic stops and to certain stops made by passengers vehicles; and for other purposes.

THURSDAY, MARCH 13, 1947

723

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

Section 1. Section 1 of the act of the General Assembly of Georgia, approved March 28, 1935 (Acts of 1935, p. 443) entitled "an act to regulate parking motor vehicles and other vehicles on the State-aid roads, etc." is hereby amended by adding to the end thereof the following provisos:

"Provided that the provisions of this section shall not apply to temporary stops made as a normal and reasonable incident to traffic conditions existing at the time; and

Provided further that the provisiOns of this section shall not apply to any passenger vehicle while parked or stopped for the purpose of taking on or discharging passengers, where such vehicle is operated under a certificate of public convenience and necessity or interstate registration pennit issued by the Georgia public service commission authorizing the operation of such vehicle upon the roads and highways, if the width of the road and charter of the shoulders at said point make it impractical to comply with the foregoing provisions, and if the view of said vehicle at the time is not obstructed by any terrain features for a distance of two hundred (200) feet in each direction upon said road or highway."

Section 2. All laws and parts of laws in conflict with this act be, and the same 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 109, nays 7.

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

Under the order of business established by the Committee on Rules, the following bills of the Hot:se were again taken up for consideration:
HB 243. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Smith of Fulton, and others: A bill to be entitled an act relating to the regulation of rates for casualty insurance, including fidelity, surety and guaranty bonds; and for oilier purposes.
Mr. Elliott of Muscogee moved the previous question, and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were llO, nays 0.
The bill, having received the requisite constitutional majority, was passed.

724

JOURNAL OF THE HOUSE,

HB 244. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, Smith of Fulton, and others:
A bill to be entitled an act to regulate the making and applying of rates for fire, marine and inland marine insurance; and for other purposes.

Mr. Harrison of Jenkins moved the previous question, and the call was sustained.

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

On the passage of the bill, the ayes were 112, nays 0.

T}:Ie bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 243 and HB 244 were ordered immediately transmitted to the Senate.

Mr. Moye of Lamar gave notice that at the proper time, a motion would be made that the House reconsider its action in passing HB 238.

Under the order of business established by the Committee on Rules, the following bills of the House and Senate were taken up for consideration and read the third time:
HB 299. By Messrs. Ray of Warren, Ramsay of St~phens and Cheek of Franklin: A bill to be entitled an act to make it mandatory for all county officers who are required to give bond, to give a surety bond; and for other purposes.
Mr. Johnson of Bulloch moved the previous question, and the call was sustained.
An amendment offered by Mr. Whaley of Telfair was lost.

The following amendments were read and adopted:
Mr. Ramsay of Stephens moves to amend HB 299 by striking from the caption and from section 1 the word "shall" and substituting therefor the word "may".
Mr. Jones of Brantley moves to amend HB 299 by adding at the proper place the
following: That this act will not affect any officer in office during his present term.
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, nays 6.
The bill, having received the requisite constitutional majority, was passed, as amended.

THURSDAY, MARCH 13, 1947

725

SB 90.

. By Senators Tippins of the 48th and Bush of the 8th:
A bill to be entitled an act to amend an act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; and for other purposes:

By unanimous consent, further consideration of SB 90 was postponed.

Mr. Neel of Thomas 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.

726

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Friday, March 14, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain, Rev. J. C. Wilkinson, pastor First Baptist Church, Athens.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
l. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

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 follow
ing resolutions of the House, to wit:
HR 62-303b. By Mr. Rowland of Johnson:
A resolution to authorize the State librarian to furnish to the clerk of the superior court of Johnson county the following volumes: Volumes 1 through 70, Georgia Appeals reports and volumes 1 through 198, Georgia reports.

FRIDAY, MARCH 14, 1947

727

I:R 88-426b. By Messrs. Smith and Reid of Carroll, Murphy of Haralson, Caswell of Heard, any others:
A resolution providing the director of the department of State parks be permitted to purchase the Waco military reservation; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:
HB 75. By Messrs. Gowen of Glynn, Elliott of Muscogee and Garland of Butts:
A bill to be entitled an act to provide for administration upon the estates of persons who are missing. and for the probate of the wills of such persons; and for other purposes.

EB 125. By Mr. Smith of Fulton:
A bill to be entitled an act to prohibit ga~bling, offering to bet or soliciting bets on the result, events connected with or act of a participant in any game, sport or athletic contest and to provide punishment therefor; and for other purposes.

HB 188. By Messrs. Davis and Jenkins of Bartow:
A bill to be entitled an act to increase the fees of coroners, jurors summoned by the coroner, and the sheriffs fees, in connection with the holding of an inquest upon a dead body, in certain counties; and for other purposes.

HB 190. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an act to authorize and provide for the pensioning of the employees of the County of Glynn; to authorize the retirement of employees disabled in line of duty; and for other purposes.

HB 221. By Mr. Etheridge of Baker:
A bill to be entitled an act to increase the bond of the sheriff of Baker county; and for other purposes.

HB 325. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

HB 381. By Messrs. Cates and Bargeron of Burke:
A bill to he entitled an act to amend an act approved August 16, 1915, incorpo rating the City of Midville as amendt>~ under an act approved March 24, 1937; and for other purposes.

728

JOURNAL OF THE HOUSE,

HR 42-203a. By Mr. Hefner of Pickens:
A resolution to authorize the State librarian to furnish the County of Pickens with three sets of Georgia reports, Georgia Appeals reports, annotated Code of Georgia of 1933, and one set of all legislative hound volumes available as a result of fire which completely destroyed court house of said county.

HR 44-207a. By Messrs. Wells and Joel of Clarke:
A resolution authorizing the State librarian to furnish to the superior court of Clarke county, without cost to said county, certain enumerated volumes of the Georgia Supreme Court and Court of Appeals; and for other purposes.

The Senate has passed by the requisite constitutional majority the following hills and resolutions of the House and Senate, to wit:
HR 65-334h. By Mr. Mathis of Lowndesc
The State of Georgia is in possession of as owner a tract of land situated in Valdosta, Lowndes county, Georgia, upon which the State operated a State farmers' market and is desirous of leasing part of said land; and for other purposes.

HR 101. By Messrs. Walker of Ben Hill, Sills of Candler, and others:
A resolution that an expression of appreciation of the joint committees on Game and Fish and Conservation of the House and Senate he extended to the citizens who so graciously contributed to the success and enjoyment of the tour.

SB 110. By Senator Millican of the 52nd:
A hill to he entitled an act to amend an act to create a civil service board in cities of 200,000 or more according to population of 1930 or any future federal census; and for other purposes.

SB 111. By Senator Millican of the 52nd:
A bill to be entitled an act applicable to cities having more than 250,000 people according to any previous or future federal decennial census providing that any such cities shall be enlarged by the extension of their corporate limits, shall provide civil service status and pensions for the employees of such areas performing the duties of firemen, school teachers; and for other purposes.

SB 113. By Senator Mason of the 30th:
A hill to be entitled an act to amend code sections 32-910; 32-1008 and 32-1010, relating to powers of county hoards as school courts; removal of county superin tendents of schools; examination and suspension of teachers and the rights of appeals therefrom; etc.; and for other purposes.

FRIDAY, MARCH 14, 1947

729

SB 116. By Senators Millican of the 52nd, Weaver of the 51st, Hogg of the 24th, Branch of the 41st, Parker of the 54th, and others:
A bill to be entitled an act to amend section 40-1802 of the Code of Georgia of 1933, acts of 1925, page 256, pertaining to the salary of the State auditor, so as to provide for a scale of salary based on the length of service; and for other purposes.

The Senate has passed, by sub8titute, by the requisite constitutional majority the fol lowing bill of the House, to wit:
HB 261. By Mr. Pulliam of Elbert:
A bill to be entitled an act to abolish the office of tax receiver and tax collector of Elbert county, Georgia; and for other purposes.

The Senate insists on its positiOn on the Senate amendments and substitute to the following bill of the House and respectfully asks that a committee of conference be appointed:
HB 2. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an act to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; to define cities and towns; to provide the procedure for establishing such systems of government ; to prescribe the powers vested in cities and towns under such optional systems; to provide for initiative, referendum and recall for cities; and for other purposes.

The president pro tern. has appointed on the part of the Senate: Senators Pannell of the 43rd,
, Woodall of the 25th, and Weaver of the 51st.

The Senate ms1sts on its position on the following bill of the House and respectfully asks that a committee of conference be appointed:
HB 16. By Mr. Cheek of Franklin: A bill to be entitled an act to create the office of commissioner of roads and revenues in Franklin county; and for other purposes.
The president pro tern. has appointed on the part of the Senate: Senator Williams of the 31st,
Mason of the 30th, and Richardson of the 14th.

730

JOURNAL OF THE HOUSE,

The Senate has agreed to the House substitute to the following bill of the Senate:

SB 74. By Senators Hogg of the 24th, Millican of the 52nd, Weaver of the 51st, Branch of the 47th, Parker of the 54th, Woodall of the 25th and Mason of the 30th:
A bill to be entitled an act to amend an act approved March 29, 1937, Georgia Laws 1937, pp. 806 et seq., to provide for establishment of the bureau of unemployment compensation in the State department of labor, known as the "Unemployment Compensation Law", as subsequently amended, by reducing the minimum rate of contributions payable by each employer; and for other purposes.

By unanimous consent, the following bills were introduced, read the first time, and referred to the committees:
HB 534. By Messrs. Smith, Kendrick and Etheridge of Fulton: A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; to extend city limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 535. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to amend an act incorporating the City of Manchester, now the City of College Park; and for other purposes.
Referred to Committee on :Municipal Government.

::\lr. Hall of Treutlen County, chairman of the Committee on Banks and Banking, submitted the following report:

:Wr. Speaker:.

Your Committee on Banks and Banking has had under consideration the following

bill of the House and has instructed me, as chairman, to report the same back to the House

with the following recommendations:

'

HB 354. Do Pass, by substitute.

Respectfully submitted,
Hall of Treutlen, Chairman

::\Ir. Sills of Candler County, chairman of the Committee on Comervation, submitted the following report:

Mr. Speaker:

Your Committee on Conservation has had under consideration the following bill of the

House and has instructed me, as chairman, to report the same back to the House with the

following recommendations:

.

HB 428. Do Pass, by substitute.

Respectfully submitted,
Sills of Candler, Chairman

FRIDAY, MARCH 14, 1947

731

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:

Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 525. Do Pass. HB 526. Do Pass. HB 520. Do Pass. HB 527. Do Pass.

HB 384. Do Pass.

HB 532. Do Pass.

SB 106. Do Pass.

Respectfully submitted,
Ramey of Chattooga, 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 has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 332. Do Pass. HB 404. Do Pass.

Respectfully submitted,
Hicks of Floyd, Chairman

Mr. Wells of Clarke County, vice-chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following hills of the House and has instructed me, as vice-chairman, to report the same back to the House with the following recommendations:

HB 523. Do Pass. HB 521. Do Pass. HB 524. Do Pass. HB 488. Do Pass. HB 519. Do Pass.

Respectfully submitted,
Wells of Clarke, Vice-Chairman

732

JOURNAL OF THE HOUSE,

Mr. Bargeron of Burke County, chairman of the Committee on Veterans Affairs, submitted the following report:

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

HB 192. Do Not Pass.

HB 193. Do Pass, by substitute.

Respectfully submitted,

Bargeron of Burke, Chairman

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

SB 106. By Senator Boone of the 21st:
A bill to be entitled an act to provide for the holding of four terms each year of Wilkinson superior court, to provide for the grand jury terms, to prescribe and fix the time for holding the same; and for other purposes.

HB 193. By Mr. Elliott of Muscogee:
A bill to be entitled an act to establish a veterans education council; to provide for the selection of the members, fix their terms of office and provide for their compensation; and for other purposes.

HB 332. By Messrs. Hagan of Screven, Garland of Butts, Bagby of Paulding, and many others:
A bill to be entitled, an act to repeal section 114-408 of the Code of Georgia of 1933, in its entirety, and enacting in lieu thereof a new section, to provide for compensation for second injury, etc.; and for other purposes.

HB 354. By .Mr. Hicks of Floyd:
A bill to be entitled an act to authorize all fiduciaries, including executors, administrators, guardians, trustees, insurance companies and banks in the State of Georgia to invest their money and trust funds in revenue anticipation obligations issued under the provisions of the Constitution of the State of Georgia; and for other purposes.

HB 384. By Messrs. Evans, Skinner and ~mith of Chatham:
A bill to be entitled an act to amend an act to authorize and empower the com-
a missioners of Chatham county and ex-officio judges thereof to create pension
board ; and for other purposes.

FRIDAY, MARCH 14, 1947

733

HB 404. By Messrs. Covington of Floyd, Overby of Hall, Smith of Emanuel, and others:
A bill to be entitled an act to amend section 92-3701 of the Code of Georgia of 1933, as amended relating to the taxing power of counties, by defining and clarifying the term "expenses of courts" so as to include and authorize the payment of expert witnesses in criminal cases; and for other purposes.

HB 428. By Mr. Willoughby of Clinch:
A bill to be entitled an act to abolish the department of forestry of the State division of conservation, the office of the director of the department of forestry, the office of ex-officio commissioner of conservation, insofar as it pertains to such department; and for other purposes.

HB 488. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to amend an act approved August 3, 1927, establishing a charter for the City of Macon; and for other purposes.

HB 519. By Mr. Garrison of Habersham:
A bill to be entitled an act to amend the charter of the City of Clarkesville; and for other purposes.

HB 520. By Mr. Nightingale of Glynn:
A bill to be entitled an act to amend an act known as the "Corporation Act of 1938"; and for other purposes.

HB52l. By Mr. Harrison of Wayne:
A bill to be entitled an act to amend the act incorporating the City of Jesup, Georgia, approved December 16, 1937; and for other purposes.

HB523. By Mr. Massey of Dade:
A bill to be entitled an act to provide a new charter for the City of Trenton; and for other purposes.

HB 524. By Mr. Dorsey of White:
A bill to be entitled an act to amend and supersede an act incorporating the Town of Cleveland, Georgia, in the County of White; and for other purposes.

HB 525. By Messrs. Howard, Hubert and MeWhorter of DeKalb:
A bill to be entitled an act to create a system of pensions and retirement pay for officers and employees of DeKalb county; and for other purposes.

734

JOURNAL OF THE HOUSE,

HB 526. By Messrs. Etheridge, Kendrick and Smith of Fulton, and others:

A bill to be entitled an act to establish a metropolitan planning district for Fulton and DeKalb counties; and for other purposes.

HB 527. By Mr. Lewis of Hancock:
A bill to be entitled an act to provide that the ordinary, sheriff and clerk of the superior court of a county in the State of Georgia, having a certain population, shall designate the official organ for publishing legal advertisements in a newspaper in said county; and for other purposes.

HB 532. By Mr. Bradley of Tattnall:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver in the county of Tattnall; to consolidate the offices of tax receiver and tax collector; and for other purposes.

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage:
SB 98. By Senator Weaver of the 51st: A bill to be entitled an act to amend the charter of the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bilL was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 103. By Senator Trippe of the 38th:
A bill to be entitled an act to amend an act establishing the city court of Polk 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 14, 1947

735

SB 104. By Senator Seay of the 22nd:
A bill to be entitled an act to amend an act authorizing the City of Barnesville to maintain a system of public schools by local 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 105, nays 0.

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

SB 105. By Senator Mason of the 30th:
A bill to be entitled an act to amend an act creating a commissioner and a board of finance for Hart 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 165. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend an act to incorporate the City of Dalton; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 269. By Messrs. Brooke and Britton of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 373. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to amend the several acts incorporating the mayor and aldermen of the City of Savannah; and for other purposes.

736

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Messrs. Evans, Skinner and Smith of Chatham move to amend HB 373:
By striking therefrom section 4 of said bill and substituting in lieu thereof a new section also to be designated as section 4, said substitute section 4 to read as follows:
Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that from and after the passage of this act, section 9 of the act of the General Assembly of Georgia of 1945, as aforesaid be, and the same is hereby repealed; and, in lieu thereof, a new section of said act, herein designated as section 9, i5 hereby enacted as follows:
"Section 9. Be it further enacted by the authority aforesaid that any employee of the mayor and aldermen of the City of Savannah who shall have been pensioned by said mayor and aldermen and who, thereafter, shall be reemployed by said City of Savannah, or any agency or department thereof, or shall be employed by Chatham county, or any agency or department thereof, then, in that event, his or her pension shall cease and be terminated during such re-employment or employment, but upon termination for any cause, of such re-employment by the City of Savannah, or any agency or department thereof, shall be entitled to receive a pension of one-half ( lf2) of the salary received by said employee at the time of termination of such re-employment or reinstatement of his or her original pension, whichever is greater, provided, however, that said pension shall not, in any event, exceed the sum of one hundred ($100.00) dollars per month, and/or upon termination, for any cause, of such employment by Chatham county, or any agency or department thereof, shall he entitled to reinstatement of his or her original pension."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the hill, as amended, the ayes were 109, nays 0.
The hill, having received the requisite constitutional majority, was passed. as amended.

HB 495. By Messrs. Smith and Reid of Carroll:
A hill to be entitled an act to extend the corporate limits of the City of Carrollton; and for other purposes.
The report of the committee, which was favorable to the passage of the hilL was agreed to.
On the passage of the hill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 14, 1947

737

HB 508. By Mr. Whaley of Telfair: A bill to be entitled an act to establish a new charter for the City of Milan; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 509. By Mr. Whaley of Telfair: A bill to be entitled an act to amend an act creating the office of commissioner of roads and revenues of Telfair 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 510. By Mr. Garrison of Habersham: A bill to be entitled an act to amend an act establishing the city court of Habersham county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 513. By Mr. Cowart of Calhoun: A bill to be entitled an act to require the commissiOners of roads and revenues of Calhoun county to publish quarterly statements; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 514. By Mr. Cowart of Calhoun:
A bill to be entitled an act to abolish the offices of tax receiver and tax collector of Calhoun county, and to create the office of tax commissioner; and for other purposes.

738

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 115, nays 0.

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

HB 516. By Messrs. Reid and Smith of Carroll:
A bill to be entitled an act to amend the charter of the City of Villa Rica; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bills of the House were read the third time and placed upon their passage:
HB 500. By Messrs. Witherington of Wilcox, Chalker of Pulaski, Yawn of Dodge and Walker of Ben Hill:
A bill to be entitled an act to amend the Code of Georgia, relating to the open season for the taking of shad; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 512. By Mr. Garrison of Habersham: A bill to be entitled an act to extend the hunting season for squirrels in counties of a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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

FRIDAY, MARCH 14, 1947

739

SB 110. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act to create a civil service board in cities of 200,000 or more according to population of 1930 or any future federal census; and for other purposes.

Referred to Committee on Counties and County Matters.

SB 111. By Senator Millican of the 52nd:
A bill to be entitled an act applicable to cities having more than 250,000 people according to any previous or future federal decennial census providing that any such cities shall be enlarged by the extension of their corporate limits, shall provide civil service status and pensions for the employees of such areas performing the duties of firemen, school teachers; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 113. By Senator Mason of the 30th:
A bill to be entitled an act to amend code sections 32-910; 32-1008 and 32-1010, relating to powers of county boards as school courts; removal of county superintendents of schools; examination and suspension of teachers and to rights of appeals therefrom; etc.; and for other purposes.
Referred to Committee on Education No. 1.

SB 116. By Senators Millican of the 52nd, Weaver of the 51st, Hogg of the 24th, Branch of the 41st, Parker of the 54th, and others:
A bill to be entitled an act to amend section 40-1802 of the Code of Georgia of 1933, acts of 1925, page 256, pertaining to the salary of the State auditor, so as to provide for a scale of salary based on the length of service; and for other purposes.
Referred to Committee on State of Republic.

Mrs. Rainey of Terrell moved that the House reconsider its action in failing to pass the following bill of the Senate:
SB 14. By Senator Millican of the 52nd: A bill to be entitled an act to amend an act to provide for the creation of the office of judge of superior courts, emeritus, and for other purposes.
On the motion to reconsider, the ayes were 49, nays 56.
The motion was lost.

740

JOURNAL OF THE HOUSE,

Mr. Moye of Lamar moved that the House reconsider its action in passing the following bill of the House:

HB 238. By Messrs. Ansley of Lee, McCracken of Jefferson and Durden of Dougherty:
A bill to be entitled an act to amend an act to regulate parking motor vehicles and other vehicles on State-aid roads; and for other purposes.
On the motion to reconsider, the ayes were 29, nays 77. The motion was lost.

The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 22. By Messrs. Nightingale and Gowen of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick; and for other purposes.

The following Senate amendment to HB 22 was read:
The Senate moves to amend HB 22:
By adding a new section to said bill to be appropriately numbered and to read as follows:
"That the pension provision in the charter of the City of Brunswick be enlarged and expanded to include two additional classes of employees of said City of Bruns wick deemed to be eligible to be granted pensions, and the following additional classes of pensions are hereby established:
"(c) Any regular employee of the City of Brunswick, who has served well and faithfully for a period of thirty (30) years or more (of which five years service must have been continuous and immediately before his retirement), shall upon application to said board of pensions, be retired from active service, and said employee shall receive monthly for the balance of his life as a pension, one-half of the amount of the average monthly salary or wages paid to him for the three years next prior to the time of his retirement, provided, however, that such pension shall in no event exceed the sum of one hundred fifty ($150.00) dollars per month. Having served the time required (such employee's retirement and pensioning, if requested by) such employee, shall be mandatory upon the board of pensions.
"(d) Any regular employee of the City of Brunswick who shall become totally disabled through, or because of aggravation of an existing physical dis ability while in the performance of his duty as such employee, may be granted a monthly pension by the said board of pensions for the duration of such total disability in an amount not to exceed one-half of his monthly salary received by him at the time when he has become totally disabled, which in no event is to exceed the sum of one hundred ($100.00) dollars per month; provided, that the total disability of the said employee, and the fact that snch disability has been caused by work as an employee of said city aggravating a pre-existing disability, shall be

FRIDAY, MARCH 14, 1947

741

established by evidence satisfactory to the board of pensions. The pensions herein provided for may be granted irrespective of the years or term of service of such employee. Any employee who received compensation under the workmen's com pensation laws of the State of Georgia for such disability as herein described, shall not be eligible to receive a pension from the City of Brunswick. Such pension, if granted, shall continue only so long as such employee is totally disabled. The board of pensions shall have the right and power to have such employee examined from time to time, at its discretion, during the continuance of said pension in order to determine whether the disability is permanent and total.",
On the question of agreeing to the Senate amendment to HB 22, the ayes were 103, nays 0.
The Senate amendment was agreed to.

HB 252. By Mr. Gary of Quitman:
A bill to be entitled an act to create the office of commissioner of roads and revenues for the County of Quitman; and for other purposes.

The following Senate amendment to HB 252 was read:
By the Senate:
The Senate amends HB 252 by striking section 6 and substituting therefor the following:
Said commissioner shall be required to give and devote so much time thereof as may be necessary to the business and interest of said County of Quitman in the performance and discharge of his duties, and shall receive as compensation for his time, the sum of not less than six hundred dollars ($600.) nor more than twelve hundred dollars ($1200.) per annum, the sum to he fixed by the grand jury of said county at the time of the election of said commissioner, which said salary shall not be decreased or increased during his term of office; also $50.00 per month 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, emolu ments, or perquisites whatsoever. The said salary is to be paid monthly or otherwise as such commissioner may elect.
On the question of agreeing to the Senate amendment to HB 252, the ayes were 103, nays 0.
The Senate amendment was agreed to.

The following resolutions of the House and Senate were read and adopted:
HR 108. By Mr. Hinson of Ware: A resolution commending the Georgia delegation in the national Congress for the active support they gave in securing passage of the George-Barden act; and for other purposes.

742

JOURNAL OF THE HOUSE.

HR 109. By Mr. Hand of Mitchell:
A RESOLUTION WHEREAS, the General Assembly of Georgia at its se88ion in 1946 adopted the following resolution, to wit:

"WHEREAS, for the year 1936, prior to the enactment of the law, approved February 10, 1937, to equalize educational opportunities throughout the State, to pro vide for the operation of the public schools of the State, to prescribe methods of allotting, distributing and disbursing the common school funds, etc., the General Assembly of Georgia did provide $7,537,205.29 in tax funds, both regular and equalization, for the operation of the public schools; and,

"WHEREAS, the General Assembly is now providing for approximately $25,000,000.00 to be expended in each fiscal year for the operation of the public schools; and,

"WHEREAS, it is reported that the school system now faces the worst cns1s in its history and is unable to provide the educational facilities due our children even in face of the tremendous increase in State appropriation; be it therefore

"RESOLVED, that the president of the Senate be directed to appoint two members from the Senate and that the speaker of the House of Representatives be directed to appoint three members of the House to serve on an education committee. The Governor, president of the Senate and speaker of the House shall also be members of the committee. The committee shall be charged with the duty of making a complete and exhaustive study and investigation into the operation of the common schools of this State, determine the cause of the crisis and propose a remedy, and shall make a complete report on its findings and shall make recommendations to guide the members of the General Assembly in its deliberations on matters pertaining to the improvement of the education facilities of this State.

"The facilities of the office of State auditor and the department of education shall be made available to the committee, at no extra cost, to gather and compile financial data and other information required by the committee.

"The education committee thus appointed shall report back to the next meeting of the General Assembly in January, 1947, and for such services shall receive the _compensation and expenses provided for in Georgia Laws, code section 47-111."

WHEREAS, said committee met and organized, and elected a secretary and ordered the secretary to make a survey of the State's educational situation with respect to the State's public schools; and,

WHEREAS, said committee never met again and the secretary of the committee and his staff have devoted months of study and have prepared a voluminous report and there is now no committee in existence to receive said report or to complete the work, or to perform the functions of said committee; therefore,

BE IT RESOLVED by the House, the Senate concurring, that the presiding officer of the Senate be directed to appoint three members from the Senate and the speaker of the House of Representatives be directed to appoint five members from the House to serve on a special committee on education. The Governor, the presiding officer of the Senate and speaker of the House shall also be members of said committee.

FRIDAY, MARCH 14, 1947

743

Said committee shall he charged with duty and responsibility of completing the duties and functions of the committee originally established and shall have all authority and power granted to the original committee and shall have authority to appoint such citizens committees as may be necessary to aid them in making a comprehensive study of Georgia's school situation and making a report back to the next session of the legislature as to their findings and recommendations.
BE IT FURTHER RESOLVED that a copy of "The survey of public educa tion of less than college grade in Georgia" made by the secretary of said committee be published and mailed at the earliest possible date to every member of the General Assembly of Georgia, by the clerk of the House and the secretary of the Senate, and that the same be paid for out of the appropriations for the legislative department.

HR llO. By Mr. Joel of Clarke:
A resolution endorsing the Red Cross and urging the people to be as liberal as they can with their contributions; and for other purposes.

HR lll. By Messrs. Cheek of Franklin and Garrard of Wilkes:
A resoluti.ln providing for the appointment of a committee by the Governor of seven members of the House to formulate plans to provide appropriate committee rooms for use by the committees of the House; and for other purposes.

SR 27. By Senator Dorsey of the 32nd:
A resolution commending the United States forest service for services rendered in the State of Georgia; and for other purposes.

SR 28. By Senators Carswell of the 17th and Bush of the 8th:
A resolution to establish a memorial to the sons and daughters of Georgia who served their State and nation so valiantly in time of war, by designating Blue Star drive as such a memorial; and for other purposes.

The speaker appointed as a committee of conference on HB 2, the Home Rule Bill, on the part of the House, the following members:
Messrs. Gowen of Glynn, Twitty of Mitchell, and Ray of Warren.

744

JOURNAL OF THE HOUSE,

The speaker appointed as a committee of conference on HB 16, affecting only Franklin county, on the part of the House, the following members:

Messrs. Cheek of Franklin, Ramey of Chattooga, and Matthews of Peach.

.Mr. Wells of Clarke moved that the House do now adjourn until Monday morning, March 17, 1947, at 10:00 o'clock, and the motion prevailed.

The speaker announced the House adjourned until Monday morning, March 17, 1947, at 10:00 o'clock.

MONDAY, MARCH 17, 1947

745

Representative Hall, Atlanta, Georgia. Monday, March 17, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker, and opened with prayer by the chaplain, Rev. Joe Miller of the First Baptist Church, Ludowici.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
I. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of hills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker: The Senate has passed by the reqmsite constitutional majority the following bills and
resolution of the Senate and House, to wit:
SB ll5. By Senator Millican of the 52nd: A bill to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof, so as to amend the act; and for other purposes.

746

JOURNAL OF THE HOUSE,

SB 118. By Senator Seay of the 22nd:
A bill to be entitled an act to amend an act approved December 11, 1871 (Acts of 1871-2, page 89) conferring additional powers upon the corporate authorities of the Town of Barnesville; and for other purposes.

SB 119. By Senator Trippe of the 38th:
A bill to be entitled an act to amend the charter of the City of Cedartown; and for other purposes.

SB 120. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act to provide cities of 150,000 or more pension for fire departments members; and for other purposes.

SB 121. By Senator Darby of the 15th:
A bill to be entitled an act to amend an act entitled "an act to create a new charter for the City of Vidalia in the County of Toombs"; and for other purposes.

SB 122. By Senator Darby of the 15th:
A bill to be entitled an act to amend an act entitled an act to create a new charter for the City of Vidalia in the County of Toombs, etc.; and for other purposes.

SB 123. 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.

HR 107. "Commending the United States forest service for services rendered in the State of Georgia and urging continuance and expansion of same."

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:
HB 536. By Mr. Bagby of Paulding:
A bill to be entitled an act to amend an act setting out penal proviSions of the insurance laws of Georgia by adding a new section to said chapter; and for other purposes.
Referred to Committee on General Judiciary No. 2.

MONDAY, MARCH 17, 1947

747

HB 537. By Messrs. Lewis of Hancock, Salter of Upson, Nicholson of Oconee, Green of Rabun, Fowler of Douglas, Bagby of Paulding, Holbrook of Forsyth, and others:
A bill to be entitled an act to fix and equalize the salaries of the secretary of stat~ attorney general, State superintendent of schools, comptroller general, treasurer, commissioner of labor, commissioner of agriculture; and for other purposes.
Referred to Committee on State of Republic.

HB538. By Mr. Stevens of Marion:
A bill to be entitled an act to authorize and direct the governing authorities of the County of Marion in charge of the finances thereof, to pay to the sheriff the sum of $50.00 per month; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 539. By Mr. Howard of Dawson: A bill to be entitled an act to repeal an act to create a board of commissioners of roads and revenues for the County of Dawson; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 540. By Mr. Howard of Dawson: A bill to be entitled an act to create a commissioner of roads and revenues for Dawson county; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 112-540A. By Mr. Lewis of Hancock: A resolution to relieve C. J. Hill and F. G. Mitchell, Jr., as sureties of Jess Rhodes.
Referred to Committee on Special Judiciary.

HB 541. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to create in every county in this State having a population of 300,000 or more inhabitants an airport authority for said county, the members of which are to be appointed by the board of commissioners of roads and revenues of such county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 542. By Messrs. Kendrick, Etheridge and Smith of Fulton: A bill to be entitled an act to provide that in every county in this State having a population of 300,000 or more inhabitants, the board of com~issioners of roads

748

JOURNAL OF THE HOUSE,

and revenues, or other county authority having charge of roads and revenues, may rent and lease concession privileges in the jails, court houses and other public buildings belonging to the county; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 114-542A. By Mr. Bennett of Barrow: A resolution providing for the appointment of a joint interim committee for the University of Georgia system.
Referred to Committee on Rules.

HB 543. By Messrs. Skinner of Chatham, Kendrick of Fulton and Vandiver of Bibb:
A bill to be entitled an act to provide for protection to life and property by the creation of a state electrical inspection board; the adoption of minimum standards for electrical equipment and its installation; the enforcement of such standards by inspection as prescribed by the State electrical inspection board; the prescribing of penalties for violations of this act; and the repealing of all conflicting acts or parts thereof; and for other purposes.
Referred to Committee on Industrial Relations.

, HB 544. By Messrs. Hicks of Floyd and Smith of Emanuel:
A bill to be entitled an act to amend section 3 of the act approved February 5, 1943, Georgia Laws 1943, pp. 185-195, being an act to create the State board of pardons and paroles by striking the following language from lines 4, 5 and 6 of said section 3 which relates to the salary and expenses of the members of the State board of pardons and paroles, to wit: "be allowed necessary expenses when traveling in the performance of the duties of the office.", and by adding in lieu thereof the following, etc.; and for other purposes.
Referred to Committee on State of Republic.

Mr. Claxton of Camden, chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined and found properly engrossed the follow-
ing bills and resolutions of the House, to wit: HB 176. HB 213. HB 308. HB 162.

MONDAY, MARCH 17, 1947

749

HB 185. HB 184. HB 405. HB 3%. HB 353. HB 212. HB 174. HB 182. HB 175. HB 242. HB 310. HB 444. HR 100. HR 103. HR 101. HB 313. HB 319. HB 362. HB 390. HB 406. HB 413. HB 417. HB 433. HB 438. HB 445. HB 449. HB 465. HB 189. HB 223. HB 265.

750 HB 317. HB 407. HB 414. HB 462. HB 464. HB 469. HB 470. HB 474. HB 475. HB 479. HB 482. HB 485. HB 489. HB 490. HB 243. HB 244. HR 107. HB 299.

JOURNAL OF THE HOUSE,
Respectfully submitted, Claxton of Camden, Chairman

Mr. Cates of Burke County, chairman of the Committee on Public Highways No. 1, submitted the following report:

Mr. Speaker:

Your Committee on Public Highways No. 1 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 522. Do Pass.

Respectfully submitted,

Cates of Burke, Chairman

MONDAY, MARCH 17, 1947

751

Mr. Lovett of Laurens County, chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following bills and resolutions of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 83.

Do Pass, by substitute .

HR 71-358a. Do Pass.

SB 102.

Do Pass.

Respectfully submitted,

Lovett of Laurens, Chairman

By unanimous consent, the following bills and resolution of the House and Senate, favorably reported, were read the second time:
HB 83. By Messrs. Hand of Mitchell and Swindle of Berrien:
A bill to he entitled an act to conserve and promote the prosperity and welfare of the persons engaged in agricultural production and distribution and industries related thereto of the State of Georgia, directing the commissioner of agriculture in cooperation with the Governor of Georgia to form the Georgia agricultural development commission; and for other purposes.

SB 102. By Senator Callaway of the 35th:
A bill to be entitled an act to amend 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", approved January 31, 1946, including therein hospitals operating for non-profit, and defining "institutions of purely public charity"; and for other purposes.

HR 71-358a. By Mr. Key of Jasper:
A resolution to suspend the issuing of specified business and occupation licenses and the collection of the tax thereon; and for other purposes.

HB 522. By Messrs. Davis of Bartow, Adams of Polk, Twitty of Mitchell, and others:
A bill to be entitled an act to amend an act entitled an act to amend an act entitled "Public Safety Department", by providing for one troop to consist of not more than 300 men in the discretion of the director of public safety; to redefine the rank and pay of certain personnel; and for other purposes.

752

JOURNAL OF THE HOUSE,

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage:

SB 106. By Senator Boone of the 21st:
A bill to be entitled an act to provide for the holding of four terms a year of the superior court of Wilkinson 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 383. By Mr. Willingham of Cobb: A bill to be entitled an act in reference to the salary of the coroners in all counties having a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 384. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to authorize and empower the commissioners of Chat ham county and ex-officio judges thereof, to create a pension board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 457. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to provide an additional judge to preside regularly in the superior court of the Eastern judicial circuit of Georgia, so as to make two judges in said court; and for other purposes.

MONDAY, MARCH 17, 1947

753

The following amendments to HB 457 were read and adopted:

The Committee of the House on General Judiciary No. 1:
Amends HB 457 as follows:
First: By striking therefrom section 5 in its entirety and substituting in lieu thereof the following:
"Section 5. Be it further enacted by the authority aforesaid, that said judges of the superior court of the Eastern circuit shall have and they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets in said courts, and of fixing the order of business, including the impanelling and charging of the grand jury. They may assign the hearing of trials and the hearing of all other matters. They may both conduct jury trials at the same time or they may both hear chambers business and motion business at the same time. They may provide in all respects for holding the superior court of said circuit so as to facilitate the hearing and determination of all the business of said court at any time pending and ready for hearing or trial. In all such matters relating to the manner of fixing, arranging for and disposing of the business of said court where the judges thereof cannot agree or shall differ the opinion or order of the judge senior in term of service as superior court judge shall control. In the event the terms of service of both said judges as superior court judges shall be the same, the judge who shall have been elected by the greater number of votes shall be considered to be the senior of said judges. Said senior judge shall be designated as the presiding judge."
Second: By striking the word "which" after the words "of said court" in line 4 of section 9 and adding in lieu thereof the words: "Each grand jury shall serve through two terms of court and said"; so that said section, when so amended, shall read as follows:
"Section 9. Be it further enacted, by the authority aforesaid, that a judge of the superior court of Chatham county, Georgia, shall draw a grand jury for the January, May and September terms of said court. Each grand jury shall serve through two terms of court, and said grand juries shall perform their duties pro vided by law, subject to the direction and call of either of the judges of Chatham superior court."

The Committee of the House on General Judiciary No. I:
Amends HB 457 as follows:
First: By striking the last sentence of section 7 and inserting the following words in lieu thereof:
"The county commissioners of Chatham county and the sheriff of said county are hereby authorized and directed to offer employment on the staff of the sheriff of Chatham county as a special deputy sheriff to the person who shall be sheriff of the city court of Savannsh on the day before the effective date of this act to hold office from the effective date of this act provided said person does not hold the office of sheriff of the city court of Savannah on said latter date, until Decem her 31, 1948, or such subsequent date as said county commissioners or sheriff of Chatham county, as authorized by law, may determine. In the event of acceptance

754

JOURNAL OF THE HOUSE,

of said employment, the salary of said special deputy sheriff shall not be less than three hundred twenty-five ($325.00) dollars per annum for the period January 1, 1948, to December 31, 1948. During said period from January 1 to December 31, 1948, the duties of the said special deputy sheriff shall be as prescribed by the judges of the superior court of Chatham county under whose direction he shall perform said duties. Said county commissioners and the clerk of the superior court of Chatham county are hereby authorized and directed to offer employment on the staff of the clerk of the superior court of Chatham county as a deputy clerk to the person who shall be clerk of the city court of Savannah on the day before the effective date of this act, to hold office from the effective date of this act, provided said person does not hold the office of clerk of the city court of Savannah on said latter date, until December 31, 1948, or such subsequent date as said county commissioners or clerk of the superior court of Chatham county, as authorized by law, may determine. In the event of acceptance of said employment, the salary of said deputy clerk shall not be less than two hundred sixty ($260.00) dollars per annum from the period January 1, 1948, to December 31, 1948."

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 488. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to amend an act establishing a charter for the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 519. By Mr. Garrison of Habersham:
A bill to be entitled an act to amend the charter of the City of Clarkesville; and for other purposes.
The report 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 521. By Mr. Harrison of Wayne:
A bill to be entitled an act to amend the act incorporating the City of Jesup; and for other purposes.

MONDAY, MARCH 17, 1947

755

The report 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.

HB523. By Mr. Massey of Dade: A bill to be entitled an act to provide a new charter for the City of Trenton; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 524. By Mr. Dorsey of White: A bill to be entitled an act to amend and supersede an act incorporating the Town of Cleveland; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB525. By Messrs. Howard, Hubert and McWhorter of DeKalb: A bill to be entitled an act to create a system of pensions and retirement pay for officers and employees 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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 526. By Messrs. Etheridge, Kendrick and Smith of Fulton; Hubert, Howard and Me Whorter of DeKalb:
A bill to be entitled an act to establish a metropolitan plannin~ district for Fulton and DeKalb counties; 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 113, nays 0.

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

HB 532. By Mr. Bradley of Tattnall:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver; and to create the office of tax commissioner of Tattnall county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 527. By Mr. Lewis of Hancock:
A bill to be entitled an act to provide that the clerk, sheriff and ordinary in counties having a certain population, shall designate the official organ; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bills of the Senate were read the first time and referred to the Committees:
SB 115. 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.
Referred to Committee on Municipal Government.

SB 118. By Senator Seay of the 22nd:
A bill to be entitled an act to amend an act conferring additional powers upon the corporate authorities of the Town of Barnesville; and for other purposes.
Referred to Committee on Municipal Government.

MONDAY, MARCH 17, 1947

757

SB 119. By Senator Trippe of the 38th:
A bill to be entitled an act to amend the charter of the City of Cedartown; by pro viding for the annexation of additional territory to the City of Cedartown; and for other purposes.

Referred to Committee on Municipal Government.

SB 120. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act to provide cities of 150,000 population or more pension for fire department members; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 121. By Senator Darby of the 15th:
A bill to be entitled an act to amend an act to create a new charter for the City of Vidalia; and for other purposes.
Referred to Committee on Municipal Government.

SB 122. By Senator Darby of the 15th:
A bill to be entitled an act to amend an act to create a new charter for the City of Vidalia; to create a city hospital board; and for other purposes.
Referred to Committee on Municipal Government.

SB 123. 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.
Referred to Committee on Municipal Government.

The following report of the Committee on Rules was submitted and read:
Mr. Speaker: Your Committee on Rules, having had under consideration the fixing of a calendar for
today's business, has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. HB 81. Shorthand reporters. 2. HB 66. Newspaper libel law.
3. HB 415. Income tax.

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JOURNAL OF THE HOUSE,

4. HR 57283A. Constitutional amendment providing that no person can ever serve but one term as Governor.
5. HB 141. Sunday movies. 6. HB 132. Voting machine bill. :;. HB 347. Aviation gasoline tax. 8. HB 326. Birth certificates. 9. HB 349. Embalming bill. 10. HB 255. Report of insurance companies. 11. HB 298. Suspended sentences. 12. HB 435. Richmond county reformatory school. 13. HB 229. 2% allowance to filling stations. 14. HB 197. Incapacitated teachers. 15. HB 122. Fire protection and safeguards. 16. HB 20. Compensation of court reporters. 17. HB 399. Certificate of necessity. 18. HB 437. Reciprocal agreements motor carriers. 19. HB 173. Health department retirement act. 20. HB 193. Veterans service. 21. HB 517. Revocation of city charters. 22. HB 333. Special appropriation. 23. HB 418. Special appropriation. 24. HB 281. Reports on divorce cases. 25. HB 254. Director of entomology. 26. HB 458. Rights of way. 27. HB 459. Surveys of rights of way. 28. HR 78284A. State trooper compensation. 29. HB 385. Training school for boys. 30. HB 250. Teacher retirement system. 31. HB 501. Accident insurance. 32. HB 455. Sale of poisonous insecticides. 33. HB 505. Divorce laws.

MONDAY, MARCH 17, 1947

759

34. HB 276. Highway department damages. 35. HB 249. Teaching of ~x hygiene.

36. HB 408. Documentary tax.

37. HR 41-186A. Milledgeville property.

38. HB 454. Bee keepers.

39. HB 268. Middle circuit court reporters.

All general bills with local application and all local constitutional amendments will be called up for vote by the sp.eaker in any order that he desires.

The Rules Committee authorizes the speaker to call up any bills herein set forth in any order that he desires.
Elliott of Muscogee, Vice-Chairman

Mr. Skinner of Chatham arose to a question of personal privilege and addressed the House.
Mr. Evans of Chatham arose to a question of personal privilege and addressed the House.

Under the order of business established by the Committee on Rules, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
HR 35-130b. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A resolution to propose to the qualified voters of Georgia an amendment to article VII, section IV, paragraph II of the Constitution of Georgia of 1945 to provide that the General Assembly may grant to the governing authority -of DeKalb county the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof pro-rata against the abutting property owners, provided the owners of 51o/o of the property abutting such improvements shall consent thereto and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property; and for other purposes.
Section 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, that article VII, section IV, paragraph II of the Constitution of Georgia of 1945 be amended by adding thereto the following:
"The General Assembly may grant to the governing authority of DeKalb county the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof pro-rata against the abutting property owners, provided the owners of 51% of the property abutting such improvements shall consent thereto and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property."

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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 amendments 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 the ratification of the amendment to article VII, section IV, paragraph II of the constitution authorizing the General Assembly to permit the governing authority of DeKalb county to construct streets and provide other public improvements and to assess the costs against the abutting property owners," 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 to article VII, section IV, paragraph II of the constitution author izing the General Assembly to permit the governing authority of DeKalb county to construct streets and provide other public improvements and to assess the costs against the abutting property owners." If adopted, the result shall be declared and said amendment shall become a part of article VII, section IV, paragraph II 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 aFe hereby repealed.

The following amendment to HR 35-130b was read and adopted:
The committee moves to amend HR 35-130b by adding at the end of section 1, the following: "Provided, however, that any act of the General Assembly adopted pursuant hereto shall restrict the authority to those areas of said county where the property has been subdivided into lots having one hundred fifty (150) foot of street frontage or less.
The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.

On the adoption of the resolution, as amended, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Black Bloodworth Bradley Briscoe Britton

Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran

Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton

MONDAY, MARCH 17, 1947

Evans Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Joel

Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Nightingale Overby Phillips Pulliam

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron

Battle Beddingfield Bostwick Chalker

761
Ramey Ramsay Ray Reid Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn
Clark Claxton Conger Coogle

762
Cox Dykes Eve Freeman Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper

JOURNAL OF THE HOUSE,
Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken Mavity Oden Padgett Pearlman

Pennington Rainey Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

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

On the adoption of the resolution, as amended, the ayes were 157, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.

HB 38'8. By Messrs. Wilson, Vandive; and Kemper of Bibb:
An act to propose to the qualified voters of Georgia an amendment to the constitution to create a joint city-county board of health; and for other purposes.

The following mbstitute to HB 388 was read and adopted:
By :\fessrs. Wilson, Kemper and Vandiver of Bibb:
A BILL
To be entitled an act to propose to the qualified voters of Georgia and to the voters in the area directly affected an amendment to article XI, section I, paragraph VI, of the Constitution of Georgia, so as to authorize Bibb County and the City of Macon to regulate the health of the county and city by and through a joint city-county board of health, and to ratify, validate, and confirm the original and amendatory acts of the General Assembly with respect to a joint city-county board of health for the City of Macon and Bibb County, including an act of the General Assembly (Ga. Laws 1923 pp. 735-738) and sections 119, 120, 121, 122, 123, 124, 125 and 126 of an act of the General Assembly (Ga. Laws 1927, pp. 1350, 1351, 1352 and 1353) and an act of the General Assembly of Georgia (Ga. Laws 1943, pp. 265-266) and all rules and regulations promulgated pursuant to the authority therein contained ; to provide for the submission of the amendment for ratification by the people; and for other purposes.

MONDAY, MARCH 17, 1947

763

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 XI, section I, paragraph VI of the Constitution of Georgia, and as the same has heretofore been amended, revised or changed, shall be further amended by adding at the end thereof a new paragraph as follows:
"And except that the County of Bibb and the City of Macon may regulate the health of the county and city by and through a joint board of health created and existing under and by virtue of an act of the General Assembly of ,Georgia (Ga. Laws 1923, pp. 735;739) entitled 'an act to amend the charter of the City of Macon, and an act approved February 6, 1873, creating a board of county commissioners of Bibb County, to create a board of health in and for the City of Macon and County of Bibb, defining their jurisdiction, rights, powers and privileges, and for other purposes,' and sections 119-126, both inclusive, of an act of the General Assembly of Georgia (Ga. Laws 1927, pp. 1283-1357) entitled an act to re-enact the charter of the City of Macon contained in the act approved August 17, 1914, together with the a~ts amending same, passed since 1914, with certain changes in said acts; to consolidate into one act, with such changes as may have become necessary or proper, all the acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said act of 1914 and the acts amendatory thereof; and for other purposes, and which act and any and all acts amendatory thereof, together with all rules and regulations promulgated thereunder, are ratified, validated and confirmed as of the respective dates of such enactments, rules and regulations;" and an act of the General Assembly of Georgia (Ga. Laws 1943 pp. 265-266) entitled 'an act amending chapter 88-2 of the Code of Georgia of 1933, which chapter is a codification of Georgia Laws of 1914, pages 124 to 134, inclusive, and refers to county boards of health, by adding to said chapter a new section to be known as "Section 88-207", and providing that there be excepted from the provisions of this charter those counties and municipalities in the State of Georgia which have heretofore provided or which may hereafter provide, pursuant to acts of the General Assembly, for combined county and city health departments, or county-wide health departments, whether or not such acts refer to the provisions of this chapter or to the act from which it is codified and providing that they be authorized to maintain and operate such health departments pursuant to said respective acts,. and upon a budget first approved by both the municipal and county taxing authorities of the cities and counties so combining and by the county taxing authorities of the counties operating a county-wide health department; providing for ratification of all such acts hereto fore enacted by the General Assembly; providing that such combined or county wide health departments shall, in all other respects conform to chapter 88-2 of the Code of Georgia of 1933, and operate under the control of the state department of public health and for other purposes,' which acts, as amended, together with all rules and regulations prescribed and promulgated pursuant to such authority are ratified, approved and confirmed as of the respective dates of their enactment and adoption."

SECTION 2
Be it further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional dis

764

JOURNAL OF THE HbUSE,

trict, for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen, and in like manner cause the said amendment to be advertised in the City of Macon and County of Bibb.

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 the state and of the area directly affected thereby 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 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 VI of section I of article XI of the Constitution of 1945, authorizing a joint board of health for the City of Macon and County of Bibb,"
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 VI of section I of article XI authorizing a joint board of health for the City of Macon and County of Bibb."
If the people, in the state as a whole, and in the City of Macon and County of Bibb, ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this state. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the secretary of state to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

SECTION 4

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

The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett

Black Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd

Caldwell Callier Campbell Caswell Cates Causey Chance Cheek

Cheshire

Cochran

Covington

Cowart

Crow of walker

Crowe of Worth

Davis

'\

Dobbs

Dorsey

Durden

Edenfield

Elliott

Ellis

Etheridge of Baker

Etheridge of Fulton

Evans

Evitt

Flynt

Fowler

Garland

Garrard

Garrett

Garrison

Gary

Gibbons

Glisson

Goldberg

Gowen

c~een of Rabun

Greene of Crisp

Greer

Hagan

Hall

Hampton

Hardin of Glascock

Hardin of Turner

Hardy

Harrison of Jeff Davis

Harri>on d Jenkins

Harrison of Wayne

Henderson

Hicks

Higgs

Hill

Hinson

MONDAY, MARCH 17, 1947
Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins )oel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington Murphy Neel

765
Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn

766

JOURNAL OF THE HOUSE.

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

Mavity Oden Padgett Pearlman Pennington Rainey Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

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

On the passage of the bill, by substitute, the ayes were 157, nays 0.

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

HB 389. By Messrs. Wilson, Vandiver and Kemper of Bibb:
An act to propose to the qualified voters an amendment to the constitution so as to authorize the City of Macon and Bibb county to set up a planning and zoning board; and for other purposes.

The following substitute to HB 389 was read and adopted:
By 1\Iessrs. Wilson. Vandiver and Kemper of Bibb:
A BILL
To be entitled an act to propose to the qualified voters of Georgia and to the voters in the area directly affected, an amendment to article XI, section I, paragraph VI, of the Constitution of Georgia, so as to authorize the City of Macon and Bibb County, separately or jointly, to adopt rules and regulations or to delegate such authority to agencies or to an agency, for zoning and planning; to provide for the submission of the amendment for ratification by the people; and for other purposes.
Section l. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME, that article XI, section 1, paragraph VI, of the Constitution of Georgia and as the same has heretofore or contemporaneously been amended. revised, or changed, shall he further amended by adding at the end thereof a new paragraph as follows:

MONDAY, MARCH 17, 1947

767

"And except that the City of Macon and Bibb County may, through their respective governing authorities, separately or joint~ promulgate zoning and
pl11nning laws, rules and regulations, and administer the same, and/or appoint agencies or agency for adopting zoning and planning laws, rules, and regulations, and for administering the same, the governing authorities or their designated agencies being authorized to condition the application of any zoning and planning and the administration of the same according to any presently existing zoning or planning law, any that may hereafter be enacted or according to any that may be resolved or ordained by either or both or by their designated ag~ncy or agencies."

Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by twothirds (2/3's) of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspaper in each congressional district, for two mopths previous to the time of holding the next general election, at which election members of the General Assembly are chosen, and in like manner cause the said amendment to be advertised in the City of Macon, County of Bibb.

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 the state and of the area directly affected thereby 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 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 VI of section I of article XI of the Constitution of Georgia, authorizing the City of Macon and Bibb County separately or jointly, to establish zoning and planning rules, regulations, and commissions"; 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 VI of section I of article XI, of the Constitution of Georgia, authorizing the City of Macon and County of Bibb, separately or jointly, to establish zoning and planning rules, regulations, and commissions."
If the people in the state, as a whole, and in the City of Macon, County of Bibb, ratify such amendment by a majority of the elector~ qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this state. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the secretary of state to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act, be and the same are hereby repealed.

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

768

JOURNAL OF THE HOUSE,

On the passage of th!:_ bill, by substitute, the roll call was ordered and the vote was

as follows:

Those voting in the affirmative were Messrs:

Adams of Polk Adams of Towns Adams of Wheeler Addle ton Arnall Bagby Barrett Bennett Black Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Flynt Fowler

Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jell Davis Harrison of Jenkins Hanison of Wayne Henderson Hicks Higga Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Huben Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key

Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews J\lathis Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington MIU'phy Neel Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid Risner Rucker Sabados Seagraves Shields Sills

MONDAY, MARCH 17. 1947

769

Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson

Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley

Williams of Jones Williams of Mcintosh Williams of Toombs Williams of ware Willoughby Wilson Witherington Yawn

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groovl'r Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

'llavity Oden Padgett Pearlman Pennington Rainey Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

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

On the pa~sage of the bill, by substitute, the ayes were 157, nays 0.

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

SR 13. By Senator Millican of the 52nd:
FULTON COUNTY RETIREMENT AND PENSION FUND
A resolution proposing an amendment to paragraph 1 of section 4 of article 7 of the Constitution of the State of Georgia of 1945 so as to extend coverage of the pension system authorized by the constitution for county employees in Fulton county, so as to provide that the benefits of said pension system shall he available to all state, state and county and county officers, deputies and employees and the deputies of such officers whose salaries or wages are paid in whole or in part by the treasurer of Fulton county or out of funds of Fulton county, so as to ratify pensions heretofore granted to public employees in Fulton county and their bene ficiaries; and for other purposes.

...

770

JOURNAL OF THE HOUSE,

BE IT RESOLVED by the General Assembly of the State of Georgia:

Section l. That the present Constitution of the State of Georgia which was r~tified in the year 1945 is hereby amended as follows, to wit:

By adding to paragraph l of section 4 of article 7 thereof the following words. to wit:

"All state, state and county or county officers, deputies and employees, and the deputies of such officers and court employees whose salaries or wages are paid in whole or in part by the treasurer of Fulton county or out of funds of Fulton county, all officers and employees of the county welfare department of Fulton county, the executive secretary or the treasurer of any pension board or board of trustees administering a pension system in which public employees of Fulton county or employees of the board of education of Fulton county participate, and the widows and minor children of all such persons, are authorized to participate in any retirement and pension fund or system of retirement pay estab lished by law for county employees of Fulton county upon terms and conditions now or hereafter provided by the General Assembly for their participation. All pensions heretofore granted by any of said pension authorities in Fulton county are ratified and confirmed, and shall be paid in accordance with the judgment of the pension board or board of trustees authorizing same."

Section 2. Whenever the above proposed amendment to the constitution shall have been agreed to by two-thirds (2/3) of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be, and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this State, and also in the newspaper wherein the sheriff's advertisements of Fulton county are published, to be published in each such newspaper for two (2) months next preceding the time of holding the next general election at which election members of the General Assembly are chosen.

Section 3. The above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election at which election members of the General Assembly are chosen 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 Asembly. All persons voting at said election in favor of adopting said amendment to the constitution shall have written or pr:nted on their ballots the words, "for ratification of the amendment defining the persons who may participate in the pension systems established in Fulton county," and all persons opposing the adoption of said amendment shall have written or printed on their ballots the words "against ratification of the amendment defining the persons who may participate in the pension systems established in Fulton county." If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon and also if a majority of the electors qualified to vote voting thereon in Fulton county shall ratify said amendment by voting in favor thereof said 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 dnty of the Secretary of State to ascertain the result and to certify the result of such election to the Governor who shall, if such amendment be ratified, make proclamation thereof.

MONDAY,. MARCH 17, 1947

771

Section 4. Any and all provisions of law or resolutions and parts of law in conflict with this amendment 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 reeolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Black Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth D.avis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton

Evans Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne HeQderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins

Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter :\Iallard Malone Mllhn of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Nightingale Overby

772

JOURNAL OF THE HOUSE,

Phillips Pulliam. Ramey Ramsay Ray Reid Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan

Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers

Walker Watford Welsch. Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

Mavity Oden Padgett Pearlman Pennington Rainey Riddles purger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

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

On the adoption of the resolution, the ayes were 157, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SB 70. By Senator Millican of the 52nd:
A bill to propose to the qualified voters of Georgia an amendment to article 7, section 7, paragraph 1, of the Constitution of Georgia, so as to authorize the City of Atlanta to issue revenue certificates for the purpose of making repairs and improvements in its water works system and sanitary department; to provide for the payment of certificates out of the revenues derived from water or sanitary service charges; to authorize the setting aside in special funds a sufficient sum to retire the revenue certificates; to provide the manner, form and method of issuing cer

MONDAY. MARCH 17, 1947

773

tificates; certificates to be issued by a majority vote of the mayor and general council and validated; to provide for the allocation of anticipated receipts; to provide that certificates shall not be a debt or liability upon the City of Atlanta and shall be payable from and chargeable only upon the revenue derived from water or sanitary services respectively; to provide for the submission of the amendment for ratification by the people; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME AS FOLLOWS:
Section 1. That article 7, section 7, paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit:
"And, except that the City of Atlanta for the purpose of (a) improving, repairing, constructing and reconstructing, making additions, extensions, alterations, or improvements, in its water works system, and acquiring the necessary property therefor; and (b) improving, repairing, purchasing, installing and constructing incinerators or crematories for the disposal of garbage, refuse and waste by its sanitary department, and acquiring the necessary property therefor, either or both, may, from time to time issue interest bearing revenue certificates to be paid solely out of the revenues derived from water or sanitary service charges respectively, and to provide for the payment of said revenue certificates by setting aside in special funds to be known as 'Water Works Department Revenue Fund' and 'Sani tary Department Revenue Fund', a suffici-ent sum, not to exceed twenty (20%) per centum of the annual charges, fees and taxes received from the water and sanitary service charges respectively, to retire the certificates. Said percentages shall be based upon the total annual receipts from each of said services for the year previous to the issue. Said certificates may be issued in one or more series, bearing such date or dates, maturing at such time or times not exceeding twenty (20) years from their respective dates; with interest at such rate or rates, not exceeding five (5%) per centum per annum, payable at such time or times, and in such medium of payment at such place or places, and in such denomination or denominations and form, either coupon or registered, and may carry such registration, conversion and exchangeability privileges, and may be subject to such terms of redemption with or without premium, and to become due before the rna turity date thereof, and be executed in such manner and contain such terms, cove nants, assignments and conditions as the resolution authorizing the issuance of such certificates may provide. Said certificates shall not be sold for less than par value. Said certificates shall be negotiable for all purposes and shall be. non-taxable for any and all purposes. They shall be issued when authorized by a majority vote of the mavor and general council, and signed by the mayor and comptroller of the City of Atlanta, and validated pursuant to the existing laws for validation of bonds and when so validated thereunder shall he forever incontestable and conclusive. Before issuing any such revenue certificates the mayor and general council shall provide by resolution for the allocation of a percentage of the anticipated receipts necessary to pay said certificates as they mature from the particular service from which the certificates are to be paid for the year in which they mature, and as said funds are received they shall he deposited in said special funds, without deduction, for the benefit of any other department or fund of the (::ity of Atlanta and used solely for payment of the principal and interest of said certificates. Said revenue certificates shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the City of Atlanta be subject to any pecuniary liability thereon, nor shall any such certificates constitute a charge, lien or incumbrance upon any of its property. The obligation created by said certificates shall not be construed as a debt within the restriction as to debt limit of this paragraph."

774

JOURNAL OF THE HOUSE,

Section 2. Be it further enacted by the authority aforesaid, that when said

amendment shall he agreed to by twothirds vote of the members of each House,

with the "ayes" and "nays" thereon, and published in one or more newspapers in

each congressional district in this State for two months previous to the time for

holding the next general election, at which proposed amendments to the Constitu

tion of this State may he voted on, and shall at said next general election be sub

mitted to the people for ratification. All persons voting at said election in favor

of adopting the said proposed amendment to the constitution shall have written or

printed on their ballots the words, "For ratification of amendment of article 7,

section 7, paragraph 1, of the constitution, authorizing the City of Atlanta to issue

revenue certificates from time to time for the benefit of its water works system

and sanitary department, and providing for the payment of said certificates out of

a percentage of revenues derived from water or sanitary charges respectively," and

all persons opposed to the adopting of said amendment shall have written or printed

on their ballots the words, "Against ratification of amendment of article 7, section 7,

paragraph 1, of the Constitution, authorizing the City of Atlanta to issue revenue

certificates from time to time for the benefit of its water works system and sanitary

department, and providing for the payment of said certificates out of a percentage

of revenues derived from water or sanitary charges respectively," and if a majority

of the electors qualified to vote for members of the General Assembly, voting

thereon, shall vote for ratification thereof, when the results shall be consolidated

as now required by law in election for members of the General Assembly, the

said amendments shall become a part of article 7, section 7, paragraph 1, of the

Constitution of the State, and the Governor shall make a proclamation therefor,

as provided by law.

Section 3. All laws and parts of laws in conflict herewith are hereby repealed.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Black Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier

Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield Elliott

Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp

Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock

MONDAY. MARCH 17, 1947
Lockett Long McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid Risnt>r

775
Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Wi:lliams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark

Claxton Conger Coogle Cox Dykes Eve Freeman Gibson Groover

Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb

776

JOURNAL OF THE HOUSE,

Leverette Littlejohn Lokey Lovett McCracken Mavity Oden

Padgett Pearlman Pennington Rainey Riddlespurger Rich &ow land

Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

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

On the passage of the bill,' the ayes were 157, nays 0.

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

HR34-130a. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A RESOLUTION
To propose to the qualified voters of Georgia an amendment to article VIII, section V, paragraph I of the Constitution of Georgia of 1945, to provide that the General Assembly shall have authority to create and establish in DeKalb County, Georgia, districts from which the members of the county board of education of DeKalb County shall be elected by the voters of such districts: The number of such districts and the boundaries thereof, the terms of such members and the time, place and method of electing such members to be provided for by the General Assembly; and to amend article VIII, section VI, paragraph I of the Con stitution o~ Georgia of 1945, to provide that the General Assembly shall have the authority to make provision for the election or selection of the county school superintendent of DeKalb County by the board of education and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia that article VIII, section V, paragraph I of the Constitution of Georgia of 1945 be amended by adding thereto the following:
"The General Assembly shall have authority to create and establish districts in DeKalb County from which the members of the county board of education of DeKalb County shall be elected by the voters of such districts, and shall have authority to provide for the number of such districts and fix the boundaries thereof and to fix the terms of such members and the time, place and method of electing such members."
Section 2. Be it further enacted by the authority aforesaid that article VIII, section VI, paragraph I of the Constitution of Georgia of 1945 be amended by adding thereto the following:
"The General Assembly shall have authority to make proviSions for the election or selection of the county school superintendent of DeKalb County by the board of education of said county."
Section 3. 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 vot ers of Georgia for ratification or rejection at the next general election, at which con

MONDAY, MARCH 17, 1947

777

~titutional amendments 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 the ratification of the amendment to article VIII, section V, paragraph I and to article VIII, section VI, paragraph I of the Constitution authorizing the General Assembly to provide for the election of members of the county board of education and the election of the county school superintendent of DeKalb County by said boal'd," 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 to article VIII, section V, paragraph I and to article VIII, section VI, paragraph I of the Constitution authorizing the General Assembly to provide for the election of members of the county board of education and the election of the county school superintendent of DeKalb County by said board." If adopted, the results shall be declared and sa.d amendments shall become parts of article VIII, section V, paragraph I and article VIII, section VI, paragraph I of the Constitution of the State of Georgia, and the Governor shall make a proclamation therefor, as provided by law.

Section 4. 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 adoption of the resolution, was agreed to.
On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were ;Messrs.:

Adams of Polk

Adams of Towns

Adams of Wheeler

Addleton

Arnall

Bagby

Barrett

Bennett

Black

Bloodworth

Bradley

Briscoe

Britton

Brooke

Bruton

Byrd

Caldwell

Callier

Campbell

Caswell

'

Cates

Causey

Chance

Cheek

Cheshire

Cochran Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson

Goldberg Gowen Green of Rabun Greene of Criap Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davi~ Harrison of Jenkins Harrison uf Wayne Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston

778
Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks

JOURNAL OF THE HOUSE,
Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar .\loye of Washington Murphy Neel Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid Risner Rucker Sabados Seagraves Shields Sills Skinner Sm.ith of Bryan

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey Lovett .\IcCracken

Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of .Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn
.\Iavity Oden Padgett Pearlman Pennington Rainey Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

MONDAY, MARCH 17, 1947

779

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 157, nays 0. The resolution, having received the requisite two-thirds con~titutional majority, was adopted.

HR 61-303a. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution to propose to the qualified voters of the State of Georgia an amendment to article 7, section 4, paragraph 1, of the Constitution of the State of Georgia, so as to provide that the board of commissioners of roads and revenues of Fulton county shall have power to levy either a tax or an assessment, or both, upon any part of or all the real property (and also if desired upon any occupants thereof) in said county which is outside the incorporated areas of any city, town or municipality, for garbage disposal services and also for the purpose of establishing, maintaining and operating systems of garbage disposal, and shall have power to divide said unincorporated areas or any part thereof into one or more or any number of garbage disposal districts without regard to uniformity of area or population, and any such tax or assessment, or both, so levied need not be uniform within the county and need not be uniform within any garbage disposal district, notwithstanding the provisions of article 7, section 1, paragraph 3 of the constitution; and for other purposes.
Section l. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, that article 7, sectien 4, paragraph 1, of the Constitution of the State of Georgia, be amended by adding thereto the following new paragraph. to wit:
"The board of commissioners of roads and revenues of Fulton county shall have power to levy either a tax or an assessment or both upon any part of or all the real property (and also if desired upon any occupants thereof) in said county which is outside the incorporated areas of any city, town or municipality, for garbage disposal services and also for the purpose of establishing, maintaining and operating systems of garbage disposal, and shall have power to divide said unincorporated areas or any part thereof into one or more or any number of garbage disposal districts without regard to uniformity of area or population, and any such tax or assessment or both so levied need not be uniform within the county and need not be uniform within any garbage disposal district, notwithstanding the provisions of article 7, section l. paragraph 3 of the constitution."
Section 2. Be it further resolved by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members elected to each of the two houses, said amendment shall be entered on their journals with the yeas and nays taken thereon, and shall by the Governor be published in one or more newspapers in each congressional district, and in one or more newspapers in Fulton county, for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen, and said amendment shall be submitted to the people at said next general election. 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 4, paragraph 1, of the constitution, authorizing assessment and tax in Fulton county without regard to uniformity for garbage disposal services and systems hereby authorized." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to article 7, section 4. paragraph 1, of the constitution, authorizing assessment and tax in Fulton county without regard to uniformity for garbage iisposal services and systems hereby authorized."

780

JOURNAL OF THE HOUSE,

If a majority of electors, qualified to vote for members of the General Assembly, voting thereon, in the State as a whole, and also a majority of said electors, voting thereon, in Fulton county, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for memb\!rs of the General Assembly the said amendment shall become a part of article 7, section 4, paragraph 1, of the Constitution of this State, 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.

~ the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Black Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield

Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Flynt Fowler Gal"land Garrard Garrett Garrison Gary Gibbons f;Jisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jell Davis Harris;:;n r f Jenkins Harrison of Wayne Hender,1n Hich Higgs Hill Hinson Hobby

Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller

MONDAY, MARCH 17, 1947

781

Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison "\loye of Lamar Moye of Washington "\lurphy Nee! Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid

Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Oayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty

Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

Mavity Oden Padgett Pearlman Pennington
R~iney
Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Oarke Wells of Lincoln Willingham

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

On the adoption of the resolution, the ayes were 157, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

782

JOURNAL OF THE HOUSE,

HR 67-336a. By Messrs. Kendrick, Smith and Etheridge of Fulton; Howard, Hubert and MeWhorter of DeKalh:
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.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
SECTION 1
That the General Assembly of the State of Georgia proposes to th& people of Georgia that article VII, section VII, paragraph V of the Constitution of Georgia as amended August 13, 1945, be further amended by adding the following paragraph at the end of said section V:
Provided further, that revenue anticipation obligations may be issued by the City of Atlanta, Fulton county or DeKalb county, or either of them, or by any public corporation created by them or either of them, to provide funds for the construction, in whole or in part of grandstands and stadiums or either of them, or to ploYide funds to extend, repair or improve such existing facilities. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by such facilities, and shall not be deemed debts of or to creatt> debts against, the issuing political subdivision within the meaning of the constitution as amended; and no such issuing political subdivision shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof.

SECTION 2

All persons voting at said eiection in favor of adoption of 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 Y. so as to authorize the issuance of revenue certificates." All persons opposed to the adoption of said proposed amendment to the constitution shall have written or printed on their ballots the words, "Against ratification of the amendment to article VII. section VII, paragraph V, so as to authorize the issuance of revenue certificates."

SECTION 3

If a maJonty of electors qualified to vote thereon shall vote in favor of the ratification of said amendment, when the returns shall he consolidated as now required by law in such elections, and return thereof be made to the Governor, then he shall declare said amendment adopted and make proclamation of the result thereof, and said amendment shall he and become a part of article VII, section VII, paragraph V, of the Constitution of the State of Georgia, as amended.

The report of the committee, which was favorable to the adoption of the resolution. was agreed to.

On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk

Bagby

Adams of Towns

Barrett

Adams of Wheeler

Bennett

Addleton

Black

Arnall

Bloodworth

Bradley Briscoe Britton Brooke Bruton

Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jell Davis Harrison of Jenkins

MONDAY, MARCH 17, 1947
Harrison of Wayne Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan :\lcWhorter Mallard
~Ialone
:\fann of Henry :Mann of Rockdale Manous Mason Massey ~Ia thews Mathis Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison ~loye of Lamar

783
~loye of Washington Murphy
:"~eel
Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid Risner Rucker Sahados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn

784

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker .Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

Mavity Oden Padgett Pearlman Pennington Rainey Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

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

On the adoption of the resolution, the ayes were 157, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

Hll70-338a. By Messrs. Wilson, Vandiver and Kemper of Bibb:
RESOLUTION TO REPEAL AMENDMENT TO TH.Ii: CONSTITUTION OF 1877
WHEH.EAS, article 7, section 4. paragraph 15 of the amendsd Constitution
of Georgia of 1945 provides authority ample to provide retirement or pension funds for officer& and employees of any county; and,
WHEREAS, the constitutional amendment designated as Bibb Retirement System set forth in the acts of 1945 of Georgia, pages 106 to 108 and ratified by the people in the general election of 1945 as an amendment to the Constitution of 1877, is merely cumulative and is unnecessary to the setting up of a retirement and/or pension fund for Bibb county; and,
WHEREAS, no action has been taken by the governing authorities of Bibb county to set up such a pension and/or retirement system, and action has been taken in the General Assembly to set up such a system for Bibb county under the general authority of article 7, section 4, paragraph 15 of the Constitution of Georgia of 1877 as amended in the general election of 1945;
THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section l. That the amendment amending paragraph II of section VI of article VII of the Constitution of the State of Georgia of 1877, approved March 9, 1945, and authorizing the General Assembly to enact laws to create a retire

MONDAY, MARCH 17, 1947

785

ment fund and/or system of pension or retirement pay for any and all county employees and officers of Bibb county, Georgia, and for other purposes, and reading as follows:

"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 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;"

be, and the same is, hereby repealed and stricken in its entirety.

Section 2. Be it further resolved by the authority aforesaid, that whenever the above proposed resolution repealing said 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 has been entered upon their journal, 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 distrir:t for two months previous to the time of holding the next general election.

Section 3. BE IT FURTHER RESOLVED, that this resolution shall be submitted, as one single amendment to the constitution, to the people for ratification or re jection in the next general election. 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 relating to Bibb county repealing the amendment to the constitution set out in acts of 1945, pages 106-108, adopted in the general election of 1945." Those voting against the ratification of the proposed amendment shall have written or printed on their ballots the words, "Against the amendment relating to Bibb county repealing the amendment to the Constitution of Georgia set out in acts of 1945, pages 106 to 108, adopted in the general election of 1945." If a majority of those voting vote for this amendment herein proposed, when the results are certified to the Governor, he shall proclaim the amendment adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Black Bloodworth

Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell

Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth

786

JOURNAL OF THE HOUSE,

Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy
- Harrison of Jeff Davis
Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb

Hubert Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard Malone .Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Nightingale

Overby Phillips Pulliam Ramey Ramsay Ray Reid
~ner
Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle T_hompson Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn

MONDAY, MARCH 17, 1947

787

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

Mavity Oden Padgett Pearlman Pennington Rainey Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Oarke Wells of Lincoln Willingham

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

On the adoption of the resolution, the ayes were 157, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 83-39la. By Messrs. Flynt and Addleton of Spalding:
A resolution proposing to the qualified voters an amendment to article 8, section 5, paragraph 1 of the Constitution of Georgia of 1945, so as to provide for the division of Spalding county into school districts, and for the election of members of the county board of education from such school districts, to provide for their terms of office and qualifications; to provide for the election and appointment by the county board of education of a superintendent of the county school system, and to prescribe his qualifications and term of office; to provide for the submission of the amendment for ratification or rejection by the people; and for other purposes.
BE IT RESOLVED by the General Assembly of the State of Georgia:
Section l. That article 8, section 5, paragraph l of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof a new paragraph as follows, to wit:
"The members of the county board of education of Spalding county shall be elected by the people at the same time and for the same term that other county officers are elected, and shall hold their offices until their successors are elected and qualified. Sixty days after the ratification of this amendment it shall be the duty of the ordinary of Spalding county to call an election for the purpose of electing by the qualified voters in each school district of a member of the county board of education from that school district. The members of the board who are elected at that time shall hold office until their successors are elected and qualified. Should a vacancy occur in the office of any member thus elected, a successor shall

788

JOURNAL OF THE HOUSE,

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 clerk of the superior court, and the ordinary, be laid off and divided into five school districts to be known, numbered and designated as school districts numbers 1, 2, 3, 4, and 5; the geographical limits of such school districts may be changed and relaid off from time to time in the discretion of the officers herein named upon an unanimous vote of the said officers so to do. One member from each of the above designated school districts shall be elected to serve on said board, and only the registered and qualified voters in each school district shall vote for the election of a member from that district.
"Should the charter providing for the operation of the Griffin independent school system be surrendered and the laws governing the operation of the Griffin independent school system be repealed, the number of members of the county board of education shall be increased to 10 members, with 5 members being elected from the City of Griffin, which shall be designated as school district No. 6 of Spalding county; that within 60 days after the ratification of this amendment, if the charter of the Griffin independent school system shall have been surrendered, the ordinary of Spalding county shall call a special election for the purpose of electing 5 additional members of the county board of education from said school district, who shall serve until the next election of other county officers, when their successors shall be elected. Only the registered and qualified voters in this said school district shall vote for the election of the five members from said district.
"No publisher of school books or any agent for such publisher or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of the county board of education; and in said election, only the qualified voters of the county residing in that part of the county where the schools are under the jurisdiction and control of the county school superintendent shall be eligible to vote.
"That from and after the ratification of this amendment the grand jury of Spalding county shall make no future appointments of members of the county board of education, but the present board shall serve until their successors are duly elected as above provided.
"No person shall be eligible to hold office as a member of the county board of education who is not of good moral character, and who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for the members of the General Assembly.
"The county school superintendent of Spalding county shall be elected or appointed by the county board of education for a term not to exceed 4 years, and he shall hold such office until his successor is elected and qualified. From and after the ratification of this amendment the voters of Spalding county shall no longer elect the county school superintendent, but the present superintendent shall serve until his successor is dnly elected or appointed as above provided by the county board of education.
"Before any person shall be qualified or eligible to hold office as county school superintendent, he shall have had at least two years practical experience in school administration, and he shall have completed a minimum of five school years of college and shall have graduated from an accredited college or university, and shall hold the degree of master of arts or an equivalent master's degree."

MONDAY. MARCH 17, 1947

789

Section 2. BE IT FURTHER RESOLVED, that when this proposed amendment shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same shall have been entered on their journals with the "ayes" and "nays" taken thereon, the proposed amendment shall be submitted to the people for ratification or rejection at the next _general election at which election members of the General Assembly are chosen, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. Said amendment shall be published in one or more newspapers in each congressional district for two months previous to the time of holding the election wherein said amendment is submitted for ratification or rejection. All persons voting in said election in favor of adopting the proposed amendment to the constitution shall have written or. printed on their ballots the words, "For ratification of amendment to paragraph 1, section 5, article 8 of the constitution providing for the election of members of the Spalding county board of education, and the appointment of a county school superintendent by said board," and all persons opposed to the adoption of said amendment shall have written and printed on their ballots the words, "Against ratification of amendment to paragraph 1, section 5, article 8 of the constitution providing for the election of members of the Spalding county board of education, and the appointment of a county school superintendent by said board. If a majority of the voters of the State qualified to vote for members of the General Assembly voting thereon, and if a majority of the electors qualified to vote for members of the General Assembly in the County of Spalding voting thereon ratify such amendment, the same 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 the State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the roll call was ordered and the vote .was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Black Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell

Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden

Edenfield

Elliott

Ellis

Etheridge of Baker

Etheridge of Fulton

Evans

Evitt

Flynt

Fowler

Garland

Garrard

Garrett

Garrison

Gary

Gibbons

Glisson

Goldberg

,

790

JOURNAL OF THE HOUSE,

Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of J eli Davis Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight

Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey :Mathews Mathis Meeks
~litchell ~1iller
Moore of Lumpkin ~loore of Taliaferro ~I organ Morris Morrison Moye of Lamar Moye of Washington \lurphy Nee! Nicholson
~ightingale
Overby Phillips Pulliam Ramey Ramsay Ray Reid

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker

Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle \"andiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn
Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper

MONDAY. MARCH 17, 1947

791

Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

Mavity Oden Padgett Pearlman Pennington Rainey Riddles purger Rich

Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

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

On the adoption of the resolution, the ayes were 157, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 443. By Mr. Rowland of Johnson:
A BILL
To be entitled an act to propose to the qualified voters of Georgia an amend ment to article 7, section 7, paragraph 1, of the Constitution of Georgia, so as to authorize the mayor and council of Wrightsville, Johnson County, to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia, for the purpose of refunding and retiring a portion of the existing bonded indebtedness and interest thereon up to and including December 1, 1949, to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness and interest thereon, which may become due up to and including December 1, 1949, to provide for the submission of the amendment for ratification by the people and for other purposes.
SECTION l. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that article 7, section 7, paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph, in the following words, to wit:
"And except that the mayor and council of Wrightsville, Johnson County, may issue refunding bonds not in excess of the aggregate sum of $25,000.00 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said the mayor and council of Wrightsville, and any bonded indebtedness and interest thereon of said the mayor and council of Wrightsville, :l:nd which becomes due up to and including December 1, 1949, and provide for the assessment and collection of an annual tax, sufficient to an amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the mayor and council of Wrightsville, Johnson County, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon outstanding and which becomes due up to and including December 1, 1949. Said refunding bonds shall be issued when authorized by a resolution of the mayor and council of Wrightsville, and shall he validated as provided by law."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members of each House,

792

JOURNAL OF THE HOUSE,

with the "ayes" and "nays" thereon, and published in one or more newspapers in each congressional district in this state for two months previous to the time of holding the next general election, at which proposed amendments to the Constitution of this state may be voted on, same shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of article 7, section 7, paragraph 1, of the Constitution authorizing the mayor and council of Wrightsville, Johnson County, to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratific'ation thereof, when the result shall be consolidated as now required by law in election for members of the General Assembly the said amendment shall become a part of article 7, section 7, paragraph I, of the Constitution of the state, and the Governor shall make a proclamation therefor, as provided by law.

SECTION 3. All laws and parts of laws in conflict herewith are hereby re-

pealed.

/

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Black Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran

Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen

Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of J elf Davis Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins

MONDAY, MARCH 17, 1947

Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McVVhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller

Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of VVashington Murphy Nee! Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll

11hose not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kempe~ Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

793
Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers VValker VVatford Welsch VVhaley Williams of Jones Williams of Mcintosh Williams of Toombs VVilliams of VVare VVilloughby VVilson VVitherington Yawn
~lavity
Oden Padgett Pearlman Pennington Rainey Riddlespurger Rich Rowland Salter Stevens Trulock VVells of Clarke Wells of Lincoln Willingham

794

JOURNAL OF THE HOUSE,

By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 157, nays 0. The bill, having received the requisite two-thirds constitutional majority, was passed.

HR 90-445. By Messrs. Adams and Hurt of Polk:
A resolution proposing to the qualified voters an amendment to paragraph 1, section 5, article 8 of the Constitution of Georgia of 1945 so as to provide for a county board of education for Polk county, Georgia, to be composed of nine (9) members and for four additional members should Cedartown merge with Polk county; to provide the qualification of the board members, their term of office and the manner of their election; to vest the county board of education with all powers and duties now exercised by county boards of education and local trustees; to provide for a county school superintendent and his election by the county board of education, to provide that the territory of Polk county outside of independent systems shall constitute one school district; to provide for a special school tax of two mills to be levied on all property of the county in addition to the fifteen mills provided for in paragraph 1, section 12, article 8 of the constitution; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
SECTION I
That paragraph 1, section 5, article 8 of the Constitution of Georgia of 1945 be, and the same is hereby amended by adding at the end thereof new paragraphs as follows, to wit: "All of Polk county lying outside of independent school systems now in existence in said county ~hall compose one school district and shall be under the control and management of a county board of education. There shall be a Polk county board of education which shall consist oi. nine (9) members, who shall serve without compensation. The judge of the superior court of said county shall appoint the first board and three (3) of the members so appointed shall hold office for four years, three (3) for three (3) years, and three (3) for two (2) years. At the expiration of the terms of members of said board so appointed their successors shall be elected by the qualified voters of that portion of Polk county which is now or may hereafter be under the jurisdiction of the Polk county board of education, and for a term of four years. The election for board members shall be held on the second Tuesday in December at an election held for the exclusive purpose of electing members of the Polk county board of education. All candidates for membership on the Polk county board of education shall register with the ordinary of said county ,at least ten days before the election. The ordinary shall provide f?r said election in the same manner and at the same places as regular election and declare the results and certify to the proper authorities the duly elected members of said board. The new board of education provided for in this amendment shall take office January 1, 1949, and the first election shall be held on the second Tuesday in December. 1950, and other elections shall be held on said date each year thereafter so that the terms of the membership shall remain staggered. One member of the county board of education shall be elected from each of the attendance areas of Antioch, Aragon, Benedict, Brewster, CedarLake, Fish, :l<'ite, and two members shall be elected from the elementary school attendance area of Rockmart. The membership of the Polk county board of education shall be enlarged to thirteen, if and when the independent school system

MONDAY, MARCH 17, 1947

795

of Cedartown merges with Polk county school system and the four additional members shall be elected from the territory of the city limits of Cedartown. All rights, powers, and duties now exercised by the county board of education and the district trustees are hereby vested in the Polk county board of education. Should a vacancy occur on said board by reason of death, resignation, or otherwise, the remaining members of the board shall by secret ballot elect a successor who shall hold office until the first election for members of the board as herein provided. No person shall be eligible to hold office as a member of the Polk county board of education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for members of the General Assembly. No publisher of school books or any agent for such publisher, or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of said board of education.
There shall be a county school superintendent who shall be elected or appointed by the county board of education of Polk county. Before any person shall be elected or appointed county school superintendent he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county school superintendents of the State, except that any legal requirement as to local residence shall not be applicable. From and after the ratification of this amendment the voters of Polk county shall no longer elect a county sche11l superintendeR!. That in addition to the tax of not less than five mills nor greater than fifteen mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located outside independent school systems as provided for in paragraph 1, section 12, article 8 of the constitution, the fiscal authorities of Polk county shall levy a tax, for the support and maintenance of schools under the jurisdiction of the Polk county board of education of two mills upon the dollar of all taxable property located in the County of Polk, when such additional two mill tax is recommended by the Polk county board of education."

SECTION II
BE IT FURTHER RESOLVED that when said amendment shall be agreed to by two-thirds vote of the members of each house with the "ayes" and "nays" taken thereon, the proposed amendment shall be submitted to the people for ratification or rejection at the next general election at which election members of the General Assembly are chosen, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. Said amendment shall be published in one or more newspapers in each congressional district for two months previous to the time of holding the election wherein said amendment is submitted for ratification or rejection. All persons voting in said election in favor of adopting the proposed amendment to the constitution shall have written or printed on their ballots the words, "For ratification of amendment to paragraph 1, section 5, article 8 of the constitution providing for nine (9) members Polk county beard of education and the election of a county school superintendent by said board," and all persons opposed to the adoption of said amendment shall have written and printed on their ballots the words, "Against ratification of amendment to paragraph 1, section 5, article 8 of the constitution providing for nine (9) member Polk county board of education -and the election of a county school superintendent by said board." If a majority of the voters of the State qualified to vote for members of the General Assembly voting thereon, and if a majority of the electors qualified to vote for members of the General Assembly in the County of Polk voting thereon ratify such amendment, the same shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as retums for members of the General Assembly,

796

JOURNAL OF THE HOUSE,

and it shall he the duty of the Secretary of the State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Black BloodWorth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker

Etheridge of Fulton Evans Evitt Flynt Fowler Garland Garrard Garr<'tt Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalh Hubert Huddleston Hurt

Ingle Jenkins Joel Johnson of Bulloch J obnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long
~lcMillan ~fcWhorter ~fallard ~Ialone
.\fann of Henry ~ann of Rockdale .\fanous :\I a son .\fassey ~a thews ~a this :\leeks Mitchell
~iller
Moore of Lumpkin .\loore of Taliaferro .\forgan
~orris
Morrison .\loye of Lamar ~oye of Washington .\furphy Nee!

Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid Risner Rucker Sabados Seagraves Shields Sills

MONDAY, MARCH 17, 1947
Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver

797
Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson .Witherington Yawn

Those not voting were Me$rs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Oark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

Mavity Oden Padgett Pearlman Pennington Rainey Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 157, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

798

JOURNAL OF THE HOUSE,

HR 92-465a. By Messrs. Elliott, Holleman and Shields of Muscogee:
A resolution to propose to the qualified voters of the State of Georgia an amend ment to article VIII, section VII of the constitution of the State of Georgia, said amendment to be known as paragraph II of said section, so as to provide that the General Assem.bly of Georgia shall be authorized to pass a special act or acts to merge the existing independent school system of the City of Columbus and the existing school district in the County of Muscogee lying outside the corporate limits of said city into one school district or system co-extensive with the limits of said county.

SECTION I
Be It Resolved by the General Assembly of Georgia, that article VIII, section VII of the Constitution of the State of Georgia shall be amended so as to add to said section a new paragraph, to be known as paragraph II, and to read as follows:
Paragraph TI. Merger of existing independent school system of City of Columbus and existfng school district in Muscogee county outside the corporate limits of said city into one school district or system. The General Assembly of Georgia is hereby authorized to pass a special act or acts to merge the existing independent school system of the City of Columbus and the existing school district in the County of Muscogee outside the corporate limits of said city, as said corporate limits will exist on December 31, 1948, or may be thereafter extended, so that the entire area of said county shall constitute one school district or system, the existing independent school system of said city and the existing school district in said county outside said corporate limits of said city being thereby abolished. The construction, equipment and operation of a public library or libraries by said school system so to be created shall be held to be a part of said school system."
The said act or acts of the General Assembly shall authorize the levying of ad valorem taxes, uniform throughout said county, with or without limitation of such rate. as the General Assembly may provide, for the support of said school system. Property taxed for support of said school system shall not be subject to the privileges of the homestead exemption provided by article VII, section I, paragraph IV of this constitution.
The General Assembly may provide either (I) for the fixing of the rate of the county-wide school tax by the commission of the City of Columbus and the board of roads and revenues of Muscogee county meeting in joint session; after which, at separate meetings of said commission and said board, said commission shall levy taxes, at the fixed rate, on property within the corporate limits of said city, and said board shall levy taxes, at the fixed rate, on property in said county outside said corporate limits. Under this plan, returns for taxation of property located in the corporate limits shall be made to the city authorities, and assessments on said city property and all proceedings for collection of taxes thereon shall be had by the city authorities; while returns for taxation of property located in said county outside the corporate limits of said city shall be made to the regular county authorities, and assessments on said property outside the corporate limits of said city and all proceedings for collection of taxes thereon shall be had by the regular county authorities. Or (2) in lieu of or in combination with the said plan, the General Assembly may vest the powers of taxation, the making of provisions for tax returns and assessment of property and collection of taxes, together with such other powers necessary or incidental to the support of said school system, in any public body, board or commission or combinations thereof, or may create new public bodies, boards, or commissions, or combinations thereof, in which said powers may be vested. Said public bodies, boards or commissions, or combinations thereof, shall have representation throughout said county.

?\IONDAY,. MARCH 17, 1947

799

The act of the General Assembly providing for said school merger may provide that all assessments of property made after the first day any January as a basis of taxation for said school system shall be effective as of the first day of
1anuary of that year; and in cases of all taxes levied for said school system after
the first day of any January the tax lien shall date, rank and become fixed as of the first day of January of that year.
The General Assembly may vest the powers relating to issuance of bonds, creation of debts, borrowing of money, making of contracts, acquisition, holding, leasing or sale of lands and other property, together with such other powers necessary or incidental to the support of said school system, in any public bodies, boards or commissions or combinations thereof having representation thereon throughout the County of Muscogee; or may create new public bodies, boards, or commissions, or combinations thereof, in which said powers may be vested.
The General Assembly may vest said school system with all privileges held by other school systems and districts of this State, including the addition thereto of colleges; and said school system shall be entitled to its pro-rata portion of all educational funds now or hereafter provided by the State of Georgia and of the l'nited States.
The General Assembly shall provide for a board of education, to bear such name and have such powers as may be provided in said act, to administer said school system throughout said county; said board to elect or employ a superintendent of education, and all teachers and employees necessary to the administration of said school system.
The board of education shall be elected by such public body or bodies, having representation thereon throughout the county, as may be provided by the General Assembly.
The board of education shall consist of not more than fifteen (15) nor less than nine (9) members, onethird of the members of such board to be residents of ;\luscogee county outside of the corporate limits of the City of Columbus, and the remaining members of said board to be residents of said city.
The General Assembly may authorize the City of Columbus and the County of :\luscogee to appropriate money from their general funds to the board of education so to be created, for educational purposes, including a public library or libraries to be operated by said board of education. This power of appropriation shall also exist upon the ratification of this amendment before the merger of the existing city school system and the existing school district in said county and before the passage of an act by the General Assembly pursuant hereto, so as to permit said city to appropriate general funds to the existing city school system and to the existing school district in said county outside the corporate limits of said city, and to permit said county to appropriate general funds to the existing city school system and the existing school district in said county outside the cor porate limits of said city.
The General Assembly may from time to time enact special acts amending acts enacted pursuant hereto; and may also provide for amendments directly by the qualified voters of Muscogee county in referendums held for that purpose pursuant to general or special statutes of the State heretofore or hereafter enacted.
The specification of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly pursuant hereto are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education throughout the limits of :\Iuscogee county.

800

JOURNAL OF THE HOUSE,

The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this constitution, or the general or special laws of the State.
The original act to be enacted by the General Assembly pursuant hereto, mak ing provisions for the merging of the existing independent school system of said city and the existing school district in said county outside the corporate limits of said city, shall provide that said act shall not .become effective until a refer endum shall be held throttghout the County of Muscogee resulting in favor of said school merger. To that end said act shall provide for separate referendums, held on the same day, to be had within the City of Columbus and in the territory of Muscogee county outside of said city, in which both a majority of the qualified voters of the city voting in said city referendum and a majority of the qualified voters of the county outside of said city voting in said referendum Ip.Ust vote in favor of said school merger before it becomes operative, the votes within and the votes outside the corporate limits of the city to be counted separately and not consolidated.
The specification of certain powers herein is not intended to be exclusive, it being the intention that all provisions hereof are to be liberally construed so as effectively to execute the general purpose of extending the existing independent school system of the City of Columbus throughout the entire territory of Muscogee county.

SECTION 2.
Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this State, said amendment also to be advertised in a newspaper published in the City of Columbus having general circulation throughout Muscogee county, for two months next preceding the time of holding the next general elec tion at which members of the General Assembly are chosen.

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 the State of Georgia at the next general election at which members of the General Assembly are chosen, to be had after the publications provided for in section 2 of this resolution, and in the various 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 VIII, section VII, of the Constitution of Georgia, by adding a new paragraph authorizing the General Assembly to pass a special act or acts to merge the existing school system of the City of Columbus and the existing school district in the County of Muscogee lying outside the corporate limits of said city into one school district or system co-extensive with the limits of said county"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "AGAINST RATIFICATION of amendment to article VIII, section VII of the Constitution of Georgia, by adding a new paragraph authorizing

l\IONDAY. MARCH 17, 1947

801

the General Assembly to pass a special act or acts to merge the ex1stmg school system of the City of Columbus and the existing school district in the County of Muscogee lying outside the corporate limits of said city into one school district or system co-extensive with the limits of said county."

If a majority of the electors qualified to vote voting thereon in the state as a whole, and also a majority of the electors qualified to vote voting thereon in Muscogee County, vote in favor of the ratification of said proposed amendment, then said proposed amendment shall become 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 proposed amendment be ratified, make proclamation thereof.

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 ill the affirmative were Messrs.:

Adams of Polk Allams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Bla~k Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran

Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen

Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jell Davis Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins

802

JOURNAL OF THE HOUSE,

Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller

Moore of Lumpkin Moore of Taliaferro Morgan Mo~ris Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll

Smith of Chatham Smith of Oilyton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willingham Willoughby Wilson Witherington Yawn

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Oark Claxton Conger Coogle Cox Dykes Eve

Freeman Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey

Lovett McCracken Mavity Oden Padgett Pearlman Pennington Rainey Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Oarke

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

. On the adoption of the resolution, the ayes were 157, nays 0.

l\IONDAY, l\IARCH 17, 1947

803

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 96-476a. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to article 7, section 4, paragraph 1 of the Constitution of the State of Georgia, so as to provide that the board of commissioners of roads and revenues of Fulton County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Fulton County outside the incorporated limits of municipalities; and the right and power to license and regulate taxicabs and cars for hire in such unincorporated areas, and the right and power to classify businesses and business enterprises and to assess different license fees and taxes against different classes of business; and so as to provide that the board of commissioners of roads and revenues of Fulton County shall also have the right and power to regulate all businesses and business enterprises in any area of Fulton County outside the incorporated limits of municipalities, in the interest of the welfare of the citizens of Fulton County, and to prescribe rules and regulations concerning the same, and to provide that violation of any regulation adopted by the board of commissioners of roads and revenues of Fulton County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia; and for other purposes.
SECTION L Be it resolved by the General Assembly of the State of Georgia, that article 7, section 4, paragraph 1, of the Constitution of the State of Georgia, be amended by adding thereto the following new paragraph, to wit:
"The board of commissioners of roads and revenues of Fulton County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Fulton County outside the incorporated limits of municipalities; and the right and power to license and regulate taxicabs and cars for hire in such unincorporated areas; and the right and power to classify businesses and business enterprises and to assess different license fees and taxes against different classes of business. The board of commissioners of roads and revenues of Fulton County shall also have the right and power to regulate all businesses and business enterprises in any area of Fulton County outside the incorporated limits of municipalities, in the interest of the welfare of the citizens of Fulton County, and to prescribe rules and regulations concerning the same, and to provide that violations of any regulation adopted by the board of commissioners of roads and revenues of Fulton County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia.
SECTION 2. Be it further resolved by the authority aforesaid that when said amendment shall be agreed to by two-thirds vote of the members elected to each of the two Houses of the General Assembly, said amendment shall be entered on their journals with the yeas and nays taken thereon, and shall by the Governor be published in one or more newspapers in each congressional district and in one or more newspapers in Fulton County for two months previous to the time for holding the next general election at which election members of the General

804

JOURNAL OF THE HOUSE,

Assembly are chosen, and said amendment shall be submitted to the people in said next general election. All persons voting at said election in favor of adoptin~: said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to article 7, section 4, paragraph 1 of the Constitution authorizing Fulton County to assess and collect license taxes upon businesses in Fulton County and to regulate same." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of article 7, section 4, paragraph 1 of the Constitution authorizing Fulton County to assess and collect license taxes upon businesses in Fulton County and to regulate same." If a majority of the electors qualified to vote for members of the General Assembly voting thereon in the state as a whole, and also a majority of said electors voting thereon in Fulton County, 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 7, section 4, paragraph 1 of the Constitu tion of this state and the Governor shall make proclamation thereof.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Black Bloodworth Bradley
Brisc~e
Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington

Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans .Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp

Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs
. Hill
Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes

MONDAY, MARCH 17, 1947

805

Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long-
McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro

Morgan Morris Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham

Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn

Those not voting were Me88l'L:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark Claxton Conger Coogle Cox Dykes

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey

Eve Freeman

Lovett McCracken

Mavity Oden Padgett Pearlman Pennington Rainey Riddles purger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

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

On the adoption of the resolution, the ayes were 157, nays 0.

806

JOURNAL OF THE HOUSE,

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 97-476b. By Messrs. Etheridge, Kendrick and Smith of Fulton:
EXTENSION OF FULTON COUNTY <ZIVIL SERVICE
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to article 7, section 4, paragraph 1 of the Constitution of Georgia of 19115 so as to authorize the General Assembly to include in the civil service and/or merit system heretofore authorized by constitutional amendment for Fulton County any persons (other than officers elected by the people) whose salaries or wages are paid in whole or in part by the treasurer of Fulton County or out of funds belonging to Fulton County; to ratify all extensions in the coverage of said civil service system heretofore made by the General Assembly prior to the ratification of this amendment; and for other purposes.
BE IT RESOLVED by the General Assembly of the State of Georgia:
SECTION 1
That article 7, section 4, paragraph 1 of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end of said paragraph the following language:
" provided, however, that the General Assembly shall be authorized to include in the civil service and/or merit system heretofore authorized by constitutional amendment for Fulton County any persons (other than officers elected by the people) whose salaries or wages are paid in whole or in part by the treasurer of Fulton County or out of funds belonging to Fulton County. All extensions in the coverage of said civil service system heretofore made by the General Assembly to persons other than employees of Fulton County and employees and deputies of county officers of Fulton County are by this amendment ratified, confirmed and continued in force, except as the same may hereafter be changed or amended by the General Assembly."
SECTION 2
Whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3) vote of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be, and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this state and in one or more newspapers in Fulton County for two (2) months previous to the time for holding the next general election, at which election members of the General Assembly are chosen, and said amendment shall be submitted to the people in said next general election. 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 4, paragraph 1 of the Constitution authorizing the extension of the civil service and/or merit system in Fulton County and ratifying its extension by the General Assembly," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to article 7, section 4, paragraph 1 of the Constitution authorizing the extension of the civil service and/or merit system in Fulton County and ratifying its extension by the General Assembly."

MONDAY, MARCH 17, 1947

807

If a majority of the electors qualified to vote and voting thereon in the state as a whole shall vote in favor of the adoption of said amendment, and also if a majority of the electors qualified to vote and voting thereon in Fulton County shall vote in favor of the adoption of said amendment, when the returns shall be consolidated as required by law in elections for members of the General Assembly, then said amendment shall become a part of article 7, section 4, paragraph 1 of the Constitution of Georgia of 1945 and the Governor shall make proclamation thereof accordingly.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler , Addleton Arnall Bagby Barrett Bennett "Black Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden

Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs Hill

Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis

808

JOURNAL QF THE HOUSE,

Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay

Ray Reid Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill

Twitty Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

.\Iavity Oden Padgett Pearlman Pennington Rainey Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

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

On the adoption of the resolution, the ayes were 157, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

MOND<AY. MARCH 17, 1947

809

HR 98483a. By Messrs. McWhorter, Hubert and Howard of DeKalb:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to paragraph IV, section I, of article VII of the Constitution of Georgia so as to authorize and provide that the county board of education of DeKalb 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.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
SECTION I. That paragraph IV, and section I of article VII 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 DeKalb County from levying a tax for school purposes on all property located in DeKalb County not included in any independent school 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 DeKalb County is hereby authorized and empowered 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 II. Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by twothirds of the members elected to each of the two Houses of the General Assembly and the same has been entered on their journals with the "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, and for two months next preceding the time of holding the next general election, 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 ballots the words "For ratification of amendment to paragraph IV, section I of article VII of the Constitution on providing that the exemption from taxation of the homestead of residents shall not apply in the County of DeKalb as against levies of taxes for school purposes by the county board of DeKalb 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 IV, section I of article VII of the Constitution providing that the exemption from taxation of the homestead of residents shall not apply in the County of DeKalb as against levies of taxes for school purposes by the county board of DeKalb 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 elections shall

810

JOURNAL OF THE HOUSE,

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 III. 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.

On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Black Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden

Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs Hill

Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis

MONDAY, MARCH 17, 1947

811

Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar Moye of Washington Murphy Neel Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay

Ray Reid Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fult~n Smith of Oglethorpe Swindle Thompson Towill

Twitty Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bo~twick Chalker Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

Mavity Oden Padgett Pearlman Pennington Ra_iney Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

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

On the adoption of the resolution, the ayes were 157, nays 0.

The resolution, having received the. requisite two-thirds constitutional majority, was adopted.

HR 104-504a. By Mr. Willoughby of Clinch:
A resolution proposing to the qualified voters an amendment to article 8, section 5, paragraph 1, of the Constitution of Georgia so as to provide for the division of

Bl2

JOURNAL OF THE HOUSE,

Clinch county into school districts and for the election of a member of the county board of education from each school district; to provide for their terms of office, compensation, and qualifications; to provide for the submission of the amendment for ratification or rejection by the people; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. That article 8, section 5, paragraph I, of the Constitution of Georgia shall be amended by adding to the end thereof a new paragraph as follows, to wit:
The members of the county board of education of Clinch county shall be elected by the people at the same time and for the same term that other county officials are elected, and shall hold their offices until their successors are elected and qualified. Sixty days after the ratification of this amendment it shall be the duty of the ordinary of Oinch county to call an election for the purpose of electing by the qualified voters in each school district of a member of the county board of education from that school district. Said school districts shall correspond and be the same as the present "commissioner districts" now in existence in Clinch county, which are laid out and designated for the election of the members of the board of commissioners of roads and revenues in said county. The members of the board of education who are elected at that time shall hold office until their successors arc elected and qualified. Should a vacancy occur in the office of any member thus elected, a successor shall be appointed by the judge of the superior court for the unexpired term. Only one member from each of the five school or commissioner districts shall be elected to serve on said board, but the registered and qualified voters of Clinch county shall vote on the election of each member of said board.
No person shall be eligible to hold office as a member of the county board of education who is not a resident of and a free holder of real property in the school or commissioner district from which he seeks to be elected, and who is not a voter qualified to vote for the members of the General Assembly.
The five members of the county board of education thus elected shall select and choose from among themselves one of their number as chairman, who shall preside at all meetings of said board, but who shall receive no additional compensation. Each member of said board shall receive the sum of ($5.00) five dollars per day as per diem while actually engaged in a regularly or specially called meeting of said board, and in addition shall be entitled to the sum of five cents per mile for travel, expenses in traveling from their respective homes to the place called for the meeting of said board.
Section 2. That from and after the ratification of this amendment the grand jury of Clinch county shall make no future appointments of members of the county board of education, but the present board shall serve until their successors are duly elected as above provided.
Section 3. Whenever this proposed amendment shall be agreed to by twothirds of the members elected to each of the two houses of the General Assembly and the same shall have been entered upon the journals, with the "ayes" and "nays" taken thereon, it shall be published and submitted to the people at the next general election, and if approved by the requisite number of voters of the State and if also it is approved by the majority of voters in Clinch county voting in said election, the returns thereof shall be consolidated and the results declared, as provided by law, and this said amendment shall become part of the constitution.

MONDAY, MARCH 17, 1947

813

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall Bagby Barrett Bennett Black Bloodworth Bradley Briscoe Britton Brooke Bruton Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt

Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins Harrison of Wayne Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan

Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard Malone Mann of Henry Mann of Rockdale Manous Mason
~fassey
Mathews Mathis Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison :'\foye of Lamar Moye of Washington Murphy Nee) Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid

814

JOURNAL OF THE HOUSE,

Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel

Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford

Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Daw>'Ol' Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Levere!te Littlejohn Lokey Lovett McCracken

Mavity Oden Padgett Pearlman Pennington Rainey Riddlespurger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

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

On the adoption of the resolution, the ayes were 157, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 105-516a. By :\fessrs. Elliott, Holleman and Shields of Muscogee:
A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to article XI, section I, paragraph VI of the Constitution of the State of Georgia, as the same has heretofore been amended, revised or changed, so as to provide that the department of health of the City of Columbus, Georgia, may be combined with the department of health of Muscogee County, Georgia, to be known as "Muscogee County department of public health," said Muscogee County depart-

~IONDAY. MARCH 17, 1947

815

ment of public health to be administered by a governing body to be known as "county board of health," whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus and other incorporated areas lying within said county.
SECTION I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA that article XI, section I, paragraph VI of the Constitution of the State of Georgia, as the same has heretofore been amended, revised or changed, shall be further amended by adding at the end thereof a new paragraph to provide as follows:
"Notwithstanding the provisions of paragraph VI, section L article XI of the Constitution of the State of Georgia, or any other provision of said Constitution. the County of .Muscogee, Georgia, and the City of Columbus, Georgia, shall regulate the health of said county and of said city through the '.Muscogee County department of public health,' to be administered by a governing body to be known as 'county board of health,' whose jurisdiction shall extend throughout Muscogee County including the City of Columbus and other incorporated areas lying within said county, created and existing under and by virtue of an act of the General AsseJVbly of Georgia (Ga. Laws 1941, pages 937-947) 'entitled an act to combine the department of health of the City of Columbus with the department of health of .Muscogee County, and said combined departments to be known as '.Muscogee County department of public health,' to be administered by a governing body to be known as 'county board of health,' whose jurisdiction shall extend throughout .Muscogee County, including the City of Columbus, and other incor porated areas; to provide for a commissioner of health, and assistant personnel; and for other purposes,' which act and any and all acts amendatory thereof, together with all rules and regulations promulgated thereunder be and the same hereby are ratified, validated and confirmed as of the respective dates of such enactments and the adoption of such rules and regulations; and the act of the General Assembly of Georgia (Ga. Laws 1943, pages 265-266) entitled 'an act amending chapter 88-2 of the Code of Georgia of 1933, which chapter is a codification of Georgia Laws of 1914, pages 124 to 134, inclusive, and refers to county boards of health, by adding to said chapter a new section, to be known as 'section 88-207', and providing that there be excepted from the provisions of this chapter those counties and municipalities in the State of Georgia which have heretofore provided or which may hereafter provide, pursuant to acts of the General Assembly, for combined county and city health departments, or county-wide health departments, whether or not such acts refer to the provisions of this chapter or to the act from which it is codified and providing that they be authorized to maintain and operate such health departments pursuant to said respective acts, and upon a budget first approved by both the municipal and county taxing authorities of the cities and counties so combining and by the county taxing authorities of the counties operating a county wide health department; providing for ratification of all such acts heretofore enacted by the General Assembly; providing that such combined or county-wide health departments shall, in all other respects conform to chapter 88-2 of the Code of Georgia of 1933, and operate under the control of the state department of public health and for other purposes,' and any and all acts amendatory thereof, together with all rules and regulations promulgated thereunder be and the same hereby are ratified, validated and confirmed as of the respective dates of such enactments and of the adoption of such rules and regulations."
SECTION II
BE IT FURTHER RESOLVED, that whenever the above proposed amendment to the Constitution of the State of Georgia shall have been agreed to by twothirds of the members elected to each of the two houses of the General Assembly,

816

JOURNAL OF THE HOUSE,

and the same has been entered on their respective journals with the yeas and nays taken thereon, the Governor shall he and he hereby is authorized and instructed to cause such amendment 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 which election, members of the General Assembly are chosen, and in like manner to cause the said amendment to he published in a newspaper having general circulation among the citizens of the City of Columbus, and of the County of Muscogee.

SECTION III

BE IT FURTHER RESOLVED, that the above proposed amendment shall be submitted for ratification or rejection to the qualified voters of the State of Georgia and of the area directly affected thereby, at the next general election to he held after the publications provided for in section II of this resolution, in the several election districts of this state, at which 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 of the State of Georgia shall have written or printed on their ballots the words,
"For ratification of amendment to paragraph VI of section I of article XI of the Constitution of the State of Georgia, 1945, authorizing the health of .l\luscogee County and the City of Columbus to be regulated by 'Muscogee County department of public health,' through a governing body known as 'county hoard of health,' whose jurisdiction shall extend throughout Muscogee County including the City of Columbus and other incorporated areas lying within said county."
And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words,
"Against ratification of amendment to paragraph VI of section I of article XI of the Constitution of the State of Georgia, 1945, authorizing the health of Muscogee County and the City of Columbus to be regulated by 'Muscogee County department of public health,' through a governing body known as 'county board of health,' whose jurisdiction shall extend throughout Muscogee County including the City of Columbus and other incorporated areas lying within said county."
If said qualified voters in the State of Georgia as a whole, and in the City of Columbus and the County of Muscogee, ratify such amendment by a majority of the voters qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of the State of Georgia. 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 promulgation thereof.
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 ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Addleton Arnall

Bagby Barrett Bennett Black Bloodworth

Bradley Briscoe Britton Brooke Bruton

Byrd Caldwell Callier Campbell Caswell Cates Causey Chance Cheek Cheshire Cochran Covington Cowart Crow of Walker Crowe of Worth Davis Dobbs Dorsey Durden Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Flynt Fowler Garland Garrard Garrett Garrison Gary Gibbons Glisson Goldberg Gowen Green of Rabun Greene of Crisp Greer Hagan Hall Hampton Hardin of Glascock Hardin of Turner Hardy Harrison of Jeff Davis Harrison of Jenkins

:\lONDAY, MARCH 17, 1947
Harrison of Wayne Henderson Hicks Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan Kendrick Kenimer Kenyon Key Knight Lewis of Greene Lewis of Hancock Lockett Long McMillan McWhorter Mallard t>Jalone Mann of Henry Mann of Rockdale Manous Mason Massey Mathews Mathis Meeks Mitchell Miller Moore of Lumpkin Moore of Taliaferro Morgan Morris Morrison Moye of Lamar

817
Moye of Washington Murphy Nee! Nicholson Nightingale Overby Phillips Pulliam Ramey Ramsay Ray Reid Risner Rucker Sabados Seagraves Shields Sills Skinner Smith of .Bryan Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill Twitty Tuten Tuttle Vandiver Vickers Walker Watford Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson Witherington Yawn

818

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Anglin Ansley Avera Bargeron Battle Beddingfield Bostwick Chalker Clark Claxton Conger Coogle Cox Dykes Eve Freeman

Gibson Groover Hefner Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kemper Kidd King Knabb Leverette Littlejohn Lokey Lovett McCracken

~.Iavity
Oden Padgett Pearlman Pennington Rainey Riddles purger Rich Rowland Salter Stevens Trulock Wells of Clarke Wells of Lincoln Willingham

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 157, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 57-283a. By Messrs. Cochran and Nee! of Thomas:

A resolution proposing to the qualified voters of the State of Georgia, for ratifi-

cation or rejection, an amendment to paragraph I of section I of article V of

the Constitution of the State of Georgia relating to the Governor's term of office;

salary, etc., by providing that no person who has ever served as Governor, or who

will in the future serve as Governor, will be eligible to serve for but one term of

four years; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section l. Upon approval of this resolution in the manner hereinafter provided that paragraph I of section I of article V of the Constitution of the State of Georgia, which reads as follows:
"Paragraph l. 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. 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. He shall have a salary of ten 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 vote 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

MONDAY. MARCH 17, 1947

819

receive, within that time, any other emolument from the United States, or either of them, or from any foreign power. The State officers, required by this consti tution 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."

be and the same is hereby amended by striking paragraph I of section I of article V as above set out, in its entirety, and that in lieu thereof a new paragraph be substituted to be known as paragraph I of section I of article V and which will read as follows:

"Paragraph 1. 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. No person who has held the office of Governor for a four year term shall ever be eligible to hold the office of Governor for any other term. The salary of the Governor shall be twelve thousand dollars per annum until otherwise provided by a law passed by a majority vote 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 foreign 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."
Section 2. When said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon entered on their respective journals, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted, the results shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the constitution and laws relating to constitutional amendments.

::\Ir. Harrison of Wayne moved the previous question, and the call was sustained.

The following amendment was read and adopted:

::\fr. Gowen of Glynn moves to amend HR 57-283a:
By striking from the proposed paragraph 1 of section 1 of article V tht> words in the fourth line "for a four year term".
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.

On the adoption of the resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Arnall Barrett Bloodworth Briscoe Byrd

Campbell Caswell Cates Cheshire Clark

Cochran Dobbs Edenfield Flynt Garrett

8:2(:
Gowen Hagan Hall Hardin of Turner Harrison of Wayne Joel Johnson of Bulloch Jordan Kenyon Lewis of Greene Long Malone

JOUR~AL OF THE HOUSE,
Mann of Henry Mitchell Morris Morrison Moye of Washington Murphy Neel Nightingale Overby Phillips Pulliam Ray

Risner Smith of Emanuel Towill Twitty Vandiver Welsch Whaley Williams of Jones Williams of Toombs Yawn

Those voting in the negative were Messrs,:

Adams of Polk Adams of Towns Addleton Anglin Bennett Black Bradley Britton Brooke Bruton Caldwell Callier Causey Chance Cheek Cowart Cox Crow of Walker Crowe of Worth Davis Dorsey Durden Dykes Ellis Etheridge of Baker Etheridge of Fulton Evans Evitt Fowler Garland Garrard Garrison

Gary Gibbons Gibson Glisson Goldberg Green of Rabun Greene of Crisp Greer Hampton Hardy Harrison of Jeff Davis Harrison of Jenkins 1Ienderson Higgs Hill Hinson Hobby Holbrook Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Johnston of Lowndes Jones Kendrick Kenimer Key King -Lewis of Hancock

Lockett Lovett McMillan McWhorter Mallard Mann of Rockdale Manous Mason Massey Mathews Mathis Mavity Moore of Lumpkin Moore of Taliaferro Morgan Nicholson Oden Ramey Reid Rich Rowland Rucker Sabados Seagraves Shields Sills Skinner Smith of Bryan Smith of Carroll Smith of Clayton Smith of Fulton Smith of Oglethorpe

MONDAY. MARCH 17, 1947

821

Swindle Thompson Tuten Tuttle Vickers

Walker Watford Wells of Lincoln Williams of Mcintosh Williams of Ware

Willoughby Wilson Witherington

Those not voting were Messrs.:

Adams of Wheeler Ansley Avera Bagby Bargeron Battle Beddingfield Bostwick Chalker Claxton Conger Coogle Covington Elliott Eve Freeman

Groover Hardin of Glascock Hefner Hicks Howard of Dawson Jennings of Baldwin Jennings of Sumter Kemper Kidd Knabb Knight Leverette Littlejohn Lokey McCracken Meeks

Miller Moye of Lamar Padgett Pearlman Pennington Rainey Ramsay Riddlespurger Salter Smith of Chatham Stevens Trulock .Wells of Clarke Willingham

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

On the adoption of the resolution, as amended, the ayes were 49, nays 109.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

The following resolution was read and adopted:
HR 113. By Messrs. Smith of Bryan, Watford of Long, Clarke of Liberty, and others: A resolution for the appointment of five members of the House of Representatives to attend the hearings in Washington, D. C., on the disposal of the land .now included in Camp Stewart; and for other purposes.
/
Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
HB 349. By Messrs. Harrison of Wayne, Groover of Troup, Littlejohn of Floyd, and others: A bill to be entitled an act to regulate the practice of embalming and funeral directing in the State of Georgia; and for other purposes.
Mr. Twitty of Mitchell moved the previous question, and the call was sustained. Under the provisions of HR 45, the speaker announced the House recessed until 2:00 o'clock P. M. this afternoon.

822

JOURNAL OF THE HOUSE,

The speaker called the House to order. Further consideration of HB 349 was resumed.

2:00 o'clock P. M.

The following amendments were read and adopted:
The Committee on Hygiene and Sanitation moves to amend HB 349 as follows:
By striking the words, "have been for at least one year previous thereto," in lines 4 and 5 on page 8 of section 13 and substituting in lieu thereof the words, "he actively".

Further by striking section 16 in its entirety and substituting in lieu thereof the following:
Section 16. "Each owner or operator of a funeral directing establishment in this State shall be a licensed funeral director, or employ the service of a licensed funeral director; and if the owner or operator is not also a licensed embalmer, he shall employ the full or part-time service of a licensed embalmer."
Further by striking from lines 18, 19, 20, 2L 22, 23, and 24 of section 19 the following:
"or who represents or who allows any agent of any insurance company to represent that such embalmer or funeral director will furnish to any person insured by any particular insurance company for the face value of an insurance policy issued by such company, a funeral or services of a greater value than the actual amount payable upon the maturing of such insuran"" policy hy the death of tht> person insured,"
and inserting in lieu thereof the following:
"Or who contracts or agrees to furnish or who furnishes a funeral or servic~,; of a greater value than the cash amount charged therefor, or represents of participates in or permits a representation by others that such embalmer or funeral director will furnish to or on account of any person insured by any insurance company, for or in consideration of the proceeds or face value of any insurance policy, a funeral or services of a greater value than the amount actually payable in cash upon the maturity of such insurance policy by the death of the person insured thereunder."

Mr. Harrison of Wayne moves to amend HB 349:
By the deleting of words "Have satisfactorily completed a m1mmum of two scholastic years of college work in a college or university." in section 7-1 0-B) and insert in lieu of the following "Shall have received the prescribed credit to graduate from an accredited high schooL"
Further by deleting the word "twelve" in section 7-(D) and inserting in lieu of "twenty-four". And deleting in section 7-ID) the word "twenty-five" and inserting in lieu of "fifty".

MONDAY, MARCH 17, 1947

823

Further bv deleting in section 7-2(B) the following: "two scholastic years in a college o; university" and inserting in lieu thereof: "shall have received the prescribed credits to graduate from an accredited high school."

Mr. Smith of Bryan moves to amend HB 349:

,

By adding to section 26: "No provision of this act shall be retroactive."

Mr. Harrison of Wayne moves to amend HB 349:
By deleting the words "bona fide" in lines 1 and 2 of section 7-l(a) and inserting in lieu thereof the word "legal";
Further by deleting the words "for at least three years" in line 2 of section 7-1 (a);
Further by deleting the words "bona fide" in line 1 of section 7-2 (a) and .inserting in lieu thereof the word "legal";
Further by deleting the words "for three years" in line 2 of section 7-2 (a).
Further by deleting the words "shall have been" in line 9 of section 13 and inserting the word "is".
Further by deleting the words "for at least five years" in line 9 of section 13.
An amendment offered by Mr. Wilson of Bibb was lost.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 109, nays 2.
The bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the bill was ordered transmitted immediately to the Senate.

HB 505. By Mr. Cheek of Franklin:
A bill to be entitled an act to amend an act to revise and amend the laws of Georgia in respect to divorces; and for other purposes.
The report 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, nays 7.
The bill, having received the requisite constitutional majority, was passed.

824

JOURNAL OF THE HOUSE,

HB 385. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to establish a branch of the Georgia trammg school for boys to be named the North Georgia branch of the Georgia State Training School for Boys; and for other purposes.
By unanimous consent, further consideration of HB 38'5 was postponed.

HB 458. By Messrs. Cates of Burke and Thompson of Meriwether:
A bill to be entitled an act to provide for payment by the State highway department of Georgia for rights of way to counties when rights of way are not used for high way purposes within three years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requioite constitutional majority, was passed.

HB 459. By Messrs. Cates of Burke and Thompson of Meriwether:
A bill to be entitled an act to grant to the various counties of the State and the State highway department the right and authority to make surveys for road pur poses across the lands of property owners for the purpose of locating contemplated 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 112, nays I.
The bill, having received the requisite constitutional majority, was passed.

HB 517. By Mr. Green of Rabun:
A bill to be entitled an act to prescribe the method by which incorporated Cities or towns of this State that are not functioning, may surrender their charter; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were ll2, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 281. By Mr. Welsch of Cobb:
A bill to be entitled an act to repeal an act pertaining to registration of divorces; and for other purposes.

MONDAY, MARCH 17, 1947

825

The following committee amendment was read and adopted:

Amendment to HB 281:
The Committee on General Judiciary No. 2 moves to amend HB 281:
By inserting new sections therein to be properly numbered repealing in entirety sections 34 and 35 of the act No. 311, Georgia Laws, 1945, pages 236-248, pertaining to the registration of marriages and marriages registration fee. Said sections to read as follows:
"That section 34 of act No. 311 of the 1945 Georgia Laws (Acts 1945, page 236-248) , pertaining to 'registration of marriages,' be and the same is hereby repealed.
That section 35 of act No. 311 of the 1945 Georgia Laws (Acts 1945, pages 236-248), pertammg to 'marriages registration fee,' be and the same is hereby repealed."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 115, nays l.
The bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the hill was ordered immediately transmitted to the Senate.

HB 197. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to amend an act to establish a retirement system for aged and incapacitated teachers; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
HB 250. By Messrs. Kenimer of Harris, Cheshire and Riddlespurger of Colquitt, Garland of Butts, King of Chattahoochee, and others: A bill to be entitled an act to amend an act to establish a retirement system for aged and incapacitated teachers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

826

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 109, nays 6.

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

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

HB 454. By ~Iessrs. Willoughby of Clinch, Johnston of Lowndes, Swindle of Berrien, and others: A bill to be entitled an act to amend an act to prevent the introduction and dis semination within the State of Georgia of contagious diseases of honey bees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill. the ayes were 105, nays 0.
The bill, having received the requisite con.stitutional majority, was passed.

HB 254. By Messrs. Mason of ~Iorgan and Williams of Jones: A bill to be entitled an act authorizing the Governor to fix the compensation of the director of entomology; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were lll, nays 4.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.
Mr. Sabados of Dougherty requested that the journal show that he voted against HB 254.

HB 408. By Messrs. Hill and Thompson of Meriwether and Willingham of Cobb:
A bill to be entitled an act to levy a privilege tax upon the recording of certain documents; and for other purposes.
.-\n amendment offered by :Mr. Willingham of Cobb was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended.
On the passage of the bill, as amended, Mr. Smith of Emanuel moved the ayes and nays, and the call was sustained.

MONDAY, MARCH 17, 1947

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

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Bargeron Bennett Bruton Caldwell Callier Campbell Caswell Causey Covington Cowart Crow of Walker Dorsey Durden Ellis Etheridge of Fulton Evans Fowler Garland Garrett Garrison Gary Goldberg Green of Rabun Hardin of Turner Hardy Harrison of Wayne

Hill Holbrook Holleman Howard of DeKalb Hubert Ingle Jenkins Jennings of Sumter Johnson of Bulloch Johnston of Lowndes Jones Kendrick Kenyon Lewis of Greene Lewis of Hancock Lockett Lovett McWhorter Mason Mathis Mitchell Morris Moye of Washington Nee! Nicholson Nightingale Overby Pulliam

Those voting in the negative were Messrs.:

Addleton Bagby Barrett Black Bloodworth Britton Byrd

Cates Cox Crowe of Worth Davis Dykes Edenfield Elliott

827
Rainey Ramsay Ray Reid Rowland Seagraves Sills Skinner Smith of Carroll Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Swindle Thompson Towill Tuten Vickers Wells of Clarke Wells of Lincoln Welsch Williams of Jones Williams of Ware Willingham Willoughby Wilson Witherington Yawn
Etheridge of Baker Flynt Garrard Gibson Greene of Crisp Hall Harrison of Jenkins

828

JOURNAL OF THE HOUSE,

Henderson Hicks Hobby Howard of Dawson Hurt Jennings of Baldwin )ordan Knight

:Mauous Mathev.s
~tiller
:Moore of Lumpkin Moore of Taliaferro
~forgan
:Morrison :Murphy

Ramey Rich Rucker Sabados Trulock Williams of Mcintosh

Those not voting were Messrs.:

Adams of Wheeler

Gowen

Anglin

Greer

Ansley

Groover

Arnall

Hagan

Avera

Hampton

Battle

Hardin of Glascock

Beddingfield

Harrison of Jeff Davis

Bostwick

Hefner

Bradley

Higgs

Briscoe

Hinson

Brooke Chalker Chance

Huddleston Joel Kemper

Cheek Cheshire Oark Claxton Cochran Conger Coogle

Kenimer Key Kidd King Knabb Leverette Littlejohn

Dobbs

Lokey

Eve Evitt Freeman Gibbons Glisson

Long
~lcCracken ~Ic.\lillan
:\lallard :\Ialone

~lann of Henry Mann of Rockdale
~Iassey
Mavity :Meeks Moye of Lamar Oden Padgett Pearlman Pennington Phillips Riddlespurger Risner Salter Shields Smith of Bryan Smith of Oglethorpe Stevens Twitty Tuttle Vandiver Walker Watford Whaley Williams of Toombs

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

On the passage of the bill, as ~mended, the ayes were 84, nays 43.

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

MONDAY, MARCH 17, 1947

829

Mr. Smith. of Emanuel gave notice that at the proper time a motion would he made that the House reconsider its action in failing to pass HB 408.

The following .conference committee report was read and adopted unanimously by the House:

~Ir. Speaker:

The Committee on Conference appointed by the president of the Senate and the speaker of the House on House Bill No. 16 beg leave to report that they have been unable to agree on the amendment adopted by the Senate; and respectfully request that another conference committee he appointed.
Mason of 30th Dist., Chairman

Mathis

Garrard

The following report was. filed:

Richardson

1Ir. Speaker:
Your committee on State Prison Farm, Reidsville, Georgia, visited the farm February 21, along with a sub-committee from the Senate. Accompanied by the warden, farm supervisor and his assistant, we covered the entire farm. We found the conditions as a whole very much improved since a visit by several of our members two years ago. The fences were in excellent condition and all foliage was cleaned from along them. Apparently the oat crop had been planted at the proper time and was in nice condition. Permanent pastures which have been developing_ for the past two or three years are now in good shape.
The day of our visit there were approximately 150 men at work clearing new grounds, the wood was being saved for fuel and the entire stumps of trees were being removed so that the la'nd could he cultivated. We found approximately 70 acres of wheat and 90 acres of harley, some 300 acres of lupin, all of which were in excellent condition. Although we did not see the potatoes, we understand that they still have enough of last year's harvest to last the prison until June, 1947.

We were informed that there are approximately 2,800 laying hens and about 750 fryers and baby chicks; also they anticipate receiving more baby chicks at an early date.
We were told that they have approximately 1,150 hogs and about 300 head of beef cattle which appeared to he in good condition. We were informed that the farm supplied about 60% of the beef used for food at the prison last year.
The farm now has a herd of approximately 125 registered Jersey dairy cows, 52 of them are now being milched; also have approximately 50 other cows that are not in the registered herd and they are now supplying sufficient mil~ for the prison's needs.
We found two or three live stock barns mostly where the'" mules are kept that are badly in need of repairs. Your committee recommends that as soon as possible and practical, the State to sell a large portion of the 89 mules, 33 horses and 3 mule colts and replace them with the required amount of farm tractor equipment. A farm the size of the one we are operating at Reidsville should use all the machinery possible.

They should also continue to make every effort to see that the farm supplies all the beef and pork that is needed at the prison. In addition to this, the State should make the necessary arrangements to provide sufficient freezers to preserve and keep the meat and vegetables that are grown on the farm.

830

JOURNAL OF THE HOUSE,

We further recommend that if the labor now being used to clear new ground could be used to some other advantage. that the State either purchase or rent bulldozers to do this clearing.
R. L. Watford, Chairman.
Robert L. Harrison, Secretary.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third, time:
HB 122. By Mr. Addleton of Spalding:
A bill to be entitled an act to provide that all hotels be equipped with certain protections and .safeguards against fire; and for other purposes.
A substitute offered by Mr. Addleton of Spalding was read.
Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, and HB 122 went over under the order of unfinished business.

TUESDAY, MARCH 18, 1947

831

Representative Hall, Atlanta, Georgia. Tuesday, ~larch 18, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain.
By unanimous consent, the call of the roll was dispen5ed with.
Mr. Nicholson of Oconee, 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 di5pensed with.
The jDurnal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
l. Introduction of bills and resolutions under the rules of the House. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions, favorably reported. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and passage of general bills with local application. 7. First reading and reference of Senate bills and resolutions.

The following mes5age was rece:ved from the 5'enate through ~Irs. Nevin, the secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of
the House, to wit:
HB 268. By Messrs. Smith and Edenfield of Emanuel, Sills of Candler, and others: A bill to be entitled an act to amend an act approved March 9, 1945, providing for a salary of $200.00 per month for the official court reporter of the Middle judicial circuit; and for other purposes.

HB 310. By Messrs. Hubert, Howard and MeWhorter of DeKalb:
A bill to be entitled an act to amend an act approved August 20, 1913, Acts 1913, page 145, creating the municipal court of Atlanta; and for other purposes.

832

JOURNAL OF THE HOUSE,

HB 319. By Mr. Tuten of Appling:
A bill to be entitled an act to amend an act creating a new charter for the City of Baxley so as to provide that the mayor of the City of Baxley shall serve for a term of 2 years; and for other purposes.

I
HB 338. By Mr. Watford of Long:
A bill to be entitled an act to amend an act creating the board of commissioners of nlads and revenues of Long county, Georgia; and for other purposes.

HB344. By Mr. Meeks of Union:
A bill to be entitled an act to abolish the office of tax collector and tax receiver in Union county, Georgia; to create the office of tax director; and for other purposes.

HB 353. By Messrs. Etheridge. Kendrick and Smith of Fulton:
A bill to be entitled an act to amend the act of 1939 as amended pertaining to pensions for members of police and fire departments in counties of 200,000 or over; and for other purposes.
\
HB 396. By Messrs. Elliott. Holleman and Shields of Muscogee:
A bill to be entitled an act to grant to the City of Columbus, Georgia, the power or authority to create. establish and maintain a bus terminal; and for other purposes.

HB 433. By Messrs. Adams and Hurt of Polk:
A bill to be entitled an act to amend an act of the General Assembly of Georgia approved Nov. 18. 1901. entitled an act to establish the city. court of Polk county: and for other purposes.

HB 438. By Messrs. Wilson, Kernper and Vandiver of Bibb:
A bill to be entitled an act to amend an act approved Aug. 3. 1927, entitled an act to re-enact the charter of the City of Macon; and for other purposes.

HB 445. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to amend the charter of the City of Stone Mountain; and for other purposes.

TUESDAY, MARCH 18, 1947

833

The Senate has passed by the requisite constitutional majority the following bills and re5olutions of the House and Senate, to wit:

HB 444. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to amend the charter of the Town of Doraville in the County of DeKalb; and for other 'purposes.

HB 449. By Messrs. Hobby and Crowe of Worth and Hardin of Turner:
A bill to be entitled an act to prohibit the hunting or killing of wild deer or wild turkey in the Counties of Turner and Worth in the State of Georgia, for a period . of five years; and for other purposes.

HB 465. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act amending an act approved March 24, 1937, entitled an act to amend the charter of the City of Columbus; and for other purposes.
SB 126. By Senator Dean of the 34th: A bill to be entitled an act entitled 'Rockdale Commissioner's Office Created" app. Feb. 18, 1941 (Ga. Laws 1941, pp. 952-958), the same relating to the com missioner's office of Rockdale county; and for other purposes.
SB 127. By Senator Dean of the 34th: A bill to be entitled an act entitled "Rockdale Tax Commissioner Created" app. Feb. 26, 1943 (Ga. Laws 1943, pp. 1106-1109) the same relating to the tax com missioner of Rockdale county; and for other purposes.

HR 108. By Mr. Hinson of Ware:
To commend the Georgia delegation in the national Congress for the active support they gave in securing the passage of the George-Barden act; and for other purposes.

SR 29. By Senator Woodall of the 25th:
A resolution to commend the Georgia delegation in Congress for their active support in securing passage of the George-Barden act; and for other purposes.

By unanimous consent, the following bills of the House were introduced, read the first time, and referred to the committees:
HB 545. By Mr. Neel of Thomas: A bill to be entitled an act to amend an act to establish a retirement system for aged and incapacitated teachers in the State public schools; and for other purposes.
Referred to Committee on Education No. 1.

834

JOURNAL OF THE HOUSE,

HB 546. By Messrs. Cochran and Neel of Thomas: A bill to be entitled an act to amend the charter of the Town of Pavo; and for other purposes.
Referred to Committee on Municipal Government.

HB547. By Messrs. Pearlman and Jennings of Sumter and Battle of Schley:
A bill to be entitled an act to authorize the veterans administration to pay a pension of $500.00 per annum to each veteran of world war II who may be totally blind for and during the lifetime of said veteran; and for other purposes.
Referred to Committee on Veterans Affairs.

HB 548. By Messrs. Lewis of Hancock, Jones of Brantley, Jennings of Sumter, Williams of Jones, Knabb of Charlton and King of Chattahoochee:
A bill to be entitled an act to amend an act to change the salary of the highway director to $7,500.00 per annum and to change the salary of the treasurer from $5,800.00 to $6,000.00 per annum; and for other purposes.
Referred to Committee on State of Republic.

Mr. Littlejohn of Floyd County, chairman of the Committee on Alto and Battey State Hospital, submitted the following report:

Mr. Speaker:

Your Committee on Alto and Battey State Hospital has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 511. Do Pass.

Respectfully submitted,
Littlejohn of Floyd. Chairman

1\Ir. ~abados of Dougherty County, chairman of the Committee on Amendments to the Constitution No. 2. submitted the following report:

Mr. Speaker:
Your Committee on Amendments to Constitution No. 2 has had mfder .consideration the following resolutions of the House and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

HR 58-283B. Do Pass. HR ll-12B. Do Pass. HR 80-384C. Do Not Pass.

Respectfully submitted,

Sahados of Dougherty, Chairman

TUESDAY, MARCH 18, 1947

835

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Yom Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 541. Do Pass.

HB 542. Do Pass.

HB 538. Do Pass.
' SB 94. Do Pass.
SB no. Do Pass.

SB 111. Do Pass.

SB 120. Do Pass.

Respectfully submitted,

Ramey of Chattooga, Chairman

Mr. Kenimer of Harris County, chairman of the Committee on Education No. 1, submitted the following report:

Mr. Speaker:
Your Committee on Education No. 1 has had under consideration the following hills of the Senate and has instructed me, as chairman, to report the same hack to the House with the following recommendations:

SB 109. Do Pass.

SB 113. Do Pass.

Respectfully submitted,

Kenimer of Harris, Chairman

Mr. Claxton of Camden, chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined and found properly engrossed, the fol-
lowing hills and resolutions of the House, to wit:
HB 165.
HB 238. HB 269.

836
I~B .363. HB 369. HB 370. HB 373. HB 391. I-IB 416. HB 421. HB 429. HB 447. HB 451. HB 476. HB 477. HB 478. HB 481. HB 486. HB 491. HB 492. HB 493. HB 494. HR 108. HR 109. HB 495. HB 500. HB 504. HB 508. HB 509. HB 510. HB 512. HB 513. HB 514. HB 516.

JOURNAL OF THE HOUSE,
Respectfully submitted. Claxton of Camden, Chairman

TUESDAY, MARCH 18, 1947

837

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 has had under consideration the following hill of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 536. Do Pass.

Respectfully submitted,

Hicks of Floyd, Chairman

Mr. Wells of Clarke County, vice-chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as vice-chairman, to report the same hack to the House with the following recommendations:

SB ll9. Do Pass. SB 77. Do Pass. SB 118. Do Pass. SB ll5. Do Pass. SB 123. Do Pass. HB 409. Do Pass. HB 471. Do Pass. HB 473. Do Pass. HB 496. Do Pass. HB 497. Do Pass. HB 498. Do Pass. HB 499. Do Pass. HB 528. Do Pass. HB 529. Do Pass. HB 530. Do Pass. HB 531. Do Pass. HB 535. Do Pass. HB 502. Do Pass.

Respectfully submitted,
Wells of Clarke, Vice-Chairman

838

JOURNAL OF THE HOUSE,

Mr. Bargeron of Burke l.ounty, chairman of the Committee on Veterans Affairs, submitted the following report~

Mr. Speaker:
Your Committee on Vetera"'" Affairs has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 87. Do Pass.

Respectfully submitted,

Bargeron of Burke, Chairman

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second ti,....,: '
SB 77. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act relating to pensions for members of the police department in cities haviny. "' population of 150,000; and for other purposes.

SB 87. By Senator Callaway of the 35th:
A bill to be entitled an act to prohibit clerks of courts from charging veterans of certain wars a fee for recording their discharge c--tificates; and for other purposes.

SB 94. By Senator Millican of the 52nd:
A bill to be entitled an. act to provide that in all c~nties having a population of 200,000 or more the board of commissioners of roads and revenues shall have power to lease, rent or otherwise dispose of open air shelJ... auditoriums, or theatrical facilities; and for other purposes.

SB 109. By Senators Wideman of the 46th and Woodall of the 25tr
A bill to be, entitled an act to amend an act relating to the po...ers and duties of county boards of education; and for other purposes.

SB llO. By Senator MUlican of the 52nd:
A bill to be entitled an act to amend an act to create a civil service J>.>ard ''"' cities of 200,000 or more; and for other purposes.

SB Ill. By Senator Millican of the 52nd:
A bill to be entitled an act to provide that cities of 250,000 populatio11 sh"ll be enlarged by the extension of their corporate limits; and for other purposP"

TUESDAY, MARCH 18, 1947

839

SB 113. By Senator Mason of the 30th:
A bill to be entitled an act to amend an act relating to powers of county boards as school courts; and for other purposes.

SB 115. 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 ot.her purposes.
SB 118. By Senato~ Seay of the 22nd: A bill to be entitled an act to amend an act conferring additional powers upon the corporate authorities of the Town of Barnesville; and for other purposes.

SB 119. By Senator Trippe of the 38th:
A bill to be entitled an act to amend the charter of the City of Cedartown; and for other purposes.

SB 120. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act to provide cities with 150,000 or more pension for fire departments members; and for other purposes.

SB 123. 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.

HB 409. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of A!lanta; and for the particular purposes of changing by law the basic work week for city firemen; and for other purposes.

HB 471. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act creating the civil court of Fulton county by setting the salary of the chief judge of said court; and for other purposes.

HB 473. By Messrs. Etheridge, Kendrick and Smi~ of Fulton:
A bill to be entitled an act to amend an act to create a new charter for the City of East Point, so as to annex all of land lots 167 and 186 and part of land lot 154; and for other purposes.

8-!0

JOURNAL OF THE HOUSE.

HB 496. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton:
A bill to be entitled an act to incorporate the City of Hapeville; to extend the city limits; and for other purposes.

HB 497. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton:
A bill to be entitled an act to amend the charter of the City of College Park, by providing for the annexation of territory in FuJton and Clayton counties; and for other purposes.

HB 498. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend the' charter of College Park; and for other purposes.

HB 499. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend the charter of Colleg~ Park; and for other purposes.

HB 502. By Mr. Bennett of Barrow:
:\ bill to he entitled an act to create a new charter for the Town of Auburn; and for other purposes.

HB 511. By Messrs. Garrison of Habersham, Dorsey of White, Kenyon of Hall, Rucker of Banks, Green of Rabun and Ramsay of Stephens:
A bill to be entitled an act to prohibit the sale of merchandise, groceries or other products at the State institution at Alto; and for other purposes.

HB 528. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to be entitled an act to" amend an act to create a new charter for the City of East Point; and for other purposes.

HB 529. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act creating a new charter for the City of East Point.

HB 530. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act creating a new charter for the City of East Point; and for other purposes.

TUESDAY, MARCH 18, 1947

841

HB 531. By Messrs. Etheridge, Kendrick and Smith of Fulton:

A bill to be entitled an act to amend the charter of College Park; and for other purposes.

HB 535. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to amend an act incorporating the City of Manchester (now the City of College Park) ; and for other purposes.

HB 536. By Mr. Bagby of Paulding:
A bill to be entitled an act to amend an act setting out penal provisions of the insurance laws of Georgia; and for other purpos~s.

HB538. By Mr. Stevens of Marion:
A bill to be entitled an act to authorize and direct the governing authorities of the County of Marion in charge of the finances thereof to pay to the sheriff of said county the sum of $50.00 per month in addition to the fees; and for other purposes.

HB 541. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to create in every county in this State having a popula tion of 300,000 or more inhabitants, an airport authority for said county; and for other purposes.

HB 542. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to provide that in every county in this State having a population of 300,000 or more inhabitants, the board of commissioners of roads and revenues or other county authority having charge of the roads and revenues may rent and lease concession privileges in the jails, court houses and other public buildings belonging to the county; and for other purposes.

HR 11-128. By Messrs. Jennings and Pearlman of Sumter, Lovett of Laurens, Williams of Jones and Black of Webster:
A resolution proposing to the qualified voters of the State of Georgia an amend ment to further defend and protect the civil rights of. the citizens and inhabitants of the State of Georgia; and for other purposes.

HR 58-2838. By Mr. Garrison of Habersham:
A resolution proposing to the qualified voters an amendment relating to sessions of the General Assembly so as to provide for annual sessions of fifty days; and for other purposes.

842

JOURNAL OF THE HOUSE,

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their pas$age:

HB 472. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend the Code of Georgia relating to councilmen and aldermen being able to hold other offices; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 91. By Senator Dean of the 34th:
A bill to be entitled an act to amend an act creating the office of commissioner of roads and revenues for the County of Rockdale; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 456. By :\'lessrs. Evans, Skinner and Smith of Chatham:
A bill to be entitled an act to repeal all of the several laws relating to the city court of Savannah, and to abolish said court; and for other purposes.

The following committee amendment was adopted:
The Committee of the House on General Judiciary No. 1 amends HB 456 as follows:
First: By inserting following section II, new sections to be designated and to read as follows:
"Section III. Be it further enacted by the authority aforesaid, that mesne and final process from the city court of Savannah shall be returned to the superior court of Chatham county; and all claims, illegalities, and other issues arising from the execution of such process shall be returned to said superior court as other cases therein.
"Section IV. Be it further enacted by the authority aforesaid, that any and all costs which have accrued to the County of Chatham and which would be due under existing laws .to be. paid into the treasury of Chatham county, in any case pending in the said city court of Savannah at the time this act goes into effect, and transferred to the superior court of Chatham county, shall be paid into the treasury of Chatham county as now required by law.

TUESDAY, MARCH ].8, 1947

843

"Section V. Be it further enacted by the authority aforesaia, that all mesne and final process from the city court of Savannah shall be executed by the sheriff of Chatham county or his lawful deputies.

"Section VI. Be it further enacted by the authority aforesaid, that all dockets, minutes, records, and papers of the city court of Savannah shall be turned over to the clerk of the superior court of Chatham county."

Second: By renumi)ering section III as section VII.

Third: By inserting following said section VII, as renumbered, a new section to be designated section VIII and to read as follows:
"Section VIII. Upon the passage and approval of this act the county com missioners of Chatham county and ex-officio judges thereof shall, at the expense of Chatham county, provide for the holding of an election or referendum on this act, said election or referendum to be held on Wednesday, June 18, 1947. Said election shall be held in the same manner and under the same laws as now provided for the elections of county officers for said county, including sections 34-1914 and 34-1915 of the Georgia Code of 1933 as amended, except as herein otherwise provided. All persons qualified to vote for members of the General Assembly in the general election of November 5, 1946, according to the official list of voters of said county for said election, shall be qualified and entitled to vote in the election or referendum herein provided for. The county commissioners and ex-officio judges of Chatham county shall prepare and cause to be published in the Savannah Evening Press, ~ newspaper of general circulation in said county, a notice of said election or referendum as required by law for the holding of special elections. Said com missioners and ex-officio judges shall prepare the official ballots to be used in said election and said ballots shall have printed thereon the words "For approval of act abolishing city court of Savannah" and "Against act abolishine; city court of Savannah". Should a majority of the qualified voters at said election vote for the approval of this act, said city court of Savannah shall be abolished in accordance with the provisions of this act. Should a majority of the qualified voters at said election vote against this act, this act shall become null and void and of no force and effect.
Fourth: By renumbering sections IV, V, and VI, as sections IX, X, and XI, respectively.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 452. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to be entitled an act to amend an act creating the municipal court of Savan nah; and for other purposes.

844

JOURNAL OF THE HOUSE,

The following committee amendments were read and adopted:

The Committee of the House on Genera! Judiciary No. 1 amends HB 452 as follows:

First: By inserting after the comma (,) and before the quotation marks (") in line 27 of section 2 and at the end of section 2 the following words:

"The solicitor general of the Eastern judicial circuit shall have the same duties

with respect to the criminal business of said municipal court as are imposed by

law on the date of approval of this act with respect to the criminal business of

the city court of Savannah".

Second: By striking section 17 in its entirety and inserting the following section, to be appropriately numbered, in lieu thereof:
"Section - . Be it further enacted by the authority aforesaid, that this act shall become effective January 1, 1948, provided the city court of Savannah shall not be in existence on that date. In the event said city court of Savannah shall continue to be in existence on and after said date, the provisions of this act shall be null and void and of no effect.

The Committee of the House on General Judiciary No. 1 amends HB 452 as follows:
By adding to the title of said bill the following words:
". . . so as to provide that the solicitor general of the Eastern 'judicial circuit of Georgia shall have and perform the same duties with respect to the criminal business of the said municipal court as are imposed on him by law on the date of approval of this act with respect to the criminal business of the city court of Savannah; and so as to authorize the chief judge of said court to provide for a court reporter in the trial of criminal cases in said court, "etc."
Said bill is further amended by adding a new section thereto to be appro priately numbered as follows:
"Section - . Be it further enacted that the chief judge of the said municipal court of Savannah shall provide for the employment of a court reporter to take the testimony in all criminal trials conducted in said court under the same rules as apply to the city court of Savannah at the time of the passage of this act, or that are now, or hereafter provided by law with respect to the trial of misdemeanor cases under the laws of Georgia; and the expense connected with the employment of such court reporter shall be paid by the same authorities and in the same manner as provided by law at the time of the passage of this act in the case of the court reporter for the city court of Savannah."

}lr. Williams of Toombs moves to amend HB 452:
By adding to the title of said bill the following language:
" .. to amend section 15 of an act relating to the salary of the chief judge of the municipal court of Savannah (Acts 1927, page 455, at page 462) by providing for an increase of the same" . . .

TUESDAY, MARCH 18, 1947

845

Moves a further amendment to said hill:

By adding a paragraph to section 16 of said hill, as amended herein designated as paragraph (a) as follows:

(a) By it further enacted that section 15 of the act of the General Assembly of Georgia relating to the said municipal court of Savannah (Acts 1927, page 455, at page 462) approved August 20, 1927, he and said section is hereby amended, revised, and altered so that said section 15 as so amended shall read as follows:

"Section 15. Effective January 1, 1948, the chief judge of the municipal court of Savannah shall receive a salary of seven thousand and two hundred ($7,200.00) dollars per annum, which shall he paid in monthly installments by the proper authorities, the county commi~sioners of Chatham county, who are hereby authorized and directed to pay the same as aforesaid out of the treasury of Chatham county."

The Committee of the House on General Judiciary No. 1 amends HB 452 as follows:
By adding to the title of said hill, after the word "court" in line 19 of the same, a semi-colon and the following language:
"To amend section 1 (16) of the act entitled an act to amend the several acts creating and relating to the municipal court of Savannah (Acts of 1933, page 357, at page 359), so as to provide for minimum salaries of the associate judges of said court".

Said hill is hereby further amended by adding thereto and inserting therein, immediately following section 15, a new section numbered 16, as follows:
Section 16. Be it further enacted by the authority aforesaid that section 1 (16) of the act of the General Assembly of Georgia approved March 9, 1933, entitled an act to amend the several acts creating and relating to the municipal court of Savannah (Acts of 1933, page 357, at page 359) he and the same is hereby amended so that the substitute section 16 of section 1 of said act will read as. follows:
"Section 16. That on and after the passage of this act, the county commis sioners of Chatham county and ex-officio judges thereof he and they are hereby empowered and directed to fix, regulate and pay out of the treasury of said county the salaries of the associate judges of the municipal court of Savannah; provided, however, that said salaries shall not he fixed at less than five thousand ($5,000.00) dollars per annum for each of the associat~ judges of said court."
Said hill is hereby further amended by renumbering sections 16, 17 and 18 of said original hill respectively as sections 17, 18 and 19.

The Committee of the House on General Judiciary No. 1 amends HB 452 as follows:

First: By striking the words "'two thousand ($2,000.00) dollars" wherever they appear in the caption or text of said hill and inserting in lieu thereof the words "six hundred ($600.00) dollars".

846

JOURNAL OF THE HOUSE,

Second: By adding the following words at the end of section 2-A:

"Section 3. By it further enacted by the authority aforesaid, that said act of 1915 and acts amendatory thereof he amended by striking from section 5 of said act of 1927 the language 'is not over three hundred dollars ($300.00)' and substituting in lieu thereof "does not exceed'.''

Third: By striking section 5 in its entirety and appropriately renumbering the succeeding sections.

Fourth: By striking section 6 in its entirety and inserting in lieu thereof the following section to be appropriately numbered:
"Section -. Be it further enacted by the authority aforesaid, that said act of 1915 and the acts amendatory thereof be amended by inserting between the words "trials" and "in" the first line of section 10 of said act of 1927 the words "in civil cases", so that said section when so amended shall read:
"Section 10. Be it further enacted, that all jury trials in civil cases in said municipal court shall be by a jury of six, and from said panel of twelve jurors drawn and summoned by the provisions of this act the presiding judge or judges of said municipal court shall cause to be made up two juries, and all cases and issues to he tried by jury at such term of said municipal court shall he tried by one of these juries, or by a jury stricken from both, plaintiff and defendant each being entitled to three peremptory challenge. In the event said panel should be reduced below twelve from any caus~, the presiding judge or judges of said court shall have the power to fill it out by causing talesmen to be summoned instanter. It shall also be in the power of the presiding judge or judges of said municipal court to cause to be drawn a panel of eighteen jurors, from which panel three juries shall be made up, if in his or their discretion the business of the court justifies such additional third jury."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the pass~ge of the bill, as amended, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 329. By Messrs. Etheridge, Kendrick 31nd Smith of Fulton:
A bill to be entitled an act providing for a pension system in cities of 150,000 population, and over; and for other purposes.
The report 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.

TUESDAY, MARCH 18, 1947

847

SB 92. By Senators Dorsey of the 32nd, Coker of the 39th, Kiker of the 41st, and Mitchell of the 40th:

A bill to be entitled an act to authorize the State of Georgia to transfer by deed to the .United States a tract of land in Union and Towns 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, nays 0.

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

By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
SB 126. By Senator Dean of the 34th:
A bill to be entitled an act to amend an act entitled "Rockdale Commissioner's Office Created"; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 127. By Senator Dean of the 34th:
A bill to be entjtled an act to amend an act entitled "Rockdale Tax Commissioner Created"; and for other purposes.
Referred to Committee on Counties and County Matters.

By unanimous consent. the following bill of the House was withdrawn from the Committee on State of Republic, read the second time, and recommitted:
HB 537. By ~lessrs. Lewis of Hancock, Salter of Upson, Nicholson of Oconee, and others: A bill to be entitled an act to fix and equalize the salaries of certain State officials; and for other purposes.
:Mr. Johnston of Lowndes arose to a question of personal privilege and addressed the House.
~Ir. Higgs of Atkinson arose to a question of personal privilege and addressed the House.
Mr. Johnson of Bulloch arose to a question of personal privilege and addressed the House.

848

JOURNAL OF THE HOUSE,

Mr. Willingham of Cobb moved that the House reconsider its action in failing to pass the following bill of the House:

HB 408. By Messrs. Hill and Thompson of .Meriwether and Willingham of Cobb: A bill to be entitled an act to levy a privilege tax upon the recording of certain documents; and for other purposes.
The motion to reconsider prevailed.

By unanimous consent, the following bills of the Senate were withdrawn from the Committee on Municipal Government, read the second time, and recommitted:
SB 121. By Senator Darby of the 15th: A bill to be entitled an act to create a new charter for the City of Vidalia; and for other purposes.
SB 122. By Senator Darby of the 15th: A bill to be entitled an act to amend an act to create a new charter for the City of Vidalia; and for other purposes.

Mr. Causey of Bacon moved that the following bill of the House be taken from the table:

HB 4.

By Mr. Causey of Bacon:
A bill to be entitled an act to amend the Code of Georgia in reference to the selection of jurors; and for other purposes.

On the motion to take from the table, Mr. Causey of Bacon moved the ayes and nays, and the call was not sustained.

By unanimous consent, the motion to take from the table was withdrawn.

Under the provisiOns of HR 32, the speaker appointed as a committee on the part of the House, the following members of the House:
Messrs. Sabados of Dougherty. Kidd of Baldwin. and Hagan of Screven.
Under the provisions of HR 113, the speaker appointed the following committee in reference to a trip to Washington to see about the sale of Camp Stewart, the following members:
Messrs. Smith of Bryan, Bradley of Tattmill, Glisson of Evans, Clark of Liberty, and Watford of Long.

TUESDAY, MARCH 18, 1947

849

The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 261. By Mr. Pulliam of Elbert:
A bill to be entitled an act to abolish the office of tax receiver and tax collector of Elbert county; and for other purposes.

The following Senate substitute to HB 261 was considered:
By the Senate. Substitute by Senator Mason of the 30th to HB 261:
A bill to be entitled an act to amend an act approved August 7, 1925 (Acts of 1925, page 640) , entitled an act to abolish the office of tax receiver and tax collector of Elbert county, Georgia; to create the office of tax commissioner; and for other purposes; by amending said acts to fix the compensation of said tax commissioner and tax commissioner's office.
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 th~ act approved August 7, 1925 (Acts of 1925, page 640), entitled "An act to abolish the office of tax receiver and tax collector of Elbert county, Georgia; to create the office of tax commissiener; to fix the term and compensation of said office; and for other purposes", be and the same is hereby amended by striking all of section 5 of said act which prescribes the compensation of the tax commissioner of Elbert county, Georgia, and inserting in lieu thereof a new section to be numbered section 5 and to read as follows:
"Section 5. Be it further enacted by the authority aforesaid that the compensation of the county tax commissioner of Elbert county, Georgia, shall be the sum of $4,500 per annum to be paid as nearly monthly as possible, and said compensation shall be in lieu of a~y and all other compensation, fees, emoluments pertaining or allowed to said tax commissioner."
SECTION II
Said tax comm1sswner shall have authority to employ clerical help and shall be allowed the sum of not more than $1,800 per year for this purpose.
SECTION III
This act shall become effective as of January 1, 1949.
SECTION IV
All laws and parts of laws in conflict with this act be, and the same are hereby repealed.
The Senate substitute to HB 261 was disagreed to.

The following report of the Committee on Rules was submitted and read:
.Mr. Speaker:
Your Committee on Rules, having had under consideration the fixing of a calendar for today's business, has established as an order of business beginning immediately after period of unanimous consents at today's session, the following bills and resolutions, to wit:

850

JOURNAL OF THE HOUSE,

1. HB 81. Shorthand reporters. 2. HB 66. Newspaper libel law. 3. HB 415. Income tax. 4. HB 141. Sunday movies. 5. HB 132. Voting machine bill. 6. HB 347. Aviation gasoline tax. 7. HB 326. Birth certificates. 8. HB 255. Report of insurance companies. 9. HB 298. Suspended sentences. 10. HB 435. Richmond county reformatory school. ll. HB 229. 2% allowance to filling stations. 12. HB 122. Fire protection and safeguards. 13. HB 20. Compensation of court reporteJ;J>. 14. HB 399. Certificate of necessity. 15. HB 437. Reciprocal agreements motor carriers. 16. HB 279. Health department retirement act. 17. HB 193. Veterans service. 18. HB 333. Special ap!Jropriations. 19. HB 418. Special appropriations. 20. HR 78-284A. State trooper compensation. 21. HB 385. Training school for boys. 22. HB 511. Accident insurance. 23. HB 455. Sale of poisonous insecticides. 24. HB 276. Highway department damages. 25. HB 249. Teaching of sex hygiene. 26. HR 41-186A. Milledgeville property. 27. HB 245. Admission to bar. 28. HB 327. Load limits on trucks. 29. HB 33. Peace officers. 30. HB 224. Weighing leaf tobacco.

TUESDAY, MARCH 18, 1947

851

31. HB 200. Fees of justices of peace.

32. HB 467. County welfare departments.

33. HB 307. Rosin inspectors.

34. HB 314. Amendment to general tax act.

35. HB 315. Collection of special taxes.

36. HB 522. State patrol.

37. HB 360. Regulation of corporate dividends.

38. HB 466. Liquidation of corporations.

39. HR 74-376. Committee to report on tax structure.

40. HR 39-181A. Special appropriation.

41. HR 40-1818. Special appropriation.

All general bills with local application will be called up for vote by the speaker in any order that he desires.

The Rules Committee authorizes the speaker to call up any bills herein set forth in any order that he desires.
Elliott of Muscogee, Vice-Chairman

:\h. Smith of Chatham arose to a question of pers011al privilege and addressed the House.
Mr. Evans of Chatham arose to a question of personal privilege and addressed the House.
Mr. Skinner of Chatham arose to a question of personal privilege and addressed the House.
Mr. Crowe of Worth arose to a question of personal privilege and addressed the House.
:\lr. Thompson of :\feriwether arose to a question of personal privilege and addressed the House.

The following amendment to the report of the Committee on Rules was submitted and read:
Messrs. Evans, Skinner and Smith of Chatham move to amend the report of the Rules Committee establishing the calendar for the day to include HB 376, a purely local bill affecting only Chatham county and the City of Savannah, and which provides for the extension of the corporate limits of the City of Savannah, and establishing HB 376 as the. first order of business on said calendar, for the purpose of disagreeing with the committee report which was unfavorable to the passage of said bill.
On the adoption of the amendment to the report of the Committee on Rules, Mr. Smith of Chatham moved the ayes and nays, and the call was sustained.

852

JOURNAL OF THE HOUSE,

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

Those Vj)ting in the affirmative were Messrs.:

Adams of Polk Addleton Arnall Bagby Battle Beddingfield Bloodworth Britton Brooke Eruton Campbell Caswell Causey Cheshire Claxton Coogle Covington Dobbs Dorsey Durden Dykes Etheridge of Fulton Evans Eve Evitt Fowler Freeman Gibbons Gibson Goldberg Gowen Green of Rabun

Greer Hagan Hampton Hardin of Turner Hardy Harrison of Jenkins Henderson Higgs Hinson Holbrook Holleman Howard of DeKalb Hubert Hurt Ingle Jenkins Johnston of Lowndes Jones Jordan Kemper Kendrick Kenyon Key Kidd Knabb Lewis of Greene McWhorter Mallard Malone Mann of Henry Mason Mathews

Mathis Mitchell Moore of Lumpkin Moore of Taliaferro. Morgan Morris Moye of Washing~on Murphy Neel Nicholson Nightingale Padgett Phillips Pulliam Ramsay Reid Sabados Seagraves Skinner Smith of Chatham Smith of Clayton Smith of Fulton Smith of Oglethorpe Swindle Towill Trulock Tuten Tuttle Vandiver Wells of Oarke Will;ams of Ware Wilson

Those voting in the negative were Messrs.:

Adams of Towns Ansley Bargeron Barrett Black Callier Cates CJtance Cheek

Cochran Cowart Cox Crowe of Worth Davis Elliott Ellis Garrard Garrett

Hardin of Glascock Harrison of Jeff Davis Hill Hobby Huddleston Jennings of Sumter Joel Knight Leverette

TUESDAY, MARCH 18, 1947

853

Lewis of Hancock Lockett Lovett McMillan Mann of Rockdale Manous Miller Oden Pearlman

Pennington Rainey Rich Rowland Rucker Salter Shields Sills Smith of Catroll

Thompson Twitty VickerE Walker Wells of Lincoln Whaley Williams of Mcintosh Witherington Yawn

Those .not voting were Messrs.:

Adams of WheelerAnglin Avera Bennett Bostwick Bradley Briscoe Byrd Caldwell Chalker Clark Conger Crow of Walker Edenfield Etheridge of Baker Flynt Garland , Garrison

Gary Glisson Greene of Crisp Groover Hall Harrison of Wayne Hefner Hicks Howard of D~wson Jennings of Baldwin Johnson of Bulloch Kenimer King Littlejohn Lokey Long McCracken Massey

Mavity Meeks Morrison Moye of Lamar Overby Ramey Ray ' Riddlespurger Risner Smith of Bryan Smith of Emanuel Stevens Watford Welsch Williams of Jones Williams of Toombs Willingham Willoughby

The roll call was verified.

On the adoption of the amendment to the report of the Committee on Rules, the ayes were 96, nays 54.

The amendment was lost.

Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
HB435. By Mr. McCracken of Jefferson: A bill to be entitled an act to repeal an act to establish, m11i!ltain and conduct in the County of Richmond a reformatory institute; and for other purposes.
The report 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, nays 3.
The bill, having received the requisite constitutional majority, was passed.

854

JOURNAL OF THE HOUSE,

HB 229. By Messrs. Elliott of Muscogee, Hubert of DeKalb, Shields and Holleman of Muscogee and Kemper of Bibb:
A bill to be entitled an act to amend the Motor Fuel Tax Law, providing that licensed retail dealers in motor fuel and kerosene shall receive an allowance of two per cent on all taxes imposed by the State of Georgia to cover losses of evaporation; and for other purposes.

::\fr. Bagby of Paulding moved the previous question, and the call was sustained.

A substitute offered by Mr. Freeman of Upson was withdrawn.

The report 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, nays l.

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

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

under the provisionsof HR No. 45, the speaker announced the House recessed until 2:05 P. l\1., this afternoon.

The speaker called the House to ordet.

2:05P.M.

By unanimous consent, a copy of HB 263 was established as HB 263, which had been lost in the committee.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
HB 193. By Mr. Elliott of Muscogee:
A bill to be entitled an act to establish a veterans education council; and for other purposes.
::\fr. Wells of Clarke moved the previous question, and the call was sustained.

The following committee substitute to HB 193 was read:
Substitute to HB 193 (final) :
A bill to be entitled an act to amend an act approved March 8, 1945, entitled "An act to create a State department of veterans service, etc.", Georgia Laws 1945, page 319; to establish a veterans education council; to provide for the selection of the members of such council, fix their terms of office and provide for their compensation; to prescribe the duties and powers of such council; to provide .for a director of veterans education, define his duties, and provide for his compensation; to pro-

TUESDIAY, MARCH 18, 1947

855

vide for the selection of employees of the veterans education council; to provide for the transfer thereto of certain powers and duties heretofore exercised by the State department of veterans service established under an act approved March 8, 1945 (Georgia Laws 1945, page 319) ; to provide for cooperation between such council and the State department of education and the regents of the university system; to define the duties of the State department of education; the regents of the university system; and the local school authorities with respect to veterans training; to declare the legislative policy of the State of Georgia with respect to the edncation of veterans; 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. Thi~ act shall be known and may be cited as the "Veterans Education Act of 1947."
Section 2. It is hereby declared to be the public policy of the State of Georgia, and the intent of this act, to assist veterans, as hereinafter defined, in securing the educational benefits to which they are entitled under the laws of the United States, and to insure that all monies coming into the State of Georgia for educa tiona! benefits of veterans shall be disbursed solely and wisely for that purpose.
Section 3. For the purpose of interpreting this act, a veteran is declared to be any person who has honorably served in any recognized branch of the armed forces of the United States of America in any war, insurrection, or military or naval expedition, and any person who, since September 16, 1940, and prior to the proclaimed termination of the war which was formally declared by the Congress of the United States as of December 8, 1941, has performed service and been hon orably discharged from either the army, navy, marine corps or coast guard of the United States during such period.
Section 4. Wherever the masculine pronoun appears in the text of this act, the feminine gender shall likewise be implied: wherever the sin"gular number is denoted, the plural shall be correspondingly applicable; wherever the word "coun cil" appears hereinafter, it shall be interpreted to mean the veterans education council established by section 5 hereof; and wherever the word '"director" appears, it shall be interpreted to mean the director of veterans education provided for in section 7 hereof.
Section 5. There is hereby established within the State government a veterans education council which shall be composed of nine members to be appointed as hereinafter directed, who shall serve for a term of four years and until their successors shall be selected and qualified. Appointments to fill vacancies shall be for the unexpired term. All members of the council shall be over the age of twenty five years. Members of the veterans education council shall be appointed as follows: The Governor shall select two men from a list of four submitted by the State board of regents, two men from a list of four submitted by the State board of education, four men from a list of eight submitted by the veterans service board, and one man of his own choosing. No person shall be eligible for the office of director of veterans education except such as have honorably served not less than three months in the armed services of the- United States during a war in which the United States was engaged. In case of a vacancy occurring on the board, the Governor shall appoint a successor to fill the vacancy from a list of nominees, not less than two, that shall be submitted from the department or agency which submitted the name of the person formerly occupying said position.

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JOURNAL OF THE HOUSE,

Section 6. The council shall choose from its members a chairman. A secretary, who need not he a member of the council, shall he appointed and serve at the pleasure of the council. The council shall he empowered to adopt such rules and regulations as it deems necessary, and amend the same from time to time.
The members of the council shall meet once each month in the office of the director, and at such meetings shall give attention to all things and matters prop. erly coming under the jurisdiction of the hoard. The meetings herein provided shall he for stated periods, hut shall not exceed more than two days in any one session. Call meetings by the hoard may be had by the chairman thereof or by the director of the education council. Said provisions shall he effective four months after enactment of this law.
Members of rile council shall receive no per diem or other payment except actual traveling expenses and actual expenses incurred when upon attendance upon meetings of the hoard. Six members shall constitute a quorum at any regular or special meetings.
The council shall prescribe rules and regulations which will require the director of veterans education to supervise the disbursements of all funds through a treasurer who shall he appointed for the purpose of handling said funds for the veterans education council and who shall insure the proper disbursements of said funds and be responsible therefor. The council shall, by appropriate rules and regulations, designate the treasurer of the board of regents as the proper official to receive and disburse educational and administrative funds under this act as directed by the council through the director of veterans education and shall also require the treasurer to maintain separate accounts to prohibit any mingling of veterans education funds with those of the board of regents.
Section 7. There shall be a director of veterans education who shall be elected by the council and shall serve at the pleasure of the council. He shall he the executive officer of the council, and when the council is not in session, shall have, and may exercise, all of the powers, and perform all the duties, vested in and required of the council by this act, subject to the rules and regulations of the council. He shall perform such other duties as may be required by the council. The director shall receive such compensation as may be fixed by the council, not to exceed $6,000.00 per annum, and necessary expenses while traveling in the performance of his duties. He shall maintain an office at the capitol in quarters provided by the Governor. The director shall be required to give bond in an amount to be determined by the council.
Section 8. The veterans education council is designated as the agency of the State to cooperate with the proper officials of the United States in the administration of all laws of the United States conferring educational benefits upon veterans, including manual or other training. It is authorized to perform, on behalf of the State, such acts as may be necessny or required of the State, or any agency of the State, by any act of Congress, or regulation of any federal department or agency, in the administration of any such law of the United States now of force or which may be hereafter enacted; and to accept and administer any federal grant to the State for such purposes; and to enter into contracts with the federal government for the training of veterans receiving lienefits under the federal rules and regulations.
Section 9a. In order to secure to veterans of Georgia, and veterans residing therein, all educational or training benefits authorized by any law of the United States now of force, or hereafter enacted, "the veterans education council is authorized to approve the courses of study, accredit the institutions of instruction either

TUESDIAY, MARCH 18, 1947

857

at the college level or below the college level both among institutions supported by the public treasury and from private sources, establish uniform criteria for the recognition and certification of training and apprenticeship establishments, and provide for the inspection and regulation thereof and of the recipients of instruction and training in order that the same shall conform to the standards prescribed as a requisite for the agencies, institutions and citizens of this State to participate, receive or share in the allocation of the funds authorized to be expended under any such law of the United States or of any department or agency of the United States.

Section 9b. In order that local conditions may be ascertained and evaluated more effectively for the veterans training in each of the fifty-nine districts of the State, as established by the department of veterans service, and in whatever new districts may be created in the future, the superintendents of schools in said districts shall select a district board of five men, two of whom are veterans of world war II and two of whom shall be veterans of any war and who shall be employers having a veterans training program in operation in their business, and one of whom is an official of the local school system. It shall be the duty of this board to cooperate with. the field representative of the veterans education council; to review and recommend to the council as to the certification of approval of all new establishments and institutions; to check all institutional on-the-job training to be carried on in said area; and to make recommendations as to the criteria aqd standards of training to the veterans education council consistent with federal regulations.

Section 10. All functions, powers and duties with respect to the education of veterans heretofore exercised by either the State department of veterans service, the veterans service board, or the director as pro~ided for under article V, section VI, of the Constitution of Georgia or as prescribed in the act approved March 8, 1945 (Georgia Laws 1945, page 319), are hereby transferred to and vested in the veterans education council established in section 5 of this act.

Section 11. The State board of education, the State department of education and the State superintendent of schools shall cooperate with the veterans education council and the director of veterans education in conducting the activities authorized by this act. The State board of education, the superintendent of schools, and the State department of education, through the State director of vocational education and such other officials as the board of education or the superintendent may designate and in cooperation with the council and the director of veterans education shall supervise all educational training programs, including on-the-job training not inconsistent with federal regulations. The council shall adopt such regulations as may be necessary to effectually execute the purpo_se of this act. The council may provide for .a trade and industrial division, a distributive education division, an agricultural division, a common and high school division, and such other divisions as may be necessary. The council shall employ under appropriate designations and titles, heads of each such division, together with such subordinate employees as may be necessary, fix their compensation and define their duties. All such employees, including the heads of divisions, shall be under the supervision of the director of veterans education as the executive officer of the council.

Section 12. The county superintendents of schools, and the county boards of
education of the various counties shall cooperate with the. council and the director 10f veterans education in carrying on the veterans education and training program herein provided for, and shall require local schools to conduct such classes, keep ~uch records, and generally to do such things as may be necessary to effectively

858

JOURNAL OF THE HOUSE,

carry on the program. They are authorized to receive such compensation as may be allowed under federal laws or otherwise for tuition and other charges or fees for training veterans.

Section 13. The board of regents of the university system of Georgia, through its proper officials, shall supervise, as provided by federal regulations, the college training and education of all veterans enrolled at State institutions of the university system, and shall cooperate with the veterans education council and the director of veterans education.

Section 14. The veterans education council and the director of veterans education shall cooperate with the proper officials of. private schools, colleges, and universities oi the State which are not under the supervision of the State department of education or the regents of the univeisity system, shall assist in placing veterans -at such private institutions for education and training, and shall, so far as possible, coordinate the educational programs of such private institutions with the programs of public institutions.

Section 15. The veterans education council and the director of veterans education are authorized to cooperate with private firms, persons and corporations engaged in business, industry and professions, in placing veterans with such business, industrial or professional organi2ations for on-the-job training and to pass upon and approve such trainiDg courses and enter into such contracts and agreements as mpy be necessary to effectually provide such on-the-job training in addition to the courses of study in schools and colleges as in this act provided.

Section 16. Neither the director nor any person employed by the council, except in a technically expert or professional, secretarial, clerical or subordinate capacity, shall be eligible for employment in the department unless such person has honorablv served not less than three consecutive months in the armed forces of the l"nited States in time of war or unless such person shall be the wife, widow, father, mother, daughter or sister of such veteran.

Section 17. In the employment of secretarial personnel, preference shall be accorded in so far as compatible with efficient performance and other conditions of employment. first to the same classes of persons as defined in the preceding section, or secondly to the wives, widows, mothers, sisters or daughters of some person who has honorably served for not less than three consecutive months in the armed forces of the United States in time of war.

Section 18. A certificate of honorable discharge from the army, navy, marine corps or coast guard of the United States shall be prima facie evidence of the military service required by sections 16 and 17, provided, however, that the provisions of section 16 and 17 shall not apply to persons who have for six months prior to the approval of this act been in the employ of the veterans service department heretofore created by executive order.

Section 19. All employees of the council except the director shall be classified and governed by such rules of job classification. appointment, promotion, demotion, dismissal, personnel administration, basis of compensation, probationary employment. retirement and seniority privileges and other employment standards as may now or l_,ereafter be set up under such system of merit control as may be authorized by the act approved February 4, 1943 (Georgia Laws 1943, pages 171177), providing for the establishment of a merit system council, or any amendment thereof. Provided, however. that no employee shall be subject to removal after

TUESDtAY, MARCH I8, I947

859

six months of p1obationary service ensuing from the date of approval of this act, except upon charges duly preferred and substantiated under such rules as may be promulgated by said merit system' council, or whatever successor or superseding ' agency may hereafter be established by law to administer standards of competent personnel and for the protection of the tenure during satisfactory conduct, of the employees of any branch of the State government. Provided, further, that the . principal accounting employee and the personal secretary to the director shall be exempt from the provisions of this section.

Section 20. The council shall employ such persons as may be necessary to render the services required hy this act and to the effective performance of the duties and responsibilities required by this act.

Section 21. The council shall have authority to accept donations from individuals, corporations and the government of the United States, or from any other source, and use the same for the purpose of administering this act or .for any purpose for which such donation may be made. The budget authorities of the State are authorized to transfer from the appropriation made to the State veterans service office such amount of the appropriation as was made for the purpose of carrying on the educational program provided for in this act.

Section 22. To effectuate the purposes of this act, the Governor may direct any department, division, board, bureau, commission or other .administrative agency or unit of the Stale to provide such facilities, including personnel, materials, assistance, information and data, as will enable the council and/ or the director properly to utilize the same in performing their respective duties and carrying out their activities and discharging the functions provided for hereunder.

Section 23. Provisions of this act shall not become effective until June I, I947.

Section 24. If any part of this act shall be declared unconstitutional, the remaining portions of the act shall not he affected, it being the legislative intent that the act shall he so construed and that the various sections hereof shall be deemed to have been severally enacted, so that the invalidity of any portion of the act shall not affect or cause to be invalid any remaining portion of the act.

Section 25. That section ll of the act approved March 8, I945. Georgia Laws I945, page 3I9, be, and the same is hereby repealed in its entirety.

Section 26. That all laws and parts of laws in conflict with this act he, and the same are hereby repealed.

The following amendment to the committee substitute was read and adopted:
Mr. Nee! of Thomas moves to amend committee substitute for HB I93: By striking from section 23 the words June I, and substituting therefor the words "July I".
Mr. Vandiver of Bihh offered a substitute to HB I93. An amendment offered hy Mr. Vandiver of Bihh to the Vandiver substitute to HB I93 was adopted.

860

JOURNAL OF THE HOUSE,

The committee substitute, as amended, was adopted.
The substitute, as amended, offered by Mr. Vandiver of Bibb was ruled out of order.
The report of the committee, which was favorable to the passage of the bill, by substi .tute, was agreed to, as amended.
On the passage of the bill, by substitute, as amended, the roll was called and the vote was as follows:

Those voting in the affirmative were Messrs.:

_-\dams of Polk Adams of Towns Adams of Wheeler Addleton Anglin Bagby Bargeron Barrett Beddingfield Black Bloodworth Briscoe Britton Brooke Campbell Caswell Cates Cheek Cheshire Cochran Covington Cox Crowe of Worth Dorsey Durden Elliott Ellis Etheridge of Fulton Eve Evitt Flynt Fowler Freeman Garrard Garrett Garrison Gary

Gibbons Gowen Greene of Crisp Greer Hall Hampton Hardin of Glascock Hardin of Turner Harrison of Jenkins Hill Hinson Hobby Holleman Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Jennings of Baldwin Johnston of Lowndes Jones Jordan Kenyon Kidd Knight Lockett _\lcCracken _\lc:\lillan McWhorter Mallard Mann of Rockdale Manous Massey Mathews Mathis
_\leek~

_\filler _\loore of Lumpkin xloore of Taliaferro _\I organ _\{orris _\lorrison Moye of Lamar :\loye of Washington _\lurphy Nee! Nicholson Nightingale Oden Overby Pearlman Phillips Pulliam Ramey Ramsay Ray Reid Rich Rowland Rucker Sabados Salter Seagraves Shields Smith of Carroll Smith of Chatham Smith of Oaytim Smith of Emanuel Smith of Fulton Smith of Oglethorpe Swindle Thompson Towill

TUESDAY, MARCH 18, 1947

861

Trulock Twitty Tuten Tuttle Vickers

Walker Wells of Clarke Wells of Lincoln Whaley Williams of Mcintosh

Williams of Toombs Willingham Willoughby Witherington Yawn

Those voting in the negative were Messrs.:

Ansley Caldwell Callier Causey Chalker Edenfield Etheridge of Baker Green of Rabun Hardy Hicks

Holbrook Joel Kemper Kenimer Key Leverette Lewis of Greene Lewis of Hancock Lov'ett Mason

Mitchell Rainey Risner Skinner Vandiver Williams of Jones Williams of Ware Wilson

Those not voting were Messrs.:

Arnall Avera Battle Bennett Bostwick Bradley Bruton Byrd Chance Clark Claxton Conger Coogle Cowart Crow of Walker Davis Dobbs

Dykes Evans Garland Gibson Glisson Goldberg Groover Hagan Harrison of Jeff Davis Harrison of Wayne Hefner Henderson Higgs Howard of Dawson Jennings of Sumter Johnson of Bulloch Kendrick

King Knabb Littlejohn Lokey Long "Malone Mann of Henry Mavity Padgett Pennington Riddlesputger Sills Smith of Bryan Stevens Watford Welsch

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

On the passage of the bill, by substitute, as amended, the ayes were 126, nays 28.

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

By unanimous consent, the bill was ordered immediately tr\lnsmitted to the Senate.

862

JOURNAL OF THE HOUSE,

By unanimous consent, the following hill of the Senate was withdrawn from the Committee on Military Affairs, read the second time, and recommitted to the committee:

SB 97. By Senator Huckeba of the 27th:
A hill to be entitled an act to authorize the counties, cities, and other political subdivisions to furnish free of charge quarters for nationally recognized veterans organizations and their auxiliaries; and for other purposes.

By unanimous consent, the following hills of the House were withdrawn from the Committee on Municipal Government, read the second time, and recommitted:
HB 463. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A hill to he entitled an act to amend an act to create a new charter for the City of East Point; and for other purposes.

HB 518. By Mr. Arnall of Coweta:
A hill to he entitled an act to amend an act to create a new charter for the City 'of Newnan; and for other purposes.

HB 534. By ::\fessrs. Smith, Kendrick and Etheridge of Fulton:
A hill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time:
HB 141. By Messrs. Hicks, Littlejohn and Covington of Floyd, Addleton of Spalding, Greer of Lanier, Adams and Hurt of Polk, and others: A hill to he entitled an act to legalize the operation of moving picture shows or theaters in this State on Sunday; and for other purposes.
Mr. Cochran of Thomas moved the previous question, and the call was sustained.
Three amendments offered by Mr. Harrison of Jenkins were read and adopted.
Mr. Mitchell of Monroe moved that further consideration of HB 141 he postponed indefinitely.
The motion was lost. An amendment offered by Mr. Neel of Thomas was ruled out of order.
Mr. Shields of Muscogee moved to table HB 141.
On the motion to table, the ayes were 80, nays 40.
The motion to table pr;evailed.

TUESDAY, MARCH 18, 1947

863

The following resolution was read and adopted:

HR 115. By Messrs. Twitty of :\litchell, Smith of Fulton. "Maoon of :\forgan and Henderson of Irwin:
WHEREAS. our beloved colleague, ti)e Honorable I. Y. Conger of Tift county, Georgia, is now confined to his room on account of illness and is unable to attend to his legislative duties; and,
WHEREAS, his presence is missed by his many friends and colleagues in the House who are deeply concerned over his continued illness; and,
WHEREAS, the members of the House hold their colleague in the highest esteem and desire to express to him their hope for an early recovery; now, therefore,
BE IT RESOLVED by the House of Representatives, that the sympathy of each member of said House be extended to the Honorable I. Y. Conger; and
BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon
the minutes of the House and a copy sent to our colleague, the Honorable I. Y. Conger, concerning the illness of the Honorable I. Y. Conger of Tift county,
Georgia.
:\lr. Elliott of Muscogee moved that the House do now adjourn. and the motion prevailed.
The speaker announced the Home adjourned until tomorrow morning at ten o'clock. -

864

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, March 19, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and op~ned with prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Reports of standing committees. 2. Second reading of bills and resolutions, favorably reported. 3. Third reading and passage of local uncontested bills and resolutions. 4. Third reading and passage of general bills with local application. 5. First reading and reference of Senate bills and resolutions.

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 and House, to wit:
HB 290. By Mr. Bruton of Cook: A bill to amend an act entitled an act to create a board of commissioners of road;; and revenues in and for the County of Cook; and for other purposes.

HB 317. By Messrs. Hicks, Littlejohn and Covington of Floyd:
A bill to amend an act creating a new charter for the City of Rome; and for other purposes.

HB 405. By Messrs. Davis and Jenkins of Bartow:
A bill to be entitled an act to amend the charter of the Town of Adairsville, in Bartow county, Georgia: and for other purposes.

WEDNESDAY, MARCH 19, 19-1-7
HB 407. By Mr. Wells of Clarke: A bill to be entitled an act to amend an act entitled an act to amend the charter of the Town of Athens; and for other purposes.
HB 414. By Messrs. Evans, Smith and S!Pnner of Chatham: A bill to be entitled an act authorizing the mayor and aldermen of the Town of Thunderbolt, in Chatham county, Georgia, to close what is claimed to be a street in a strip of land formerly known as the "Doyle triangle lot", on the bluff, in the Town of Thunderbolt; and for other purposes.
HB 462. By Messrs. Smith, Kendrick and Etheridge of Fulton: A bill to be entitled an act to create a new charter for the City of East Point in the County of Fulton; and for other purposes.
HB 464. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to create a new charter for the City of East Point in the County of Fulton; and for other purposes.
HB 469. By Messrs. Smith, Etheridge and Kendrick of Fulton: A bill to be entitled an act to amend an act establishing a new charte1 for the City of Atlanta; and for other purposes.
HB 479. By Messrs. Adams and Hurt of Polk: A bill to be entitled an act to amend the charter of the City of Cedartown, by pro viding for the annexation of additional territory to the City of Cedartown; and for other purposes.
HB 482. By Mr. Morrison of Montgomery: A bill to be entitled an act to amend an act to incorporate the Town of Ailey; and for other purposes.
HB 485. By Messrs. Salter and Freeman of Upson: A bill to be entitled an act to amend an act of the General Assembly entitled an act to amend, consolidate and supersede the several acts incorporating the City of Thomaston; and for other purposes.
HB 48'9. By Messrs. Elliott, Holleman and Shields of Muscogee: A bill to be entitled an act to amend the charter of the City qf Columbus; and for other purposes.

866

JOURNAL OF THE HOUSE,

The Senate has adopted the report of the Committee on Conference of the following bill of the House:

HB 16. By Mr. Cheek of Franklin:
A bill to be entitled an act to create the office of commissiOner of roads and reve nues, an advisory board consisting of three members and a clerk to said commis sioner of roads and revenues and said ad;isory board, in Franklin county, Georgia; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills of the Senate and House, to wit:
SB 107. By Senators Bush of the 8th and Knox of the 29th:
A bill to be entitled an act to amend section 56-101 of the Code of Georgia so as to enable insurance commissioner to appoint a chief deputy insurance commissioner and not more than two other deputy insurance commissioners; to fix the bond. salaries, etc.; to repeal all conflicting laws; and for other purposes.

SB 112. By Senator Millican of the 52nd:
A bill to be entitled an act to provide that all counties in this State having a population of 300,000 or more inhabitants according to the United States census of 1940, or any future United States census, shall have power and authority, by action of the board of commissioners of roads and revenues thereof or other county authority having charge of the roads and revenues thereof, to assess and collect license fees and charges from all persons, finns and corporations maintaining a place of business in any area of said counties not embraced within the incorpo rated limits of municipalities; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills and resolution of the Senate, to wit:
SR 31. By Senator Callaway of the 35tfl:
A resolution providing for the necessary funds to meet all operating expenses of the public employment services subsequent to June 30, 1948; and for other purposes.

SB 18. By Senators Millican of the 52nd and Woodall of the 25th:
A bill to be entitled an act to fix the compensation to be paid the State superin tendent of schools, at $7,500.00 per annum, payable monthly; to repeal conflict ing laws; and for other purposes.

SB 125. By Senator Callaway of the 35th:
A bill to be entitled an act to amend section 92-3120 of the Georgia Code per taining to gain or loss on exchange of property by adding at the end thereof a sub-section .(g) pennitting, in accordance with the same tenns set forth in section 112 (b) (6) of the federal internal revenue code; and for other purposes.

WEDNESDAY, MARCH 19, 1947

867

SB 129. By Senator Hogg of the 24th:
A bill to be entitled an act to authorize and direct the governing authorities of the County of Marion in charge of the finances thereof, to pay to the sheriff of said county the sum of $50.00 per month; and for other purposes.

SB 130. By Senators Walker of the 45th, Overstreet of the 18th, Weaver of the 51st, Trippe of the 38th, and others:
A bill to fix and equalize the salaries of the secretary of state, attorney general, state superintendent of schools, comptroller general, treasurer, commissoiner of agriculture, members of the public service commission, and commissioner of labor; and for other purposes.

:\fr. Ramey of Chattooga County, chairman of the Committee on Counties and County l\Iatters, submitted the following report:

Mr. Speaker:

Your Committee on Counties and County Matters has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:
SB 127. Do Pass.

SB 126. Do Pass.

SB 83. Do Pass, as amended.

Respectfully submitted,

Ramey of Chattooga, Chairman

Mr. Mathews of Peach County, chairman of the Committee on Military Affairs, submitted the following report:

Mr. Spea.ker:

Your Committee on Military Affairs has had under consideration .the following bill of the Senate and has instructed me, as chairman, to rep,ort the same back to the House with the following recommendations:

SB 97. Do Pass.

Respectfully submitted,

Mathews of Peach, Chairman

Mr. Thompson of Meriwether County, chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

868

JOURNAL OF THE HOUSE,

HB 534. Do Pass. SB 121. Do Not Pass. SB 122. Do Not Pass. HB 463. Do Pass. HB 518. Do Pass.

Respectfully submitted,
Thompson of Meriwether, Chairman

Mr. Thompson of Meriwether County, chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HB 546. Do Pass. HB 507. Do Pass.

Respectfully submitted,

Thompson of Meriwether, Chairman

Mr. Cheek of Franklin County, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following resolution of the House and has instructed me, as chairman, to report the same back to the House with the following recommendations:

HR ll2-540a. Do Pass.

Respectfully submitted,
Cheek of Franklin, Chairman

Mr. McCracken of Jefferson County, chairman of the Committee on State of Republic, submitted the follow :ng report:

Mr. Speaker:
Your Committee on State of Republic has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 116. Do Pass. HB 537. Do Pass, as amended. HB 548. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman

WEDNESDAY, MARCH 19, 1947

869

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

SB 83. By Senator Millican of the 52nd:

A bill to be entitled an act to provide a law department for Fulton county; and for

other purposes.

'

SB 116. By Senators Millican of the 52nd, Weaver of the 51st, and others:
A bill to he entitled an act to amend the Code of Georgia pertaining to the salary of the State auditor; aQd for other purposes.

SB 126; By Senator Dean of the 34th:
A hill to be entitled an act to amend an act in reference to the commissioner of Rockdale county; and for other purposes.

SB 127. By Senator Dean of the 34th:
A bill to be entitled an act to amend an act in reference to the tax commissioner of Rockdale county; and for other purposes.

HB 507. By Mr. Conger of Tift:
A hill to be entitled an act to amend an act to create a new charter for the Town of Omega; and for other purposes.

HR 112-540a. By M.r. Lewis of Hancock:
A resolution to relieve C. J. Hill and F. G. Mitchell as sureties of Jess Rhodes; and for other purposes.

HB 546. By Messr~. Cochran and Neel of Thomas:
A bill to be entitled an act to amend the charter of the Town of Pavo; and for other purposes.

HB 548. By Messrs. Lewis of Hancock, Jones of Brantley, Williams of Jones, and others:
A hill to be entitled an act to amend an act by changing the salary of the highway director; and for other purposes.

By unanimous consent, the following hills of the House and Senate were read the third time and placed upon their passage:

SB 77.

By Senator Millican of the 52nd:
A hill to he entitled an act to amend an act relating to pensions for members of the police departments in cities of a certain populati\!n; and for other purposes.

870

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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 94. By Senator Millican of the 52nd:
A bill to be entitled an act to provide that in counties of a certain population, the board of commissioners shall have the power to lease, rent or otherwise dispose of open air shells, auditoriums, 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 110. By Senator Millican of the 52nd: A bill to be entitled an act to amend an act to create a civil service board in cities of a certain population; and for other purposes;
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bilL having received the requisite constitutional majority, was passed.

SB 111. By Senator Millican of the 52nd: A bill to be entitled an act in reference to the enlargement of the city limits of cities of a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 118. By Senator Seay of the 22nd: A bill to be entitled an act to amend an act conferring additional powers upon the corporate authorities of the Town of Barnesville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 19, 1947

871

SB 119. By Senator Trippe of the 38th:
A bill to be entitled an act to amend the charter of the City of Cedartown; and for other purposes.
The report 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.

SB 120. By Senator Millican of the 52nd:
A bill to be entitled an act to amend an act to provide pensions for members of fire departments in cities of a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 123. 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.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 409. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 497. By Messrs. Etheridge, Smith and Kendrick of Fulton and Smith of Clayton:
A bill to be entitled an act to amend the charter of the City of College Park; and for other purposes.

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JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

By Messrs. Smith, Etheridge and Kendrick of Fulton and Smith of Clayton:
An amendment to HB 497 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 (now the City of College Park) ; to provide for incorporating said city under the name of College Park, etc., and for other purposes," approved December 16, 1895, and all amendments thereto, so as to provide for extension of corporate limits of said city and annexation of territory thereto, and the establishment and/or adjustment of ward boundaries and councilmanic representation in relation to such annexed territory; and for other purposes.
BE IT ENACTED by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that a bill to be entitled "An act to amend an act entitled 'An act to repeal all laws, imd amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park); to provide for incorporating said city under the name of College Park, etc., and for other purposes,' approved December 16, 1895, and all amendments thereto, so as to provide for extension of corporate limits of said city and annexation of territory thereto, and the establishment and/or adjustment of ward boundaries and 'councilmanic representation in relation to such annexed territory; and for other purposes,'' (being HB 497) be and the same is hereby am~nded by striking from said bill section IV thereof and by changing the numbering of section V of said bill to section IV.
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, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 535. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to amend an act to repeal all laws heretofore passed incorporating the City of Manchester, now the City of College 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 531. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend the charter of the City of College 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 19, 1947

873

HB 471. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act creating the civil 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 473. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend an act to create a new charter for the City of East Point; and for other purposes.
The report 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 496. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton: A bill to be entitled an act to amend an act to incorporate the City of Hapeville; and for other purposes.

The following amendment to HB 496 was read and adopted:
Messrs. Smith, Kendrick and Etheridge of Fulton move to amend HB 496:
By adding thereto a section to be appropriately numbered by the clerk and to read as follows:
, "Section -. That said act of September 16, 1891, and the several acts amenda tory thereto, be and the same is further amended to extend the corporate limits of the City of Hapeville to include the followiag territory:
Beginning at a point two hundred (200) feet east of Sylvan road first touched by the line defining the present north border of the City of Hapeville and running north along said line to a point two hundred (200) feet north of Cleveland avenue, thence east parallel to and two hundred (200) feet north of Cleveland avenue to a point two hundred (200) feet beyond the east land lot line of land lot 69; thence South parallel to and two hundred (200) feet east of the east lines of land lots 68, 67, and 66; thence west to the present city limits."
It is provided, however, that the territory herein described shall become incor porated as a part of the territory of the City of Hapeville only after the approval of a majority of the qualified voters resident within said territory. It shall be the duty of the mayor and council of the City of Hapeville to call a special election, and in such an election to submit to the qualified voters aforesaid the question whether this territory be, or be not, incorporated as a part of the City of Hape-

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ville. Said election shall be called within ninety days after the approval of this act, and shall be held at the usual place for holding elections in the City of Hape ville. Notice of said election, and the call thereof, inclusive of the question to he submitted, and the places. date and hour of said election shall be published at least thirty days before the date of holding said election by publication in a newspaper of general circulation in the City of Hapeville. Said election, inclusive of the managers, the declaration of the result and all elections incident to the holding thereof shall conform to laws now applicable to holding elections for officers for the City of Hapeville. Only persons resident within the territory named and who are qualified to vote for members of the General Assembly, and who shall register themselves as voters in said election under the rules now of force with respect to the registered voters in the City of Hapeville shall be deemed qualified to vote in said election. .\fayor and council of the City of Hapeville shall prepare ballots to be used in said election, which ballots shall have written or printed thereon the following: "For annexation to the City of Hapeville", and they shall have also written or printed on said ballot the following: "Against annexation to the City of Hapeville". Persons deciding in favor of annexing said territory shall so indicate by striking, or lining out. the words, "Against annexation to the City of Hapeville"; and persons opposed shall strike or line out the words "for annexation to the City of Hapeville". In the event said election is held and a majority of the qualified voters vote affirmatively for annexation to the City of Hapeville, then upon the declaration of such result in the manner that other elections in the City of Hapeville are declared and published then, on that date, the territory described herein shall be, and become a part of the territory embraced within the city limits of the City of Hapeville.
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, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 498. By Messrs. Etheridge. Kendrick and Smith of Fulton:
A bill to be entitled an act to amend the charter of the City of College 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 118, nays 0.

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

HB 499. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend the charter of the City of College 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 19, 1947

875

HB 502. By Mr. Bennett of Barrow:
A bill to be entitled an act to create a new charter for the Town of Auburn; and for other purposes.

The report 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, nays 0.

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

HB 528. By Messrs. Smith, Kendrick and Etheridge of Fulton: A bill to be entitled an act to amend an act to create a new charter for the City of East Point; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 529. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend an act creating a new charter for the City of East Point; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 530. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act creating a new charter for the City of East Point; 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 123, nays 0.
The bill, having received the requisite constitutional majority, was passed.

876

JOURNAL OF THE HOUSE,

HB 538. By :VIr. Stevens of Marion:
A bill to be entitled an act to authorize the governing authorities of Marion county to pay to the sheriff of said county, the sum of $50 per month in addition to the fees and compensation now authorized by law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 541. By 1\lessrs. Kendrick,-Etheridge and Smith of Fulton:
_-\ bill to be entitled an act to create an airport authority in counties of a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 542. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A hill to be entitled an act to provide for the leasing or renting of concession privileges in public buildings in counties having a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill, the ayes were 126, nays 0.
The hill, having received the requisite constitutional majority, was passed.

HB 214. By Mr. Garland of Butts: A hill to he entitled an act to provide for home rule for counties electing to come under this act; and for other purposes.
The following amendment to HB 214 was read and adopted:
Mr. Garland of Butts moves to amend HB 214, known as the county home rule hill of 1947 by adding thereto a section designated as "10a" as follows:
Provided, however, this act shall apply only to those counties having populations of between 9,180 and 9,185, according to the 1940 census of the United States of America.

WEDNESDAY, MARCH 19, 1947

877

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, nays 0. The bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.

HB 518. By Mr. Arnall of Coweta: A bill to be entitled an act to amend an act to create a new charter for the City of Newnan; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

H1l463. By Messrs. Kendrick, Etheridge and Smith of Fulton: A bill to be entitled an act to amend an act to create a new charter for the City of East Point; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 534. By Messrs. Smith, Kendrick and Etheridge of Fulton: A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constituti~mal majority, was passed.

By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
SB 130. By Senators Walker of the 45th, Overstreet of the 18th, Weaver of the 51st, Trippe of the 38th, and others: A bill to be entitled an act to fix the salaries of the secretary of state, attorney

878

JOURNAL OF THE HOUSE,

general, state superintendent of schools, comptroller general, treasurer, commissioner of agriculture, members of the public service commission, and commissioner of labor; and for other purposes.

Referred to Committee on State of Republic.

SB 129. By Senator Hogg of the 24th:
A bill to be entitled an act to authorize and direct the governing authorities of the County of Marion in charge of finances thereof, to pay to the sheriff of said county the sum of $50.00 per month in addition to the fees and compensation now authorized by law; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 18. By Senators Millican of the 52nd and Woodall of the 25th:
A bill to be entitled an act to fix the compensation to be paid the State superintendent of schools at $7,500.00 per annum; and for other purposes.
Referred to Committee on State of Republic.

SB 125. By Senator Callaway of the 35th:
A bill to be entitled an act to amend an act pertaining to gain or loss on exchange of property.
Referred to Committee on General Judiciary No. 2.

SB 107. By Senators Bush of the 8th and Knox of the 29th:
A bill to be entitled an act to amend an act so as to enable insurance commissioner to appoint a chief deputy insurance commissioner and not more than two other deputy insurance commissioners; and for other purposes.
Referred to Committee on State of Republic.

SB 112. By Senator Millican of the 52nd:
A bill to be entitled an act to provide that all counties in this State having a population of 300,000 or more inhabitants shall have power and authority, by action of the board of commissioners of roads and revenues to assess and collect license. fees and charges from all persons, firms, and corporations maintaining a place of business in any area of said counties not embraced within the incorporated limits of municipalities; and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, MARCH 19, 1947

879

The following report of the Committee on Rules was submitted and read:

:\Ir. Speaker: Your Committee on Rules, having had under consideration the fixing of a calendar for
today's business, has established as an order of business beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
I. HB ffl. Shorthand reporter. 2. HB 66. .:\Tewspaper libel law. 3. HB 415. Income tax. 4. HB 132. Voting machine bill. 5. HB 347. Aviation gasoline tax. 6. HB 326. Birth certificates. 7. HB 255. Report of insurance companies. 8. HB 298. Suspended sentences. 9. HB 122. Fire protection and safeguards. 10. HB 399. Certificate of necessity. 11. HB 437. Reciprocal agreements motor carriers. 12. HB 279. Health department retirement act. 13. HB 333. Special appropriation. 14. HR 78284:\. State trooper compensation. 15. HB 385. Training school for boys. 16. HB 511. Accident insurance.
17. HB 455. Sale of poisonous insecticides. 18. HB 276. Highway department damages. 19. HB 249. Teaching of sex hygiene. 20. HR 41186A. :\1illedgeville property. 21. HB 245. Admission to bar. 22. HB 327. Load limits on trucks. 23. HB 224. Weighing leaf tobacco. 24. HB 280. Fees of justices of peace. 25. HB 467. County welfare departments. 26. HB 307. Rosin inspectors.

880

JOURNAL OF THE HOUSE,

27. HB 314. Amendment to general tax act. 28. HB 315. Collection of special taxes. 29. HB 522. State patrol. 30. HB 360. Regulation of corporate dividends. 31. HB 466. Liquidation of corporations. 32. HR 74-376. Committee to report on tax structure. 33. HR 39-181A. Special appropriation. 34. HR 40-181B. Special appropriation. 35. HB 234. Rabies control. 36. HB 484. Butane gas. 37. HB 483. Boiler bill. 38. HB 439. Game and fish. 39. HB 520. Changes in corporation law.
~
40. HB 468. Accountants bill. 41. HB 431. Teacher retirement. 42. HB 424. Damages by highway contractors. 43. HB 428. Forestry commission. 44. HR 43-203B. Special appropriation. 45. HB 232. Court reporters fees-Rome judicial circuit. 46. HB 273. Homicide of child. 47. HR 72-3588. Special appropriations.
All general bills with local application will be called up for vote by the speaker in any order that he desires.
The Rules Committee authorizes the speaker to call up any bills herein set forth in any order that he desires.
Elliott of Muscogee, Vice-Chairman

Mr. Smith of Chatham arose to a question of personal privilege and addressed the House.

The following amendment to the report of the Committee on Rules was submitted

and read:

.

Messrs. Evans, Skinner and Smith of Chatham move to amend the report of the Rules Committee establishing the calendar for the day to include HB 376, a purely local bill affecting only Chatham county and the City of Savannah, and which pro-

WEDNESDAY, MARCH 19, 1947

881

vides for the extension of the corporate limits of the City of Savannah, and establishing HB 376 as the first order of business on said calendar, for the purpose of disagreeing with the committee report which was unfavorable to the passage of said bilL

On the adoption of the amendment to the report of the Committee on Rules, Mr. Evans of Chatham moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Polk Arnall Avera Bagby Beddingfield Bloodworth Britton Brooke Campbell Caswell Causey Cheshire Dobbs Dorsey Durden Evans Eve Evitt Freeman Garland Gary Gibbons Gibson Goldberg Gowen Greer Hardy Harrison of Jenkins

Hefner Henderson Higgs Holbrook Holleman Howard of DeKalb Hubert Hurt Ingle Johnson of Bulloch Jones Jordan Kemper Kendrick Kenimer Kenyon Kidd Knabb Lewis of Greene Littlejohn Long McWhorter :\1allard :\[ann of Henry Mason Mathews Mathis Moore of Taliaferro

Morgan Morris Murphy Neel Nicholson Nightingale Phillips Pulliam Ramsay. Riddlespurger Rowland Seagraves Skinner Smith of Chatham Smith of Clayton Smith of Fulton Smith of Oglethorpe Stevens Towill Trulock Tuten Tuttle Vandiver Wells of Clarke Williams of Ware Wilson

Those voting in the negative were Messrs.:

Adams of Towns Ansley Bargeron Barrett Bennett Bradle, Callier

Cates Chalker Cheek Cochran Coogle Cowart Cox

Crowe of Worth Davis Elliott Ellis Garrard Garrett Green of Rabun

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JOURNAL OF THE HOUSE,

Greene of Crisp Hampton Hill Hobby Johnston of Lowndes King Leverette Lewis of Hancock Lockett Lovett McMillan

J\Ianous Moore of Lumpkin Oden Pearlman Pennington Rich Risner Rucker Salter 'Shields Sil!5

Those not voting were Messrs.:

Adams of Wheeler Addleton Anglin Battle Black Bostwick Briscoe Bruton Byrd Caldwell Chance Clark Claxton Conger Covington Crow of Walker Dykes Edenfield Etheridge of Baker Etheridge of Fulton Flynt Fowler Garrison Glisson

Groover Hagan Hall Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Hicks Hinson Howard of Dawson Huddleston Jenkins Jennings of Baldwin Jenning~ of Sumter Joel Key Knight Lokey McCracken Malone .\lann of Rockdale Massey Mavity Meeks

Thompson Twitty Vickers Watford Wells of Lincoln Whaley Williams of .\lclntosh Witherington Yawn
Mitchell Miller Morrison Moye of Lamar Moye of Washington Overby Padgett Rainey Ramey Ray Reid Sabados Smith of Bryan Smith of Carroll Smith of Emanuel Swindle Walker Welsch Williams of Jones Williams of Toombs
Wi~J:nc:rham
Willoughby

The roll call was verified.

On the adoption of the amendment to the report of the Committee on Rules, the ayes were 82, nays 52.

The amendment to the report of the Committee on Rules was lost.

Mr. Jones of Brantley moved that the House' do now adjourn, and the motion was lost.

WEDNESDAY, MARCH 19, 1947

883

Under the order of business established by the Committee on Rnles, the following bill of the House was taken up for consideration and read the third time:

HB 122. By :\'lr. Addleton of Spalding: A bill to be entitled an act to provide that all hotels be equipped with certain protections and safeguards against fire; and for other purposes.
Mr. Caldwell of Troup moved to table HB 122, and the motion was lost.

The following resolution of the House was read:
HR 116. By "\lessrs. Gowen of Glynn, Durden of Dougherty, Hanison of Jenkins and Greer of Lanier:
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, Thursday, March 20, 1947, for the purpose of hearing a message from His Excellency, the acting 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 acting Governor to the session.
:'\lr. Elliott of :\luscogee moved that the House recess until 2:00 o'clock P. M., this afternoon, and the motion prevailed.
2:00 o'clock P. M.
The speaker called the House to order.
Mr. Elliott of Muscogee asked unanimous consent for the adoption of HR 116, and no objection was heard.
HR 116 was adopted.
:Messrs. Lewis of Hancock and Jones of Brantley requested that the journal of the House show that they voted against HR 116.

The following resolution of the House was read:
HR 117. By Mr. Jones of Brantley: Be it resolved by the House, the Senate concurring, that the General Assembly do now adjourn sine die.
The resolution was lost.

The following report was submitted and the speaker ordered the same included in the journal of the House:

884

JOURNAL OF THE HOUSE,

Atlanta, Georgia, March 17, 1947.

To: Honorable Fred Hand, Speaker of the House of Representatives;
Your committee on the Georgia State Sanitarium visited and inspected the Milledgeville State Hospital, located at Milledgeville, Georgia, on March 14th and 15th and makes the following findings and recommendations:
The hospital is said to be the largest single institution of its kind in the United States, having 8,923 patients and 993 employees. It is hard for one to visualize the immense proportions of this institution without seeing it in operation. Statistics reveal that 1 out of every 20 uf our population must go to such institutions. The problems confronted in maintaining and operating this institution upon a modern basis are many and for the most part can only be solved by the General Assembly appropriating sufficient funds with which to do the many things.
The institution has some of the finest buildings and facilities for the treatment of mental patients to be found anywhere, and on the other hand, it has some of the worst, deteriorated buildings and facilities, caused by old age and not worth repairing, that can be found anywhere, and it is to the latter that our recommendations bear most heavily on.
The most urgent needs of this institution at the present time can be enumerated as: (1) To increase the per capita expenditures; (2) Salary increases and retirement for medical and administrative staff (3) additional dormitory buildings_
We find that the per capita cost per diem of approximately 73c for this institution is entirely inadequate in the light of the present day cost of food, clothing, medical supplies, maintenance and other necessary items. We recommend that the present appropriation for the operation of this institution be increased by an additional amount of $880,000.00 per year so as to allow a minimum of $1.00 per capita per diem.
The institution is in need of more doctors and attendants than it has. but we are of the opinion that it is almost impossible to secure additional doctors or n~rses unless the salaries can be raised to meet the competition of the veterans' hospitals' salaries. Several members of the medical staff have recently resigned to become employees of veterans' hos pitals at higher salaries. We recommend that an additional annual appropriation of $75,000.00 he made available to materially increase the salary scale of the medical and nurses staff so that additional competent physicians can be obtained and the present staff maintained.
There is now under construction and will he completed soon a new. modern dormitory building, which will accommodate a maximum of 350 patients. It is of fire-proof construction, costing approximately $559,000.00.
There is also under construction and almost completed a dormitory building to house the criminally insane with a maximum capacity of 300 patients, which is of most modern, fire-proof construction and costing approximately $380,000.00. There is also under con struction a recreation and auditorium building, seating 2,500 patients and it is of modern, fire-proof construction, costing approximately $435,000.00.
There has also been recently completed, what is said to he the largest laundry in the South, which will contain more than $200,000.00 worth of the most modern equipment and produce 50,000 pounds of laundry per day. Most of the equipment has been installed and will begin operation very soon. This has been one of the most needed facilities at the hospital for a number of years. There has also been recently completed concrete enclosed porches and wing additions to the Powell Building East and West dormitories at a cost

WEDNESDAY, MARCH 19, 1947

885

of aproximately $81,000.00. There has also been recently constructed new dairy facilities.

We firid that a very fine laboratory, X-ray and pathology facilities have been completed or in the process of completion, which greatly improves the hospital facilities.

Four new brick staff residences for the medical staff are nearing completion.

The greatest need of the institution is for more modern, fire-proof buildings. For example, the Cabiness and Whittle Buildings, known as the Twin Buildings, which now house 1,600 white men, three stories and some parts four stories high are of wood construction with wood supporting columns, which this committee feels is a fire trap and should be demolished and replaced as quickly as possible. It is impossible to remodel these buildin~s aJ;~d make them suitable for hospital buildings. These patients should be housed in modern, fire-proof buildings, which we estimate from authoritative sources to cost approximately $2,000,000.00. We recommend that the present appropriation bill be amended to provide this money so that this condition may be alleviated as quickly as possible. There are no other facilities for the removal of these patients from this condition except to build new buildings.

There are three female detached buildings, some of which are two stories high. These buildings are of frame construction and it is difficult to maintain them in a sanitary condition due to their age and construction. It is recommended that these buildings be demolished and a new building constructed to house these patients at a cost of $450,000.00 and that appropriation be provided to do this.

With the above construction the white section of the hospital will have modem, fireproof buildings for all of its patients, both male and female.

The present negro buildings, due to their age and type of construction, are in worse shape than any buildings at the institution and are beyond repair. It would be a waste of money to attempt to remodel the buildings and your committee feels that they should be demolished as early as possible. There is more than 3,000 negro patients in these buildings, which are constructed together and is one of the worst fire hazards at the institution. It is estimated that it will cost approximately $3,900,000.00 to replace these old antiquated and dilapidated buildings and we recommend appropriations to do this.

The institution has a colony of negro patients about six miles from the main hospital, who carry on farming activities and where 300 patients are housed. They are housed in wooden buildings and all the facilities are frame construction, forty to fifty years of age and det'eriorated to such an extent that it is impossible to make reasonable repairs. We recommend that these buildings be demolished and three one-story dormitories, a dining hall and kitchen be constructed at the farm at a cost of $400,000.00.

We find that the institution has some fine dairies and is making progress and building

up pasturage and we are of the opinion that with more cows the patients could receive

more milk, therefore, we recommend an appropriation of $50,000.00 for the purchase of

additional dairy cattle with which to do this.

'

In order to fully equip the present new building under construction and to replace worn out equipment in other buildings, the institution should have an additional appropriation of $350,000.00 for beds, refrigerators, kitchen equipment, etc.

Your committee fully realizes that all of the construction that we have recommended could not be done at one time, however, we are of the opinion that if the present appropriation bill is amended to provide an additional $1,500,000.00 to the $1,000,000.00 which is now appropriated for building improvements at this institution, which would make an annual appropriation of $2,500,000.00, that within a few years the Milledgeville State Hospital will have modem buildings throughout and will be an outstanding example to other states.

886

JOURNAL OF THE HOUSE,

Your committee recommends that the present appropriation bill be amended to provide for an additional $1,355,000.00 for maintenance per annum of the Milledgeville State Hospital so as to cover the items referred to in this recommendation other than buildings.
We recommend that the name of the institution be changed from the Milledgeville State Hospital to the Georgia State Hospital at Milledgeville.
We wish to commend the. officials of the State Department of Public Welfare and the Milledgeville State Hospital for the excellent job they have done and are now doing with the facilities and means they have at their command, especially during the past few years and with the prevailing appropriation of 73c per capita per diem, and for the many court~sies and cooperation shown your committee during its tour of inspection at this institution.
Respectfully submitted
Lee W. Pennington, Chairman
R. A. Freeman, Secretary

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 Senate, to wit:

SR 33. By Senator Millican of the 52nd:
A resolution of the Senate, the House concurring, that a committee be appointed to install the Honorable M. E. Thompson as Governor of Georgia.

The president pro tern. has appointed on the part of the Senate as a committee of escort: Senators Daniell of the 49th,
Carswell of the 17th, Ferguson of the 13th, Millican of the 52nd, and Parker of the 54th.

SR 34. By Senator Bush of the 8th:
A resolution by the Senate, the House concurring, that the General Assembly convene in joint session in the hall of the House of Representatives at 12:00 noon, Thursday, March 20, 1947, for the purpose of hearing a message from His Excellency, the acting Governor, and that a committee of 5, 3 to be named by the speaker of the House and 2 by the president of the Senate, be appointed to escort the acting Governor to the session.
The president pro tern. has appointed on the part of the Senate as a committee of escort:
Senators Williams of the 31st, and Griffith of the 28th.

WEDNESDAY, MARCH 19, 1947

887

The following resolution of the Senate were read and adopted:

SR 33. By Senator Millican of the 52nd:
A resolution providing for the appointment of a committee on the part of the Senate and the House to install the Honorable M. E. Thompson as Governor; and for other purposes.

Under the provisions of SR 33, the speaker appointed as a committee on the part of the House, the following members:
Messrs. Gowen of Glynn, Harrison of Jenkins, Wilson of Bibb, Malone of Laurens, Nee! of Thomas, Watford of Long, and Key of Jasper.

SR 34. By Senator Bush of the 8th:
A resolution providing for a joint session of the House and Senate for the purpose of hearing a message from His Excellency, the acting Governor, and providing for the appointment of a committee of escort; and for other purposes.

Under the provlSlons of SR 34, the speaker appointed as a committee on the part of the House, the foliowing members:
Messrs. Wells of Clarke, Morris of Richmond, and Smith of Chatham.

The following resolution was read and referred to the Committee on Drainage:
HR 118'. By Messrs. Crowe of Worth, Jennings of Baldwin, Jones of Brantley, and Rich of Decatur:
A resolution proposing an amendment to the constitution so as to provide that all legislative power of the State be vested exclusively in the Supreme Court; and for other purposes.
Further consideration of HB 122 was resumed.
A substitute was offered by Mr. Addleton of Spalding tq HB 122.
A substitute was offered by Messrs. Twitty of Mitchell and Smith of Fulton to HB 122.
I
A substitute was offered by Mr. Gowen of Glynn to HB 122.
Three amendments offered by Mr. McMillan of Washington to the Twitty-Smith substitute to HB 122 were read and adopted.
An amendment offered by Messrs. Sabados of Dougherty and Lovett of Laurens to the Addleton substitute to HB 122 were read and adopted.
Two amendments offered by Mr. Harrison of Jenkins to the Addleton substitute to HB 122 were read and adopted.

888

JOURNAL OF THE HOUSE,

The following substitute, offered by Mr. Gowen of Glynn, to HB 122 was adopted:
A bill to be entitled an act to provide regulations to protect the occupants of buildings in this State ; to establish a building safety council; to make the insur ance commissioner an ex officio member of the building safety council; to provide for the administration of this act by the insurance commissioner; to authorize the appointment of a building safety director; and provide his powers and duties; to provide the powers and duties of the building safety council; to authorize the issuance of occupancy permits; to authorize the budget authority to allocate funds to carry out the provisions of this act; to provide penalties; 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
Georgia Building Safety Law. This law shall be known and may be cited as the Georgia Building Safety Law.

SECTION 2
Purpose of Article. It is the purpose of this act to protect life, and all its provisions shall be construed liberally to that end.

SECTION 3
Administration by Insurance Commissioner. The administration of such rea sonable rules and regulations which may be hereafter adopted by the building safety council which is herein provided for shall be enforced by the insurance commissioner through the agency of the building safety director, which is herein provided for, in cooperation with local officials as herein provided.
City ordinances and other local regulations may go more into detail, if desired, or may contain more stringent requirements provided the same do not conflict with the rules and regulations hereafter adopted by the said building safety council.

SECTION 4
Building Safety Council Created. There is hereby created a building safety council which shall consist of the following members: one architect, one structural engineer, one plumbing and heating contractor or engineer, one electrical contractor or engineer, one general contractor, one representative of labor, and one building inspector or other chief building official of a city in Georgia, the population of which according to the most recent U. S. census is not less than 25,000 people, and the insurance commissioner who shall be an ex officio member of said council. The first four described members shall be registered as architects or professional engineers in the State of Georgia. :Members of the building safety council shall be appointed by the Governor. The original terms of office shall be as follows: two members five years, two members for four years, one member for three years, one member for two years, and one member for one year. Thereafter their successors shall be appointed for a period of five years. Vacancies caused by resignation or otherwise shall be filled by the Governor by appointment for tqe unexpired term.

WEDNESDAY, MARCH 19, 1947

889

Within thirty days after passage of this act and the qualifications of its members the building safety council shall meet and organize and shall have power to elect its own officers and fix the time and places for its meetings, to adopt necessary rules of" procedure, ancf to adopt all other rules and regulations not inconsistent herewith which may be necessary for the proper discharge of its duties and it shall keep an accurate record of all its proceedings.

SECTION 5
Office of Building Safety Director Created. There is hereby created the office of building safety director who shall be appointed by the insurance commissioner with the consent and approval of a majority of the building safety council. The director shall be registered or eligible for registration as an architect or professional engineer in the State of Georgia.

SECTION 6
Duties of Building Safety Council. The building safety council is authorized and directed to perform the following acts:
(a) To prepare standards, rules and regulations for the approval of the department of public safety governing the issuance of certificates of occupancy. Such regulations shall include but not be limited to the following:
(1) Standards of exit safety consistent with the provisions of the building exit code approved by the American Standards Association known as American Standard A9.1-1946.
(b) To prepare standards, rules and regulations for the approval of the department of public safety governing the issuance of temporary occupancy permits. Such regulations shall include but not be limited to the following:
(1) An agreement on the part of the property owner to correct any substandard conditions which prevent the issuance of certificates of occupancy within the period of one year.
(2) Agreement by the owner of the property that such emergency measures as the building safety council may prescribe for the protection of the public from fire and panic will be enforced on the premises as long as the temporary occupancy permit is in effect.
(3) Any buildings occupied under temporary occupancy permit shall prominently display a sign or signs carrying the following wording, "Hazardous building, temporary occupancy permit expiring (Date) by authority of building safety director, State of Georgia."
(4) Temporary permits shall be for one year.
(c) Certificates of occupancy and temporary occupancy permits for existing buildings shall be issued only upon inspection of the premises and submission of a certified report of such inspection in such form as the council may prescribe. Subject to the approval of the insurance commissioner, the council may prescribe the qualifications of those persons making and certifying to such inspections with the _exception that for all structures more than three stories in height or having an occupancy, either theoretical or actual, of seventy-five or more persons, above or

890

JOuR:\'AL OF THE HOUSE,

below the first or ground floor, or a total occupancy of more than two hundred persons, the inspection shall he made under the supervision of and the report certified to by an architect or professional engineer regii!ered as such ig the State of Georgia.

Certificates of occupancy fm new construction shall be issued only upon sub mission of plans and/or other adequate description of the proposed construction certified to as prescribed above for existing buildings.

For both existing buildings and new construction the data to be submitted by the property owner with application for certificates or permits shall give a com parison of the actual or proposed features of the structure 'with the requirements of the building safety council in such form as to facilitate determination by the building safety director that the requirements are complied with or in case of de ficiencies to determine their nature and extent.

(d) To prepare rules for the approval of the insurance commissioner governing the amendment. revocation. and renewal of certificates and permits, such rules to include but not be limited to the following:

( l) Renewal of certificates shall be at intervals not exceeding five years.

(2) Temporary occupancy permits shall not be renewable nor shall same be extended except with the consent of a majority of the members of the building safety council.

(3) Revocation of certificatt>s or permits may be made without notice and effective immediately in cases of damage to the building by fire or otherwise, but in all other cases thirty days notice shall be given the property owner or his representative.

(4) Certificates or permits may be amended in case of change in occupancy. In the event changes in the building are required for the proposed occupancy such changes shall be made before the new occupancy starts or may be made under a temporary permit. Certificates of occupancy or permits are immediately and auto matically voided if any part of the building for which same have been issued is used for an occupancy other than those covered by such certificates or permits.

(e) To hear all appeals from decisions of the building safety director and recommend final action to the insurance commissioner.

(f) To prescribe standards, rules and regulations for the delegation of authority of the building safety director in the issuance of occupancy certificates to properly qualified and responsible building officials of cities and other incorporated communities. These regulations shall include but are not limited to the following:

( l) One copy of the occupancy certificate or permit and the inspection report on which issuance of same is based shall be filed with the building safety director.

(2 I The fixing of tesponsibility for enforcement of the provisions of this act on a single official who will be deputized by the state building safety director.

(3) The setting-up of adequate inspection routine, under the local building inspection or fire department, to determine the compliance of property owners with the requirements of this article, and report cases of non-compliance to the building safety director through his local deputy.

WEDNESDAY, MARCH 19, 1947

891

(g) To study and prepare a report for submission to the legislature in January, 1949, setting forth recommendations covering modifications in the scope and administration of this act to most effectively accomplish its purpose.
(h) Recommend for the guidance of property owners recognized building codes, plumbing, heating, boiler, ventilating, electrical, refrigeration, elevator, and other codes as standards for construction and equipment in buildings in portions of the State where such construction and equipment is not covered by municipal or other codes.

SECTION 7
Duties of Building Safety Director. The building safety director is authorized and directed to perform the following acts:
(1) Acts as secretary of the building safety council.
(2) Carry out and enforce all standards. rules, and regulations adopted by the building safety council and approved by the insurance commissioner.
(3) Issue certificates of occupancy and temporary occupancy permits.
(4) Employ such deputies and other technical and nontechnical assistants and clerical help as may be required for the performance of his duties under this act.
(5) Deputize properly authorized and responsible building officials of incorporated communities to act for him in the enforcement of this act within the limits of the incorporated communities which they serve, and make periodic inspections of their methods and effectiveness in enforcing the law.
(6) Make or cause to be made by his authorized assistants inspections of all buildings owned by the State of Geor~ia and its agencies.
(7) Contact officials of such other States and recognized building code, fire protection and safety organization and participate in their activities to such an extent as the building safety council may determine.
(8) Recommend to the building safety council such changes in their standards, rules and regulations as may appear desirable to simplify procedure, aid enforcement, avoid working unnecessary hardships on property owners or provide a more adequate degree of safety for the public.

SECTION 8
Certificates of Occupancy and Temporary Occupancy Permits. On and after the dates hereinafter set forth, it shall be unlawful for any person or persons to use or permit to be used any building or structure for which a certificate of occupancy or temporary occupancy permit is not in effect, or to use or permit to be used any such building or structure for occupancies other than those permitted by said certificate or permit.
After such dates, it shall be unlawful for any city, county or other political sub-division or agency of the State or any official thereof to issue any license or permit (except certificate of occupancy or temporary occupancy permit) to conduct any business or make any use of buildings for which certificate of occupancy or a temporary occupancy permit is not in effect.

892

JOURNAL OF THE HOUSE,

Owners of all buildings used as hotels, apartments, tenement houses, lodging houses, dormitories, multi-family houses, hospitals, sanitariums, corrective institutions, assembly halls, churches, school auditoriums, auditoriums, recreation halls, pavilions, places of amusement, dance halls, opera houses, motion picture theatres, theatres and other residential, institutional and public assembly occupancies shall be required to obtain a certificate of occupancy or temporary occupancy permit on or before the 31st day of December, 1947_
Owners of all other buildings and structures shall be required to obtain certificate of occupancy or temporary occupancy permit on or before the 31st day of December, 1948, with the exception of the following types of buildings:
(a) Dwellings and outbuildings in connection therewith; such as barns and private garages_
(b) Apartment 'buildings used exclusively as the residence of not more than two families.
(c) Buildings used for agricultural purposes other than schools or assembly halls which are not within the limits of a city or incorporated village.
(d) Temporary buildings or sheds used exclusively for construction purposes, not exceeding twenty feet in any direction, and not used for living quarters. Sixty days after date of passage and publication of this article it shall be unlawful to start construction of any new buildings, any additions to existing buildings or alterations exceeding forty per cent. of the value of the altered building until a certificate of occupancy covering the new or altered building has been obtained. All additions and/ or altered buildings covered in the foregoing shall conform to the standards for new buildings.
In all cases of change in occupancy where such change increases the occupancy hazard, as measured by the number of persons to be provided for, by more than fifty. per cent_, all additional exit facilities required shall meet the standards for new construction, and where the occupancy hazard is increased by more than one hundred per cent., all exits and the protection of all vertical shafts shall meet the requirements for new construction.
Certificates of occupancy or temporary occupancy permits shall be displayed at one or more places on the property as may be required by the director for the convenience of inspecting authorities. Sufficient copies of such certificates or permits will be furnished by the director for such display.

SECTION 9
Fees and Costs. The building inspector is hereby authorized and required to charge the following fees:
(a) Certificates of occupancy and temporary occupancy permits:
(I) $5.00 per building where no more than two types of occupancy are included plus $2.00 for each additional type of occupancy housed in the same building. This to include owner's official copy and all required display copies of certificates and permits.
(2) Renewals, amendments, and replacements duplicates, $2.00 per building of not more than two types of occupancy plus $1.00 for each additional occupancy.

WEDNESDAY. MARCH 19, 1947

893

(b) Fees required under (a) may be waived in case of buildings owned by State, counties, cities and school boards and also for churches and charitable organizations.
(c) At the discretion of the council, the director may, upon application by the property owner, undertake by contract to make inspections of such types of existing buildings as the council may direct. The council is hereby authorized to fix fees .for such services which shall be not less than the actual cost to the State for providing such service. Except as provided herein, the property owner shall at his own expense make the inspections and reports required for the issuance of certificates and permits.
(d) All fees and charges required hereunder shall be paid in advance of the issuance of permits and the performance of service.

SECTION 10
The budget authority is hereby authorized to allocate from any funds in the treasury not otherwise appropriated such sums as are necessary or proper to carry this act into effect. The salary of the director shall be fixed by the insurance commissioner with the approval of the director of the budget.

SECTION 11
Appeals. Appeals from the decisions of the director may be taken. to the building safety council who shall make a recommendation to the insurance com missioner whose decision shall be final.

SECTION 12
Penalties. Any person, firm or corporation who shall violate any proviSIOn of this act or who shall fail or refuse to comply with any regulation lawfully promulgated hereunder shall be guilty of a misdemeanor and upon conviction by a court of competent jurisdiction shall be fined not to exceed one hundred ($100.00) each day ihat such violation exists shall constitute a separate offense.

SECTION 13
That all laws and parts of laws in conflict with this act be, and the same are hereby Pepealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the hill, by substitute, ~he ayes were 119, nays 4.
The bill, having received the requisite constitutional majority, was passed, by substitute.
Under the order of business established by the Committee on Rules, the following hills of the House were taken up for consideration and read the third time:

894

JOURNAL OF THE HOUSE,

HB 83. By Mr. Hand of Mitchell:
A bill to be entitled an act to conserve and promote the prosperity and welfare of the persons engaged in agricultural production and distribution and industries related thereto; directing the commissioner of agriculture in cooperation with the Governor of Georgia to form the Georgia agricultural development commission; and for other purposes.

The committee substitute to HB 83 was read.

By unanimous consent, further consideration of HB 83 was postponed.

HB 360. By Messrs. Joel and Wells of Clarke:
A bill to be entitled an act to amend the charters granted by the superior courts of this State; and for other purposes.
The committee substitute to HB 360 was read.
By unanimous consent, the House instructed the clerk to prepare another engrossed copy of HB 29, which had been lost in the Senate, and forward same to the Senate.

The following resolutions were read and adopted:
HR 119. By Mr. Twitty of Mitchell:
A resolution of the General Assembly petltwning the national Congress to pass permanent legislation to maintain a floor of not less than 90 per cent. of parity on all basic farm crops; and for other purposes.

HR 120. By Messrs. Chalker of Pulaski and Caldwell of Troup:
A resolution concerning the illness of Hon. Q. L. Claxton of Camden county; and for other purposes.

HR 121. By "'Ir. Crowe of Worth:
A resolution memorializing Congress to provide the neces~ary funds to meet all operating expenses of the public employment services; and for other purposes.

HR 122. By Messrs. Smith of Clayton and Mathis of Lowndes:
A resolution in reference to preserving in the records a copy of the speech made by the Hon. Frank Twitty immediate!y after the decision of the Supreme Court.
Mr. Elliott of Muscogee moved that the House do now adjourn, and the action prevailed.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, and HB 360 went over under tht> Ol'der of unfinished business.

THURSDAY, MARCH 20, 1947
Representative Hall, Atlanta, Georgia. Thursday, :\larch 20, 1947.
The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain.
By unanimous consent, the call. of the roll was dispensed with. :\Ir. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the journal was dispensed with. The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
l. Reports of standing committees. 2. Second reading of bills and. resolutions, favorably reported. 3. Third reading and passage of local uncontested bills and resolutions. 4. Third reading and passage of general bills with local application. 5. First reading and reference of Senate bills and resolutions.
The following message was received from the Senate through ~Irs. Nevin, the secretary thereof:
:\Ir. Speaker: The Senate has passed by the requi!'ite constitutional majority the following bills of
the House, to wit:
HB 451. By :\lr. Oden of Pierce: A bill to be entitled an act to consolidate and revise the charter of the City of Blackshear; and for other purposes.
HB 478. By Messrs. Mavity and Crowe o.f Walker: A bill to be entitled an act to create a new charter for the City of Rossville, in the County of Walker, and to provide for a mayor and council form of government; and for other purposes.
HB 219. By Mr. Johnston of Lowndes: A bill to be entitled an act to create a board of commissioners of roads and reve nues in and for the County of Lowndes; and for other purposes.

896

JOURNAL OF THE HOUSE,

HB 313. By Messrs. Johnston and Mathis of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta; to provide for the abolition of the offices of mayor and councilmen; and for other purposes.

HB 339. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to repeal an act entitled an act to amend an act approved February 6, 1873, appearing on pp. 219, et seq., of the published acts of the General Assembly of Georgia of 1873 to establish a county board of commissioners for the County of Bibb; and for other purposes.

HB 362. By Messrs. Mathis and Johnston of Lowndes:
A bill to be entitled an act to amend an act establishing a public school system for the City of Valdosta; and for other purposes.

HB 363. By Messrs. Edenfield and Smith of Emanuel:
A bill to be entitled an act to incorporate the own of Morristown, in the County of Emanuel, to define its corpoq1.te limits; and for other purposes. .

HB 390. By Messrs. Flynt and Addleton of Spalding:
A bill to be entitled an act to amend the charter of the City of Griffin, in Spalding county, Georgia; and for other purposes.

HB 391. By l\Ir. Coogle of :Macon:
A bill to be entitled an act to amend section 2 of an act approved August 9, 1912. entitled an act creating a board of commissioners for the County of Macon; and for other purposes.

HB 413. By ~lr. Smith of Clayton:
A bill to be entitled an act to amend an act approved August 14, 1908, entitled an act to incorporate the Town of Forrest Park; and for other purposes.

HB 416. By Mr. Hampton of Fannin:
A bill to be entitled an act to amend an act to create the office -of commissioner of roads and revenues of Fannin county; and for other purposes.

HB 421. By Mr. Dykes of Bleckley: A bill fixing salaries for elective county officials in the County of Bleckley.

THURSDAY, MARCH 20, 1947

897

HB 447. By Mr. Knabb of Charlton:
A bill to be entitled an act to amend an act to create a board of commissioners for the County of Charlton; and for other purposes.

HB 474. By Mr. Nightingale of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick in the County of Glynn; to extend the corporate limits of said city; and for other purposes.

HB475. By Messrs. Cochran and Neel <if Thomas:
A bill to be entitled an act to amend the charter of the City of Meigs in the Coun ties of Thomas and Mitchell; and for other purposes.

HB 477. By Messrs. Jordan and Dobbs of Gwinnett:
A bill to be entitled an act to amend an act entitled an act to fix the salary of the treasurer of Gwinnett county; and for other purposes.

HB 481. By Messrs. Nightingale and Gowen of Glynn:
A bill to be entitled an act to amend an act creating the board of commissioners of roads and revenues for Glynn county, so as to authorize said commissioners to levy a tax for school purposes; and for other purposes.

HB 486. By Mr. Wells of Clarke:
A bill to be entitled an act to prohibit and to regulate within the territory limits of any county in this State having a population of between 28,390 and 29,000 according to the U. S. census of 1940, the solicitation of votes for any person or proposition; and for other purposes.

HB 491. By Mr. Swindle of Berrien:
A bill to be entitled an act to amend the act passed by the General Assembly of Georgia creating a board of commissioners of Berrien county; and for other purposes.

HB 492. By Mr. Swindle of Berrien:
A bill to be entitled an act to amend the act of Georgia creating a board of com missioners of Berrien county; and for other purposes.

HB 493. By Mr. Bradley of Tattnall:
A bill to be entitled an act to incorporate the City of Reidsville, by abolishing the present charter of said city and writing a new charter; and for other purposes.

898

JOURNAL OF THE HOUSE,

HB 495. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to extend the corporate limits of the City of Carrollton three-fourths of a mile beyond the territorial limits; and for other purposes.

HB504. By Messrs. Gowen and Nightingale of Glynn:
A bill to he entitled an act to amend an act creating a new city court of Bruns wick; and for other purposes.

HB 50!r. By Mr. Whaley of Telfair:
A bill to he entitled an act to establish and constitute a new charter for the City of Milan; and for other purposes.

HB509. By Mr. Whaley of Telfair:
A hill to he entitled an act to amend an act of the General Assembly creating the office of commissioner of the County of Telfair; and for other purposes.

HB 510. By Mr. Garrison of Habersham:
A hill to be entitled an act to amend an act establishing the city court of Haber sham county; and for other purposes.

HB513. By Mr. Cowart of Calhoun:
A hill to he entitled an act to require the commissioners of roads and revenues of Calhoun county, Georgia, to make and publish quarterly statements of county ex penditures; and for other purposes.

HB 514. By Mr. Cowart of Calhoun:
A hill to he entitled an act to abolish the office of tax collector and tax receiver in the County of Calhoun; and for other purposes. '

HB 516. By Messrs. Reid and Smith of Carroll:
A hill to he entitled an act to amend the charter of the City of Villa Rica; and for other purposes.

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

THURSDAY, MARCH 20, 1947

899

SB 6. By Senator Sams of the 26th:

An act to amend an act approved March 20, 1943, amending an act approved March 15, 1935, and particularly section 2 of the act first referred to, by changing the required degree of disability from twentyfive per centum, to ten per centum; by amending section 3 of said act to provide that eligible veterans may not be limited as to the number of businesses exempted; and for other purposes.

The Senate has passed by the requisite constitutional majority the following resolution of the Senate, to wit:
SR 36. By Senators Pannell of the 43rd and Millican of the 52nd:
A resolution providing upon the receipt of the bills and resolutions, the secretary of the Senate and the clerk of the House are hereby directed to deliver the same to His Excellency, the acting Governor, foe his consideration in compliance with the constitution.

The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, to wit:
HE 243. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel, and others:
A bill to be entitled an act relating to the regulation of rates for casualty insurance including fidelity, surety and guaranty bonds, and for all other forms of motor vehicle insurance; and for other purposes.

\1r. Ramey of Chattooga County, chairman of the Committee on Counties and County \1atters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 112. Do Pass.

SB 129. Do Pass.

Respectfully submitted,

Ramey of Chattooga, Chairman

900

JOURNAL OF THE HOUSE,

Mr. Claxton of Camden, chairman of the Committee on Engrossing, submitted the fol lowing report:

Mr. Speaker:

Your Committee on Engrossing has examined and found properly engrossed, the follow-

ing bills and resolutions of the House, to wit:

HB 521. HB 254. HB 454. HB 505. HB 519. HB 388. HB 525. HB 281. HB 457. HB 523. HB 524. HB 389. HB 384. HB 517. HB 532. HB 349. HB 458. HB 443. EB 383, HB 459. HB 488. HB 197. HB 250. HB 527. HB 526. HR 61-303A.

HR 83-391A. HR 96-476A. HR 70-338A. HR 34-130A. HR 92-465A. HR 97-476B. HR 67-336A. HR 105-516A. HR 98-483A. HR 90-445A. HR 35-130B. HR 104-504A. HB 193. HB 229. HB 329. HB 435. HB 452. HB 456. HB 472. HB 261.

THURSDAY, MARCH 20, 1947

901

Respectfully submitted,
Claxton of Camden, 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 has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 125. Do Pass.

Respectfully submitted,

Hicks of Floyd, Chairman

902

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 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 18. Do Pass.

SB 130. Do Pass.

SB 107. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman

By unanimous consent, the following bills. of the Senate, favorably reported, were read the second time:
SB 130. By Senators Walker of the 45th, Overstreet of the 18"th, Weaver of the 51st, Trippe of the 38th, and others:
A bill to be entitled an act to fix and equalize the salaries of the secretary of state, attorney general, state superintendent of schools, comptroller general, treasurer, commissioner of agriculture, members of the public" service commission and com missioner of labor; and for other purposes.

SB 18. By Senators Millican of the 52nd and Woodall of the 25th:
A bill to be entitled an act to fix the compensation to be paid the State superin tendent of schools at $7,500.00 per annum; and for other purposes.

SB 107. By Senators Bush of the 8th and Knox of the 29th:
A bill to be entitled an act to amend an act so as to enable insurance commissioner to appoint a chief deputy insurance commissioner and not more than two other deputy insurance commissioners; and for other purposes.

SB 112. By Senator Millican of the 52nd:
A bill to be entitled an act to provide that all counties in this State having a popu lation of 300,000 or more shall have power and authority by action of the board of commissioners of roads and revenues thereof or other county authority having charge of roads and revenues to assess and collect license fees and charges from all persons, firms and corporations maintaining a place of business in any area of said counties not embraced within the incorporated limits of municipalities; and for other purposes.

THURSDAY, MARCH 20, 1947

903

SB 129. By Senator Hogg of the 24th:
A bill to be entitled an act to authorize and direct the governing authorities of the County of Marion in charge of the finances thereof, to pay to the sheriff of said county the sum of $50.00 per month in addition to the fees and compensation now authorized by law; and for other purposes.

SB 125. By Senator Callaway of the 35th:
A bill to be entitled an act to amend an act pertaining to gain or loss on exchange of property; and for other purposes.

By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage:
SB 83. By Senator Millican of the 52nd:
A bill to be entitled an act to provide a law department of Fulton county; and for other purposes.

The following amendment to SB 83 was read and adopted:
Messrs. Kendrick, Etheridge and Smith of Fulton move to amend SB 83 as follows:
By striking the word "five" in the third line of section 2 of said bill and by sub stituting therefor the word "four", and by adding to the first sentence of ~ection 2 of said bill a new clause to read as follows: "except that the term of the first county attorney of Fulton county to be elected after approval of this bill shall expire December 31, 1950."
Also by adding to section 2 of said bill a new sentence to read as follows: "The county attorney may be removed from office after conviction by majority
vote of all members of the board of commissioners of roads and revenues of Fulton
county of either malfeasance, nonfeasance or misfeasance in office at public trial on written charges preferred of which charges the county attorney shall have ten days' notice in writing."
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, nays 0.
The bill having received the requisite constitutional majority, was passed, as amended.

SB 126. By Senator Dean of the 34th :
A bill to be entitled an act to amend an act relating to the commissioner's office of Rockdale county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The hill, having received the requisite constitutional majority, was passed.

904

JOURNAL OF THE HOUSE,

SB 127. By Senator Dean of the 34th:
A bill to be entitled an act to amend an act entitled "Rockdale Tax Commissioner Created"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.

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

HB 507. By Mr. Conger of Tift: A bill to be entitled an act to amend an act creating a new charter for the Town of Omega; and for other purposes.
The report 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 546. By-Messrs. Cochran and Neel of Thomas: 'A bill to be entitled an act to amend the charter of the Town of Pavo; and for other purposes.
The report 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.

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

SB 6.

By Senator Sams of the 26th:
A bill to be entitled an act to amend an act by extending the provisions of said act to veterans who engage in any profession, or semi-profession; and for other purposes.

Referred to Committee on Veterans Affairs.

The following report of the Committee on Rules was submitted and read:
:Mr. Speaker: Your Committee on Rules, having had under consideration the fixing of a calendar

THURSDAY, MARCH 20, 1947

905

for today's business, has established as an order of business beginning immediately after the period of unanimous consents at today's session, the following hills and resolutions, to wit:
HR 74-376. Committee to report on tax structure. HB 522. State patrol hill. HR 41183A. Milledgeville property. HB 385. Training school. 1. HB 83. Peanut hill. 2. HB 431. Teacher retirement. 3. HB 255. Report insurance company. 4. HB 245. Admission to bar. 5. SB 5. Equal education opportunities. 6. SR 10. Right to work. 7. SB 16. Gratuitous depositories. 8. SB 19. Appointment, notaries public. 9. SB 20. State library. 10. SB 25. 1uvenile delinquent schools. 11. SB 32. Twelve grades, common schools. 12. SB 33. County school superintendent compensation. 13. SB 53. Director public health-compensation. 14. SB 69. Five day hank week. 15. SB 72. Investment proceeds of bonds. 16, SB 73. Judgment of sanity by ordinary. 17. SB 86. Liquor advertising.

18. SB 87. Veterans discharge certificate. 19. SB 90. Amend wine act. 20. SB 109. Local school district bonds. 21. SB 102. Exemption-taxation-hospitals. 22. SB 113. Powers, county boards of education.

23. SB 96. Salary, deputy clerk, Supreme Court. 24 SB 101. Rights of way for clay pipe lines.

906

JOURNAL OF THE HOUSE,

25. SB 97. Quarters for veteran organizations.
26. SB 116. Auditor's salary.
All general bills with local application will be called up for vote by the speaker in any order that he desires.
The Rules Committee authorized the speaker to call up any bills herein set forth in any order that he desires.
Elliott of Muscogee, Vice-Chairman

The following resolution was read and adopted:
HR 123. By ;vlessrs. Gowen of Glynn, Durden of Dougherty, Harrison of Jenkins and Greer of Lanier:

A RESOLUTION

WHEREAS, the General Assembly of Georgia has acted under a misapprehension of the law in assuming that the Honorable Herman Talmadge was the duly authorized and lawful Governor of this State; and,

WHEREAS, the Supreme Court of Georgia on :\1arch 19, 1947, rendered its decision holding that the General Assembly was without authority to elect a Governor, and ruling specifically that "in mch circumstances the General Assembly undertook to elect another person as Governor, namely the Honorable Herman Talmadge, such attempted election was a void act, which did not confer upon him any right or title to the office for Governor"; and,

WHEREAS, the Constitution of Georgia makes it mandatory that "the Gover-

nor shall have the revision of all bills passed by the General Assembly before, the

same shall become laws"; and,

WHEREAS, practically all of the bills passed by the General Assembly were directed to the Honorable Herman Talmadge, rather than to the Honorable ::\1. E. Thompson,' the lawful acting Governor of the State of Georgia; therefore,

BE IT RESOLVED by the House, the Senate concurring, that the Secretary of State and any other person who may have bills or resolutions passed hy this session of the legislature be, and the same are hereby directed to return all Senate bills and resolutions to the secretary of the Senate, and all House bills and resolutions to the clerk of the House of Representatives.

BE IT FURTHER RESOLVED, that upon the receipt of the, bills and resolutions, the secretary of the Senate and the clerk of the House are hereby directed to deliver the same to His Excellency, the Acting Govrnor, for his consideration in compliance with the constitution.

The following resolution was read:
HR 124. By Mr. Greer of Lanier:
BE IT RESOLVED BY tHE HOOSE OF REPRESENTATIVES OF THE STATE OF GEORGIA, AND IT IS HEREBY RESOLVED by the authority of the same as follows:

THURSDAY, MARCH 20, 1947

907

That the report of the committee heretofore adopted by this House censuring Representative Stafford Brooke of the County of Whitfield, he and the same is hereby repudiated by this House, and the clerk of the House is hereby authorized and directed to expunge this report from the records.
It is further Resolved by the House, that Representative Brooke was right and deserves the commendation of this House.
At the request of Mr. Brooke of Whitfield, HR 124 was withdrawn from further con sideration of the House.

The following resolution of the House was read the third time:
HR 74-376a. By Messrs. Nightingale of Glynn, Key of Jasper and Lovett of Laurens: A resolution to authorize and provide for a committee on the revision of the tax laws of the State of Georgia; and for other purposes.

The following amendment was read and adopted:
Mr. Nightingale of Glynn moves to amend HR 74-376A:
By adding at the end of section 1 the following words:
"that such committee investigate all departments of the State to ascertain where economies can be effected in their operation and thereupon recommend methods for perfecting such economies and methods for reducing expenditures and eliminating unnecessary and unwarranted overhead and disbursements; that such committee further investigate the present provisions of the State Constitution regarding all provisions in any way dealing with taxes, allocation of taxes, appropriations, and all other provisions of said constitution dealing with finance, taxation, and the public debt of the State and all subdivisions thereof, and make suitable recommendations as to all provisions in the State Constitution which may, in the opinion of the committee, require change, revision, or elimination in order to establish an equitable and fair system of taxation and the proper allocation and appropriation of taxes of all kinds."
On the adoption of the resolution, as amended, the ayes were 91, nays 36.
The resolution was adopted, as amended.
By unanimous consent. the resolution was ordered immediately transmitted to the Senate.

Under the order of business established by the Committee on Rules, the following hill of the House was again taken up for consideration:
HB 360. By Messrs. Joel and Wells of Clarke:
A hill to he entitled an act to amend a,n act to amend the charters granted by the superior courts of this State; and for other purposes.

908

JOURNAL OF THE HOUSE,

The following committee substitute to HB 360 was adopted:
An act to authorize any corporation heretofore or hereafter granted a charter by a superior court or judge thereof, in the absence of inconsistent provisions in its charter, to fix the rate of dividends and the times of payment thereof, on any issues of its preferred or special capital stock, by the resolution of a stockholders authorizing such issue of preferred or special stock, instead of by charter provisions fixing the rate of dividends and times of payment; and for other purposes.

SECTION I
Except as hereinafter stated, any corporation heretofore or hereafter granted a charter by a superior court or judge thereof, shall have the power to fix the rate of dividends and the times of payment thereof, on any issue of its preferred or special capital stock, by the resolution of stock-holders authorizing such issue of preferred or special stock, instead of by charter provisions fixing. the rate of dividends and times of payment.
SECTION II
Any corporation, whose charter, or any amendment thereof, contains proVIswns, fixing the rate of dividends on such preferred or special stock or the times of payment thereof, or other provisions inconsistent with section one above, shall not have the powers provided by said section one, unless its charter be so amended as to either specifically grant it such powers or eliminate such inconsistent provision.

SECTION III All laws and parts of laws in conflict herewith are 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 hill, by substitute, the ayes were 128, nays 0. The bill, having recei~ed the requisite constitutional majority, was passed, by substitute.

Under the order of business established by the Committ~e on Rules, the following hill of the House was again taken up for consideration:
HB 385. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A hill to he entitled an act to establish a branch of the Georgia State training school for boys to he named the North Georgia Branch of the Georgia State Training School for Boys; and for other purposes.
An amendment offered by Messrs. Kendrick, Etheridge and Smith of Fulton was adopted.
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 47, nays 70.
The hill, having failed to receive the requisite constitutional majority, was lost.

THURSDAY, MARCH 20, 1947

909

The following resolution of the Senate was read and adopted:

SR 36. By Senators Pannell of the 43rd and Millican of the 52nd:
A resolution directing the secretary of the Senate and the clerk of the House to deliver certain bills and acts to the Acting Governor; and for other purposes.

Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time:
HB 255. By Mr. McCracken of Jefferson:
A bill to be entitled an act to amend the code in reference to reports of 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 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 431. By Mr. Kenimer of Harris: A bill to be entitled an act to require deductions from teachers salaries as pro vided in the Teacher Retirement Act; 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 aye were 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 522. By Messrs. Davis of Bartow, Williams of Jones, Bagby of Paulding, and others:
A bill to be entitled an act to amend an act entitled Public Safety Department; and for other purposes.

The following amendment was read and adopted:
. M. r. Bagby' of Paulding moves, to amend HB 522:
By striking from section 2, line 8 thereof, the figure "2" and in lieu thereof the figure "3", so that when amended, line 8 shall read: "3 captains at $2,700.00 per year, each".

910

JOURNAL OF THE HOUSE,

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

On the passage of the bill, as amended, the ayes were 122, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.
.
HB 437. By Messrs. Howard and MeWhorter of DeKalb, Durden of Dougherty and Elliott of Muscogee:

A bill to be entitled an act to amend the Code of Georgia in reference to the authority of the public service commission as to reciprocal agreements; and for other purposes.

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

On the passage of the bill, the ayes were 131, nays 0.

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

By unanimous consent, all the bills passed prior to this time were ordered immediately transmitted to the Senate.

The hour of convening having arrived, the Senate appeared upon the floor of the House, and the joint session, convened for the purpose of hea~ing a message from His Excellency, Acting Governor M. E. Thompson, was called to order by the speaker of the House.

The secretary of the Senate read the resolution providing for a joint session.

Accompanied by the committee of escort and other distinguished guests, Acting Gov ernor M. E. Thompson appeared upon the floor of the House and delivered the following address:
Mr. President, Mr. Speaker, Ladies and Gentlemen of the General Assembly:
Today, again, law and order prevails in Georgia. The people's right to select their chief executive has been reaffirmed and established for all time. Georgians have reiterated their determination to retain for themselves the responsibility and duty of electing those who would represent them in executive offices, in legislative halls and on the courts. The attempt of a small group to usurp this right and power has failed.
Under the ConstiPution created by the people, the duty of representing the people of this great state as their chief executive has become my responsibility._
Last summer, when I faced the people of this state in a plea for nomination to the office of Lieutenant Governor by the Democratic Party of Georgia, I promise$~ that I would cooperate with whomever the people saw fit to elect as their Governor.
You are familiar with the fact that in that campaign the people gave me a substantial plurality in both county unit vote and popular vote over my opposition, consisting of five outstanding Georgians.

THURSDAY, .MARCH 20, 1947

911

At the Democratic Convention held in Macon last O~tober, the delegates and the people of our state received assurances from me, along with other nominees of the Democratic Party, that I would support the platform adopted at that convention. From that determination I have not wavered or sought to interpret that platform for any selfish reason.

The delegates in convention, and those Democrats who were not privileged to attend, accepted the platform in good faith.

They did not expect bolters from the party in the general election. They even passed a strong resolution condemning those who would attempt to do so.

Least of all, did they expect leaders in the party convention to conduct a write-in campaign in opposition to the nominees of the party.

The platform called for the reEtoration of the white primary in Georgia. The people who v.-rote and adopted that platform believed in a white primary, but they believed in a white primary that would work. They did not believe in a white primary which could disfranchise, without recourse, any voter in the state. They never thought of putting their stamp of approval on a plan of party organization which was designed to serve the purposes of a small group of self-seeking politicians, who, repudiated at the polls in their home counties, would seek to control future elections in the State of Georgia by manipulating party rules for their own selfish interests.

I am for a white primary but I am not for any measure or legislation that would strike out every primary election law from the statutes of our state and allow fraud and stolen elections to run rampant in Georgia. I know in my heart and mind, and you know, that while the people of this state voted for a white primary they did not vote for dishonest elections, for people to be disfranchised without cause, for a small self-selected group to control the rules and regulations of every future election in our state.

Ladies and Gentlemen of the General Assembly, you have two measures now progressing through the Legislature that will assure Georgia of a white primary that will work, of a white primary that will be fair, and if you earnestly want a white primary law, and just that, it is my hope that you will speedily pass these bills before the end of this session.

The Democratic Party platform called for the preservation of the county unit system. The people who adopted that platform are not for any measure that, under the guise of a county unit bill, would in reality lay the ground work for the complete destruction of the county unit system by placing it absolutely in the hands of a small group who could by simply changing a few party rules do away with it completely. The county unit system should be retained in our state primary laws where it has been so effectively protected for many, many years. By retaining it in the state laws it is safe from unscrupulous politicians who would not hesitate to scuttle it at any time that it might suit their selfish aims.
It should also be remembered that the Democratic platform very definitely called for an expansion of state services for the people of Georgia. Most of these services are long overdue and our people have a right to expect no further delay in making them available.
Our public school teachers were promised in the Democratic Party platform, and, so far as I know, by every member of the General Assembly, a minimum of fifty per cent increase in their salary. No more patriotic, unselfish and patient service is being rendered to our people than that by our public school teachers. We must not fail in the solemn obligation which we have made to them. The increase in public school funds should be such as to not only make provision for the fifty per cent increase in teachers' salaries, but corresponding increases in other necessary costs in the operation of our schools.

912

JOURNAL OF THE HOUSE,

The institutions in our University System are terribly overcrowded, and some of our boys and girls are being denied admission by lack of adequate facilities. Even some of our young men just home after many weary months spent in military barracks and tents are unable to obtain comfortable living quarters while they continue their studies for a more useful citizenship to our state in the future.

Health facilities in certain sections of our state, especially in sparsely settled areas, are woefully lacking. Trained physicians will be reluctant to move into our rural areas, where they are needed most, so long as it is impossible for them to obtain facilities needed for carrying on their work. The Democratic Party platform obligated the state to cooperate with the federal government and local units in establishing, constructing and equipping hospital facilities throughout the .various sections of our state. Investment now in the health of our people will pay dividends in the future.

The old aged, blind, dependent and crippled children, as well as wards of the state in our welfare institutions, were promised increased benefits by the Democratic Party.

Farmers were promised expanding marketing facilities, together with the construction of farm-to-market roads in order to make it possible for them to market their produce at the best time and for the highest possible price. Georgia farmers have learned how to produce in ever increasing quantities. They need aid in helping them in the proper marketing of the fruits of their toil. Promises made by the Democratic Party to Georgia farmers should be kept.

These expanded state services are dependent on revenue available for that purpose.

Never again should the State of Georgia be plunged into debt. I tell you quite frankly.

that if no additional revenue is made available it will necessitate breaking certain promises

solemnly made for expansion of some of these services. It will be my purpose to see first

that .the teachers receive the increased salaries promised them, even if other services have

to be curtailed. However, as an educator, I would sorely regret seeing those in my pro-

fession put on the spot by being favored too much at the expense of other state services, but

the teachers will be paid their increase in salary.

When the delegates at the State Democratic Convention adjourned on October 9th, they expected no further political campaign on state issues until 1950. They certainly did not expect, and, I am sure, did not approve another political campaign as early as January, 1947. Those who sought to seize the State of Georgia for their selfish ends, and who undertook to prostitute the Democratic platform to extend their reign, now have no right to speak for the Democratic Party. Their program is not the people's program, it is not the Democratic program, it is not my program. No selfish group can exploit Georgia, and no selfish group will ever control Georgia so long as elections are free. I hope to lead my fellow citizens in a program that will embody the true principles of the Democratic Party and which will preserve the best in our own traditions.

Now that political campaigns are over, at least for the present; now that the issue that has torn our ranks asunder has been settled by our highest tribunal, it is time for all Georgians to close ranks, fill in the gaps which have been caused by dissention, and march forward toward a greater and brighter future for our state.

With malice toward none and charity for all, I have the sole ambition to give the very best that is in me toward doing a good job as chief executive of the State of Georgia. I shall not dodge or shirk the responsibility that has fallen on me.

To the end that we may restore order out of chaos; that we may forget personal political differences and bickerings; that we may forget ourselves in the interest of those whom we are privileged to serve; that we may prove to ourselves and demonstrate to others that after all we are a great people, I solicit your prayers and help, and in turn pledge
you mine.

THURSDAY, MARCH 20, 1947

913

:\lr. Elliott of :\Iuscogee moved that the joint session be now dissolved, and the motion prevailed.
The speaker called the House to order.
Under the provisions of HR 45, the speaker announced the House recessed until 1:30 o'clock P. M. this afternoon.

/
The speaker called the House to order.

1:30 o'clock P. M.

The following resolution was read and adopted:

HR 125. By Messrs. Smith of Bryan and Oark of Liberty:
A resolution providing that the committee heretofore appointed by the speaker is authorized to attend the further hearings in Washington, D. C., on April 1, 1947, for the purpose of representing the residents of Georgia affected by the disposal of the land included in Camp Stewart, Georgia; and for other purposes.

Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:

SB 69. By Senators Tarbutton of the 20th, Grayson of the 1st, and Tippins of the 48th:
A bill to be entitled an act to amend the code in refeTence to bank days; and for other 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. McMillan of Washington moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Addleton Anglin Arnall Avera Bargeron Battle Beddingfield Bloodworth Britton

Callier Cates Causey Cheek Cheshire Oark Cochran Covington Cowart Crowe of Worth Davis

Durden Dykes Edenfield Elliott Ellis Etheridge of Baker Etheridge of Fulton Evans Eve Flynt Garrard

914

JOURNAL OF THE HOUSE,

Garrett Gibbons Green of Rabun Greene of Crisp Hall Harrison of Jenkins Higgs Hill Hinson Hobby Holleman Howard of DeKalb Huddleston Jenkins Jennings of Baldwin Joel Johnson of Bulloch Johnston of Lowndes Jones Jordan Kemper Kendrick Kenimer Kenyon Lewis of Hancock

Lovett McCracken McMillan Mallard Malone Mann of Henry Mann of Rockdale Mason Mathis Mavity Meeks Mitchell Moore of Taliaferro Morgan Morris Morrison Moye of Washington Nee! Nicholson Nightingale Oden Pearlman Pennington Ramsay Reid

Those voting in the negative were Messrs.:

Bagby Black Bostwick Briscoe Bruton Caldwell Campbell Caswell Chance Coogle Cox Fowler

Gary Glisson Hampton Harrison of Jpfl Davis Hurt Ingle Knabb Littlejohn Lockett Long McWhorteJ Manous

Those not voting were Messrs:

Adams of Wheeler Ansley Barrett Bennett Bradley

Brooke Byrd Chalker Claxton Conger

Rich Rowland Rucker Sabados Shields Skinner Smith of Bryan Smith of Chatham Smith of Clayton Smith of Fulton Stevens Thompson Towill Twitty Tuten Vickers Wells of Clarke Wells of Lincoln Williams of Jones Williams of Toombs Williams of Ware Wilson Yawn
Massey Mathews Miller Murphy Padgett Pulliam Seagraves Swindle Trulock Vandiver Welsch Willingham
Crow of Walker Dobbs Dorsey Evitt Freeman

THURSDAY, MARCH 20, 1947

915

Garland Garrison Gibson Goldberg Gowen Greer Groover Hagan Hardin of Glascock Hardin of Turner Hardy Harrison of Wayne Hefner Henderson Hicks Holbrook

Howard of Dawson Hubert Jennings of Sumter Key Kidd King Knight Leverette Lewis of Greene Lokey Moore of Lumpkin :'\foye of Lamar Overby Phillips Rainey Ramey

Ray Riddlespurger Risner Salter Sills Smith of Carroll Smith of Emanuel Smith of Oglethorpe Tuttle Walker Watford Whaley Williams of Mctntosh Willoughby Witherington

The roll call was verified.

On the passage of the bill, the ayes were 106, nays 36.

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

:'\Ir. Causey of Bacon a1ose to a question of personal privilege and addressed the House.

SB 16. By Senator Millican of the 52nd:
A bill to be entitled an act to give an express lien to involuntary gratuitous or naked depositories; and for other purposes.
The report 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 6.
The bill, having received the requisite constitutional majority, was passed.

SB 19. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal the present law on notary public for the State at large; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Mr. Crowe of Worth gave notice that at the proper time a motion would be made that the House reconsider its action in passing SB 19.

916

JOURNAL OF THE HOUSE,

By unanimous consent, the House instructed the clerk to prepare an engrossed copy of HB 371, the original engrossed copy of which was allegedly lost in the Senate.

The following resolution of the House was taken up for the purpose of considering the Senate amendments thereto:
HR 88-426h. By Messrs. Smith and Reid of Carroll, Murphy of Haralson, and many others: A resolution to authorize the director of the department of State parks to purchase Waco military reservation; and for other purposes.

The following Senate amendments to HR 88-426h were read:
Senator Callaway of the 35th moves to amend HR 88-426h:
Additional paragraph to read as follows: The State director of parks is directed to sell such timber from the reservation
as will not detract from the recreational aspects of the park, and turn the proceeds into the general fund.

Senator Trippe of the 38th moves to amend the amendment to HR 88-426h:
By adding the words "under the supervision of the forestry department" immediately after the word "timber" in line 2 of said amendment.

Senator Logan of the 33rd moves to amend HR 88-426h as follows: That a new section he added to he appropriately numbered to read as follows: That portion of the land not needed for park purposes he turned over to the State department of forestry for demonstration and reforestation purposes.
Mr. Reid of Carroll moved that the House disagree to the Senate amendments.
The motion to disagree prevailed.

The following hill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 16. By Mr. Cheek of Franklin: A hill to he entitled an act to create the office of commissioner of roads and revenues, an advisory hoard consisting of three members; and for other purposes.
Mr. Cheek of Franklin moved that the House agree to the Senate amendments to HB 16. On the motion to agree to the Senate amendments, the ayes were 103, nays 0.
The Senate amendments were agreed to.

THURSDAY, MARCH 20, 1947

917

SB 20. By Senator Millican of the 52nd:
A bill to be entitled an act to repeal a certain chapter of the Code of Georgia in reference to the State librarian; and for other purposes.

By unanimous consent, further consideration of SB 20 was postponed.

The following resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 28103b. By Mr. Bloodwonh of Houston:
A resolution in reference to the payment of damages to certain persons; and for other purposes.

The following Senate amendment was read:
The Senate Committee on the State of the Republic amends HR 28103b:
By striking the last paragraph beginning with the words, "NOW THEREFORE," and by insening in lieu thereof a new paragraph reading as follows:
"NOW THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that the depanment of public safety is hereby ordered and directed to pay to Mrs. Lillian Andrews the sum of $893.00, to Mrs. Roben Sparks the sum of $824.00, to Roben Sparks the sum of $110.00, to Bruce Sparks the sum of $75.00 and to H. D. Settles the sum of $50.00, as compensation for the injuries and damages above set forth. The payments aforesaid shall be made from the funds available to said depanment. Said parties being citizens of this State, said amounts when paid are to be in full satisfaction of claims."
Mr. Holleman of Muscogee moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 114, nays 0.
The Senate amendment to HR 28-103b was agreed to.

SB 102. By Senator Callaway of the 35th:
A bill to be entitled an act to amend an act in reference to non-profit hospitals, and exemption of taxes on same; and for other purposes.
The repon 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, nays 1.
The bill, having received the requisite constitutional majority, was passed.

918

JOURNAL OF THE HOUSE,

:Mr. Lovett of Laurens gave notice that at the proper time a motion would be made that the House reconsider its action in passing SB 102.

SB 87. By Senator Callaway of the 35th: A bill to be entitled an act to prohibit clerks of court from charging veterans of certain wars a fee for recording their discharge certificates; and for other purposes.
The report 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 3.
The bill, having received the requisite constitutional majority, was passed.
Mr. Lovett of Laurens arose to a question of personal privilege and addressed the House.
Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

FRIDAY, MARCH 21, 1947

919

Representative Hall, Atlanta, Georgia. Friday, March 21, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
l. Reports of standing committees. 2. Second reading of bills and resolutions, favorably reported. 3. Third reading and passage of local uncontested bills and resolutions. 4. Third reading and passage of general bills with local application.

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 83. By Messrs. Flynt and Addleton of Spalding:
A resolution proposing to the qualified voters an amendment to article 8, section 5, paragraph 1 of the Constitution of Georgia of 1945, so as to provide for the division of Spalding county into school districts, and for the election of members of the county board of education from such school districts, to provide for their terms of office and qualifications; to provide for the election and appointment by the county board of education of a superintendent of the county school system; and for other purposes.

HR 92. By Messrs. Elliott, Holleman and Shields of Muscogee:
A resolution proposing to the qualified voters of the State of Georgia an amend ment to article VIII, section VII, of the Constitution of the State of Georgia, said amendment to be known as paragraph II of said section, so as to provide that the General Assembly of Georgia shall be authorized to pass a special act or acts to merge the existing independent school system of the City of Columbus; and for other purposes.

920

JOURNAL OF THE HOUSE,

HR 96. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution proposing a constitutional amendment to permit Fulton county to collect business licenses; and for other purposes.

HR 98. By Messrs. McWhorter, Hubert and Howard of DeKalb:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution authorizing and providing that the county board of education of DeKalb county may levy a tax for school purposes; and for other purposes.

HR 105. By Messrs. Elliott, Holleman and Shields of Muscogee:
A resolution proposing to the qualified voters an amendment so as to provide that the department of health of the City of Columbus may be combined with the de partment of health of Muscogee county; and for other purposes.

HR 119. By Mr. Twitty of Mitchell:
A joint resolution to petition Congress to pass permanent legislation to maintain a floor of not less than 90% of parity on all basic farm crops; and for other purposes.

HR 121. By Messrs. Crowe and Hobby of Worth:
A resolution memorializing the Congress to provide for the necessary funds to meet all operating expenses of the public employment services subsequent to June 30, 1948; and for other purposes.

HR 97. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution proposing a constitutional amendment authorizing and ratifying exten sion of civil service system of Fulton county; and for other purposes.

HB 389. By Messrs. Vandiver, Wilson and Kemper of Bibb:
A bill to be entitled an act to propose to the qualified voters of Georgia, to amend the constitution to authorize the City of Macon and Bibb county to set up a planning and zoning board; and for other purposes.

HB 494. By Messrs. Skinner, Evans and Smith of Chatham:
A bill to be entitled an act to authorize the officers of any county of this State having a population of not less than 115,000 and not more than 170,000, to install and use photostatic equipment; and for other purposes.

HB519. By Mr. Garrison of Habersham:
A bill to be entitled an act to amend the charter of the City of Clarkesville; and for other purposes.

FRIDAY, MARCH 21, 1947

921

HB 524. By Mr. Dorsey of White:

A bill to be entitled an act to amend and supersede an act incorporating the Town of Cleveland; and for other purposes.

HB 527. By Mr. Lewis of Hancock:
A bill to be entitled an act to provide that the ordinary, sheriff and clerk of the superior court of a county in this State having a population of not less than 12,762 and not more than 12,766 shall designate the official organ for publishing legal advertisements; and for other purposes.

HB 532. By Mr. Bradley of Tattnall:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver of Tattnall county; and for other purposes.

HR 34. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A resolution to propose to the qualified voters of Georgia an amendment to article VIII, section V, paragraph I of the Constitution of Georgia of 1945, to provide that the General Assembly shall have authority to create and establish in DeKalb county, Georgia, districts from which the members of the county board of education of DeKalo county shall be elected by the voters of such district; and for other purposes.

HR 35. By Messrs. McWhorter, Howard and Hubert of DeKalb:
A resolution to propose to the qualified voters of Georgia an amc;ndment to article VII, section IV, paragraph II of the Constitution of Georgia of 1945 to provide that the General Assembly may grant to the governing authority of DeKalb county the right to construct or repair streets and sidewalks and to lay curbing; and for other purposes.

HR 61. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A resolution to provide that the board of commissioners of roads and revenues of Fulton county shall have power to levy either a tax or an assessment or both, upon any part of or all the real property in said county; and for other purposes.

HR67. By Messrs. Etheridge, Kendrick and Smith of Fulton and Hubert, Howard and McWhorter of DeKalb:
A resolution propQI!ing 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.

922

JOURNAL OF THE HOUSE,

The Senate has adopted, a amended, by the requisite constitutional majority, the following resolution of the House, to wit:

HR 70. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A resolution providing for repeal of amendment to article 7, section 4, paragraph 15 of the Constitution of 1945. as it relates to Bibb county.

The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:
HB 269. By Messrs. Brooke and Britton of Whitfield: A bill to be entitled an act to amend the charter of the City of Dalton.
HB 10. By Messrs. Wilson, Kemper and Vandiver of Bibb: A bill to be entitled an act to provide a permanent pension and retirement plan for county employees and I or officers, elective and I or appointive, of Bibb county, Georgia; and for other purposes.
HR 90. By :\lessrs. ~\dams and Hurt of Polk: A resolution proposing to the qualified voters an amendment to paragraph 1, section 5. article 8". of the Constitution providing a county board of education for Polk county; and for other purposes.
HB 165. By :\lessrs. Britton and Brooke of Whitfield: A bill to be entitled an act to provide for the management and control of the public utilities of the City of Dalton; and for other purposes.
HB 369. By :Messrs. Evans. Smith and Skinner of Chatham: ~\ bill to be entitled an act to provide for the furnishing of an identification cer tificate by tax collectors to persons who register to vote in any and all counties in the State having a population of not less than 100,000 and not more than 300,000; and for other purposes.
HB 370. By Messrs. Evans, Smith and Skinner of Chatham: A bill to be entitled an act to amend an act approved February 17, 1933, Georgia Laws, pages 244~245, relating to the salaries of county officers; and for other purposes.
HB 384. By l\Iessrs. Skinner, Evans and Smith of Chatham:
A bill to be entitled an act to amend an act to authori'ze and empower the com-
missioners of Chatham county and ex~officio judges thereof; and for other purposes-

FRIDAY, MARCH 21, 1947

923

HB 417. By Messrs. Arnall and Goldberg of Coweta:
A bill to be entitled an act to ame~d an act of the General Assembly of Georgia, entitled an act to create a new charter of the City of Newnan; and for other purposes.

HB 443. By Mr. Rowland of Johnson:
A bill to be entitled an act to propose to the qualified voters of Georgia an amendment to article 7, section i, paragraph 1, of the Constitution of Georgia so as to authorize the mayor and council of Wrightsville to incur a bonded indebtedness for refunding an existing bonded indebtedness; and for other purposes.

HB 388. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to propose to the qualified voters of Georgia, an amendment to the Constitution to create a joint city county board of health for the City of Macon ; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bill and resolution of the House, to wit:
HB 254. By Messrs. Mason of Morgan and Williams of Jones: A bill to be entitled an act authorizing the Governor to fix the compensation of the director of entomolqgy; to repeal conflicting laws; and for other purposes.

HR 123. By Messrs. Gowen of Glynn, Durden of Dougherty, Harrison of Jenkins and Greer of Lanier:
A resolution directing the Secretary of State and any other person who may have bills or resolutions passed by this session of the legislature to return all Senate bills and resolutions to the secretary of the Senate and all House bills and resolutions to the clerk of the House of Representatives; also to direct the secretary of the Senate and clerk of the House to deliver the same to His Excellency, the Acting Governor, for his considera.tion in compliance with the constitution.

The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, to wit:
HB 244. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Fulton, and others:
A bill to be entitled an act to regulate the making and applying of rates for fire, marine and inland marine insurance, which shall not be excessive, inadequate or unfairly discriminatory; and for other purposes.

924

JOURNAL OF THE HOUSE,

The Senate has receded from its position on the following resolution of the House, to wit:

HR 88-426b. By Messrs. Smith and Reid of Carroll, Murphy of Haralson, Carswell of Heard, and others:
A resolution providing the director of the department of State parks be permitted to purchase the Waco military reservation; and for other purposes.

The Senate has agreed to the House amendments of the following bill of the Senate, to wit:
SB 83. By Senator Millican of the 52nd:
A bill to be entitled an act to provide a law department for Fulton county, to provide the duties of that department, to provide for the appointment and personnel of said department; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:
HB 242. By Messrs. Smith of Emanuel, Ray of Warren, and others:
A bill to be entitled an act to amend an act relating to the rights of creditors and beneficiaries in proceeds of policies of life, and endowment insurance; and for other purposes.

HB 177. By Messrs. Smith of Emanuel, Ray of Warren, and others:
A bill to be entitled an act to amend an act entitled "an act to establish the city court of Millen"; and for other purposes.

HB 220. By Mr. Harrison of Jenkins:
A bill to be entitled an act to amend an act to create the office of tax commissioner of Jenkins county; and for other purposes.

HB 435. By Mr. McCracken of Jefferson:
A bill to be entitled an act to repeal an act to establish, tbaintain and conduct in the County of Richmond a reformatory institute; and for other purposes.

HB 456. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to be entitled an act to repeal all of the several acts relating to the city court of Savannah; and for other purposes.

FRIDAY, MARCH 21, 1947
HB 490. By Messrs. Hill and Thompson of Meriwether, Kenimer of Harris, and others: A bill to be entitled an act to establish a planning district for Meriwether, Harris and Talbot counties; and for other purposes.
HB 406. By Mr. Yawn of Dodge: A bill to be entitled an act to amend an act which creates a new charter for the City of Eastman; and for other purposes.
HB 324. By Messrs. Etheridge, Kendrick and Smith of Fulton: A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
HB521. By Mr. Harrison of Wayne: A bill to be entitled an act to amend the act incorporating the City of Jesup; and for other purposes.
HB 457. By Messrs. Evans, Smith and Skinner of Chatham: A bill to be entitled an act to provide an additional judge to preside regularly in the superior court of the Eastern judiciaf circuit; and for other purposes.
HB 452. By Messrs. Evans, Skinner and Smith of Chatham: A bill to be entitled an act to amend the act creating the municipal court of Savan nah; and for other purposes.
HB 372. By Messrs. Smith, Evans and Skinner of Chatham: A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah; and for other purposes.
HB 429. By Messrs. Towill, Morris and Eve of Richmond: A bill to be entitled an act to prohibit and to regulate within the territorial limits of any county in this State having a population of betwet>n 81,000 and 82,000, the solicitation of votes for any person or proposition; and for other purposes.
HB 383. By Mr, Willingham of Cobb: A bill to be entitled an act to amend an act by striking the numerals $600.00 and the words six hundred dollars wherever they appear, and substituting the numerals $1,200.00; and for other purposes.
HB 371. By Messrs. Evans, Smith and Skinner of Chatham: A bill to be entitled an act to amend an act relating to the police court of the City of Savannah; and for other purposes.

926

JOURNAL OF THE HOUSE,

HB 476. By Mr. Pulliam of Elbert:
A bill to be entitled an act to increase the fees of coroners for services in con nection with the holding of inquests; and for other purposes.

HB 374. By Messrs. Evans, Smith and Skinner of Chatham:
A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah thereof incorporating the mayor and aldermen of the City of Savannah in order to create a personnel board in the City of Savannah; and for other purposes.

HB 526. By Messrs. Etheridge, Kendrick and Smith of Fulton; Hubert, Howard and Mc Whorter of DeKalh:
A hill to be entitled an act to establish a metropolitan planning district for Fulton and DeKalh counties; and for other purposes.

HB 523. By Mr. Massey of Dade:
A hill to be entitled an act to provide a new charter for the City of Trenton; and for other purposes.

HB 213. By :\lessrs. McCracken of Jefferson and Phillips of Columbia:
A hill to he entitled an act to amend the Code of Georgia relating to organization of hoards and directors of insurance companies; and for other purposes.

HB 299. By Messrs. Ray of Warren, Ramsay of Stephens and Cheek of Franklin:
A hill to he entitled an act to make it mandatory for all county officers who are required to give bond to give a surety bond; and for other purposes.

HB 517. By Mr. Green of Rabun:
A hill to he entitled an act to prescribe the method by which incorporated Cities or towns of this State that are not functioning under their charter may surrender their charter; and for other purposes.

HB 212. By Messrs. McCracken of Jefferson and Phillips of Columbia:
A hill to be entitled an act to authorize every insurance company, organized and doing business by virtue of the laws of this State to acquire and hold real property; and for other purposes.

HB 458. By l\lessrs. Cates of Burke and Thompson of Meriwether:
A bilJ to be entitled an act to provide for payment by the State highway department for rights of way: and for other purposes.

FRIDAY, MARCH 21, 1947

927

HB 197. By :\lessrs. Smith and Reid of Carroll:

A bill to be entitled an act to amend an act entitled an act to establish a retire ment system for aged and incapacitated teacher5 in the State public schools; and for other purposes.

HB 193. By Mr. Elliott of Muscogee:
A bill to be entitled an act to establish a veterans education council; and for other purposes.

HB 308. By Messrs. Ray of Warren and Gowen of Glynn:
A bill to be entitled an act to amend the corporation act of 1938, and to add an additional code section after section 22-1814 of the Code of Georgia; and for other purposes.
The Sen~te has passed, by substitute, by the requisite constitutional majority, the following bill of the House, to wit:
HB 329. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act providing for a pension system in cities of 150,000 and over; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House, to wit:
HB 525. By :\Iessrs. Howard, Hubert and :\fcWhorter of DeKalb:
A bill to be entitled an act to create a system of pensions and retirement pay for officers and employees of DeKalb county; and for other purposes.

HB 238. By :\lessrs. Ansley of Lee, :\IcCracken of Jefferson and Durden of Dougherty:
A bill to be entitled an act to amend an act entitled "an act to regulate parking motor vehicles; and for other purposes."

The Senate has passed by the requisite constitutional majority the following bill of the House, to wit:
HB 373. By Messrs. Evans, Skinner and Smith of Chatham:
A bill to be entitled an act to amend the charter of the mayor and aldermen of the City ot Savannah and the several acts amendatory thereto incorporating the mayor and aldermen of said city relative and supplementary thereto; and for other purposes.

928

JOURNAL OF THE HOUSE,

The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, to wit~

HB 189. By Messrs. Williams of Mcintosh, Nightingale and Gowen of Glynn:
A bill to be entitled an act to create the Georgia coastal scenic highway authority; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:
HB 174. By Mr. Mathews of Peach:
A bill to be entitled an act to amend section 113-1019 of the Georgia Code of 1933 relating to a petition and order for division and appointment of appraisers to divide property in kind; and for other purposes.

HB 182. By Mr. Mathews of Peach:
A bill to be entitled an act to amend chapter 113-10 of the Code of 1933 relating to distribution, advancement and year's support by adding thereto a new section; and for other purposes.

HB 459. By Messrs. Cates of Burke and Thompson of Meriwether:
A bill to be entitled an act to grant to the various counties and State highway department of Georgia the right and authority to make surveys for road purposes across the lands of property owners for the purpose of locating contemplated public roads and highways; and for other purposes.

HB 454. By Messrs. Willoughby of Clinch, Johnston of Lowndes, Greer of Lanier, and others:
A bill to be entitled an act pertaining to an act to prevent the introduction into and dissemination within the State of Georgia of contagious diseases of honey bees; and for other purposes.

HB 175. By Mr. Mathews of Peach:
A bill to be entitled an act to amend an act providing for the issuance of a warrant of appraisement to appraise the property of deceased persons; and for other purposes.

HB281. By Mr. Welsch of Cobb:
A bill to be entitled an act to repeal sections 36 and 37 of act of 1945 pertammg to "registration of divorces and annulments of marriage" and "Divorce or annulment registration fee"; and for other purposes.

. FRIDAY, MARCH 21, 1947
HB 250. By Messrs. Kenimer of Harris, Garland of Butts, Huddleston of Fayette, and others:
A bill to be entitled an act to amend an act entitled an act to establish a retirement system for aged and incapacitated teachers in the State public schools; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House, to wit:
HB 229. By Messrs. Elliott, Shields and Holleman of Muscogee, Hubert of DeKalb and Kemper of Bibb:
A bill to be entitled an act to amend the "Motor Fuel Tax Law"; and for other purposes.

HB 265. By Mr. Walker of Ben Hill:
A bill to be entitled an act to amend section 69-414 of the Code of Georgia of 1933, . relating to the manner in which assessments for municipal street improvements
shall be payable in installments, and to amend section 69-417 of the Code of Georgia of 1933; and for other purposes.

Mr. Ramey of Chattooga County, chairman of the Committee on Counties and County .\latters, submitted the following report:

.\lr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 89. Do Pass.

Respectfully submitted,
Ramey of Chattooga, Chairman

Mr. Bargeron of Burke County, chairman of the Committee on Veterans Affairs, submitted the following report:

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

SB 6. Do. Pass.

Respect(ully submitted,

Bargeron of Burke, Chairman

930

JOURNAL OF THE HOUSE,

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 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the House with the following recommendations:

SB 108. Do Not Pass. SB 54. Do Pass. SB 17. Do Pass.

Respectfully submitted,

Lewis of Hancock, Chairman

By unanimous consent, the following bills of the Senate, favorably reported, were read the secopd time:
58 6. By Senator Sams of the 26th:
A bill to be entitled an act to amend an act approved March 20, 1943, amending an act approved March 15, 1935, and particularly section 2 of the act; by extend ing the provisions of said act to veterans who engage in any profession, or semi profession; to repeal conflicting laws; and for other purposes.

SB 17. By Senator Millican of the 52nd:
A bill to be entitled an act to make it lawful for any person, firm, partnership or other corporation doing business in this state, upon the adjudication of insanity of any employee having a wife with whom he is living at the time of such adjudi cation to pay over whatsoever wages that may be due said employee not to exceed two hundred dollars to said wife and to exempt said wages to the amount of two hundred dollars from 'garnishment; and for other purposes.

SB 54. By Senator :\lillican of the 52nd:
A bill to be entitled an act to regulate the practice of architecture in this State; and for other purposes.

SB 89. By Senator Wells of the 4th:
A bill to be entitled an act entitled "an act" to provide that in all counties of Georgia having a population of not less than 5,910 and not more than 6,000 accord ing to the United States census of 1940, that the grand juries of such counties when electing members of the county board of education shall have the power and authority to select one or more members of the county board of education from any militia district or locality in said counties; and for other purposes.

FRIDAY, MARCH 21, 1947

931

By unanimous consent, the following bills of the Senate were read the third time and placed upon their passage:

SB 129. By Senator Hogg of the 24th:
A bill to be entitled an act to authorize the governing authorities of Marion county to pay to the sheriff of said county, the sum of $50 per month in addition to the fees and compensation now allowed by law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 112. By Senator Millican of the 52nd:
A bill to be entitled an act to provide that in counties of a certain population, the county authorities shall have power to assess and collect license fees from all persons, firms, or corporations maintaining a place of business in any area of said counties not embraced within the incorporated limits 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Mr. Rich of Decatur arose to a question of personal privilege and addressed the House.
Mr. Causey of Bacon arose to a question of personal privilege and addressed the House.

The following report of the Committee on Rules was submitted and read:
:\lr. Speaker: Your Committee on Rules, having had under consideration the fixing of a calendar for
today's business, has established as an order of business beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. SB 5. Equal education opportunities. - 2. SR 10. Right to work.
3. SB 20. State library. 4. SB 25. Juvenile delinquent schools. 5. SB 32. Twelve grades, common schools. 6. SB 33. County school superintendent compensation. 7. SB 53. Director public health compensation.

932

JOURNAL OF THE HOUSE,

8. SB 72. Investment proceeds of bonds. 9. SB 73. Judgment of sanity by ordinary. 10. SB 86. Liquor advenising. 11. SB 90. Amend wine act. 12. SB 109. Local school district bonds. 13. SB 113. Powers, county boards of education. 14. SB 96. Salary, deputy clerk, supreme court. 15. SB 101. Rights of way for clay pipe lines. 16. SB 97. Quarters for veteran organizations. 17. SB 116. Auditors salary. 18. SB 125. Liquidation of subsidiary corporations. 19. SB 107. Deputy insurance commissioner. 20. SB 130. Salary raise. 21. SB 18. School superintendent salary raise. 22. HR 41-183A. Sale of State property at Milledgeville.

All general bills with local application will be called up for vote by the speaker in any order that he desires.

The Rules Committee authorizes the speaker to call up any bills herein set fonh in any order that he desires.
Elliott of Muscogee, Vice-Chainnan

Under the order of business established by the Committee on Rules, the following hills of the Senate were taken up for consideration and read the third time:
SB 101. By Senator Tarbutton of the 20th:
A hill to he entitled an act to define and broaden the use of right of ways granted for highways, and to lessen the surface use thereof and to pennit the use of the same for pipe lines t.o n-anspon clay from the mine to refining plants; 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 118, nays 0.
The hill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 21, 1947

933

SB 33. By Senator Woodall of the 25th:

A hill to he entitled an act to amend the Code of Georgia relating to the classi fication and compensation of county school superintendents; 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 106, nays 8.

The hill, having received the requisite constitutional majority, was passed.

SB 116. By Senators Millican of the 52nd, Weaver of the 51st, Hogg of the 24th, Branch of the 41st, Parker of the 54th, and others:
A hill to he entitled an act to amend the Code of Georgia pertaining to the salary of the State auditor; and for other purposes.
Mr. Sahados of Dougherty moved to table SB 116, and the motion was lost.
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 111, nays 1.
The hill, having received the requisite constitutional majority, was passed.
Mr. Sabados of Dougherty requested that the journal of the House show that he voted against SB 116.

SB 125. By Senator Callaway of the 35th:
A hill to he entitled an act to amend the Code of Georgia in reference to the liquidation of a subsidiary corporation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill, Mr. Covington of Floyd moved the ayes and naya, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Addleton Arnall Bagby Bargeron Battle Beddingfield

Bennett
Bl~
Blo worth Britton Brooke Bruton Byrd Campbell

Caswell Causey Cheshire Clark Cochran Covington Cowart Cox

934
Crowe of Worth Elliott Etheridge of Fulton Evans Eve Evitt Fowler Freeman Garland Garrard Garrett Gary Gowen Green of Rabun Greene of Crisp Hagan Hampton Hardin of Turner Hicks Hobby Holleman Howard of DeKalb Hubert Hurt Ingle Jenkins Jennings of Sumter Joel Johnson of Bulloch Johnston of Lowndes Jordan

JOURNAL OF THE HOUSE,
Kemper Kendrick Kenimer Kenyon Key Knabb Leverette Lewis of Greene Littlejohn Lockett Lokey Long McCracken :McMillan McWhorter Mallard Manous Mason Mathis Mitchell
~filler
:VIoore of Taliaferro Morgan Morris :\1urphy Nicholson
~ightingale
Padgett Pearlman Pulliam Ramsay

Ray Reid Riddlespurger Rich Sabados Salter Shields Sills Skinner Smith of Chatham Smith of Emanuel Smith of Fulton Smith of Oglethorpe Stevens Swindle Towill Trulock Twitty Tuten Watford Wells of Oarke Wells of Lincoln Welsch Whaley Williams of Jones Williams of Mcintosh Williams of Toombs Williams of Ware Willoughby Wilson

Those voting in the negative were Messrs.:

Bostwick Cates Chalker Cheek Crow of Walker Davis Ellis Glisson Hall Harrison of J elf Davis

Hill

Holbrook

Jones

Lovett

Malone

I

Mann of Rockdale

Massey

Mathews

Moye of Lamar

Pennington

Ramey Risner Rowland Rucker Thompson Vickers Walker Witherington Yawn

FRIDAY, MARCH 21, 1947

935

Those not voting were Mes~rs.:

Adams of Wheeler Anglin Ansley Avera Barrett Bradley Briscoe Caldwell Callier Chance Claxton Conger Coogle Dobbs Dorsey Durde!} Dykes Edenfield Etheridge of Baker Flynt

Garrison Gibbons Gibson Goldberg Greer Groover Hardin of Glascock Hardy Harrison of Jenkins Harrison of Wayne Hefner Henderson Higgs Hinson Howard of Dawson Huddleston Jennings of Baldwin Kidd King Knight

Lewis of Hancock Mann of Henry Mavity Meeks Moore of Lurnnpkin Morrison Moye of Washington Nee! Oden Overby Phillips Rainey Seagraves Smith of Bryan Smith of Carroll Smith of Clayton Tuttle Vandiver Willingham

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

One the passage of the bill, the ayes were 116, nays 29.

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

Mr. Jones of Brantley gave notice that at the proper time a motion would be made that the House reconsider its action in passing SB 125.

SB 109. By Senators Wideman of the 46th and Woodall of the 25th:
A bill to be entitled an act to amend an act relating to the powers and duties of county boards of education, school districts and local school trustees; and for other purposes.
Mr. Hagan of Screven moved the previous question, and the call was sustained.
A substitute offered by Mr. McMillan of Washington was withdrawn.

The following amendments to SB 109 were read and adopted:
(1) Mr. Nee! of Thomas moves to amend section llC by adding the word "Thomas".
(2) Mr. Meeks of Union moves to amend section llC, SB 109, by adding the word "Union''.

936

JOURNAL OF THE HOUSE,

(3) Mr. McMillan of Washington amends SB 109 by a<lding the following at the end of section 1:

Provided no local school district heretofore bonded shall be altered or changed by the county board of education until said bonds are retired.

(4) Messrs. Welsch of Cobb, Hagan of Screven and Gowen of Glynn move to amend SB 109 by adding a new paragraph to be appropriately numbered and to reiJd as follows:

That in the event any paragraph or portion of this act shall be held or decreed to be invalid, or unconstitutional, the remainder of the act shall not be affected thereby.

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

to, as amended.

On the passage of the bill, as amended, the ayes were 109, nays 5.

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

Under the provisions of HR 45, the speaker announced the House recessed until 1:35 o'clock P.M., this afternoon.

1:35 o'clock P. M.

The speaker called the House to order.

The following resolution of the House was read:
HR 126. By Messrs. Bennett of Barrow and Johnson of Bulloch: A resolution providing for the appointment of an interim committee for the University of Georgia System; and for other purposes.
The resolution was losL

Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:
SB 72. By Senator Millican of the 52nd:
A bill to be entitled an act to provide for the investment of the proceeds of the sale of bonds by counties, municipalities, school districts, 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 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 21, 1947

937

SB 32. By Senators Daniell of the 49th, Huckeba of the 37th and Wideman of the 46th:
A bill to be entitled an act to amend an act to establish a State board of education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 128, nays 0.

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

SB 97. By Senator Huckeba of the 37th:
A bill to be entitled an act relating to counties, ClUes, and other political sub divisions of the State, and authorizing them to furnish free of charge quarters for nationally recognized veterans' organizations; and for other purposes.
The report 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the House directed the clerk to establish a copy of HB 373, the engrossed copy of which was allegedly lost in the Senate.

SB 90. By Senators Tippins of the 48th and Bush of the 8th:
A bill to be entitled an act to amend an act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines, 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, nays 3.
The bill, having received the requisite constitutional majority, was passed.

SB 107. By Senators Bush of the 8th and Knox of the 29th:
A bill to be entitled an act to amend the code so as to enable the insurance commissioner to appoint a chief deputy insurance 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 103, nays 0.
The hill, having received the requisite constitutional majority, was passed.

938

JOURNAL OF THE HOUSE,

SB 96. By Senators Yates of the 44th, Griffith of the 28th and Callaway of the 35th:
A bill to be entitled an act to amend an act so as to fix the salary of the deputy clerk of the Supreme Court; and for other purposes.
Mr. Elliott of Muscogee moved that further consideration of SB 96 be postponed, and the motion prevailed.

SB 73. By Senator Millican of the 52nd:
A bill to be entitled an act to provide means whereby restoration to sanity and capacity may be established by judgment of the court of ordinary; 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following resolution was read the third time and adopted:
HR 89-427a. By Mr. Hicks of Floyd:
A resolution providing for the erection of a monument or marker in honor of the mothers of Georgia, whose sons and daughters lost their lives while serving in the armed forces during world war II; and for other purposes.

SB 113. By Senator Mason of the 30th:
A bill to be entitled an act to amend the code relating to powers of county boards as school courts; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 5. By Senators Woodall of the 25th and Wideman of the 46th:
A bill to be entitled an act to amend an act to equalize educational opportunities throughout the State in certain phases of vocational 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 21, 1947

939

Under the order of business established by the Committee on Rules, the following bill of the Senate was again taken up for consideration:

SB 25. By Senators Mitchell of the 40th, Woodall of the 25th, and others i
A bill to be entitled an act to authorize the State board of education to set up and maintain schools for delinquent children; and for other purposes.

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

On the passage of the bill, the ayes were 101, nays 4.

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

Mr. Lovett of Laurens gave notice that at the proper time a motion would be made that the House reconsider its action in failing to pass SB 25.

The following resolutions were read and adopted:
HR 127. By Messrs. McWhorter, Howard and Hubert of DeKalb: A resolution expressing thanks to the Southern Bell Telephone Company, and to Mrs. Sheila Nail and Miss Sara Gantt; and for other purposes.

HR 128. By Mr. Sabados of Dougherty:
A resolution acknowledging with grateful appreciation the copies of the Macon Telegraph and Macon News, delivered to the members this session; and for other purposes ..
Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed.
The speaker announced the House adjourned until tomorrow morning at ten o'clock.

940

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Saturday, March 22, 1947.

The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the speaker and opened with prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Nicholson of Oconee, chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Third reading and passage of local uncontested bills and resolutions.
2. Third reading and passage of general bills with local application.

The following message was received from the Senate through ~Irs. Nevin, the secretary thereof:
Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the follow-
ing bills of the House, to wit:
HB 184. By ~lessrs. Ray of Warren, Wilson of Bibb, Oden of Pierce and Evitt of Catoosa:
A bill to amend code section 42-102 of the Code of Georgia and 4~-701 of the Code of Georgia by granting additional powers to the chief drug inspector and by changing the provisions of the sale and listings of certain poisons; and for other purposes.

HB 185. By Messrs. Ray of Warren, Wilson of Bibb, Evitt of Catoosa and Oden of Pierce:
A bill to amend chapter 84-13 of the Code of Georgia by granting to the Georgia board of pharmacy authority to adopt and maintain rules and regulations in regard to the licensing and regulation of the compounding or sales of medicines, drugs, or poisons; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:
HR 82-389a. By Messrs. Evitt of Catoosa, Ray of Warren, Elliott of Muscogee, and others:
A resolution whereas, by joint resolution, the public service commission was directed to proceed immediately to develop plans for the permanent relocation of the track and right of way of the State owned Western & Atlantic railroad between mile posts in Bartow county, Georgia; and for other purposes.

SATURDAY, MARCH 22, 1947

941

HR 74-376a. By Messrs. Nightingale of Glynn, Key of Jasper and Lovett of Laurens:
A resolution providing for a committee on the revision of the tax laws of the State of Georgia.

HR 103. By Messrs. Conger of Tift and Hinson of Ware:
A resolution requesting the board of regents of the university system of Georgia to conduct public hearings in regard to the location of a veterinary college in the southern part of Georgia.

HB 437. By Messrs. Howard and McWhorter o{ DeKalb, Durden of Dougherty and Elliott of Muscogee:
A bill to amend section 68-1003 of the Georgia Code as amended, by striking from said section the words, "on occasional trips and over irregular routes"; and for other purposes.

HB 431. By :\1r. Kenimer of Harris:
A bill to require county boards of education, county authorities, boards of education of independent systems, to deduct and collect from each teachers salary the amount provided in section 8" of the Teacher Retirement Act, Georgia Laws 1943; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, to wit:
HB 535. By :\fessrs. Kendrick, Etheridge and Smith of Fulton:
~-\ 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 (now the City of College Park) ; and for other purposes.

The Senate has passed, by substitute, as amended, by the requisite constitutional majority the following bills and resolution of the House, to wit:
HB 122. By Mr. Addleton of Spalding:
A bill to provide that all hotels be equipped with certain protections and safeguards against fire; to provide what these safeguards and protections shall be; and for other purposes.

The Senate has passed, by substitute, by the requisit~ constitutional majority the following bills and resolution of the House, to wit:
HB529. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act entitled an act to create a new charter for the City of East Point, in the County of Fulton; and for other purposes.

/

942

JOURNAL OF THE HOUSE,

The Senate has passed, by substitute, as amended, by the requisite constitutional majority the following bill of the House, to wit:

HB 496. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A hill to he entitled an act to amend an act to incorporate the City of Hapeville; to extend the city limits of said city by the addition of said unincorporated terri tory; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House, to wit:
HB 530. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A hill to he entitled an act to create a new charter for the City of East Point; and for other purposes.

The Senate has passed by the requisite constitutional majority the following resolution of the House, to wit:
HR 89-427a. By Mr. Hicks of Floyd:
A resolution providing for the erection of a monument or marker in honor of the mothers of Georgia, whose sons and daughters lost their lives while serving in the armed forces during world war II; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following hill of the House, to wit:
HB 162. By Messrs. Lewis of Hancock, Harrison of Jenkins, Johnston of Lowndes, and many others:
A hill to authorize and empower the State hoard of education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; to authorize and empower the State board of education to establish a minimum salary schedule for all bus drivers as a means of distributing State funds; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:
HB 223. By Mr. Twitty of Mitchell:
A hill to he entitled an act to amend section 84-2011 of the Georgia Code of 1933 as amended, relating to the right of disabled or indigent veterans and blind persons to peddle or conduct business without a license; and for other purposes.

SATURDAY, MARCH 22, 1947

943

HB 255. By ~Ir. ~lcCracken of Jefferson:
A bill to be entitled an act to amend section 56403 of the Code of Georgia of 1933 by striking therefrom the provisions requiring insurance companies to make semiannual statements to the Governor and to publish a duplicate of the short form report made to the Governor; and for other purposes.

HB 46. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A bill to be entitled an act to provide that honorably discharged veterans who held positions with county or city governments shall not lose seniority on any retirement or pension plan by virtue of their service in the armed forces, and shall not be required to make any payments toward same while in the service; and for other purposes.

HB 176. By Messrs. Ramey of Chattooga, Kenimer of Harris, Stevens of Marion and Lewis of Hancock:
A bill to be entitled an act to amend chapter 32-9, as amended, relating to the powers and duties of the county boards of education; to repeal conflicting laws; and for other purposes.

HB 522. By :\Iessrs. Bagby of Paulding, Davis of Bartow, Williams of Toombs, and others:
A bill to be entitled an act to amend an act entitled an act to amend an act entitled "Public Safety Department", by providing for one troop to consist of not more than 300 men in the discretion of the director of public safety; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority, the fol lowing bill of the House, to wit:
HB 541. By ::vlessrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an ad to create in county in this State having a population of 300,000 or more inhabitants an airport authority for said county; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House, to wit:
HB 534. By Messrs. Smith, Kendrick and Etheridge of Fulton: A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; to enlarge the corporate limits of said city; and for other purposes.

HB 470. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; to extend the corporate limits of said city; and for other purposes.

944

JOURNAL OF THE HOUSE,

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

HB 542. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to provide that in every county in this State having a population of 300,000 or more inhabitants, according to the U. S. census of 1940, or any future U. S. census, the board of commissioners of roads and revenues may rent and lease concession privileges in the jails, court houses, etc.; and for other purposes.

HB 528. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill \o be entitled an act to amend an act entitled "an act to create a new charter for the City of East Point", to provide a home for the East Point veterans of foreign wars; and for other purposes.

HB 473. By Messrs. Etheridge, Kendrick and Smith 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, so as to annex all of land lots 167 and 186 and part of land lot 154, etc.; and for other purposes.

HB 498. By Messrs. Etheridge, Smith and Kendrick of Fulton:
A bill to be entitled an act to amend the charter of College Park; and for other purposes.

HB 471. By Messrs. Etheridge, Kendi'ick and Smith of Fulton:
A bill to be entitled an act to amend an act creating the civil court of Fulton county by setting the salary of the chief judge of said court; and for other purposes.

HB 463. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to amend the charter of East Point, Georgia; and for other purposes.

HB507. By Mr. Conger of Tift:
A bill to be entitled an act to amend an act entitled an act creating and providing a new charter for the Town of Omega, Georgia; providing for a mayor and council and other officers, prescribing their duties; and for other, purposes.

HB 497. By Messrs. Etheridge, Kendrick and Smith of Fulton and Smith of Clayton:
A bill to be entitled an act to amend the charter of College Park, Georgia, by providing for the annexation of territory in Fulton and Clayton counties; and for other purposes.

SATURDAY, MARCH 22, 1947

945

HB 502. By :\lr. Bennett of Barrow:
:\ bill to be entitled an act to create a new charter for the Town of Auburn; to define the corporate limits, etc.; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:
HB 264. By Mr. Leverette of Putnam:
A bill to be entitled an act to provide that the county fiscal authorities of Putnam county may fix a salary not to exceed one hundred dollars per month to be paid the sheriff of Putnam county in addition to fees now paid said sheriff; and for other purposes.

HB 538. By Mr. Stevens of Marion:
A bill to be entitled an act to authorize and direct the governing authorities of the County of Marion in charge of the finances thereof, to pay to the sheriff of said county the sum of $50.00 per month in addition to the fees and compensation now authorized by law; and for other purposes.

HB 499. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend the charter of College Park, Fulton county, Georgia; and for other purposes.

HB 546. By Messrs. Cochran and Neel of Thomas:
A bill to be entitled an act to amend the charter of the Town of Pavo, in the coun ties of Thomas and Brooks; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House, to wit:
HB 409. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 29, 1874, and the several acts amendatory thereof, and for the particular purposes of changing by law the basic work week for city firemen employed by the City of Atlanta, and to determine other fire fighting duties; and for other purposes.

By unanimous consent, the following bill of the Senate was read the third time and placed upon its passage:
SB 115. 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.

946

JOURNAL OF THE HOUSE,

The following substitute to SB 115 was read and adopted:
A bill to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and several acts amendatory thereto so as to amend the act; and for other purposes.

The House substitute was as follows:
Messrs. Kendrick, Etheridge and Smith of Fulton move to amend SB 115 by striking said bill in its entirety and substituting the following in lieu thereof:
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, so as to amend the act, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, be and the same are hereby amended as follows:

SECTION 1
The amendatory act approved March 20, 1939, and published in the acts of 1939, on pages 841 to 858 inclusive, and on pages 53 and 62 inclusive, under article 4, section 6-401 to section 6-421 inclusive, of the Code of the City of Atlanta of 1942, is amended by striking paragraph 4 of section 6-403 of said act, entitled "Appointment, removal, compensation and duties of the personnel director", and inserting in lieu thereof a new paragraph to be known as paragraph (4) in section 6-403, which shall read as follows:
" (4) The base salary of the director shall be fixed by the mayor and general council, but not less than $6,000.00 per annum, and shall be payable in monthly or bi-monthly installments as may be fixed by the mayor and general council."

SECTION 2
That the prov1s1ons of the charter, as codified in section 6-205, Code, City of Atlanta, 1942, relating to the chief of construction, creating the position, fixing his qualifications, salary, power, authority, and providing for assistants, be and the same is hereby amended so as to add the following at the end thereof:
"The mayor and general council shall fix the annual salary of the chief of construction at $7,000.00 per annum, payable in monthly or semi-monthly installments."

SECTION 3
That the prov1s1ons of said charter contained in section 9-107, Code, City of Atlanta, 1942, providing for civil service in the police department, be amended by adding at the end thereof the following sentence:
"Promotions in said department shall be made by the chief of police, according to efficient service and length of time employed in the department, subject to

SATURDAY, MARCH 22, 1947

947

demotion for cause by the mayor and general council or the committee exercising its authority as aforesaid."
so that said section, when amended, shall read as follows:
"9-107. CIVIL SERVICE.-The mayor and general council are given full, complete and unqualified authority to establish, and shall establish, for the department of police, civil service rules and regulations, to the end that officers, members and employees shall serve during good behavior and efficient service, all of which is to be judged of by said mayor and general council or the committee exercising its authority as aforesaid. Promotions in said department shall be made by the chief of police, according to efficient service and lengtli of time employed in the department, subject to demotion for cause by the mayor and general council or the committee exercising its authority as aforesaid."

SECTION 4
That the annual salaries of councilmen and aldermen shall be $1800.00 per annum, payable in monthly installments of $150.00 each.

SECTION 5
That section 10-109 of the 1945 cumulative supplement of the Code, City of Atlanta, 1942, as amended, relating to the position of deputy recorder and fixing his compensation, be and the same is hereby amended to read as follows:
"There is hereby created the position of deputy recorder in the recorders' court of the City of Atlanta. He shall serve as senior clerk of both divisions of the recorders' court and shall have power to act as recorder in the absence or disqualification of either of the recorders. The mayor shall be authorized to designate some competent person to act as recorde~ in either or both divisions when such designation is necessary for the operation of both divisions of the recorders' court. The deputy recorder shall be appointed by the mayor and shall serve for a term of 4 years. The first" term shall begin March 1, 1946. His compensation shall be $350.00 per month, which may be increased or decreased by the mayor and general council. He shall be a licensed attorney at law admitted to practice in the superior courts of this state."

SECTION 6
That the salary of the building inspector shall be $5,000.00 per annum, payable in monthly or semi-monthly installments.

SECTION 7
That the mayor and general council shall have the power and authority to provide for unifonn percentage increases or decreases of all salaries fixed by the charter as amended, except members of the general council. It is declared to be the purpose of this amendment to provide that all salaries fixed by the charter, except members of the general council, shall be considered base salaries.

SECTION 8
All provisions in this act relating to compensations shall be effective on the first day of the month following the approval of this act. All other provisions shall be effective upon approval of this act.

948

JOURNAL OF THE HOUSE,

SECTION 9
That the terms and provisions of the charter, as amended, as codified in section 17-103, Code, City of Atlanta, 1942, forbidding the sale of park property, be amended by adding thereto the following- provision:
"The mayor and general council shall have power and authority to convey to the Greenwood Cemetery Company a part of the land, known and used as the John A. White Park in exchange for land now belonging to said company for the purpose of straightening the lines between the John A. White Park and the Cemetery, the exchange to be made on such equitable basis as may be agreed upon between the parties."

SECTION 10
That said charter, as amended, be further amended by adding the following provision:
"The mayor and general council shall have power and authority to create in the department of police a license bureau and shall have power to delegate to the officers of such bureau the power to grant, refuse or revoke permits for the sale of liquor, wine, beer and the operation of other businesses coming under the police powers, subject to review by the mayor and general council. Said bureau shall not have the final power to grant, refuse, or revoke any license or permit."

SECTION 11
That the said charter, as amended, by the act approved March 11, 1943 (Georgia Laws, 1943, pages 1184, 1187) be amended by striking from said charter the following provisions:
"No person other than the city attorney or an assistant city attorney shall be employed or authorized to represent the City of Atlanta as an attorney at law, except upon the recommendation of the city attorney, concurred in by the mayor and general counciL This provision shall not apply to attorneys at law employed to approve the validity of any bond issue or other certificate or evidence of indebtedness.
"In the event of a conflict between city officials or departments, resulting in litigation, the city attorney shall determine which official or department that the department of law shall represent. The opposing department or, official shall be required to employ counsel at its or his own expense."

SECTION 12
The annual salaries of members of the board of education shall be $1200.00 payable in monthly installments of $100.00 per month in the manner now provided by the charter.

SECTION 13
That all laws and parts of laws in conflict herewith are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute. On the passage of the bill, by substitute, the ayes were 103, nays 0.

SATURDAY, MARCH 22, 1947

949

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

By unanimous consent, the following bill of the Senate was read the third time and placed .upon its passage:
SB 89. By Senator Wells of the 4th:
A bill to be entitled an act to provide that in all counties having a certain popula tion, 'the grand juries of such counties, when electing members of the county board of education, shall have the power and authority to select one or more mem hers of the county board of education from any militia district or locality in said 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, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Mr. Lovett of Laurens moved that the House reconsider its action in failing to pass the following bill of the Senate:

SB 25. By Senators Mitchell of the 40th, Woodall of the 25th, Dorsey of the 32nd and

Huckeba of the 37th:

,_

A bill to be entitled an act to authorize and empower the State board of education to set up and maintain schools for delinquent children; and for other purposes.

The motion to reconsider was ruled out of order by the speaker.

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 SB US.

SB llS. By Senator Millican of the 52nd:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, so as to fix base salary for the personnel director at not less than $5,000.00; and for other purposes.

The following report of the Committee on Rules was submitted and read:
Mr. Speaker:
Your Committee on Rules, having had under consideration the fixing of a calendar for today's business, has established as an order of business beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:

950

JOURNAL OF THE HOUSE,

1. SR 10. Right to work. 2. SB 20. State library.
3. SB 25. 1uvenile delinquent schools.
4. SB 53. Director public health compensation. 5. SB 86. Liquor advertising. 6. SB 96. Salary, deputy clerk, supreme court. 7. SB 130. Salary raise. 8. SB 18". School superintendent salary raise. 9. SB 6. Veterans, business license. 10. SB 54. Regulate practice of architecture. 11. SB 17. Adjudication of sanity. 12. SB 13. Women jurors.
All general bills with local application will be called up for vote by the speaker in any order that he desires.
The Rules Committee authorized the speaker to call up any bills herein set forth in any order that he desires.
Elliott of Muscogee, Chairman

Under the order of business established by the Committee on Rules, the followjng resolution of the Senate was taken up for consideration and read the third time:
SR 10. By Senators Callaway of the 35th, Griffith of the 28th and Yates of the 44th:
A resolution proposing to the qualified voters of the State of Georgia an amendment to the constitution to protect the rights of all persons in this State to work in any lawful employment; and for other purposes.
Mr. Jones of Brantley moved that further consideration of SR 10 be postponed indefinitely.
The motion prevailed.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker: The Senate has disagreed to the House amendment to the following bill of the Senate
and respectfully asks that a committee of conference be appointed:

SATURDAY, MARCH 22, 1947

951'

SB 109. By Senators Wideman of the 46th and Woodall of the 25th:
A bill to be entitled an act to amend an act approved February 1, 1946, Georgia Laws 1946, pp. 206-217, and adding a new section to provide that the county boards of education may divide the whole county into political sub-divisions for the purpose of issuing bonds to purchase school sites a!ld to build and equip schoolhouses and issue bonds therefor; and for other purposes.

The president pro tern. has appointed as a committee of conference on the part of the Senate:
Senators Branch of the 47th, Woodall of the 25th, and Sumner of the lOth.

The following bill of the Senate was taken up for the purpose of considering the disagreement of the Senate to the House amendments:
SB 109. By Senators Wideman of the 46th and Woodall of the 25th:
A bill to be entitled an act to amend an act to provide that the county boards of education may divide the whole county into political sub-divisions for the purpose of issuing bonds to purchase school sites, etc.; and for other purposes.

By unanimous consent, the House insisted on its amendments to SB 109, and the speaker appointed as a committee of conference on the part of the House, the following members:
Messrs. McMillan of Washington,
Whaley of Telfair, and
Ellis of Coffee.

The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 229. By Messrs. Elliott, Holleman and Shields of Muscogee, Hubert of DeKalb and Kemper of Bibb:
A bill to be entitled an act to amend the "Motor Fuel Tax Law"; and for other purposes.

The following Senate substitute to HB 229 was read:
A BILL
An act to be entitled an act to amend the "motor fuel tax law" and section 92-1407, of the Code of Georgia, 1933, which provides for tax reports and computation and payment of tax on motor fuel and/or kerosene, by adding a new paragraph to said section to be known as section 92-1407 (E) providing that licensed retail dealers in

JOURNAL OF THE HOUSE,
motor fuel and/or kerosene shall receive an allowance of two per cent (2%) of all taxes imposed by the State of Georgia on all such motor fuel and/or kerosene, sold by them to cover loss by evaporation and expenses in collecting the tax for the state; to provide a method of computation and payment of such allowances; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
SECTION 1. That section 92-1407 of the Code of Georgia of 1933, the same being a part of the "motor fuel tax law", be amended by adding a new paragraph to said section to be known as section 92-1407 (E), to read as follows:
92-1407-TAX REPORT; COMPUTATION AND PAYMENT OF TAX.
(E) Every person selling motor fuel and/or kerosene at retail shall be entitled to a refund of two per cent (2%) of all taxes imposed by the State of Georgia on any such motor fuel and/or kerosene sold at retail by such persons, to cover losses in evaporation and expenses in collecting the tax for the state, subject to the conditions set forth in this subsection. The right to receive any refund under the provisions of this subsection shall not be assignable and any assignment thereof shall be utterly void and of no effect, nor shall any payment thereof be made by the treasurer of the state to any person other than the original person entitled thereto selling motor fuel and/or kerosene at retail as hereinabove set forth in this subsection.
Provided, however, that no person shall be entitled to a refund under this subsection unless such person is the holder of an unrevoked refund permit to be issued to such person by the commissioner of revenue upon application as hereinafter provided. Such permits shall be issued on an annual basis and shall expire at the end of each fiscal year. The application for such permit shall be in such form as the commissioner of revenue may prescribe, shall be sworn to, and shall set forth such information as the commissioner of revenue may require to enable him to determine the right of the applicant to obtain refunds under this subsection. The application shall be signed by the applicant and duly verified. Permits so issued shall be numbered and each application for refund made under this section shall contain applicant's permit number.
(1) Any person who shall be entitled to a refund under the provisions of this subsection shall be reimbursed in the following manner and subject to the following provisions:
(a) If the commissioner of revenue, after such investigation as he deems necessary, shall be satisfied that the application for refund permit has been made in good faith and that applicant has complied with the requirements of this subsection, the commissioner of revenue shall issue a refund permit to the applicant, privileging him to make application, in accordance with the requirements of this subsection, for refund allowance as herein provided. Whenever there is any change in the facts stated in the application for such permit, the holder of such permit shall promptly notify the commissioner of revenue of such change and the commissioner of revenue may thereupon issue to the holder an amended permit, if in the judgment of the commissioner of revenue the facts constitute just cause therefor. The commissioner of revenue shall keep a permanent record of all permits issued and a cuinulative record of the amount of refund claimed and paid to each claimant.

SATURDAY, MARCH 22, 1947

953

(b) All applications for refunds must be filed with the commissioner of revenue within six months from the date of purchase of the motor fuel with respect to which refund is claimed.
(c) Applications for refunds shall be in such form as shall be prescribed by the commissioner of revenue, shall be sworn to, and shall state the total quantity of motor fuel purchas.;d by the applicant during the period for which refund is claimed, the date of each purchase and from whom purchased, also, the quantity of motor fuel on hand at the beginning and the quantity of motor fuel on hand at the end of the period for which refund is claimed, such statements to be made up to cover each individual location at which motor fuel is sold at retail if more than one retail outlet is operated by applicant.
(d) All applications for refunds shall be accompanied by the invoices covering such purchases. No refund under this subsection shall be allowed to apply on any sale for resale.
(e) If, in the op1ruon of the commissioner of revenue, any application for refund filed by an applicant shall contain a false statement, or if the applicant is indebted to the state because of any tax refund which has been erroneously paid to him, the commissioner of revenue shall decline to approve the claim for refund until said applicant has complied with the law and removed the delinquency, whereupon said applicant shall be paid his claim for refund as prescribed in/this subsection if the commissioner of revenue finds that he is justly entitled thereto.
(2) The above conditions having beeu fully complied with, the commissioner of revenue shall determine the amount of the refund due on such application, and shall certify such amounr to the state auditor. The state auditor shall thereupon draw a warrant for such certified amount on the treasurer of" the state in favor of the person claiming such refund, and the treasurer of the state shall thereupon make payment of same to such applicant.
SECTION 2. All laws and parts of laws in conflict with this act are hereby repealed.
SECTION 3. This act shall become effective on the first day of I uly after it has been approved by the Governor of the State of Georgia.
Mr. Elliott of Muscogee moved that the House disagree to the Senate substitute to HB 229.

The motion to disagree prevailed.

Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:
SB 17. By Senator Millican of the 52nd: A bill to be entitled an act to make it lawful for any person, firni or partnership, upon the adjudication of insanity of any employee, to pay over whatsoever wages to the wife of said employPe that may be due, not to exceed two hundred dollars; and for other purposes.
Mr. Harrison of Wayne moved to table SB 17.
The motion to table prevailed.

954

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SB 20.

By Senator Millican of the 52nd:
A bill to he entitled an act to repeal chapter 101-1 of title 101 "State Librarian" of the Code of 1933, and in lieu thereof enact a new charter so as to provide a department of State library; and for other purposes.

~h. Harrison of Wayne moved to table SB 20.

On the motion to table, the ayes were 50, nays 53.

The motion to table was lost.

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

On the passage of the hill, Mr. Gowen of Glynn moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Polk
\
Adams of Towns Adams of Wheeler Arnall Avera Bagby Bloodworth Bostwick Britton Bruton Caldwell Callier Campbell Caswell Cates Causey Chalker Cheek Clark Claxton Cochran Covington Davis Dobbs Durden Edenfield Elliott Etheridge of Fulton Evans

Eve Evitt Flynt Freeman Garrard Ganett Gibbons Gibson Gowen Green of Rabun Greene of Crisp Hagan Hardin of Glascock Hardin of Turner Hardy Hefner Henderson Hicks Hill Hinson Holbrook Howard of DeKalb Hubert Hurt Ingle Jenkins Joel Jordan Kemper

Kendrick Kenimer Kenyon Key Leverette Lewis of Greene Lewis of Hancock Littlejohn
~Ic~Iillan ~IcWhorter ~Iallard
~Iann of Henry ~I a son
~latbews
~I athis
~Iavity ~leeks ~Iitchell
~foore of Lumpkin ~foore of Taliaferro ~I organ ~loye of Washington :Murphy :"ieel Nicholson :"iightingale Padgett Ramsay Reid

SATURDAY, MARCH 22, 1947

955

Sabados Salter Seagraves Shields Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton

Smith of Oglethorpe Stevens Swindle Thompson Towill Trulock Twitty Tuten

Tuttle Watford Wells of Lincoln Whaley Williams of Ware Willoughby Wilson

Those voting in the negative were Messrs.:

Addleton Barrett Black Byrd Chance Coogle Cowart Cox Crowe of Worth D.ykes Ellis Gary Glisson

Hall Harrison of Jeff Davis Harrison of Wayne Hobby Johnson of Bulloch Johnston of Lowndes Jones Knight Lockett McCracken Mann of Rockdale Miller Overby

Pulliam Ramey Rich Risner Rowland Smith of Bryan Vickers Walker Williams of Mcintosh Williams of Toombs Witherington Yawn

Those not voting were Messrs.:

Anglin Ansley Bargeron Battle Beddingfield Bennett Bradley Briscoe Brooke Cheshire Conger Crow of Walker Dorsey Etheridge of Baker Fowler Garland Garrison Goldberg Greer

Groover Hampton Harrison of Jenkins Higgs Holleman Howard of Dawson Huddleston Jennings of Baldwin Jennings of Sumter Kidd King Knabb Lokey Long Lovett Malone Manous .Massey Morris

Morrison Moye of Lamar Oden Pearlman Pennington Phillips Rainey Ray Riddlespurger Rucker Sills Skinner Smith of Carroll Vandiver Well" of Clarke Wel5ch Williams of Jones Willingham

956

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Mr. Crowe of Worth moved to table SB 20, and the motion was lost. The roll call was verified. On the passage of the bill, the ayes were llO, nays 38.

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

The following resolution of the House was read and adopted:
HR 129. By ~lr. Elliott of Muscogee:
A RESOLUTION
BE IT RESOLVED by the House of Representatives that the speaker of the House and his secretary are authorized to remain at the capitol fifteen (15) days after adjournment of the General Assembly for the purpose of completing the work in the. speaker's office.
BE IT FURTHER RESOLVED that the clerk of the House is authorized t~ remain at the capitol twenty (20) days after the adjournment of the General Assembly for the purpose of completing records and the necessary work in his office.
BE IT FURTHER RESOLVED that the chairman of the Engrossing, Enroll ment and Auditing Committees and five (5\ additional members of each of said committees to be appointed by the chairman and approved by the speaker are authorized to remain at the capitol. ten (10) days after adjournment for the pur pose of checking the bills and auditing the expenses and doing whatever is neces sary by the said committees and the members herein authorized to remain.
BE IT FllRTHER RESOLVED that the post mistress of the House be author ized to remain at the capitol three (3\ days for the purpose of forwarding mem hers' mail.
BE IT FURTHER RESOLVED that the chairman of the Penitentiary Com mittee be authorized to appoint a sub-committee to consist of not more than nine (9) members of the Penitentiary Committee, to be approved by the speaker, to include the chairman, vice chairman, and his secretary to visit the penal system of Georgia. Said visits not to exceed thirty (30) days in number, unless ordered by the speaker in a case of an emergency.
BE IT FURTHER RESOLVED that the speaker is authorized to appoint a committee from the members of the House of Representatives to consist of not more than five (5) persons to serve as a legislative investigating committee during the time that the legislature is not in session. Said committee shall be authorized to convene at any time when requested to do so by the speaker for the purpose of making investigation or inspection of any department or business of the State, when deemed necessary within the discretion of the speaker of the House of Representatives.
All of the above named persons are to receive the same compensation for the days that they remain at the capitol or when on actual business for the State or the House of Representatives, as authorized in this resolution, as they received during the session.

SATURDAY, MARCH 22, 1947

957

The following resolution of the Senate was read and adopted:

A resolution by Senators Weaver of the 51st and Hogg of the 24th:
Whereas, the Senate on the 20th day of MarCh, 1947, passed HB 10, the same being a local bill affecting Bibb county; and whereas, the Senator from the 51st had requested the Senator from the 24th not to pass out of his committee said bill; and whereas, the Senator from the 24th advises that if the bill was passed out by his committee such action was taken inadvertently;
Now therefore, be it resolved by 'the Senate, that the secretary call upon the clerk of the House of Representatives for the return of said bill. Be it fiirther resolved that on the return of said bill that the same be reconsidered and recommitted to the Committee on Counties and County Matters.
By direction of the House, HB 10 was returned to the Senate by the clerk.

Under the order of business established by the Committee on Rules, the following bill of the Senate was again taken up for consideration:
SB 96. By Senators Yates of the 44th, Griffith of the 28th and Callaway of the 25th:
A bill to be entitled an act to amend an act in reference to the salaries of certain officers and employees of the Supreme Court and Court of Appeals; and for other purposes.

The following substitute to SB 96 was read and adopted:
Substitute to SB 96. By Mr. Chalker of Pulaski:
SB 96. By Senators Yates of the 44th, Griffith of the 28th and Callaway of the 35th:
A bill to amend an act approved February 19, 1943 (Ga. Laws 1943, pp. 387-395) relating to costs collected in the Supreme Court and Court of Appeals and to the payment of salaries of certain officers and employees of said courts, by amending the first sentence of section 5, fixing the salary of the deputy clerk of the Supreme Court; and for other purposes.
The House substitute was as follows:
By Mr. Chalker of Pulaski:
A BILL
To be entitled an act to amend an act approved February 19, 1943 (Georgia Laws 1943, pp. 387-395) relating to costs collected in the Supreme Court and Court of Appeals and to the payment of salaries of certain officers and employees of said courts, by amending the first sentence of section 5 of said act, fixing the salary of the deputy clerk of the Supreme Court; and an act approved March 8, 1945 (Georgia Laws 1945, p. 235) relating to the salary of the deputy clerk of the Court of
Appeals, by amending section i of said act, fixing the salary of the deputy clerk of
the Court of Appeals; and for other purposes.

958

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. The first sentence of section 5 of the act approved February 19, 1943 (Georgia Laws 1943, pp. 387395), relating to the salary of the deputy clerk of the Supreme Court and which now reads as follows: "The salary of the deputy clerk of the Supreme Court shall be $3600 per annum, payable in equal monthly installments, to be paid by the state trea~urer from appropriations for the operation of the Supreme Court," is hereby amended so as to read as follows: "The salary of the deputy clerk of the Supreme Court shall be $5000 per annum, payable in equal monthly installments, to be paid by the state treasurer from appropriations for the operation of the S!-lpreme Court."
Section 2. The first sentence of section l of the act approved March 8, 1945 (Georgia Laws 1945, p. 235) relating to the salary of the deputy clerk of the Court of Appeals of Georgia and which now reads as follows: "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 the salary of the deputy clerk of the Court of Appeals shall be $3,600 per annum, payable in monthly installments," is hereby amended so as to read as follows: "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 the salary of the deputy clerk of the Court of Appeals shall be the same as that of the deputy clerk of the Supreme Court of Georgia; payable in equal monthly installments, to be paid by the state treasurer from appropriations for the operation of the Court of Appeals."
Section 3. All laws and parts of laws in conflict with this act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were Ill, nays 4.
The bill, having received the requisite constitution majority, was passed, by substitute.

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

Mr. Speaker:
The Senate ms1sts on its positiOn on the following bill of the House and respectfully asks that a committee of conference be appointed:

HB 229. By Messrs. Elliott, Shields and Holleman of Muscogee, Hubert of DeKalb and

Kemper of Bibb:

A bill to be entitled an act to amend the "Motor Fuel Tax Law"; and for other purposes.

The president pro tern. has appointed on the part of the Senate as a committee of

conference:

.,

Senators Millican of the 52nd. Hogg of the 24th. and Parker of the 54th.

SATURDAY, MARCH 22, 1947

959

The Senate has adopted report of the committee on conference on the following bill of the House:

HB 2. The Senate has agreed to the House substitute to the following bill of the Senate:

SB 96. By Senators Yates of the 44th, Griffith of the 28th and Callaway of the 35th:
:\ bill to amend an act approved February 19, 1943 (Georgia Laws 1943, pp. 387395), relating to costs collected in the Supreme Court and Court of Appeals and to the payment of salaries of certain officers and employees of said courts, by amending the lst sentence of section 5, fixing the salary of the deputy clerk of the Supreme Court; and for other purposes.

Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time:
SB 130. By Senators Walker of the 45th, Overstreet of the 18th, Weaver of the 51st, Trippe of the 38th, and others:
A bill to be .entitled an act to fix the salaries of the Secretary of State, Attorney General, State Superintendent of Schools, Comptroller General, Treasurer, Com missioner of Agriculture, members of the Public Service Commission. pnd Commis sioner of Labor; and for other purposes.

The following amendment to SB 130 was read and adopted:
:\lessrs. Smith of Emanuel and Hicks of Floyd move to amend SB 130:
By adding a new paragraph to be appropriately numbered as follows:
The salary and travel expense of the members of the State board of pardon and parole as provided in section 3 of an act approved February 5, 1943, Georgia Laws 1943, pages 189-195, entitled an act to create the State board of pardons and parole shall be $5,000.00 per annum payable in equal monthly installments and each member shall in addition to said salary and in lieu of any subsistence and necessary travel expenses as provided therein, receive the sum of $150.00 per month, plus transportation fare and per diem if travel is made by railroad or bus, or the regular mileage fee fixed by said act where private car is used in the performance of official duties.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, Mr. Lewis of Hancock moved the ayes and nays, and tbe call was sustained.

960

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Adams of Polk Adams of Towns Adams of Wheeler Ansley Avera Bagby Barrett Beddingfield Bostwick Britton Bruton Callier Campbell Caswell Cates Causey Chalker Chance Cheshire Clark Claxton Covington Cowart Davis Dobbs Dorsey Durden Dykes Ellis Etheridge of Fulton Evans Eve Evitt Flynt Freeman Garrett Gibbons Gibson Glisson Gowen Green of Rabun Greene of Crisp

Hagan Hall Hardin of Glascock Hardin of Turner Henderson Hicks Hill Hinson Hobby Holbrook Howard of DeKalb Hubert Hurt Ingle Jenkins Jennings of Baldwin Joel Johnson of Bulloch Johnston of Lowndes Jordan Kemper Kendrick Kenimer Key Kidd King Knight Leverette Lewis of Greene Lewis of Hancock Littlejohn Lockett McCracken McMillan McWhorter Mallard Mann of Henry Mann of Rockdale Mason Massey Mathews Mathis

Mavity Meeks Mitchell Moore of Lumpkin Moore of Taliaferro Morgan Morrison Moye of Lamar Moye of Washington Nicholson Nightingale Overby Padgett Ray Reid Riddlespurger Risner Salter Sills Skinner Smith of Chatham Smith of Clayton Smith of Emanuel Smith of Fulton Smith of Oglethorpe Stevens Towill Trulock Twitty Tuten Tuttle Vickers Walker Watford Wells of Lincoln Welsch Whaley Williams of Jones Williams of Toombs Williams of Ware Willoughby

SATURDAY, MARCH 22, 1947

961

Those voting in the negative were Messrs.:

Addleton Bennett Caldwell Cheek Cox Crowe of Worth Elliott Garrard Harrison of Jeff Davis

Kenyon Long Miller Morris Murphy Neel Pennington Ramsay Rich

Sabados Seagraves Shields Smith of Bryan Williams of Mcintosh Witherington Yawn

Those not voting were Messrs.:

Anglin Arnall Bargeron Battle Black Bloodworth Bradley Briscoe Brooke Byrd Cochran Conger Coogle Crow of Walker Edenfield Etheridge of Baker Fowler Garland

Garrison Gary Goldberg Greer Groover Hampton Hardy Harrison of Jenkins Harrison of Wayne Hefner Higgs Holleman Howard of Dawson Huddleston Jennings of Sumter Jones Knabb
Lok~y

Lovett Malone Manous Oden Pearlman Phillips Pulliam Rainey Ramey Rowland Rucker Smith of Carroll Swindle Thompson Vandiver Wells of Clarke Willingham Wilson

The roll call was verified.

On the passage of the bill, as amended, the ayes were 125, nays 25.

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, as amendeil, by the requisite constitutional majority the fol
lowing bills of the House and Senate, to wit:
HB 214. By Mr. Garland of Butts: A bill to be entitled an act to provide for home rule for counties electing to come under this act; to establish optional systems of county government for the several counties; to provide for the procedure for establishing such optional systems of county government; and for other purposes.

962

JOURNAL OF THE HOUSE,

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 109. By Senators Wideman of the 46th and Woodall of the 25th:
A bill to be entitled an act approved February 1, 1946, relating to the powers and duties of county boards of education, school districts and local school trustees by adding a new section to be appropriately numbered so as to provide that the county boards of education may divide the whole county into political sub-divisions for the purpose of issuing bonds to purchase school sites and build and equip school houses, etc.; and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 130. By Senators Walker of the 45th, Knox of the 29th, Overstreet of the 18th, Weaver of the 51st, and others:

'

A bill to be entitled an act to fix and equalize the salaries of the secretary of state,

attorney general, state superintendent of schools, comptroller general, treasurer,

commissioner of agriculture, and commissioner of labor, and to provide that all

of said salaries shall be $7.500 per annum; and for other purposes.

The following report was submitted and ordered included in the journal:
State of Georgia House of Representatives
Atlanta
March 21, 1947.
Doctor W. K. Smith, Chairman University System of Georgia Committee Atlanta, Georgia.
Dear Doctor Smith: Your subcommittee, appointed to visit the University of Georgia to investigate certain
things which have been reported to us by students of the University, visited that institution on March 18, 1947, and beg to submit the following report.
This subcommittee talked with various students at random, and wish to make the following recommendations to the Interim Committee:
(l) We recommend a complete audit of all departments by outside interests. (2) We recommend that the Interim Committee make a thorough investigation as to whether or not the veterans, and non-veterans for that matter, are getting their money's worth in relation to the amount of money paid in by the various groups.

SATURDAY, MARCH 22, 1947

963

(3) We recommend that the cost and quality of food supplied the students in the cafeteria be compared with that furnished students by private interests. This committee was told that if veterans bought meal tickets and for some reason had to turn them back in, they only received half value for them.

(4) We recommend that a complete check of equipment and teacher needs be made in order to determine if each department is adequately supplied, particularly in the School of Law and School of Agriculture.

(5) We recommend a complete audit of the book store and laundry by out side interests.

(6) We recommend that a thorough investigation be made in order to try to work out some plan in order to admit as many students as possible who are desirous of entering the University of Georgia. This committee would like for the Interim Committee to investigate the feasibility of admitting no freshmen and sophomore girls at the University of Georgia by requiring them to go elsewhere in the University System in order to accommodate as many male veterans as possible.

This subcommittee will be glad to cooperate in any way possible with the Interim Committee.
Yours respectfully,
J. Brantley Johnson, Jr.,
Representative Bulloch County
Culver Kidd, Representative Baldwin County
J. L. Sibley Jennings, Representative Baldwin County
Maynard Higgs, Representative Atkinson County

The speaker appointed as a committee of conference, on the part of the House, on HB 229, the folJowing members:
:\fessrs. Elliott of Muscogee, Hubert of DeKalb, and Kemper of Bibb.

The following bills and resolution of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:
HB 243. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Emanuel; and others:
A bill to be entitled an act relating to the regulation of rates for casualty insurance; and for other purposes.

964

JOURNAL OF THE HOUSE,

The following Senate amendments to HB 243 were read:

Senate Amendments to HB 243. By the Senate:
Amend section 2, subdivision (c):
By striking out in the second line therefrom the words, "other than workmen's compensation and employers' liability" so that said subdivision (c) as amended will read:
" (c) insurance against loss of or damage to aircraft or against liability aris ing out of the ownership. maintenance or use of aircraft;"
Amend section 2:

By adding a new subdivision which will be lettered (d) to provide as follows:
"(d) Workmen's compensation insurance. Provided however, that the filings required by chapter 114-6, section 114-609, may be made in behalf of any carrier of workmen's compensation insurance by a rating organization licensed in accord ance with the provisions of section 6 of this act."

Amend section 19:
By striking out the entire part and substituting thereof the following:
"Section 19.-Laws repealed.
Section 56-219 to section 56-222, inclusive, Georgia Code of 1933, shall be inapplicable with respect to the kinds of insurance to which this act applies or to workmen's compensation insurance. All other laws or parts of laws in conflict with this act be and the same are hereby repealed."

The Senate amends section 6 (a) of HB 243:
By making the license fee for each rating organization $125.00 instead of $25.00 as prescribed in said section. On the question of agreein~ to the Senate amendments to HB 243, the ayes were 107, nays 0.
The Senate amendments were agreed to.

HB 244. By Messrs. Phillips of Columbia, McCracken of Jefferson, Smith of Fulton, and others.
A bill to be entitled an act to regulate the making and applying of rates for fire, marine and inland marine insurance; and for other purposes.

SATURDAY, MARCH 22, 1947

965

The following Senate amendment to HB 244 was read:

By the Senate:
The Senate amends section 6 (a) of HB 244:
By making the license fee for each rating organization $125.00 instead of $25.00 as prescribed in said section.
On the question of agreeing to the Senate amendment to HB 244, the ayes were ll3, nays I.
The Senate amendment was agreed to.

HB525. By Messrs. Howard, Hubert and McWhorter of DeKalb:
A bill to be entitled an act to create a system of pensions and retirement pay for officers and employees of DeKalb county; and for other purposes.

The following Senate amendments to HB 525 were read:
By the Senate:
The Senate moves\ to amend HB 525:
By striking section 5 in its entirety and inserting in lieu thereof the following:
"Section 5. All county officers and employees of DeKalb county who are employed or hold office on the effective date of this act are subject to the terms and provisions thereof. 'Employees', and 'officers', as the terms shall be used he~:ein, shall include salaried employees and deputies of county officers by whatever name or title employed or deputized, except elected county officers and members of the board of tax assessors."
The Senate moves to amend HB 525:
By adding to section 4 the following:
Payment of pensions provided for in this act shall be made exclusively from the pension fund hereinafter provided for and no obligation is created by the county to pay pensions except .from said fund and the county authority shall not be required to supplement said pension fund or to contribute a larger amount than that provided for in section 13 of this act."
On the question of agreeing to the Senate amendments to HB 525, the ayes were 103, nays 0.
The Senate amendments were agreed to.

966

JOURNAL OF THE HOUSE,

HB 189. By Messrs. Williams of Mcintosh, Nightingale and Gowen of Glynn:

A bill to be entitled an act creating the Georgia coastal scenic highway authority; and for other purposes.

The following Senate amendment to HB 189 was read:
By the Senate: The Senate amends HB 189 by striking section 21 in its entirety.
On the question of agreeing to the Senate amendment to HB 189, the ayes were 103, nays 0.
The Senate ~mendment was agreed to.

HB 80. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to amend the code by striking an entire section and adding in lieu thereof a new section and increasing the fees of the constables of the militia districts; and for other purposes.

The following Senate amendment to HB 80 was read:
By the Senate:
The Senate moves to amend HB 80 as follows:
1. By adding the words, "and for other purposes" at the end of the caption.
2. By striking from the new section 24-820 of the code on the second page the words "serving summons attachment 1.00".
3. By striking the words "levying advertisement 1.00" on the third page of said bill and inserting in lieu thereof the words, "levying each distress warrant 3.00", and adding immediately thereafter in the schedule the words, "each advertisement 1.00".
On the question of agreeing to the Senate amendment to HB 80, the ayes were 108, nays 0.
The Senate amendment was agreed to.

HB 541. By Messrs. Kendrick, Etheridge and Smith of Fulton:
A bill to be entitled an act to create an airport authority in counties of this State having a certain population; and for other purposes.

SATURDAY, MARCH 22. 1947

967

The following Senate amendment to HB 541 was read:

By the Senate:
The Senate amends HB 541: By striking the word "six" in line 6 of section 2 and insert the word "four".
Amend section 3, line 5, after the word "county" by adding the following: "outside of incorporate limits of cities in said counties".
On the question of agreeing to the Senate amendment to HB 541, the ayes were 103, nays 0.
The Senate amendment was agreed to.

HB 470. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; to extend the corporate limits of said city; and for other purposes.

The following Senate substitute to HB 470 was read:
An act to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that 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' be and the same are hereby amended as follows:
Section 1. That the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all of the territory lying within the following boundary lines:
Beginning at a point on the existing corporate limits of the City of Atlanta where same intersects the westerly line of land lot 56 of the Seventeenth Dis .
trict of Fulton County; thence northerly along said westerly line of land lot 56 and along the westerly line of land lots 57 and 58 of said district to a point where the northerly right-of-way line of the Seaboard Air Line Railway Company intersects the westerly line of land lot 58'; thence easterly along the northerly right-of-way line of said railway company to a point of intersection with the easterly side of Piedmont Road; thence southerly along the easterly side of Piedmont Road to the intersection of Piedmont Circle; thence southeasterly and southwesterly along the easterly side of Piedmont Circle and continuing across Cheshire Bridge Road and along the easterly side of Piedmont Road to the present corporate limits of the City of Atlanta; thence westerly, southerly, westerly, southerly and westerly along the present limits of the City of Atlanta to the point of beginning.
Section 2. All the power and authority of the City of Atlanta under its pres ent charter and ordinances and all laws appertaining to said city as a munici pality 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

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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, marshal, clerk of council, building inspector, recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they 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 is bound for the payment of such bonds equally with the other territory of the City of Atlant1,1.

Section 3. All laws and parts of laws in conflict with this act be and the same are hereby repealed.

On the question of agreeing to the Senate substitute to HB 470, the ayes were 103, nays 0.

The Senate substitute was agreed to.

HB 534. By Messrs. Smith, Kendrick and Etheridge of Fulton:
A bill to be entitled an act to 11mend an act establishing a new charter for the City of Atlanta; and for other purposes.

The following Senate substitute to HB 534 was read:
Senate Substitute to HB 534. By the Senate:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, and it is hereby enacted by authority of the same, that 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'' be and the same are hereby amended as follows:
SECTION I
That the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all the territory lying within the following boundary lines:
Beginning at a point on the existing corporate limits of the City of Atlanta in land lot 150 of the Seventeenth district of Fulton county, at an intersection with a line five hundred (500) feet west of the westerly line of Northside drive

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969

and measured at right angles thereto; thence in a northwesterly and northerly direction, five hundred (500) feet distant and parallel to said westerly side of Northside drive to a point of intersection with the northerly line of land lot 160 of the said Seventeenth district of Fulton county; thence easterly along the northerly line of land lots 160, 139, ll7, 96, 64, 43 and also along the northerly line of land lot ll to the northwest corner of property of the Brookhaven country club same being twenty-two hundred (2200) feet, more or less, west of the county line between Fulton county and DeKalb county; thence in a southeasterly direction along the southwesterly property line of the above mentioned Brookhaven country club to a point; thence continuing in a northeasterly direction along the line of said Brookhaven country club property; thence in a southerly direction along the said Brookhaven country club property to the northeasterly side of Brookhaven drive to the county line between Fulton county and DeKalb county; thence in a southerly direction along said county line to a point of intersection with the now existing city limits of the City of Atlanta, same being the northwest corner of land lot 56 of the Eighteenth district of DeKalb county; thence southerly, westerly, northerly and westerly along the present corporate limits of the City of Atlanta to a point of intersection with the easterly side of Piedmont road; thence northerly along the easterly side of Piedmont road and across Cheshire Bridge road and continuing northerly along the easterly side of Piedmont circle and Piedmont road to a point of intersection with the northerly right-of-way line of the Seaboard Air Line railway company; thence westerly along the northerly right-of-way line of said railway company to a point of intersection with the westerly line of land lot 58 of the Seventeenth district of Fulton county; thence southerly along the westerly line of land lots 58, 57 and 56 to an intersection with the existing city limits where same crosses said westerly line of land lot 56 of the Seventeenth district of Fulton county; thence westerly, northerly, westerly, southerly along the existing limits of the City of Atlanta in its various courses to the point of beginning.
(The above described property lines of the Brookhaven country club are as shown on map as follows:
Map of Brookhaven showing property of Brookhaven Estates and Brookhaven country club-Knox T. Thomas, Civ. Eng. January 1912-)
On file in the office of clerk of superior court in plat book 4, page 194)

SECTION 2
The said described territory shall become a part of the City of Atlanta, January 1, 1948, on the condition that this charter amendment shall be approved and ratified by a majority of the qualified electors of said territory voting at an election called and held as hereinafter provided. Only qualified electors residing in said territory shall be eligible to vote in said election. If a majority of those voting shall vote in favor of the approval and ratification, then this act shall be of full force and effect.
SECTION 3
It shall be the duty of the ordinary of Fulton county to call an election in the described territory, in all the voting precincts therein, not sooner than 90 days nor later than 150 days after the approval of this act. Notice shall be given of said election in each of the daily papers at least 30 days before the date of holding said election, notifying the qualified voters thereof that the election will be held on the question of approval and ratification of this amendment. The expense of

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holding said election shall be paid by the City of Atlanta. The mayor of the City of Atlanta and the chairman of the board of county commissioners of Fulton county shall each be authorized to designate one or more persons to be present at each voting precinct at all times during the voting and the counting of the votes.

SECTION 4
All persons voting at said election in favor of the approval and ratification of this charter amendment shall have written or printed on their ballots the follow ..ing words: "For approval and ratification of charter amendment extending the limits of the City of Atlanta" and all phsons voting against approval and ratifi cation shall have written or printed on their ballots the following words: "Against approval and ratification of charter amendment extending the limits of the City of Atlanta." Voting machines may be used. If a majority of those voting at said election shall vote in favor of the approval and ratification as herein provided, the ordinary of said county shall so declare, and shall furnish the Secretary of State and clerk of council of the City of Atlanta each a certified copy of the results of said election and a certified copy of his declaration declaring that a majority of the qualified voters voting at said election had approved and ratified this amendment.

SECTION 5
Said described territory shall be divided into two separate and distinct addi tiona] wards for the City of Atlanta as follows: Those residing on Peachtree road and on both sides thereof and in all territory east of Peachtree road shall constitute one ward and all the balance r>f said territory shall constitute another ward, subject to change in ward lines by the mayor and general council for the benefit of the citizens thereof. Each of said wards shall be entitled to one alderman and two councilmen and a member of the board of education. Any change made by the mayor and council in the1 ward lines shall not increase the number of wards in the City of Atlanta to more than eight wards. The representatives in the general council and on the board of education herein authorized shall be in addition to those now authorized by the charter.

SECTION 6
It shall be the duty of the mayor and general council to call an election within said territory in the specific wards within 90 days after the approval and ratifi cation of this amendment for the purpose of selecting one alderman and two conn cilmen and a member of the board of education to represent said additional wards in the general council and on the board of education until January 1, 1950. Successors to these officers shall be elected at the next general election by the qualified voters of the City of Atlanta as provided for other aldermen and councilmen and members of the board of education.

SECTION 7
All powers and authority of the City of Atlanta under its charter and ordinances 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. 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 business; to

SATURDAY, MARCH 22, 1947

971

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, marshal, clerk of council, building inspector, recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits 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 is hound for the payment of such bonds equally with the other territory com prising the City of Atlanta.

SECTION 8
That any common carrier or public transportation company, now operating under any certificate of convenience and necessity wholly or partially within the territory annexed or any part thereof, shall, from and after the annexation of such territory by the City of Atlanta, he entitled as a matter of right to continue such operation over the territory traversed after such territory has been annexed, in the same manner that said company or companies operated prior to such annexation. Upon annexation by the City of Atlanta of the territory under the terms of this amendment, such company or companies shall immediately file with the clerk of council of the City of Atlanta, a schedule of the routes so operated.

SECTION 9
If any clause, sentence, paragraph or any part of this act shall for any reason be adjudged by any court of competent jurisdiction to he invalid, such judgment shall not affect, impair, or invalidate the remainder of this act.

SECTION 10
That all laws and parts of laws in conflict with this act he and the same are hereby repealed.
On the question of agreeing to the Senate substitute to HB 534, the ayes were 103, nays 0.
The Senate substitute was agreed to.

HB 329. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A hill to he entitled an act to amend an act providing for a pension system in cities of a certain population; and for other purposes.

The following Senate substitute to HB 329 was read:
By the Senate: Senator Millican of the 52nd moves to amend HB 329: By striking said bill in full and substituting in lieu thereof the following hill, to he known as Senate Substitute Jor House Bill 329:

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An act to amend an act approved August 20, 1927 (Georgia Laws, 1927, p. 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 in active service, whose names are on the payroll of the city and future members as specified and for the other purposes recited therein, as amended from time to time, so as to provide that whenever any officer or employee of such city is transferred from one department to another, he shall be entitled to become a member of the pension fund of the department to which he has been transferred and to receive credit for his service; so as to provide that the decision of the board of trustees shall be subject to review by the Superior Court; so as to reopen the pension fund until July I, 1947; so as to provide for additional pensions for each year over 25 years of service not to exceed 35 years; so as to provide for retirement for those reaching 70 years of age; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that the act approved August 20, 1927 (Georgia Laws 1927, p. 265), as amended by the several acts amendatory thereof, be and the same is hereby further amended as follows:

SECTION 1. That said act, as amended, be further amended by adding the following section at the end thereof:

"Whenever any officer or employee of such city is transferred from one depart ment to another, he shall be entitled to become a member of the pension fund of the department to which he has been transferred and to receive credit for the years of service in the department from which he has been transferred by paying into the pension fund of the department to which he is transferred the amount of premiums he would have paid into said fund if he had been a member of said
department for the number of years h.e claims credit for service in the other depart-
ment. Such transferred employee shall have the right to have transferred from the pension fund the amount he had paid into such fund. The rights given in this act shall be effective as to the officers and employees who have transferred prior to this act, as well as future transferees. This act shall apply to all the pension funds of such city, namely, the policemen's pension fund, the firemen's pension fund and the general employees pension fund."

SECTION 2. That section 4 of said act, as amended, providing for a board of trustees, be further amended by adding the following provisions at the end thereof:

"The decision of said hoard of trustees granting or refusing a pension shall be subject to review by the Superior Court in an action at law, suit in equity, writ of certiorari as provided by general law for such writs or other proper pro ceeding, upon petition of such city or any other person who may have an interest in the funds provided by this act, as amended."

SECTION 3. That section 3 of said act, as amended, providing for a pension to officers and employees be further amended to read as follows:

"When such officer or employee shall'retire as a matter of right, he shall be paid one-half of the salary he was receiving at the time of his retirement, for the rest of his life, to be paid monthly. The maximum amount to be paid to any officer or employee as a pension, under this act, shall be the sum of $100.00 per month, except as otherwise provided herein. The pension herein authorized shall

SATURDAY, MARCH 22. I947

973

be increased by a sum equal to 4% of each of such monthly payments for each full year of active service in excess of 25 years and not in excess of 35 years, which said sum shall be added to the monthly payments herein authorized. The records, kept in the office of the comptroller of such city, shall be conclusive as to the time served."
SECTION 4. The aforesaid act is further amended by substituting the following section for section 34, as amended by the act approved the 8th day of March, I945 (Georgia Laws I945, p. 999):
"Section 34. The board of trustees shall permit any officer or employee on or before July I, I947, 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 and employee shall pay into said fund the sum of two percentum of his salary computed from November 1, I927, or, if he began his service with the city subsequent to November I, I927, but before May I, I935, 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 com puted from May I, I935, or if subsequent to May I, I935, then from the date of entry into the service of the city, to the date of his entry into the pension fund and in the event he desires to provide for the continuance of such payment to his widow, his contribution for the period of employment between November I, I927, to May I, I935, shall be 3% and from May I, I935, to the date of his entrance into the fund shall be 4% and, provided further he shall serve at least 3 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 shall not be computed on any salary in excess of $200.00 per month. Provided, further, 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 months beginning as of the date of his entrance into said fund."

SECTION 6. That said act, as amended, be further amended by adding the following provision:

"All officers and employees who shall have reached their 70th birthday shall be compelled to retire at the end of the calendar year immediately following their 70th birthday. All such officers and employees shall be entitled to a pension when so retiring, whether they have served 25 years or not. For example, if such officer or employee has served IO years, he shall be entitled to I0/25ths of the pension that he would be entitled to had he served 25 years. Fractional parts of years shall not he counted. Provided, however, that any officer who is elected for a term prior to his 70th birthday or any officer who was elected prior to the enactment of this act, shall have the privilege of completing his term of office before he shall be compelled to retire. Provided, further, that the board of education shall be authorized to require employees of the school department to retire upon reaching 65 years of age and that the mayor and general council shall have like powers with respect to other employees covered by this act."

SECTION 7. That said act, as amended, be further amended by adding the following provision:

"Any officer elected or appointed for a definite term who is a member of said pension fund, who shall fail to be re-elected or reappointed, or whose office shall be abolished, shall be entitled to a pension upon the following basis: No such person shall be entitled to a pension until such person has been in the employment of the city for a period of I5 years. Such person shall thereafter be .

JOURNAL OF THE HOUSE,
entitled to receive as a pension such percentage of the full pension provided for as his years of service bear to 25 years. Such pension shall be computed and paid in the manner provided in section 6-306 of the code of the City of Atlanta of 1942. Such officer shall otherwise be entitled to all the rights and benefits pro vided in said act for officers and employees who have or may become totally and permanently disabled."
SECTION 8. That the aforesaid act, as amended by the act approved March 19, 1943 (Georgia Laws 1943, p. 551) be amended by adding at the end of section 6 thereof the following:
"All such officers and employees who were inducted in the armed forces of the United States prior to March 19, 1943 (the date of said amendment), who become members of such pension fund under section 34 of said act as amended by this act or any prior act, shall have credit for the time served in the armed forces of the United States in the computation of the time required before becoming eligible to retire on a pension."
SECTION 9. All laws and parts of laws in conflict herewith are hereby repealed.
On the question of agreeing to the Senate substitute to HB 329, the ayes were 103, nays 0.
The Senate substitute was agreed to.
HR62-303b. By Mr. Rowland of Johnson: A resolution to authorize the State librarian to furnish certain volumes to the clerk of the superior court of Johnson county; and for other purposes.
The following Senate amendment to HR 62-303b was read:
By the Senate:
The Senate moves to amend HR 62-303b: By adding a new paragraph at the end of the same which shall read as follows: "If for any reason the State librarian cannot furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for the same."
On the question of agreeing to the Senate amendment to HR 62-303b, the ayes were 116, nays 0.
The Senate amendment was agreed to.
HB 18. By Mr. Hicks of Floyd: A bill to be entitled an act to provide for the venue of suits and citations for settle ment, accounting or removal, against non-resident administrators and executors or guardians appointed by any court of this State; and for other purposes.

SATURDAY, MARCH 22 1947

975

The following Senate amendment to HB 18 was read:

By the Senate:
The Senate amends HB 18 as follows:
1. By adding after the word "person" in line 3 of section one of said act the following: "or any person a resident of this State who so qualifies and subsequently removes from this State shall",
2. By amending the caption by adding after the word "State" in line 4 thereof the following: "or any person a resident of this State who qualifies as administrator, executor or guardian and subsequently removes from the State".
On the question of agreeing to the Senate amendment to HB 18, the ayes were 104, nays 0.
The Senate amendment was agreed to.

HB 238. By ::\Iesm;. Ansley of Lee, McCracken of Jefferson, and Durden of Dougherty:
A bill to be entitled an act to amend an act to regulate parking motor vehicles and other vehicles on State aid roads; and for other purposes.

The following Senate amendment to HB 238 was read:
By the Senate:
The Senate amends HB 238, section 1, line 11: By striking the word "interstate" and inserting "intrastate'' and striking in line 13 the word "charter" and inserting the word "character".
On the question of agreeing to the Senate amendment to HB 238, the ayes were 104, nays 0.
The Senate amendment was agreed to.

HB 265. By :\h. Walker of Ben Hill:
:\ bill to be entitled an act to amend the Code of Georgia, relating to the manner in which assessments for municipal street improvements shall be payable in installments; and for other purposes.

The following Senate amendment to HB 265 was read:
By the Senate:
The Senate amends HB 265: By striking the words "seven per cent" wherever it occurs and inserting in lieu thereof "sh per cent".

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On the question of agreeing to the Senate amendment to HB 265, the ayes were 109, nays 0.

The Senate amendment was agreed to.

HR 70-338a. By Messrs. Wilson, Vandiver and Kemper of Bibb:
A resolution providing for repeal of the amendment to article 7, section 4, para graph 15, of the Constitution of 1945, as it relates to Bibb county; and for other purposes.

The following Senate amendment to HR 70-338a was read: By the Senate:
The Senate amends HR 70-338a: By striking the third paragraph of the preamble.
On the question of agreeing to the Senate amendment to HR 70-338a, the ayes were 137, nays 0.
The Senate amendment was agreed to.

The following bill of the House was taken up for the purpose of considering the report of the committee of conference thereon:
HB 2. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an act to provide for municipal home rule; to establish optional systems of municipal government for certain cities and towns in Georgia; and for other purposes.

The Senate substitute and amendments to HB 2 are as follows:
Senate Substitute to HB 2:
A bill to be entitled an act to provide for municipal home rule; to establish optional systems of municipal government for certain municiP.alities in Georgia; to provide the procedure for establishing such systems of government; to prescribe the powers vested in municipalities under such optional systems; to provide for initiative. referendum and recall for municipalities; to provide how this act shall become effective; and for other purposes.
WHEREAS, paragraph 1 of article XV of the Constitution of Georgia approved August 7, 1945, provides:
"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

SATURDAY, MARCH 22, 1947

977

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."

THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME THAT:

Section I. That this act may be cited as the Municipal Home Rule Law of 1947.

Section 2. Original charters, whether for cities or towns, may be granted only

by the General Assembly.

Section 3. Any city or town may frame and adopt a charter of its own government, provided it is consistent with the subject to the constituti,on and general laws of this State, and in the following manner:

(a) The legislative body of the city may by ordinance submit to the voters the question: "Shall a commission be selected to frame a charter?"

If the ordinance is adopted and signed not more than ninety (90) days nor less than sixty (60) days before the next election, the question shall be submitted at such election, and if not, then at a special election to be held not less than sixty (60) nor more than ninety (90) days from the passage of such ordinance.

(b) If a petition signed by twenty.five per cent (25%) of the voters of the city who were eligible to participate in the last general election shall be filed with the city clerk, or other official discharging such duties, requesting the submission to the voters the question, "Shall a commission be selected to frame a charter?", the governing authority of said city shall submit the same at the next general elec tion if a general election is to be held, not less than sixty (60) nor more than ninety (90) days from the time of the filing of such petition, otherwise such author ity shall submit such question to the qualified voters of such city at a special election to be held not more than ninety (90) nor less than sixty (60) days from the time of the filing of the said petition. The city clerk, or other official in charge of city elections, shall determine the sufficiency of such petition.

(c) If such question be submitted under the provisions of subparagraphs a or b of this section, any person may become a candidate to serve upon such commission by filing a notice of such intention with the city clerk, or other official in charge of city elections, not less than 30 days prior to the election at which such question is to be submitted. The names of such candidates shall be printed on the same ballot with the question in alphabetical order, without party designation. Each voter shall vote for not more than seven (7\ such candidates.

(d) If a majority of the votes cast in such election are in favor of the selection of such commission, the seven (7) candidates receiving the highest number of votes shall constitute such commission. If less than seven (7) persons should be nominated, the number needed to constitute a commission of seven (7) shall be named by the governing authority of such city. All necessary expenses of the commission in the framing of the charter, including the expe~ of legal counsel and advice, shall be paid by the city, but the members of the commission shall receive no compensation themselves. Such commission shall within ninety (90) days submit the charter so framed to the governing authority of such city. The commission may submit for separate vote any parts of the charter or any alternative sections or articles and the alternative sections or articles receiving the larger affirmative vote shall prevail if the charter be adopted.

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(e) Upon the submission of such charter, the governing authority of the city shall cause the same to be submitted to the voters of the city at the next general election to be held for said city if the time of such general election is within ninety (90) days from the time such charter is so submitted to the governing authority of the city, otherwise, it shall be submitted at a special election to be held not less than sixty (60) nor more than ninety (90) days from the time such charter is so submitted by the said commission. If a majority of the voters par ticipating in such election vote in favor of the adoption of such charter, it shall become the charter of the city at the time fixed therein and shall supersede any existing charter and amendments thereto.
(f) If such charter be approved, two copies of the same, duly authenticated by the mayor or other executive officer of the city, attested by the clerk under seal of the city, shall be prepared. One copy shall be filed with the Secretary of State within thirty (30) days of the adoption thereof, and the other shall be recorded upon the minutes of the governing authority of the city, and thereafter shall be deposited in its archives and all courts shall take judicial notice thereof.
(g) Notice of any election, either regular or special, at which any question is to be submitted pursuant to this act, together with the questions or proposals, either or both, to be submitted thereat, shall be published once a week for the four (4) weeks next preceding such election in the official gazette of the said city, or if there be none, then in the newspaper in which sheriff's sales are adver tised for the county in which such city is located.
(h) Amendments to any charter adopted under the foregoing provJSions may be proposed by the legislative body of the city, or may be proposed by a petition signed by twenty-five per cent (25%) of the voters qualified to participate in the last general election and filed with the .city clerk or other official having charge of city elections. Upon such amendments being proposed, the legislative body of the city shall submit the same to the voters of such city at the next general election if the same is to be held within ninety (90) days from the time such amendment is proposed, otherwise, the same shall be submitted at a special election to be called not less than sixty (60) nor more than ninety (90) days from the time of the proposal of such amendment.
(i) Any amendment approved by a maJority of those participating in such election shall become a part of the charter of such city at the time and under the conditions fixed in the amendment. Such amendments or any section, article or portion thereof may be submitted separately or in the alternative in the same manner as a complete charter. Authenticated copies of amendments so adopted shall be filed with the Secretary of State and recorded and lodged in the same manner and within the same time as herein provided for complete charters and shall have the same judicial notice taken thereof.
Section 4. Any city which creates or adopts a charter in conformity with the foregoing provisions shall have within the limitations fixed by the constitution or general law all the power necessary, requisite or proper for the government and administration of its local and municipal affairs, including the power to legislate upon, provide, regulate, conduct and control.
(a) Xhe establishment of municipal offices, agencies and employment; the definition, regulation and alteration of the powers, duties and qualifications, the fixing of compensation, the terms or tenure of all municipal officers, agents and employees; the establishment and operation of waterworks, incinerators, sewage systems and disposal plants, and electric generating plants and distribution sys terns; provided that the municipal governing authority shall not have the right to fix or cJlange their own terms ,or compensation.

SATURDAY, l\IARCH 22, 1947

979

(b) The creation of police courts and maintenance of police and fire departments.

(c) The levying of taxes within the limits fixed in its charter to support all municipal functions.

(d) The issuance, refunding and liquidation of financial obligations, including school, street, water, electric generating plant and distribution system and sewer bonds, and the issuance of revenue anticipation certificates to provide funds for the construction in whole or in part of revenue producing facilities.

(e) The establishment and maintenance of hospitals and clinics for the reception and treatment of ch11ritable and pay patients.

(f) The acquisition, construction, ownership and operation of public parks, swimming pools, golf courses, recreation grounds, air-fields and airports.

(g) The right to contract with other political subdivisions for joint services or the exchange of services.

(h) The establishment of merit systems, civil service, and retirement systems for all municipal and school employees.

(i) All matters pertaining to municipal election in such city, including the calling and giving of notice of the date of such elections, the registration of voters, nominations, the designation of clerks of elections, the form of ballots, balloting, challenging, canvassing and certifying the result, securing the purity of elections, and guarding against abuses of the elective franchise.

(j) By adopting a charter in conformity with said foregoing provisions, no city or municipality shall secure any right or authority other than as now provided in existing charters or in existing general laws, to grant any franchise to any electric power company or other public utility; and any restriction or restrictions, now contained in any existing charter of any municipality or city, against the grant of rights or franchises to any public utility or against the sale of any property to any public utility without an affirmative vote in favor of the grant of such rights or franchises or in favor of the sale of such property in such manner and amount as now, provided in said charters of said cities and municipalities, shall remain in full force and effect regardless of whether or not any charter is adopted, or amended, in conformity with the provisions of this act.

Section 5. :\ny municipality may come under the prOVISIOns of this act and retain its present corporate charter instead of having a new charter framed if the legislative body of the city submits to the voters the question: "Shall this city come under the provisions of the Municipal Home Rule Law of 1947 and retain its present charter with the right to amend the same under the terms of said act?" and if a majority of those participating at such election vote in the affirmative upon such question. If a petition signed by twenty-five per cent (25%) of the voters of the city prepared in the manner as set forth in sub-paragraph (b) of section 4 is filed asking for the submission of the said question, it shall be mandatory upon the legislative authority to call an election therefor. Such election in either case shall be called and held in the same manner and under the same provisions as set forth in sub-paragraph (b) of paragraph 3 of this act except that no charter commission shall be elected. If a majority of the voters participating in such election favor the affirmative, such city shall have the power to amend its charter in the manner set forth in section 3 hereof, and it shall also have all of the powers granted under section 4 hereof.

980

JOURNAL OF THE HOUSE,

Section 6. Any municipality of this State, pending such time as it may frame and adopt its own charter pursuant to the foregoing provisions of this act, or elect to come under this act and retain its present charter, may exercise in addition to those which it may now have, all of the following powers:
(a) To establish and provide for municipal offices, agencies, employees; to define the powers, duties, and qualifications thereof, and to fix the compensation, term or tenure of all municipal officers, agents and employees; and to construct, maintain and operate waterworks and sewerage systems; provided that the municipal governing authority shall not have the right to fix or change their own terms or compensation.
(b) To levy taxes for all municipal functions within the limits fixed in its charter, and to levy reasonable license, privilege and occupation taxes on business carried on within the corporate limits of such municipality.
(c) To incur indebtedness for proper legal purposes by the issuance of bonds or notes, and to issue revenue anticipation certificates to provide funds for the construction in whole or in part of revenue producing facilities in the manner and subject to the limitations prescribed by the constitution and laws of Georgia.
(d) To establish, maintain and operate hospitals and cli'nics for the reception
and treatment of charitable and pay patients.
(e) To establish, maintain and operate public parks, swimming pools, golf courses, recreation grounds, airfields and airports.
Section 7. Any officer or member of the governing body of any municipality who is elected by vote of the people shall be subject to removal during their respective terms of office in the following manner:

(a) Whenever twenty-five per cent (25%) of the voters eligible to participation in the last preceding general election shall so request in a petition filed in the office of the city clerk or the official having charge of elections, a special election shall be called and held within sixty (60) days from the date of filing of such petition on the subject only of the recall and non-recall of such official. It shall be the duty of such official having charge of elections to check the names on said list and report to the city governing body the number of registered voters thereon, in order to determine if the required number have signed the said petition. This report shall be submitted to the governing body with the petition at the next meeting held more than five (5) days after the filing of such petition. When so reported with the required certificate attached, the governing body shall order an election to be held not less than thirty (30) nor more than sixty (60) days from the time of filing of such petiton with the clerk or other official having charge of elections. Such election shall be held under the same rules and regulations as govern regular city elections. At this election, the ballots shall be as follows, with the names of such officer and office inserted in the blanks:

For the recall of...................................... Holding the office of............................................. Against the recall of......................................... Holding the office of........................................... (b) A meeting of the general council or other governing body shall be called and held within five (5) days after such election is held for the purpose of can-

SATURDAY, MARCH 22 1947

981

vassing the votes and determining and declaring the result thereof. If two-thirds of the total number of voters eligible to participate in the election vote in favor of the recall of the official, his office shall be declared immediately vacant and the vacancy shall be filled in the same manner as if the vacancy had been caused by the resignation of such official, but if two-thirds of the total number of voters eligible to participate in the election fail to vote in favor of recall, the official shall retain his office and no other recall election shall be held so far as such official is concerned for a period of one year..
Section 8. It is the intention of this act to provide for a uniform system of municipal government by the municipalities of Georgia in all local or municipal matters therein, in pursuance of section I of article XV of the State Constitution, approved August 7, 1945, and the enumeration herein of certain powers shall not be construed as denying to such municipalities and the people therein any right or power essen~ial or proper to the full exercise of such rights, or which they may now have by virtue of the constitution and general laws of this State. Nothing contained in this act shall be construed to authorize any municipalities of Georgia to alter, extend or enlarge the corporate limits of such municipalities unless such authority is specifically provided for in the present charter of such municipality or the general law of the State of Georgia.
Section 9. This act shall not become effective as to the municipalities located within any county of this State until the General Assembly shall by act or reso lution declare that it is made so effective.
Section 10. This act is hereby declared to be immediately effective as to the municipalities that are now or which may hereafter be located in each of the following conunties, to wit: Appling, Atkinson, Bacon, Baldwin, Banks, Barrow, Bartow, Ben Hill, Berrien, Bibb, Brooks, Bulloch, Burke, Butts, Calhoun, Camden, Carroll, Catoosa, Charlton, Chatham, Chattahoochee, Cherokee, Clarke, Clay, Clayton, Clinch, Cobb, Colquitt, Columbia, Cook, Coweta, Crawford, Crisp, Dade, Dawson, DeKalb, Dooly, Dougherty, Douglas, Early, Echols, Effingham, Elbert, Emanuel, Fannin, Fayette, Floyd, Forsyth, Franklin, Fulton, Glascock, Glynn, Gordon, Grady, Greene, Gwinnett, Habersham, Hall, Haralson, Harris, Hart, Heard, Henry, Houston, Jackson, Jasper, Jefferson, Jenkins, Jones, Lamar, Lanier, Lee, Lincoln, Lowndes, Lumpkin, Macon, Madison, Marion, McDuffie, Meriwether, Mitchell, Monroe, Morgan, Murray, Newton, Oconee, Oglethorpe, Paulding, Peach, Pickens, Pike, Polk, Putnam, Rabun, Randolph, Richmond, Rockdale, Schley, Screven, Seminole, Stephens, Stewart, Sumter, Talbot, Taliaferro, Taylor, Terrell, Thomas, Tift, Toombs, Towns, Turner, Union, Upson, Walton, Ware, Warren, Washington, Wayne, White, Whitfield and Wilcox.
Section 11. If any part or parts of this act be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining portion of this act. The General Assembly hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be declared unconstitutional.
Section 12. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed.

Senate Amendments:
Senators Logan of the 33rd and Callaway of the 35th: Move to amend section three by adding thereto a new paragraph to be designated as sub-section (L) as follows:

982

JOURNAL OF THE HOUSE,

Section (L). No municipality shall cause an election to be called and held more often than one time in any year.

Senator Baker of the 42nd:
Moves to amend HB 2 as follows: Paragraph I by adding the word Floyd in section 9A to the counties in said
section.

Senator Baker of the 42nd:
Moves to amend the sub-paragraph HB 2 by. striking from section 10 of said section the word Floyd.

Senator Weaver of the 51st:
Moves to amend the substitute to HB 2 by adding at the end of section 11 thereof the following sentence:
"Provided, nevertheless, that if any municipality in any county not enumerated in section 10 of this act shall be held to be subject to this act then the entire act shall ipso facto be declared to be null and void and of no effect."

Senators Gwyn of the 36th and Hooks of the 16th:
Amend substitute to HB 2 by adding another section to read as follows:
"Nothing contained therein shall pertain to Meriwether county or any mu- nicipality therein."
'Senators Smiley of the 2nd and Howard of the 3rd:
Move to amend substitute to HB 2 by adding after everything else at the end of section 10:
"Provided the provisiOns of this act shall not apply to the counties of Liberty and Long or any municipality located in said counties."

Senator Huckeba of the 37th:
~loves to amend HB 2 by adding at the end of section 10 the following: "And the municipalities of West Point and Hogansville in the County of
Troup."

Senator Hogg of the 24th:
~1oves to amend paragraph 10 of substitute to HB 2, by eliminating the period following the word "Wilcox" at the end of said paragraph, and substituting a comma therefor; and by adding after the word "Wilcox" in said last line of section 10, the word, "Muscogee."

SATURDAY, MARCH 22 1947

983

Senator Tippins of the OOth: Amends section 10 by striking Wilcox county from said section.

Senator Tarbutton of the 20th: Amends HB 2, section 10, to leave out Washington county.
Senator Yates of the OOth: Moves to amend HB 2, section 10, so as to include Walker county.

Senator Darby of the 15th: Amends substitute to HB 2, section 10, by striking the word "Toombs" from same.

Senator Burks of the 12th:
Moves to amend substitute to HB 2 by striking therefrom the word Stewart in line l7, section 10.

To Messrs: Gowen, Ray and Twitty:
It is our desire that HB 2 he amended in conference to include Spalding county under its provisions.-]. J. Flynt, Jr., and R. L. Addleton.

Senator Hodges of the 27th:
Moves to amend substitute to HB 2 by striking therefrom the word Oconee in line 14, section 10.

Senator Weaver of the 51st:
Moves to amend substitute to HB 2 by striking from section 10 thereof the words, "Bibb" and "Houston" and "Twiggs."

Senator Kiker of the 41st:
Moves to amend the substitute to HB 2 by adding Gilmer county in its proper alphabetical sequence in section 10 of said bill.

Senator Somebody of the 39th:
Moves to amend section 10, line 6, to leave out Cherokee. Senator Carswell of the 17th:

984

JOURNAL OF THE HOUSE,

Amends substitute to HB 2, section 10, by striking therefrom the word "Burke."

Senator Walker of the 45th:
Amends HB 2 by omitting from the terms of said bill the county of Ben Hill and all municipalities located therein.

The Senate Committee:
Moves to amend sub-section (J) of section 4 of HB 2 by adding to said sub-section
J the following:
Nothing in this act or in any charter adopted pursuant thereto shall be deemed to affect the rights, powers or authority of any city or municipality with respect to granting franchises to any electric power company or other public utility or with respect to the sale of any property to any public utility; and all restrictions and limitations on such rights, powers and authority now contained in the charter of said city or municipality or in general laws applicable thereto shall remain in full force and effect as if this act had not been enacted.

Senator Millican of the 52nd:
Amends substitute to HB 2 by adding a new section to be known as section 3a and reading as follows:
Section 3a. In addition to methods provided in section 3 pertammg to towns and cities framing and adopting a charter the following methods may be used by cities located in counties of over 200,000 population according to 1940 or any future federal census.
Section 3a. (a) The legislative body of the city may by ordinance submit to the voters thereof the question: "Shall a commission consisting of (here insert the names and addresses of seven such voters) be designated to frame a city charter?" If the ordinance is adopted and signed not more than ninety (90) days nor less than sixty (60) days before the next election, the question shall be submitted at such election, and if not, then at a special election to be held not less than sixty (60) nor more than ninety (90) days from the passage of such ordinance.
(b) If a petition signed by twenty-five (251 per cent of the voters of the city who were eligible to participate in the last general election shall be filed with the city clerk or other official discharging such duties, requesting the governing authority of the city to submit to the voters thereof the question, "Shall a commission consisting of (here insert the names and addresses of seven such voters) be designated to frame a city charter?", said governing authority shall submit the same at the next general election if a general election is to be held not less than sixty (60) nor more than ninety (90) days from the time of the filing of such petition, otherwise such authority shall submit such question to the qualified voters of such city at a special election to be held not more than ninety (90) nor less than sixty (60) days from the time of the filing of the said petition. The city clerk, or other official in charge of city elections, shall determine the sufficiency of such petition.

SATURDAY, MARCH 22, 1947

985

(c) If a petition signed by twenty-five per cent (25%) of the voters of the city who were eligible to participate in the last general election shall be filed with the city clerk, or other official discharging such duties, requesting the governing authority of the city to submit to the voters thereof the question, "Shall a commission of seven voters be designated by the (here insert the name of the governing authority of the city) to frame a city charter?", said governing authority shall submit the same at the next general election if a general election is to be held not less than sixty (60) nor more than ninety (90) days from the time of the filing of such petition, otherwise such authority shall submit such question to the qualified voters of such city at a special election to be held not more than ninety (90) nor less than sixty (60) days from the time of filing of the said petition. The city clerk, or other official in charge of city elections, shall determine the sufficiency of such petition.

(d) If a majority of the votes cast on any question submitted pursuant to paragraphs (a), (b), or (c) of this section shall be in the affirmative, then the persons designated in such question or pursuant thereto shall constitute a charter commission for the city. If more than one such question receives such a majority, only the one thereof receiving the largest affirmative vote. shall be deemed to have been adopted. All necessary expenses of the commission in the framing of the charter, including the expenses of legal counsel and advice, shall be paid by the city, but the members of the commission shall- receive no compensation themselves. Such commission shall within ninety (90) days submit the charter so framed to the governing authority of such city. The commission may submit for separate vote any parts of the charter or any alternative sections or articles, and the alternative sections or articles receiving the larger affirmative vote shall prevail if the charter be adopted.

Senator Pannell of the 43rd:
Moves to amend HB 2 by amending section 4 by adding thereto after and immediately following sub-section (j) a sub-section to be numbered sub-section (k) and to read as follows:
(k) The incorporation of adjacent sub-divisions and urban areas, other than political sub-divisions, upon a majority of the qualified voters in both the municipality and the sub-division or area so affected, voting in the affirmative. Provided, however, that an affirmative vote by a majority of the qualified voters of both the municipality and sub-division or area so affected, computed separately, shall be necessary to the incorporation. Be it further provided that upon a petition signed by ten (10) per cent of the voters from both the municipality and subdivision or area so desiring an incorporation the legislative body of the municipality and sub-division or area then in force or appointed for said reason, shall call an election upon the matter in the same manner as prescribed and by the same method as provided under section 4 of this act, for selecting a commission to frame a charter.

Senator Millican of the 52nd:
Moves to amend the committee substitute to HB 2 by striking the word "person" in the second line of sub-section (c) of section 3 and inserting in lieu thereof the words "citizen of the municipality".

986

JOURNAL OF THE HOUSE,

The following report of the committee of conference was read;

Mr. President:
Mr. Speaker:
Your committee of conference on House Bill No. 2 begs to submit the following report;
1. That the House recede from its position and adopt all of the Senate substitute except that sub-section (k) and ll! of section 3, and sections 9, 10, and ll be stricken.
2. We recommend that in lieu of sub-section (k) of section 3, there be inserted the following:
(k) The incorporation of adjacent sub-divisions and urban areas, other than political sub-divisions upon a majority of the qualified voters in both the municipality and the sub-division or area so affected voting in the affirmative. Provided, however, that an affirmative vote by a majority of the qualified voters of both the municipality and sub-division or area so affected computed separately, shall be necessary to the incorporation. Be it further provided that upon a petition signed by 25 per cent of the voters from both the municipality and sub-division or area so desiring an incorporation, the legislative body of the municipality then in force or appointed for said reason, shall call an election upon the matter in the same manner as prescribed and by the same method as provided under section 3 of this act, for selecting a commission to frame charter.
The petition signed by the voters in said sub-division or area so desiring incorporation shall be presented to the ordinary of county in which area is located who shall call an election to be held within 40 days from date said petition is presented, the date, place, time and purpose of said election shall be advertised in the official organ of said couJlly once a week for four weeks before said election. The election in said areas shall be held by three free holders appointed by said ordinary in the same manner as general elections. The expense of said election shall be paid by the municipality affected.
The mayor of said municipality and the chairman of board of county commissioners of county affected shall each be authorized to designate one or more persons to be present at each voting precinct at all times during the voting and counting of the votes. Provided, however, that no municipality with a population of more than 100,000 persons according to the 1940 census or any future census whose boundaries do extend into two or more counties, shall have authority to extend its corporate limits to include territory lying within the counties where less than a majority of citizens of said municipality may reside by virtue of the provisions of this act.
3. We recommend that in lieu of sub-section (I) of section 3, that there be incorporated in lieu thereof the following;
'After a municipality has elected to come under the provlSlons of this act in any of the manners herein set forth, it shall not thereafter hold special elections for the purpose of changing its charter more often than once each year."
4. That section 10 be adopted just as set forth in the substitute except that the words "and the municipalities of West Point and Hogansville in the county of Troup" be stricken, and that "Spalding county" be included in said section in its proper alphabetical order.

SATURDAY, MARCH 22, 1947

987

5. And that section II of the Senate substitute be stricken and there be substituted in lieu thereof a new section to read as follows:

"H any part or parts of this act be held to be unconstitutional such unconstitutionality shall not affect the validity of the remaining portion of this act. The General Assembly hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would he declared unconstitutional; provided, nevertheless, that if any municipality in any county not enumerated in section 10 of this act should be subject to this act, then the entire act shall ipso facto be of no further force and effect, just as if the SlJme was repealed in its entirety as of that date, but all acts done theretofore by lmy municipality in any of the enumerated counties under authority of this act shall he and remain valid and of full effect."

6. We recommend that from section 9 the word "Floyd" be stricken, and that the word "Floyd" be added in its proper order in section 10.

7. That section 32 of the Senate substitute be amended by inserting after the words "in counties of' and before the words "over 200,000" the words and figures "between 81,000 and 82,000."
Gowen of Glynn,
Twitty of Mitchell,
Ray of Warren, On the part of the House.

Woodall of the 25th,
Pannell of the 43rd,
Weaver of the 51st, On the part of the Senate.

Mr. Cochran of Thomas moved the previons question, and the call was sustained.

On the question of adopting the report of the committee of conference on HB 2, Mr. Gowen of Glynn 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 Mes~rs.:

Adams of Polk Arnall Bagby Beddingfield Briscoe Britton Brooke Bruton Campbell Cates

Causey Chalker Cheek Claxton Cochran Covington Cowart Davis Dobbs Dorsey

Durden Elliott Etheridge of Fulton Evans Eve Evitt Flynt Freeman Garrett Garrison

988
Gibbons Gibson Gowen Green of Rabun Greene of Crisp Hardin of Turner Harrison of Jenkins Hefner ! Hicks Hinson Holbrook Howard of DeKalb Hubert Hurt Ingle Jenkins Jennings of Baldwin Joel Johnson of Bulloch Johnston of Lowndes Jordan Kemper Kendrick Kenimer Kenyon

JOURNAL OF THE HOUSE,
Key Kidd Leverette Lewis of Greene Littlejohn Long :McJ\Iillan J\lc \Vhorter :Mallard Mann of Henry :\Ia son .\Ia thews .\lathis :\favity :\leeks :\litchell :Morgan :\I orris J\Ioye of Washington :\lurphy :'iieel :'iiicholson
~ightingale
Overby Padgett

Pulliam Ramsay Ray Reid Sabados Salter Seagraves Shields Smith of Chatham Smith of Emanuel Stevens Swindle Towill Trulock Twitty Tuten Tuttle Watford Wells of Clarke Welsch Williams of Jones Williams of Mcintosh Williams of Ware Willoughby Wilson

Those voting in the negative were :Messrs.:

Adams of Towns _-\nglin Ansley Barrett Black Bostwick Bradley Byrd Coogle Cox Crowe of Worth Dykes Edenfield Ellis Etheridge of Baker Garrard

Gary Glisson Hall Harrison of Jeff Davis Harrison of Wayne Henderson Higgs Hill Hobby Howard of Dawson Huddleston King Knight Lewis of Hancock Lockett Lovett

:\IcCracken :\lann of Rockdale :\Iassey :\Iiller J\Iorrison Pennington Ramey Rich Risner Rowland Sills Vickers Walker Wells of Lincoln Williams of Toombs Yawn

SATURDAY, MARCH 22, 1947

989

Those. not voting were Messrs.:

Adams of Wheeler Addleton Avera Bargeron Battle Bennett Bloodworth Caldwell Callier Caswell Chance Cheshire Clark Conger Crow of Walker Fowler Garland

Goldberg Greer Groover Hagan Hampton Hardin of Glascock Hardy Holleman Jennings of Sumter Jones Knabb Lokey Malone
~lanous
Moore of Lumpkin Moore of Taliaferro :\foye of Lamar

Oden Pearlman Phillips Rainey Riddlespurger Rucker Skinner Smith of Bryan Smith of Carroll Smith of Oayton Smith of Fulton Smith of Oglethorpe Thompson Vandiver Whaley Willingham Witherington

The roll call was verified.

On the question of adoption the report of the committee of conference on HB 2, the ayes were 106, nays 48.

The report of the committee of conference was adopted.

Under the order of business established by the Committee on Rules, the following hill of the Senate was taken up for consideration and read the third time:

SB 53. By Senators Sumner of the lOth, Coker of the 39th and Griffith of the 29th:
A hill to be entitled an act to amend the Code of Georgia, relating to the election, qualification, term of office, compensation, etc., of the director of public health; 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; Mr. Overby of Hall 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 Me88l"S.:

Adams of Polk Addleton Ansley Arnall

Bagby Barrett Beddingfield Black

Bostwick Briscoe Britton Brooke

990

JOURNAL OF THE HOUSE,

Bruton Byrd Campbell Causey Chance Cheek Clark Claxton Cochran Covington Cowart Crowe of Worth Davis Dobbs Dorsey Dmden Dykes Elliott Etheridge of Fulton Evans Evitt Freeman Garland Garrett Gibbons Gibson Gowen Green of Rabun Greene of Crisp Hagan Hardy Harrison of Jenkins

Hari-ison of Wayne Hefner Henderson Hill Hinson Hobby Holbrook Howard of DeKalb Hubert Ingle Johnson of Bulloch Jordan Kemper Kendrick Kenimer Key King Leverette Lewis of Greene Lewis of Hancock Long .'.IcCracken l\k\iillan l\IcWhorter Mallard Mann of Rockdale Massey Mathews Mavity Mitchell Morrison Moye of Lamar

Those voting in the negative were Me8SI'B.:

Bennett Coogle Cox Etheridge of Baker Glisson Hardin of Glascock Harrison of Jeff Davis

Jones Lockett Miller Pennington Ramey Rich Rowland

Those not voting were Messrs.:

Adams of Towns Adams of Wheeler Anglin Avera

Bargeron Battle Bloodworth Bradley

Moye of Washington Neel Nicholson Nightingale Overby Padgett Pulliam Ray Reid Salter Seagraves Sills Skinner Smith of Chatham Smith of Emanuel Thompson Towill Trulock Twitty Tuten Tuttle Walker Watford Wells of Oarke Wells of Lincoln Williams of Toombs Williams of Ware Willingham Willoughby Wilson
Sabados Stevens Vickers Williams of Mcintosh Yawn
Caldwell Callier Caswell Cates

SATURDAY, MARCH 22 1947

991

Chalker Cheshire Conger Crow of Walker Edenfield Ellis Eve Flynt Fowler Garrard Garrison Gary Goldberg Greer Groover Hall Hampton Hardin of Turner Hicks Higgs Holleman Howard of Dawson Huddleston

Hurt Jenkins Jennings of Baldwin Jennings of Sumter Joel Johnston of Lowndes Kenyon Kidd Knabb Knight Littlejohn Lokey Lovett Malone Mann of Henry Manous Mason Mathis Meeks Moore of Lumpkin Moore of Taliaferro Morgan Morris

Murphy Oden Pearlman Phillips Rainey Ramsay Riddlespurger Risner Rucker Shields Smith of Bryan Smith of Carroll Smith of Clayton Smith of Fulton Smith of Oglethorpe Swindle Vandiver Welsch Whaley Williams of Jones Witherington

The roll call was verified.

On the passage of the hill, the ayes were 106, nays 19.

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

The following hill of the House was taken up for the purpose of considering the report of the committee of conference thereto:
HB 229. By Messrs. Elliott, Shields and Holleman of Muscogee, Hubert of DeKalh and Kemper of Bibb:
A hill to he entitled an act to amend the :Motor Fuel Tax Law; and for other purposes.

The following report of the committee of conference was read:
Your committee of conference on House Bill 229, begs leave to submit the following report:
1. Your committee recommends that the Senate substitute to HB 229 he amended as follows:
By adding to section 1 (d) of said substitute, the following language, to wit:
"Nor shall any refund under this sub-section he allowed to any person, firm or corporation except licensed retail dealers engaged in the business of selling motor fuel and/or kerosene to the general public."

992

JOURNAL OF THE HOUSE,

2. Your committee further recommends that HB 229 do pass by the Senate substitute as amended.
Respectfully submitted,

Millican of the 52nd,
Hogg of the 24th,
Parker of the 54th, On the part of the Senate.

Hubert of DeKalb,
Elliott of Muscogee,
Kemper of Bibb, On the part of the House.

On the adoption of the report of the committee of conference on HB 229, the ayes were 106, nays 2.
The report of the committee of conference was adopted.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 162. By Messrs. Lewis of Hancock, Harrison of Jenkins, Johnston of Lowndes, and many others:
A bill to be entitled an act to authorize and empower the State board of education to administer any an-d all funds allocated or appropriated or otherwise made avail able by the State of Georgia for pupil transportation; and for other purposes.

The following Senate amendment to HB 162 was read:
By the Senate:
Senator Woodall of the 25th moves to amend HB 162:
By striking from the caption the following language:
"to authorize the State board of education to set up from available funds appro priated for school buses a revolving fund for the purchase of school buses and equipment for county boards of education; to provide that on delivery of such equipment to county boards of education the county board shall reimburse the revolving fund for the cost of the buses and equipment purchased; to provide that the State board of education may purchase through the State purchasing department, school buses and equipment on behalf of county boards of education;"
where said language appears in lines II, 12, 13, 14, 15, 16, 17, 18, of the caption of said bill.

SATURDAY, MARCH 22, 19-l7

993

And to further amend said bill by striking from section I the two last sentences which provide as follows:
"Said State board of education is authorized to prescribe the standard forms and contracts governing the purchase of publicly owned school buses and transportation equipment, where purchase of same is made under the provisions of this act. Different rules and regulations governing the sale and purchase of used transportation equipment by county boards of education may be set up."

And further moves to amend said bill by striking therefrom in their entirety sections 2 and 3 of said bill.

On the question of agreeing to the Senate amendment to HB 162, the ayes were 107, nays 0.

The Senate amendment was agreed to.

Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:
SB 18. By Senators Millican of the 52nd and Woodall of the 25th:
A bill to be entitled an act to fix the compensation to be paid the State superintendent of schools, at $7,500.00 per annum; and for other purposes.
By unanimous consent, SB 18 was tabled.

SB 86. By Senators Carswell of the 17th and Darby of the 15th:
A bill to be entitled an act to amend an act entitled the Alcoholic Beverage Control Act; to forbid advertising of any sort by any licensed liquor store or by any manufacturer of alcoholic beverages controlled by this act; and for other purposes.
Mr. Addleton of Spalding moved that further consideration of SB 86 be postponed indefinitely.
The motion to postpone indefinitely prevailed.

SB 6. By Senator Sams of the 26th: A bill to he entitled an act to amend an act by extending the proVIsions of said act to veterans who engage in any profession or semiprofession; and for other purposes.
The following amendment to SB 6 was read and adopted:
Messrs. Hinson of Ware and Twitty of Mitchell move to amend SB 6: By striking section II in its entirety.

994

JOURNAL OF THE HOUSE,

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

On the passage of the bill, as amended, Mr. Bagby of Paulding moved the ayes and nays, and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Polk Addleton Anglin Ansley Avera Bagby Bargeron Barrett Beddingfield Bennett Black Bostwick Bradley Briscoe Britton Brooke Bruton Byrd Callier Campbell Causey Chalker Chance Cheek Clark Claxton Coogle Covington Cowart Cox Crow of Walker Crowe of Worth Davis Dobbs Dorsey Edenfield Ellis Etheridge of Baker

Evans Evitt Flynt Freeman Garland Garrard Gary Glisson Green of Rabun Greene of Crisp Hall Hardin of Glascock Hardin of Turner Harrison of Jeff Davis Harrison of Wayne Hefner Higgs
Rill
Hinson Hobby Howard of DeKalb Hubert Huddleston Hurt Ingle Jenkins Joel Johnson of Bulloch Johnston of Lowndes Jordan Kemper Kendrick Kenimer Key King Knight Leverette Lewis of Hancock

Lockett Long McCracken McMillan Mann of Rockdale Mason Mathew5 Mathis Mavity Mitchell Miller Moore of Lumpkin Morrison Moye of Washington Murphy Overby Padgett Pennington Pulliam Ray Reid Rich Sabados Salter Seagraves Sills Skinner Smith of Chatham Smith of Emanuel Smith of Oglethorpe Stevens Thompson Twitty Tuten Vickers Walker Watford Wells of Clarkt>

SATURDAY, MARCH 22. 1947

995

Wells of Lincoln Welsch Whaley

Williams of Mcintosh
Williams of Toombs
Williams of Ware
Willingham

Willoughby Wilson Yawn

Those voting in the negative were Messrs.:

Cochran Durden Etheridge of Fulton Eve Garrett

Gibbons Gibson Harrison of Jenkins Henderson :\leeks

Neel :'licholson Rowland Towill Trulock

Those not voting were Messrs.:

Adams of Towns Adams of Wheeler Arnall Battle Bloodworth Caldwell Caswell Cates Cheshire Conger Dykes Elliott Fowler Garrison Goldberg Gowen Greer Groover Hagan Hampton Hardy Hicks

Holbrook Holleman Howard of Dawson Jennings of Baldwin Jennings of Sumter Jones Kenyon Kidd Knabb Lewis of Greene Littlejohn Lokey Lovett . McWhorter Mallard l\lalone :!\iann of Henry 'llanous 'llassey 'lloore of Taliaferro Morgan :\I orris

.Moye of Lamar Nightingale Oden Pearlman Phillips Rainey Ramey Ramsay Riddlespurger Risner Rucker Shields Smith of Bryan Smith of Carroll Smith of Clayton Smith of Fulton Swindle Tuttle \an diver Williams of Jones Witherington

The roll call was verified.

On the passage of the bill, as amended, the ayes were 124, nays 15.

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

SB 13. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the Code of Georgia so as to entitle women to serve as jurors; and for other purposes.

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Mr. Jones of Brantley moved that further consideration of SB 13 be postponed indefinitely.

On the motion, the ayes were 71, nays 33.

The motion to postpone indefinitely prevailed.

Messrs. Sabados of Dougherty and Etheridge of Fulton requested the journal to show that they voted in the negative on the motion to indefinitely postpone SB 13.

SB 54. By Senator Millican of the 52nd:
A bill to be entitled an act to regulate the practice of architecture in this State; and for other purposes.
By unanimous consent, SB 54 was tabled.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker: The Senate has adopted the report of the committee of conference on the following
bill of the House, to wit:
HB 229. By Messrs. Elliott, Shields and Holleman of Musc~gee, Hubert of DeKalb and Kemper of Bibb: A bill to be entitled an act to amend the Motor Fuel Tax Law; 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 6. By Senator Sams of the 26th:
A bill to amend an act approved March 20, 1943, amending an act approved March 20, 1943, amending an act approved March 15, 1935, and particularly section 2 of the act first referred to, by changing the required degree of disability from twenty-five per centum, to ten per centum; by amending section 3 of said act to provide that eligible veterans may not be limited as to the number of businesses exempted; by extending the provisions of said act to veterans who engage in any profession, or semi-profession; to repeal conflicting laws; and for other purposes.

SATURDAY, MARCH 22, 1947

997

The following bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:

HB 214. By Mr. Garland of Butts:
A bill to be entitl~d an act to provide for home rule for counties electing to come under this act; and for other purposes.

The following Senate amendments to HB 214 were read:
By the Senate:
The Senate moves to amend HB 214 as follows:
I. By inserting between the word, "counties" and "electing" in the second line of the caption the words, "having a population of between 9,180 and 9,185, and all counties having a population of between 16,950 and 16,955, according to the 1940 census of the United States of America."
2. By adding a new section to be known as section lOB which shall read as follows:
"Section lOB. Should any court hold that any county not between the population maximum and minimum as set forth in section lOA is subject to this act, then the entire act shall become ipso facto null and void."

The Senate moves to amend the amenc;lment to HB 214 as follows:
By inserting in line 6 after the figures "16955" the words "and counties having a population of between 6435 and 6440 and counties having a population between lll35 and lll40."
On the question of agreeing to the Senate amendments to HB 214, the ayes were 103, nays 0.
The Senate amendments were agreed to.

HB 409. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta; and for other purposes.

The following Senate substitute to HB 409 was read:
By the Senate:
An act to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the act set forth in the caption to this act be and the same is hereby amended as follows:
Section I. The mayor of the City of Atlanta shall appoint a citizens charter commission composed of two members from each ward in the city, and three mem

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hers at large who may or may not be residents of the city. The function and duty of said commission shall be to make a study of the city government of Atlanta and the charter of the city and to propose and recommend a new charter for the city: Said commission shall have the power and authority to hold public hearings, to issue subpoenas and compel the attendance of witnesses and the production of books, documents and other evidence; to employ such clerical and technical assist ance as may be needed and to employ counsel to aid them in the performance of
their duties; an!I to solicit funds to pay the expenses of the commission, provided,
however, that no commissioner shall receive any pay for his services, but commissioners may be reimbursed for actual expenses incurred by them in the per formance of their duties as commissioner. Said commission shall report back the proposed new charter to the mayor and it shall be the duty of the mayor to submit the same to the General Assembly of the State of Georgia for their consideration.

Section 2. That th; charter of the City of Atlanta as set forth in the official Code of the City of Atlanta of 1942 is further amended by adding thereto two new sections to be knownas sections 4-102 Ia I and l-102 lbi of said code as follows:

Section 4-102 (a). The mayor shall be the chief executive and administrative head of the City of Atlanta. He shall have and exercise full control and supervision over the various departments, divisions and other administrative branches of the city government, which shall be subject to his direction as the chief executive officer of the city.
Section 4-102 (b). l. The mayor shall appoint for an indefinite term, subject to confirmation by the general council, all the heads of departments, divisions and other administrative branches of the city government, excepting only those officials who are now specifically required to be elected or appointed otherwise, and who are not specifically required to be appointed by the mayor under this section.

a. The powers of appointment granted to the mayor by this section shall spe cifically include, but shall not be limited to, the power to appoint for an indefinite term, subject to confirmation by the General Council, the following officials who have heretofore been elected by the general council:
Comptroller Chief of Construction Building Inspector Consulting Engineer Treasurer Superintendent of Electrical Affairs Purchasing Agent The Chief of the Fire Department The Chief of the Police Department The General Manager of Water Works The Chief of the Health and Sanitary Department The Engineer-Secretary of the Planning Commission

SATURDAY, MARCH 22, 1947

999

The General Manager of Parks The Tax Collector The Airoort Manae:er The Superintendent of Garages The Superintendent or General Manager of Prisons and Farms The Manager of the Auditorium and Building Inspector The Municipal Revenue Collector The City Mechanical Engineer The Superintendent of the City Hall

b. Said powers of appointment in the mayor shall also specifically include the power to appoint for an indefinite term, subject to confirmation by the general council,

Tlie Deputy Recorder

2. The mayor shall also appoint, subject to confirmation by the general coun cil, the members, except ex officio members, of all hoards, commissions and committees which are now in existence or which may hereafter be created by the general council, specifically including, but not limited to, the members of the board of trustees of the Carnegie Library.

3. The clerk of council, the auditor, and the three tax assessors and receiv ers shall continue to be elected by council in the same manner and for the same term as at present.

4. Nothing contained in this section shall affect the city school system or the board of education, which shall continue to function as at present.

5. All department heads or other officers appointed by the mayor, subject to confirmation by the general council, shall be subject to removal in the following manner: If the mayor desires to remove any such official, he shall serve written notice on such official of his intention to remove him. Such notice shall contain a clear statement of the grounds for such removal. Such official shall have 5 days after service of such notice to appeal to the general council of the City of Atlanta. If such official does not so appeal within 5 days after the date of service, such removal shall be final. If such official does appeal to the general council as here inabove set out, the council shall, not less than 10 days nor more than 20 days, after said appeal, hold a public hearing at which time such official shall be given an oppor.tunity to be heard. After said hearing, said council shall determine whether such o!ficial shall be removed and its decision by majority vote shall be final. When the mayor has given notice to any such official of his intention to remove him, the mayor may suspend such official pending final action on his removal but such suspension shall not exceed 30 days. If such official does not appeal to the general council within 5 days after service of the notice on him or if the general council after such hearing decides to remove such official by majority vote such official shall be thereby removed. If the general council after such hearing decides not to remove such official, such official shall thereby be restored to duty.

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6. The provisions of this section with reference to the removal of officers shall be cumulative and in addition to other provisions in the charter of the City of Atlanta for removal of officers of the city government.
7. Nothing contained in this section with reference to the power of the mayor to appoint or remove officials shall affect the present terms of any of said officials. The provisions of this section with reference to the power of the mayor to appoint and remove officials shall not become effective as to any present official until the expiration of the present term of such official, provided, however, that if any of said present officials should die, resign, or otherwise leave his present office so that there should be a vacancy therein, then the provisions of this section shall thereupon become effective as to such office and the mayor shall appoint and may remove the successor to such official as set forth in this section.

8. Whenever appointments are made by the mayor subject to confirmation by the general council, this shall be construed to mean by majority vote of the entire membership of the general council.

Section 3. That the charter of the City of Atlanta as set forth in the official Code of the City of Atlanta of 1942 is further amended by adding a new section to be known as section 5-101 (a) of said code as follows:

Section 5-101 (a). The legislative powers of the city shall he vested in the general council, subject to the veto power of the mayor as set forth in the city charter, and the functions of the general council shall he legislative only.

1. The general council shall define the duties and functions of the various departments, divisions and administrative branches of the city government and the various hoards, commissions and committees, not inconsistent with other provisions of the charter of the City of Atlanta. It shall then he the duty of the mayor, as the executive and administrative head of the government, to see that these duties and functions are performed by the various departments, divisions and administrative branches of the city government and the various hoards, commissions and committees.

2. All administrative and supervisory functions heretofore exercised by the general council or committees thereof over the various departments, divisions and administrative branches of the city government and the various hoards, commissions and committees thereof are hereby transferred to the mayor and the various department heads and officials under him.

(a) The police committee of the general council shall continue to administer the laws, ordinances, rules and regulations pertaining to civil service in the police department and shall hear appeals from the action of the license bureau in regard to the issuance, revocation or suspension of licenses.

(b) The hoard of firemasters of the general council shall continue to administer the laws, ordinances, rules and regulations pertaining. to civil service in the fire department.

3. Neither the general council nor any member thereof shall give orders to department heads or other city officials appointed by the mayor or to any of their subordinates, either publicly or privately.

Section 4. That the charter of the City of Atlanta, as set forth in the official Code of the City of Atlanta of 1942, is further amended by striking the following sections of said code which are hereby repealed in their entirety:

SATURDAY, MARCH 22, 1947

1001

Sec. 5-310 providing that all cemeteries owned and controlled by the mayor and general council shall be under the direction and supervision of the mayor and general council, etc.
Sec. 5-319 providing that the stockade or city prison together with the employees thereof shall be under the direct control of the mayor and general council and such committee as it may see fit to put in charge thereof, etc.
Sec. 6-104 providing that the terms of office of all heads of departments elected by the people or by the mayor and general council shall be four years.

Sec. 6-105 providing that department heads shall be elected by the General Council for a term of four years, etc.
Sec. 6-117 providing that vacancies in office with the exception of the mayor shall be filled by the general council, etc.
Sec. 9-101 providing that all power over the police department shall vest in and be exercised by the general council or in its discretion through the appropriate committee of said council, etc.
Sec. 9-102 (b) providing that a vacancy in the office of the chief of police shall be filled by th~ mayor and the general council, etc.
Sec. 10-102 providing that the recorders shall he elected by the people for terms of four years, etc.

Sec. 11-101 proviaing that all power over the water works departme!lt shall vest in and be exercised by the general council or in its discretion through the appropriate committee of said council.

Sec. 11-113 providing that the general manager of water works shall be elected by the general council for a term of four years, etc.

Sec. 11-114 providing that the mayor and general council, or committee, shall have power to appoint a competent engineer for the construction of said water works and to employ such clerks and laborers as may from time to time be found needful, etc.

Sec. 13-104 providing that the term of office of the chief of the sanitary department or whatever officer fills this office shall be four years.

Sec. 15-103 providing that the engineer and secretary of the planning commission shall be elected by the mayor and the general council for a term of four years.

Sec. 17-102 providing that the park committee shall have full authority over all municipally owned parks and that its action shall be final, etc.

Section 5. That the charter of the City of Atlanta, as set forth in the official Code of the City of Atlanta of 1942, is further amended by striking all but the first sentence of section 9-102 of said code so that said section as amended shall read as follows:

9-102. The 'POlice force shall consist of a chief of police, and such other officers and men as the city shall by ordinance. prescribe.

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Section 6. Should any section or provision or any part of any section or pro vision of this act be held to be unconstitutional or invalid, such section or provision or such part of such section or provision shall not affect the validity of this act as a whole or any part thereof other than the pan so held to be unconstitutional or invalid.
Section 7. The provisions of this act with the exception of the provlSlons of section 2 hereof relating to the power of the mayor to appoint and remove officials, shall become effective June 1, 1947. The provisions of section 2 hereof with reference to the power of the mayor to appoint and remove officials shall become effective as set forth in section 2 hereof.
Section 8. I. Effective on the first Monday in January, 1950, the general council of the City of Atlanta is hereby abolished and in lieu thereof there is hereby created a council consisting of one member from each ward in the City of Atlanta elected on a city-wide basis.
2. The term of office of the members of the council shall be four years. The first members of said council shall be elected by the qualified voters of the city at the general election to be held on the first Wednesday in December, 1949, and said members shall take office and their terms shall begin on the first Monday in January, 1950. Their successors shall be elected quadrennially thereafter as now provided by the charter of the City of Atlanta.
3. The said council shall have all the powers, duties and responsibilities and be subject to all the limitations and restrictions that are now or may hereafter be granted to or imposed upon the present general council by the charter of the City of Atlanta.
4. Any vacancy in the office of councilman shall be filled by a vote of the remaining members of the council, and the person so elected shall serve the remainder of the term.
5. The councilmen may succeed themselves in their several positions as often as they may be elected thereto. They shall have annual salaries of $3,600 each, payable in monthly installments of $300 each. This compensation shall not be changed for this terin for which they are elected.
Section 9. That all laws and parts of laws in conflict herewith are hereby repealed.
By unanimous consent, the Senate amendments to HB 409 were disagreed to.

HB 184. By Messrs. Ray of Warren. Wilson of Bibb, Oden of Pierce and Evitt of Catoosa:
A bill to be entitled an act to amend the code by granting additional powers to the chief drug inspector; and for other purposes.

The following Senate amendments to HB 184 were read:

By the Senate:

The Senate moves to amend HB 184:

By adding thereto another seciion to be appropriately numbered as follows:

Section

Nothing in this act shall require mixers of, manufacturers of,

SATURDAY, MARCH 22, 1947

1003

dealers in or dispensers of any agricultural poison, dust, spray, insecticide or fungicide or rodenticide, normally used for agricultural purposes or not intended for human consumption, to conform to the provisions of this act.

The Senate moves to amend HB 184: By leaving out the word or words "osteopaths" throughout its entirety.

The Senate moves to amend HB 184:
By adding after the word "substances" in section 3, page 6, line 13, the following words, "in quantities dangerous when taken according to directions."

The Senate moves to amend the substitute bill for HB 184.
Section 1 of HB 184 is amended by adding at the end thereof the following words: "Provided that in no event shall the board of pharmacy employ more than two assistant drug inspectors."
On the question of agreeing to the Senate amendments to HB 184, the ayes were lll, nays 13.
The Senate amendments "!Vere agreed to.
Messrs. Murphy of Haralson, Sabados and Durden of Dougherty, and Jones of Brantley requested the journal to show that they voted against agreeing to the Senate amendments to HB 184.

HB 185. By Messrs. Ray of Warren, Wilson of Bibb, Evitt of Catoosa and Oden of Pierce: A bill to be entitled an act to amend the Code of Georgia by granting to the Georgia board of pharmacy authority to maintain and adopt rules and regulations in regard to the licensing and regulation of the compounding or sales of drugs, medicines, or poisons; and for other purposes.
The following Senate amendments to HB 185 were read:
By the Senate:
The Senate amends HB 185: By striking out the words "osteopaths" throughout its entirety.
The Senate amends HB 185: By adding thereto another section to be appropriately numbered as follows: Section -. Nothing in this act shall require mixers of, manufacturers of, dealers in or dispensers of any agricultural poison, dust, spray, insecticide or fungicide or rodenticide normally used for agricultural purposes or not intended for human consumption, to conform to the provisions of this act.

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JOURNAL OF THE HOUSE,

On the question of agreeing to the Senate amendments to HB 18'5, the ayes were 104, nays 15.
The Senate amendments were agreed to.
:\Ir. Jones of Brantley requested the journal to show that he voted against agreeing to the Senate amendments to HB 185.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
~lr. Speaker:
The Senate insists on its position on the following bill of the House and respectfully asks that a committee of conference be appointed:
HB 409. By :\lessrs. Etheridge, Kendrick and Smith of Fulton:
A bill to amend an act establishinj!: a new charter for the City of Atlanta, approved February 29, 1874, and the several acts amendatory thereof, and for the particular purpose of changing by law the basic work week for city firemen employed by the City of Atlanta, and to determine other fire duties; and for other purposes.

The president pro tempore has appointed as a committee of conference on the part of the Senate:
Senators Millican of the 52nd, Ferguson of the 15th, and Yates of the 44th.

The speaker appointed as a committee of conference on the part of the House on HB 409, a local bill applying only to the City of Atlanta, the following members:
Messrs. Etheridge of Fulton, Kendrick of Fulton, and Smith of Fulton.

The following bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:
HB 496. By Messrs, Etheridge, Kendrick and Smith of Fulton, and Smith of Clayton:
A bill to be entitled an act to amend an act to incorporate the City of Hapeville; and for other purposes.

SATURDAY, MARCH 22, 1947 The following Senate subEtitute and amendment to HB 496 were read:

1005

By the Senate:
A bill to be entitled an act to amend an act to incorporate the City of Hapeville, approved September 16, 1891, and the several acts amendatory thereof; to extend the limits of the said city of Hapeville by the addition of certain unincorporated territory; to ratify and confirm acts amending Eaid acts relating .to the City of Hapeville, and for other purpose5.
Be it enacted by the General Assembly of Georgia:
Section 1. That the said act of September 16, 1891, and the several acts amendatory thereto, be and the same is further amended to extend the corporate limits of the City of Hapeville, to include the following territory:
Beginning at a point 200 feet ea5t of the center line of Sylvan Road and at the present north boundary of the City of Hapeville and running thence north along the present east line of the City of East Point for a distance of 1400 feet; thence east 350 feet, more or less, to a point 400 feet west of the center line of Springdale Road; thence northeastwardly along a line parallel to and 400 feet west of the center line of Springdale Road to a point 200 feet north of the north side of Cleveland Avenue; thence east along a line parallel to and 200 feet north of the north Eide of Cleveland Avenue to a point 200 feet west of the center line of Stewart :\venue; thence south along a line 200 feet west of the center line of and parallel to Stewart Avenue to the present north boundary of the City of Hapeville.
Section 2. That the said act of September 16, 1891, and the several acts amendatory thereof, be and the same is further amended to extend the city limits of the City of HapeviUe to include the following territory, to wit:
Beginning at a point, being the northeast corner of the present limits of the City of Hapeville, and extending east along the north line of land lot No. 67 to a point 200 feet east of the east line of land lot No. 67; thence south along a line 200 feet east of and parallel to the east line of land lot No. 67 and land lot No. 66 to a point on the extension of Arnold Street (in Hapeville) ; thence west along Eaid Arnold Street to the present city limits.
Section 3. That the said act of September 16, 1891, and the several acts amendatory thereof, be and the same is further amended to extend the corporate limits of the City of Hapeville to include the following territory, to wit:
Beginning at a point where the line between sections 9 and 10 of Clayton County, as shown on base map of Fulton County planning commission, section 21, dated January, 1940, intersects with the northern boundary line of Clayton County; thence east along the line between Clayton County and the present City of Hapeville to a point on the northern boundary of Clayton County and the eastern boundary of section 12 of the map referred to; thence south to a point 200 feet south of Mountainview Road; thence west paralleling Mountainview Road to a point 200 feet south of the intersection of the soUthernmost boundaries of sections 9 and 10, as shown by said map; thence north along the line between sections 9 and 10 as shown on said map, to point of beginning.
Section 4. That the said act of September 16, 1891, and the several acts amendatory thereto be and the same is further amended to extend the corporate limits of the City of Hapeville to include the following territory, to wit:

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Beginning at a point on the north line of the City of Hapeville 200 feet west of the center line of Stewart Avenue and running east along the present north boundary line of the city to a point 200 feet east of the east line of land lot No. 68'; thence north along a line 200 feet east of and parallel to the east line of land lot No. 68 to a point 200 feet north of the north side of Cleveland Avenue; thence west along a line 200 feet north of and parallel to Cleveland Avenue to a point 200 feet west of the center line of Stewart Avenue; thence south along a line parallel to and 200 feet west of the center line of Stewart Avenue to the point of beginning on the north line of the City of Hapeville.
It is expressly provided, however, that the qualified voters resident within the area described in this secti~;~n shall be entitled to have submitted to them at an election hereinafter called the question whether or not said territory shall be incorporated in and become a part of the City of Hapeville, and it is made the duty of the mayor and council of the City of Hapeville to call such election within ninety days after the passage and approval of this act. Said election shall be held at such polling place, or polling places, as the mayor and council might designate, conformable to existing laws of the City of Hapeville and the general statutes of this state governing elections, and the time and place. of said election, and the purpose of the same and the question to be submitted, shall be advertised not less than four times, or in four issues, of a newspaper having general circulation in the territory affected. Only those voters who are qualified to vote in elections for members of the General Assembly may vote in said elections who have registered to vote therein in such manner as might be prescribed by the mayor and council in an ordinance calling said election. Voting shall be by secret ballot, under existing rules of force in the City of Hapeville for holding elections, and the ballots shall have written, or printed, thereon the words "For Annexation to the City of Hapeville" and "Against Annexation to the City of Hapeville." Persons opposed to annexation shall erase, or strike, from said ballot the words "For Annexation, etc.", and those favoring annexation shall erase, or strike, from said ballot the words "Against Annexation, etc.". Should a majority of such voters vote in favor of annexing the said territory, and the election manager so declare, then, upon proclamation of the said result of said election by the mayor of the City of Hapeville, said territory shall thereupon become a part of the incorporated territory of the City of Hapeville.
Section 5. This act shall not be construed to repeal any prior amendment to the basic act adding territory to the City of Hapeville, but each of said amendatory acts are ratified and confirmed, and this act shall be construed to incorporate into the City of Hapeville the additional territory described.
Section 6. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are repealed.

Senator Millican of the 52nd:
Moves to amend the substitute to HB 496 in the following particulars:
By adding a new section, to be appropriately numbered by the clerk, and to read as follows:
That said act of September 16, 1891, and the several acts amendatory thereof. be further amended by incorporating into the corporate limits of the City of Hapeville the following territory:
Beginning at the intersection of the present ei~y limit of Hapeville and the south line of land lot No. 66 and running east to a point 200 feet east of the east

SATURDAY, MARCH 22, 1947

1007

line of land lot :\'o. 66; thence south along a line parallel to and 200 feet east of the ea5t line of land lot No. 65 to the Fulton-Clayton county line; thence west along the Fulton-Clayton county line to the west line land lot No. 65, this being a point on the present limit line of the City of Hapeville.
On the question of agreeing to the Senate substitute and amendment to HB 496, the ayes were 103, nays 0.
The Senate substitute and amendment were agreed to.

HB 535. By \Iessrs. Kendrick, Etheridge and Smith of Fulton:
.-\ bill to be entitled an act to ameud an act in reference to the incorporation of the City of :'lfanchester, now the City of College Park; and for other purposes.

The following Senate amendment to HB 535 was read:
By the Senate:
An act to amend an act entitled an act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park) ; to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for extension of corporate limits of said city and annexation of territory thereto, and the establishment and/ or adjustment of ward boundaries and councilmanic representation in relation to such annexed territory; and for other purposes."
BE IT ENACTED by the GeneJ:lll Assembly of Georgia, and it is hereby enacted by the authority of the same, that the bill (HB 535) 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 ~lanchester (now the City of College Park) ; to prov4!e for incorp(}rating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for extension of corporate limits of said city and annexation of territory thereto, and the establishment and/or adjustment of ward boundaries and councilmanic representation in relation to such annexed territory; and for other purposes," be amended by adding and inserting after the words "East Walker Avenue" and before the words "to the east land lot line" in the 14th line of the section 1 of said bill, the following words:
"thence west along the south side of East Walker Avenue six hundred seventy (670) feet, more or less,"
So that parcel 1 of section 1 shall read as follows:
"Parcel One: Beginning at the northeast corner of Land Lot one hundred fifty-nine 059) of the Fourteenth (14th) District of Fulton County, Georgia, and running thence east along the north land lot line of Land Lot No. One Hundred Thirty (130) of the Fourteenth (14th) District of Fulton County, Georgia, One Thousand (1000) feet, more or less, to a point on the north line of said Land Lot One Hundred Thirty (130) one hundred fifty-five (ISS) feet west of the west side of Harrison Road; thence south parallel with and distant one hundred fifty-five 055) feet west of the west side of Harrison Road eight hundred ten and five-tenths (810.5) feet to the center line of a ten (10) foot alley (which alley runs in an

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east and west direction) ; thence west along the center line of said alley three
hundred (300) feet; thence north one hundred ninety (190) feet to the south side of East Walker Avenue; thence west along the south side of East Walker Avenue six hundred seventy (670) feet, more or less, to the east land lot line of said Land Lot No. One Hundred fifty-nine (159), and the present corporate limits of the City of College Park; thence north along the east land lot line of said Land Lot No. One Hundred Fifty-nine (159) and the present corporate limits of the City of College Park to the northeast corner of said land lot, and the point of beginning;"

On the question of agreeing to the Senate amendment to HB 535, tlie ayes were 104. nays 0.

The Senate amendment was agreed to.

HB 530. By Messrs. Smith, Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend an act creating a new charter for the City of East Point in Fulton county; and for other purposes.

The following Senate substitute to HB 530 was read:
By the Senate:
An act to amend an act entitled "An act to create a new charter for the City of East Point in the County of Fulton" (Georgia Laws pp. 862 et seq.), etc., approved August 19, 1912, and the several acts amendatory thereof, so as to annex substantially all of the unincorporated area of Fulton County west of Stewart Avenue and south of Lakewood Road to the City of East Point except where the City of Hape ville has water mains in Land Lots 99 and 100 of the 14th District of Fulton County; to provide for said annexed territory to become a part of the third ward of East Point; to provide that before this act shall become of force it shall have the approval of il majority of the qualified voters, who shall have been bona fide resi dents of the area hereby annexed for at least six months next preceding the passage of this act, voting at an election to be called for that purpose by the city council of East Point; 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 city limits of the City of East Point in the county of Fulton be and are hereby extended to embrace all of the territory and inhabitants therein located within a boundary line commencing at a point on the present east boundary line of the City of East Point 1400 feet north of the south line of Land Lot 100, and running thence east 350 feet, more or less, to a point 400 feet west of Springdale Road; thence in a straight line north 7325 feet, more or less, to a point 500 feet east of the center line of Sylvan Road and 200 feet south of Lakewood Avenue; thence west parallel with and 200 feet south of Lakewood Avenue 4100 feet, more or less, to the present city limits of East Point; thence southwest 3000 feet, more or less, along the present city limits to a point where the present city boundary line turns east; thence east 2500 feet, more or less, along the present City of East Point boundary line to a point where the present city boundary line runs south; thence south 350 feet more

SATURDAY, MARCH 22, 1947

1009

or less, along the present city boundary line to a point where the present East Point boundary line runs east; 'thence east 3100 feet, more or less, along the present City of East Point boundary line to a point where the present East Point boundary line runs south; thence south 4500 feet, more or less, along the present city limits of the City of East Point to the point of beginning, and all of said territory embraced within said boundary line, and the inhabitants thereof, are hereby annexed to and made a part of said City of East Point, and shall constitute a portion of the third ward of said city, subject to the government, jurisdiction, laws, ordinances, rules, and regulations of said city as fully and completely for any and all purposes as said city heretofore exercised over the territory and people heretofore embraced within the territorial limits of said city, and all of the territory, inhabitants and property within said annexed territory is hereby made subject to any and all duties and obligations of said city.
Section 2. Be it further enacted by the authority aforesaid that the area annexed to the City of East Point by this act is hereby attached to and made a part of the third ward of said city.
Section 3. All laws and parts of laws in conflict with this act are hereby repealed.
On the question of agreeing to the Senate substitute to HB 530, the ayes were 105,
nays 0.
The Senate substitute was agreed to.

HB 529. By Messrs. Etheridge, Kendrick and Smith of Fulton:
A bill to be entitled an act to amend an act to create a new charter for the City of East Point; and for other purposes.

The following Senate substitute to. HB 529 was read:
By the Senate:
An act to amend an act entitled "An act to create a new charter for the City of East Point, in the County of Fulton, and to re-incorporate said city and define its territorial limits; to continue in operation, confirm and consolidate all acts heretofore passed incorporating said city and amending the charter thereof; to provide that al.l ordinances, rules, regulations and resolutions of said city now in force, not in conflict with this act, be preserved and continued in force and valid and binding until the same are repealed or amended by the mayor and board of alder men of said city; to declare and consolidate the rights and powers of said incorporation ; to prescribe the rights and powers, duties and liabilities and qualifications of all officers, and the manner of their election and removal from office; to provide for the retention in office of the present officers of said city until the election provided for in this charter is held; to provide the manner and time for all elections in said city; to provide for the qualifications of all electors or voters therein; and for the registration of the same; to provide for the recorder's court and the trial and punishment therein of all offenders against the laws of said city and the manner of appeal therefrom; to provide for a city chain-gang and the working of prisoners therein; to provide for a fire department, a board of health, a water and light commission, a police department and to prescribe the rights, powers, duties and liabilities of the same; to authorize the mayor and board of aldermen to maintain and operate a system of waterworks and sewers and

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electric plant; to authorize said city to borrow money and issue bonds and other evidences of debt for public purposes; to provide for public parks and cemeteries; to provide for streets, avenues, lanes, alleys, sidewalks and crossings and for the laying out, opening, gtading, working, and paving of the same; to provide for the assessment, levy and collection of an ad valorem tax on all property, real and personal, for general purposes, and for paying the principal and interest on the bonded debt of the city; to authorize the assessment and collection of a tax for working the streets of said city; to authorize the taxation and license of all kinds of business trades, professions, shows, exhibitions and entertainments in said city; to provide for the maintenance and supervision of the public schools of said city; to provide for the maintenance of a public library; to provide for the abatement of nuisances; to prohibit the sale of all intoxicating liquors in said city; to prohibit the keeping or storing for all illegal purposes of all intoxicating liquors; to provide for search for the same, and the seizure and destruction thereof, and the punishment of the offenders; to grant encroachment on the streets; to force the connection of all closets, etc., with the sanitary sewers, to provide penalties for failure to do so, and regulate the manner in which the city shall direct that the work be done; to provide for all matters and things necessary, proper or incident to any obligations of said city all out,tanding bonds and other legal obligations of said city; and for other purposes," approved August 19th, 1912, and the several acts amendatory thereof, so as to annex to the City of East Point substantially all of the unincorporated area between East Point, College Park and Hapeville; to provide for a fourth ward within the City of East Point as enlarged by this annexation; to fix the line dividing said fourth ward and the third ward of said city; so as to provide for representation on the zoning and planning commission, the athletic commission, the board of registrars, the library board of trustees, and so as to divide and distribute representation between the various wards of said city on the various boards, commissions, and authorities under the jurisdiction of said city; and for other purposes; to provide for a retirement plan for city em ployees, to provide a retirement fund within said plan, and to provide for payment by city employees into said fund, and for contributions into said fund from the city treasury of said city; 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 the city limits of the City of East Point be and are hereby extended to embrace the inhabitants and territory in the 14th District of Fulton county, Georgia, within a boundary line commencing at the intersection of the east right-of-way line of Vesta Avenue, which lines are the present east and south limits of the City of East Point and running thence east along the center line of Vesta Avenue eight hundred (800) feet, more or less, to the east side of Spring Street; thence northwesterly along the east side of Spring Street six hundred seventy seven (677) feet, more or less, to the south side of Willingham Drive, thence southeasterly along the south side of Willingham Drive twelve hundred fifty 0250) feet to an iron pin; thence south two hundred fifty nine and eight tenths (259.8) feet to an iron pin on the north side of a branch; thence along the north side of said branch in an easterly direction seven hundred sixty two (762) feet, more or less, to the west side of Harrison Road; thence south along the west side of Harrison Road six hundred three (603) feet, more or less, to the land lot line between Land Lots 131 and 130; thence west along said land lot line one hundred fifty-five (155) feet; thence south parallel with and one hundred fifty five (155) feet west of the west side of Harrison Road eight hundred ten and five tenths (810.5) feet to the center line of a ten (10) foot alley; thence west along the center line of said alley 300 feet; thence north 190 feet to the south side of East Walker Avenue; thence west 670 feet, more or less, to the west line

SATURDAY, :\lARCH 22, 1947

lOll

of Land Lot 130; thence south along the west line of said Land Lot 130 to the north side of Cambridge Avenue; running thence east along the north side of Cambridge 690 feet, more or less, to the northeast corner of East Cambridge Avenue and Hill Street; thence north 225 feet along the east side of Hill Street to the center of an alley; thence eastwardly along the center line of said alley 255 feet to a point 172.8 feet west of the west side of Harrison Road in the center of an alley; thence southwardly along the center line of said alley 250 feet to the center line of East Cambridge Avenue; thence west along the center line of East Cambridge Avenue 50 feet, more or less, to a point in the center of East Cambridge Avenue which would be the point of intersection of a line projected north from the center line of a ten foot alley running in a northerly and southerly direction, the east side of which alley is 208 feet west of the southwest corner of East Cambridge Avenue and Harrison Road; thence south along the center of said last mentioned alley to the north side of Hardin Avenue at a point 203 feet west of the northwest corner of Hardin Avenue and Harrison Road; thence continuing south in a straight line across Hardin Avenue to the center line of a ten foot alley running in a northerly and southerly direction, the east side of which alley is 196 feet west of the southwest corner of Hardin Avenue and Harrison Road; thence continuing south along the center line of said last mentioned alley 210 feet to the southern end of said alley at a point 194 feet west of the west side of Harrison Road; thence continuing south along a straight line projected from the center of the south end of said last mentioned alley as aforesaid 206.6 feet, more or less, to the center of East Virginia Avenue; thence east along the center of East Virginia Avenue to the point of intersection of the center line of East Virginia Avenue with the center line of Harrison Road; thence southerly along the center line of Harrison Road to the south land lot line of Land Lot 130 of the 14th District of Fuhon County, Georgia; thence east along the south line of Land Lot 130 to a point 172 feet east of Egan Avenue and the southeast corner of Lot 8 of Block OS of the Egan Park Subdivision according to plat recorded in Deed Book 183, page 704 of the records of the clerk of Superior Court of Fulton County, Georgia; thence north 218' feet, more or less, to the northeast corner of Lot 5, Block OS of said subdivision; thence west along the north line of said Lot 5 172 feet to said Egan Avenue; thence north along the east side of said Egan Avenue 280 feet to the northwest corner of Lot 4 of Block JS of said subdivision; thence west 202 feet across said Egan Avenue and along the north line of Lot 8 of Block IS of said subdivision; thence north along the west line of Lots 7, 6, and 5 of said Block IS of said subdivision across an alley and along Lot 4 of Block DS of said subdivision 325 feet, more or less, to the center line of Virginia Avenue; thence east along the center line of Virginia Avenue 565.7 feet, more or less, to the center line of Whipple Avenue and the Hapeville city limits; thence north along the center of Whipple Avenue and the City of Hapeville city limits line 1380 feet to a corner; thence east along the Hapeville city limits line 1415 feet to a corner; thence north along the Hapeville city limits line 971 feet to the south line of Lartd Lot 126; thence east along the south line of Land Lot 126 a distance thence north along the east line of Land Lot number 126 of 1418 feet to the southeast corner of Land Lot 126; a distance of 2840 feet to the present city limits of the City of East Point; thence west along the East Point city limits 2840 feet; thence south along the East Point city limits 900 feet; thence west 4500 feet along the East Point city limits to the right of way of the Atlanta and West Point Railroad; thence southwestwardly along said East Point city limits 1200 feet, more or less, to the point of beginning; and all of said territory and the inhabitants thereof are hereby annexed to and made a part of said city of East Point subject to the government, jurisdiction, laws, ordinances, rules, and regulations of said city as fully and completely for any and all purposes as said city has heretofore exercised over the territory and people heretofore embraced within the territorial limits of said city.

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SECTION 2
A fourth ward in the City of East Point is hereby created. The area embraced within said fourth ward is all of that area of the City of East Point east of Main Street and south of the following dividing line between the third ward of said city and the fourth ward hereby created, to wit: Beginning at the intersection of the south line of Land Lot 157 and the east line of South Main Street, and running thence east along the south line of said Land Lot 157 to the s>utheast comer of said land lot; thence running north al>ng til.e east line of said land l>t t> the center line of Holcombe Avenue; thence running east along the center line >f said Holcombe Avenue to the center of Bayard Street; thence running south along the center line of Bayard Street to the south line of Land Lot 132; thence running east along the south line of Land Lots 132, 125, and 100 to a point 200 feet east of the southeast corner of Land Lot 125.

SECTION 3
The City Council of East Point is hereby increased in number from seven to nine members, two aldermen being hereby added by this charter amendment to he elected from the fourth ward of said city hereby created, and it shall he the duty of the City Council of East Point as soon as the provisions of this act become of force to order a special election in said fourth ward of said city for the election of 2 aldermen t> represent said ward in the City Council of East Point. Said special election shall he called within 30 days from the date this act becomes of force and shall he held within 30 days from the date of such call. At said special election the persons qualified to vote in said fourth ward shall elect tw> aldermen, the term of one to commence with his election and to expire with the reorganization meeting of the City Council of East Point in January, 1948, and the term of the >ther to commence with his election and expire with the reorganization meeting of the' City Council in January, 1949. The regular term of each alderman thereafter elected from said fourth ward shall he for two years and until a successor is elected and qualified. All of the laws and ordinances respecting special elections for aldermen in the. City of East Point as heretofore shall prevail in the special election to he held for aldermen in said fourth ward and all of the laws and ordinances heretofore regulating and governing the holding of special elections for aldermen in said city, the eligibility and qualifications of candidates for aldermen, the qualification of voters and establishment of ward precinct shall he observed as heretofore provided for special elections for aldermen for the City of East Point except that persons otherwise qualified to vote or hold office shall not he denied the right and privilege to vote or hold public office by reason of the fact that such persons have not been bona fide residents nor had their domicile in the City of East Point for six months next preceding the date of the election in which such persons may desire to participate either as voter or candidate; provided that such persons are citizens of the United States and shall have resided and had their domicile in the State of Georgia for one year and in the County of Fulton for six months and within the area hereby annexed to the City of East Point for six months next preceding the date of the election in which they may desire to participate either as voter or candidate; provided such person or persons are otherwise qualified to vote or hold public office within said city.

SECTION 4
All of the laws, ordinances, and regulations governing aldermen of the City of East Point, their qualifications, rights, powers, jurisdiction, duties, privileges, and authority shall he applicable to the aldermen provided for in said fourth ward as created by this charter amendment.

SATURDAY, MARCH 22, 1947

1013

SECTION 5
Said City of East Point shall have full power and authority to make and extend improvements within said newly annexed territory, and to levy, assess, and collect for such improvements; to open, extend, widen, close, repair, improve and pave streets, sidewalks, alleys, lanes and roads; to lay pipe; to furnish water; to furnish electric light and power; to charge for such services; to collect such charges; to police said annexed territory; to provide fire protection therein; to levy, assess and collect taxes in said newly annexed territory, and all of the property within such newly annexed territory shall be subject to any and all duties and obligations of said city including any and all bonds and taxes levied for the retirement of such bonds and the interest thereon.

SECTION 6
Said city's authority to zone or restrict property to certain uses and prevent other uses shall extend over all of said newly annexed territory and all other rights, powers, privileges, . duties, obligations and government of said City of East Point with respect to its inhabitants and their rights and all others affected by the exercise of any of such powers, rights, duties, obligations, privileges, or jurisdiction, including the exercise of the power or right of eminent domain. Under no circumstances shall said city appropriate any property of any private person, firm, or corporation to public use without the payment of just and adequate compensation determined by private treaty if possible and if not by private treaty then by use of the power of eminent domain, and this provision shall apply also to any property of any other municipal corporation; provided it does not imply or mean that it shall be necessary for said City of East Point to pay any amount under this act for its joint use of facilities financed jointly by the United States and any other political subdivision of the United States, whether such other political subdivision be the State of Georgia, or any county or municipalities or counties or municipality.
SECTION 7
The office of Zoning and Planning Commissioner heretofore filled from the city at large by the three members elected by the City, Council of East Point shall at the expiration of the present term of the present chairman of said Zoning and Planning Commission be filled by appointment of the City Council of East Point, and his term of office shall be four years and until a successor is elected and qualified, the first term of said office' to commence at the first annual reorganization meeting of the City Council of East Poipt after the resignation of the present chairman or expiration of his present term, whichever is first. The term of office of each of the three members heretofore elected by the City Council of East Point for a term of three years is hereby fixed so that the office of one member of said commission will expire at the annual reorganization meeting of the City Council of East Point in January of each of the three years preceding the expiration of the four year term prescribed for said fourth ward member, and the term of office of each member of said Commission is hereby fixed at four years commencing with the first elections to said Commission held under this act, so that the four members elected by the City Council from tl;le four wards of said city shall hold each for a term of four years staggered so that one term expires at the reorganization meeting of the City Council of East Point in January of each year when a new term commences. The provision of section 2 of the act amending the charter of the City of East Point in 1939 (Georgia Laws 1939, page 1019) providing for the election of a chairman of said Zoning and Planning Commission by three members of said Commission appointed by the City Council of East Point is amended to

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make it conform with the above provisions of this amendment, provided that the chairman of said commission under this amendment shall be one of the members of said commission whose term of office is hereby fixed at one year and until a successor is selected and qualified.
Section 21 of said act of 1939 above mentioned is amended by the creation of the office of a fourth member of the Board of Registrars of said city to serve from said fourth ward created by thi~ act whose term of office is hereby fixed at four years except the first which shall be one year from the annual reorganization meeting of the City Council of East Point in January, 194S, when the first term of said registrar from said fourth ward shall commence. The present terms of the other three registrars from the three other wards of said city are hereby adjusted so that when they expire after the effective date of this amendment they shall each be and become four years instead of three year terms, so that the service of the members of said Board will be staggered so that one will be elected each year for a four year term. All elections to fill vacancies shall be for the unexpired term.
SECTION 8
Be it further enacted by the authority aforesaid, that before the provisiOns of this act shall become operative the same shall be submitted for their approval to the qualified voters, who shall have been for at least six months next preceding the passage and approval of this act by the Governor of this State bona fide residents of the territory hereby annexed, at the election to be called by the City Council of East Point for that purpose within two weeks from said passage and approval of this act, said election to be held not more than ninety nor less than sixty days from said passage and approval of this act. No person shall be eligible to vote in said election except persons qualified to vote for members of the General Assembly, nor unless such persons shall have also registered with the Board of Registrars of the City of East Point with a special registration for said election.
Said City Council of East Point is hereby authorized and empowered to fix by
ordinance the time for such special registration, and persons not registered in said special registration within the time fixed by said City Council of East Point shall not be entitled to vote in said election. Said election shall be conducted in the same manner and subject to the same rules and regulations so far as practicable as other municipal elections are held within said City of East Point subject to the provisions of this act. Voters in said election in favor of this act becoming operative shall have written or printed on their ballots the words "For annexation of Egan Park to East Point" and voters in said election not in favor of this act becoming operative shall have written or printed on their ballots the words "Against annexation of Egan Park to East Point." The voting place or precinct in said election shall be at such point within the City of East Point or the territory annexed hereby as may be selected by the City Council of East Point, and such notice of the time and place of such election and special registration shall be given by the City Council of East Point as it may deem proper. The managers of said election shall make their returns of the results of said election to the City Council of East Point which shall declare the results of said election and enter the same on its minutes. If a majority of those voting in said election are in favor of this act becoming operative then and in that event this act shall be and become operative and of full force and effect upon the declaration of the result of said election by the City Council of East Point if a majority of the voters of said city voting at the election provided for in the next section hereof approve this act, but if a majority of those voting at either of said elections do not vote for this act to become operative, then and in either of such events the same shall not become operative.

SATURDAY, MARCH 22, 1947

1015

SECTION 9
Be it further enacted by the authority aforesaid that notwithstanding the approval of the provisions of this act by a majority of the voters in the area be.ing annexed to the City of East Point by this act voting at an election to be called for that purpose as provided in section 8 of this act, before the provisions of this act shall become of force the same shall also be submitted to the qualified voters of the City of East Point as it existed prior to the enactment of this act at an election to be called by the City Council of East Point for such purpose after the approval of this act by a majority of the voters in the area annexed by this act at the election held as required under section 8 of this act, and if a majority of those voting at said election called under this section of this act approve this act then each anti all of the provisions of this act shall become of full force and effect, but if a majority of those voting at said election to be called under this section of this .act shall fail to approve this act then the same shall remain inoperative. At said election called under this section of this act those voting in favor of this act becoming of force shall have written or printed on their ballots the words "For Egan Annexation," and those voting against this act becoming operative shall have written or printed on their ballots the words "Against Egan Annexation." Said election shall be held in the same manner as elections for mayor and aldermen are held as far as practicable, and the managers of said election shall make their returns to the City Council of East Point which shall receive the same and declare the results thereof, which shall be entered on the minutes of the City Council of East Point. Said City Council of East POint is hereby authorized to fix the date for said election at such time as it may deem proper within not less than ninety nor more than one hundred eighty days from the date of approval of this act by the Governor, and said City Council of East Point is authorized to give such notice of the time and place of such election as in its judgment will be proper.

SECTION 10
All laws and parts of laws in conflict with this act are hereby repealed. On the question of agreeing to the Senate substitute to HB 529, the ayes were 106, nays 0. The Senate substitute was agreed to.

HB 122. By Mr. Addleton of Spalding: A bill to be entitled an act to provide that all hotels be equipped with certain protections and safeguards against fire; and for other purposes.
The following Senate substitute and amendments to HB 122 were considered: By the Senate:

A BILL
To be entitled an act to provide for the prevention of the destruction of life and property by fire and explosion; the establishment of the office of state fire marshal and the designation of the insurance commissioner as such officer; to provide for the appointment of chief deputy fire marshal and state fire inspectors, for the fixing

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of their salaries, and prescribing the duties of said officers in enforcing this act; to give to the insurance commissioner as state fire marshal, power and authority to set up, establish and carry out rules and regulations for inspection of buildings and appurtenances necessary to prevent loss of life and property by fire or explosion; to provide for the making and keeping of fire records and reports; to provide for the enforcement of this act and the payment of the salaries of officers and persons engaged therein; to provide for the making of rules and regulations governing the enforcement of this act; to prescribe, govern, and regulate the kind, type, construction, use and approval of fire escapes, egress, and other fire safety precaution devices and apparatus; to prescribe penalties for the violation of this act; and for other purposes,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:

SECTION 1 The office of state fire marshal is hereby created,

SECTION 2
The insurance commissioner is appointed state fire marshaL By virtue of this office, he shall receive expenses in an amount not to exceed $100,00 per month,

SECTION 3
It shall be the duty of the state fire marshal to enforce all laws and ordinances of the state and the several counties, cities and political subdivisions thereof pertaining to the suppression of arson and the investigation of the crime, origin and circumstances of the fire,
SECTION 4
The state fire marshal, his chief deputy, and state fire inspectors shall have such other powers and perform such other duties as are set forth in other sections of this act and as may be conferred and imposed upon them from time to time by law,

SECTION 5
The state fire marshal, his chief deputy, and state fire inspectors shall have full police authority in carrying out the functions of their office,
SECTION 6
The state fire marshal is hereby authorized to appoint chief deputy fire marshal. The said chief deputy shall receive an annual salary not in excess of $4,800. Said chief deputy fire marshal, appointed in accordance with the provisions of this act, shall, subject to the supervision and direction of the state fire marshal, be

SATURDAY, MARCH 22, 1947

1017

vested with all the powers conferred upon said fire marshal. In case of absence of the state fire marshal or his inability from cause to discharge the duties of his office, such duties shall devolve upon the chief deputy state fire marshal. The state fire marshal is authorized to incur such expense and to employ not over ten, to be adequate to carry out the provisions of this act, state fire inspectors whose annual salary shall be fixed by the state fire marshal. The state fire marshal is also authorized to appoint a secretary and such other office assistants as shall be needed in the performance of the duties of this office. The state fire marshal, his chief deputy and state fire inspectors and other members of his department in addition to their regular salary shall be paid actual and necessary expenses plus mileage incurred in the performance .of their duties while away from official headquarters. The chief deputy state fire marshal and state fire inspectors shall be continued in office for such term as designated by the state fire marshal. The state fire marshal, his chief deputy and state fire inspectors shall take and subscribe and file in the office of the secretary of state an oath for the faithful performance of his duties under this act within fifteen days from the time of notice of their appointment respectively.

SECTION 7
On the effective date of this act, the chiefs of each regular fire department in the State of Georgia are hereby appointed fire inspectors to serve without com pensation for the purpose of carrying out the provisions of this act. Every fire inspector appointed in accordance with the provisions of this act who refuses or neglects to perform the duties imposed upon him by this act shall be guilty of a misdemeanor and punished as prescribed by law.

SECTION 8
The insurance commissioner as state fire marshal is hereby authorized and directed to set up, establish, and carry out rules and regulations for inspection of buildings and appurtenances necessary to prevent the. loss of life and property by fire or explosion.
SECTION 9
.The state fire marshal, chief deputy state fire marshal and fire inspectors are the delegated authorities in determining the time limit in complying with any provisions of this act.
SECTION 10
If the owner of any building neglects or refuses for more than 30 days to comply with any order and/or direction of the state fire marshal given as aforesaid, concerning the repair or alteration of any building, or to make such changes in the construction or situation of chimneys, flues, funnels, stoves or furnaces, boilers, boiler connections and heating apparatus as may be required by such state fire marshal within a reasonable given time, he shall be guilty of a misdemeanor and punished as prescribed by law, and each day shall be considered a separate offense.

SECTION 11
Any owner or contractor who refuses to permit said fire marshal, chief deputy state fire marshal, state fire inspector or fire inspectors to enter his buildings or willfully obstructs him or them in the inspection of such building as required by this chapter shall be guilty of a misdemeanor and punished as prescribed by law.

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SECTION 12
The state fire mar~hal. his chief deputy, state lire inspector or fire inspectors, upon the complaint of any person, or whenever he or they shall deem it necessary, may inspect or cause to be inspected all buildings and premises within their jurisdiction. Whenever any of said officers shall find any building or other structure, which, for want of repairs, lack of fire escapes, fire detection or fire extinguishing equipment or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the safety of the public, and whenever such officer shall find in or around any building combustible or explosive matter, or inflammable or other conditions dangerous to the safety of such buildings, he shall order the same to be removed or remedied, and such order ~hall forthwith be complied with by the owner or occupant of such premises or buildings. If such order is made by any fire inspector, such owner or occupant may within 24 hours appeal to the state fire marshal, who shall within 10 days review such order and file his decision thereon, and his findings of fact shall be final and shall be complied with within such time as may be fixed in said order and/or decision of the state fire marshal.

SECTION 13
If any person fails to comply with the order of any officer under the prov1s1ons of the preceding section or "ith the findings of fact of the state fire marshal on review, and within the time fixed by the state fire marshal, then such officer may cause such building or premises to be forthwith repaired, torn down, or demolished and such materials removed and all dangerous conditions remedied, as the case may be, at the expense of the county in which such property is situated; and if the owner thereof, within 30 days after notice in writing of the amount of such expenses, fails, neglects, or refuses to repay said county the expenses thereby incurred, a special tax may be assessed by the assessors of taxes against the land on which said building was located for the amount of such expenses, and such amount shall be included in the next annual warrant to the collector of taxes of said county, for collection, and shall be collected in the same manner as county taxes are collected.
SECTION 14
The state fire marshal shall examine or cause to be examined the cause, circumstances and origin of all fires occurring in the cities and towns within the state of which he has knowledge by which property i~ damaged or destroyed and where loss of life occurs, and may examine and decide whether the same was the result of carelessness or design. The state fire marshal, or his chief deputy, when in his or their opinion such proceedings are necessary shall take the testimony on oath of all persons supposed to be cognizant or have information or knowledge in relation to the matter investigated and he shall cause the same to be reduced in writing and if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson he shall cause such person to be arrested with or without warrant and cause the -same to be fully investigated before an officer as is provided for committal trials, and he shall furnish the solicitor general of the circuit in which the fire occurred all such facts together with the names and witnesses and all the information obtained by him in such investigation.

SATURDAY, MARCH 22, 19-!7

1019

SECTION 15
The state fire marshal or the chief deputy state fire marshal shall have the same power as justices of the peace for the purpose of summoning and compelling the attendance of witnes~es before them or either of them to testify in relation to any matter which is by the provision of the preceding section a subject of inquiry and investigation and to compel the production of all books, records, documents and papers pertaining to said subject of inquiry and investigation. The said state fire marshal and deputy state fire marshal may also administer oath and affirmation to persons appearing as witnesses before them and that false swearing by any person in any matter or proceeding aforesaid shall be determined perjury and shall be punished as such under the law.

SECTION 16
Said state fire marshal, chief deputy state fire marshal, state fire inspector and fire inspectors shall have authority at all times of day and night in the performance of the duties imposed by this chapter to enter upon and examine any building or premises where a fire is in progress or has occurred and other buildings or premises adjacent or near the same.

SECTION 17
All hearings held by or under the direction of the state fire marshal or chief deputy fire marshal, may in their discretion be public or private, and persons other than those required to be present by provisions hereof may be excluded from the place where the hearing is held and witnesses may be kept separated and apart from others and not allowed to communicate with one another until they have been examined.
SECTION 18
Whoever kindles a fire on land not his own, without consent of the owner shall be guilty of a misdemeanor and punished as prescribed by law. If such fire spreads and damages the property of others, he shall be guilty of a violation and punished as prescribed by law and in either case he shall stand committed until fine and costs are paid, or he shall be imprisoned for not more than 3 years.
SECTION 19
Whoever with intent to injure another, causes a fire to be kindled on his own or another's land, whereby the property of any other person is injured or destroyed, shall be guilty of a violation and punished as prescribed by law.

SECTION 20
Construction. It is hereby declared that this act is necessary for the public safety, health, peace and welfare, is remedial in nature, and shall be construed liberally, and this act shall not be declared unconstitutional and void for the reason that any section or provision thereof may be in contravention of the ConstitutioiL

JOURNAL OF THE HOUSE.
SECTION 21
In the administration of this act, it is hereby provided that there shall be appointed by the state fire marshal an advisory board, its membership to be composed of one ~ach from the following groups: Structtiral engineers, architects, building contractors, building inspectors or the chief building official in cities having a population of 25,000 or more, fire underwriters, heating and plumbing contractors or engineers, electrical contractors or engineers, general contractors, labor organizations. Said advisory board tcr be composed of 10 members to be appointed by the state fire marshal and approved by the Governor, likewise their successors shall be appointed, and that the term of members of said board shall be at the pleasure of the state fire marshal. The aforesaid membership shall be paid a per diem of $10.00 per day, plus necessary expenses and mileage whenever called into meetings by the state fire marshal. The duties of the aforesaid advisory board shall be to act as a safety counsel in an advisory capacity to the state fire marshal, and advise the state fire marshal in formulating technical rules and regulations, and in all other matters for the carrying out of the provisions of this act, and that the aforesaid commission shall be called into session at such time or times as is desired necessary by the state fire marshal.
SECTION 22
All subpoenas issued and other services rendered in accordance with this act shall be by the sheriffs or other arresting officers in the several counties by order of the state fire marshal or his chief deputy, and fees for such services shall be paid by the state treasurer from the general fund on orders approved by the state fire marshal.
SECTION 23
All acts or parts of acts in conflict with any of the provlSlons of this act are hereby repealed, specifically section 52-205, Code of 1933, relating to fire escapes, 56-111, Code of 1933, relating to the appointment of a state fire inspector and assistants, 56-112 relating to the investigation of fire by state fire inspector or his assistants and the conducting of hearings thereon; 56-113 relating to the authority of the state fire inspector to go upon the premises where fire occurred; that part of 56-114 relating to the" compensation of state fire inspector. 56-116 relating to the administration of oaths to parties and witnesses in connection with the investigation of fires.
SECTION 24
The state fire marshal may in his discretion accept the inspection services, and supervision services, of cities and towns, when the building codes and fire prevention ordinances and the enforcement thereof, are in the opinion of the state fire marshal adequate and that adequate life safety is provided thereby.
SECTION 25
Be it provided that none of the provisions of this act shall apply to one or two family dwellings or one story buildings, except school houses and places of public assembly.
SECTION 26
It is expressly provided that the kind, type, construction, use and approval of fire escapes, egress, and other fire safety precaution devices and apparatus shall be based upon the basic principles established in the American standard exit code and in other recognized national standards for the safeguarding of life and property.

SATURDAY, MARCH 22, 1947

1021

SECTION 27

When any rules and regulations are promulgated by the state fire marshal, the notice of same shall be advertised in a newspaper of general circulation over the state for a period of thirty days, after which the rules and regulations based reasonably upon the authority vested in this act shall have the force and effect of law.

SECTION 28
It is further provided that should any person, firm, or corporation be dissatisfied with the ruling of the state fire marshal, that they shall have a right to appeal immediately to the Superior Court in the circuit, that should any appeal be made to the Superior Court of said circuit, the decision of said court shall be final and binding upon the said person, firm, or corporation and/or the property.

SECTION 29
This act shall be effective 60 days after the approval by the Governor. All laws and parts of laws in conflict herewith shall be, and are hereby repealed and that it is hereby provided that should any sentence, clause, paragraph, section or part of this act be held unconstitutional that the same shall not affect any other part of this act, and its constitutionality.

Senator Weaver of the 51st:
Moves to amend Senate committee substitute to HB 122 by adding a new section to be appropriately numbered to read as follows:
"The budget authority is hereby authorized and directed to allocate such funds in the State treasury as are necessary for the carrying out of the provisions of this act."

Senator Weaver of the 51st:
:\loves to amend the substitute to HB 122 as follows:
1. By striking the words, "to be adequate to carry out the provisions of this act," in lines 10 and 11 of section 6, and by adding the word, "persons" immediately after the word, "ten", in line 10 of said bill.
2. By striking the last sentence in section 7 and inserting in lieu thereof a new sentence as follows: "Should the chief of any such fire department refuse to serve, then the State fire marshal may appoint some other person in such locality to perform the duties of a fire inspector."
3. By striking from the end of section 10 the words, "and each day shall be considered a separate offense."
4. By adding at the end of section 14 a new sentence as follows: "Where a person is arrested without warrant a warrant shall be procured as soon as possible."
5. By striking from section 15 in lines 2 and 3 the words, "the same power as justices of the peace for the purpose of summoning and compelling," and by inserting in lieu thereof the words, "the power of summoning and compelling."
6. By striking sections 18 and 19 in their entirety and renumbering subsequent sections properly.

1022

JOURNAL OF THE HOUSE,

.

7. By striking section 22 and rewriting and appropriately numbering a new

section in lieu thereof as follows:

"All subpoenas and processes issued by the State fire marshal, or his deputies, shall be served in the same manner as in civil cases and the officer serving the same shall receive the compensation prescribed by law to be paid by the State fire marshal from. funds available for the purpose."

8. By striking from section 28 following the words, "Superior Court," where the same first appears in said section, the words, "in the circuit" and inserting in lieu thereof the words "of the county where the property in question is located", and further by striking after the words "Superior Cou~", where the same appears the second time in said section the words, "of said_circuit"; and further by strik ing the word, "immediately", in the third line of said section and inserting in lieu thereof the words, "within ten days"; and further by adding at the end of said section the words, "unless appeal from said superior court to a higher tribunal is had in manner now or hereafter provided by law."

Mr. Gowen of Glynn moved that the House disagree to the Senate substitute and amendments to HB 122.

On the motion to disagree, the ayes were 56, nays 55.

The motion to disagree prevailed.

The following resolution of the House was read and adopted:
HR 130. By Mr. Elliott of Muscogee:
A resolution providing for the appointment of a committee by the speaker and the president of the Senate to notify His Excellency, the Governor, that the General Assembly has completed its deliberations and stands ready to adjourn sine die.

The speaker appointed as a committee on the part of the House, the following members:
Messrs. Durden of Dougherty, Gowen of Glynn, and Harrison of Jenkins.

The following message was received from the Senate through Mrs. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has receded from its position on the following bill of the House, to wit:
liB 122. By Mr. Addleton of Spalding:
A bill to be entitled an act to provide that all hotels be equipped with certain protections and safeguards against fire; to provide what these safeguards and protections shall be; 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 following resolution of the House, to wit:

SATURDAY, MARCH 22, 1947

1023

HR 130. By Mr. Elliott of Muscogee:
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 to be named by the presiding officer of the Senate, be appointed to notify His Excellency the Governor that the General Assembly has completed its deliberation and stands ready to adjourn sine die.

The president pro tempore has appointed on the part of the Senate: Senators Swimer of the lOth, and
Overstreet of the 18th.

Under the proVISions of HR 74-376a, the speaker appointed as a committee, on the part of the House, the following members:
Messrs. Smith of Emanuel, Twitty of Mitchell, and
Nightingale of Glynn.

The following resolution of the House was read and adopted:
HR 131. By Mr. Elliott of Muscogee:
A resolution-Be it resolved by the House of Representatives, the Senate concurring, that this 1947 session of the General Assembly of the State of Georgia do now adjourn sine die.

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 following resolution
of the House, to wit:
HR 131. By Mr. Elliott of Muscogee: A resolution by the House of Representatives, the Senate concurring, that this 1947 session of the General Assembly do now adjourn sine die.

Under the provisions of HR 46, the speaker appointed the following members of the House as a committee to inspect and recommend certain reconditioning to the State capitol:
Messrs. Harrison of Wayne,
Cochran of Thomas, and Ray of Warren.

1024

JOURNAL OF THE HOUSE,

Mr. Claxton of Camden, chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker: Your Committee on Engrossing has examined and found properly engrossed, the fol-
lowing bills and resolutions of the House, to wit:
HB 507. HB 546. HB 214. HB 409. HB 463. HB 471. HB 473. HB 496. HB 4'97. HB 498. HB 499. HB 502. HB 518. HB 528. HB 529. HB 530. HB 531. HB 535. HB 538. HB 541. HB 542. HB 534. HB 122. HR 116. HR 119. HR 121.

HB 360. HB 255. HR 74376A. HB 431. HB 437. HB 522. HR 123. HR SS.426B. HR 89427A. HB 229. HB 10. HB 409. HB 122. HR 130.

SATURDAY, MARCH 22, 1947

1025

Respectfully submitted,
Claxton of Camden, Chairman

Mr. Ansley of Lee, chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker: Your Committee on Enrolling has examined and found properly enrolled, the following
bills and resolutions of the House, to wit: HB 339. HB 60. HB 69. HB 131. HB 95. HB 108. HB 102. HB 120. HB 167.

1026 HB 62. HB 134. HB 90. HB 151. HB 148. HB 124. HB 15. HB 19. HB 37. HB 240. HB 86. HB 48. HB 226. HB 17. HB 128. HB 178. HB 142. HB 103. HB 25. HB 209. HB 23. HB 30. HB 91. HB 195. HB 106. HB 152. HB 153. HB 47. HB 207. HB 150.

JOURNAL OF mE HOUSE,

SATURDAY, MARCH 22, 1947

1{)27

HB 42. HB 123. HB 179. HB 187. HB 57. HB 26. HB 2fJ7. HB 149. HB 39. HB 297. HB 292. HB 129. HB 104. HB 133. HB 79. HB 140. HB 294. HB 194. HB 52. HB 139. HB 235. HB 100. HB 51. HB 247. HB 154. HB 110. HB 67. HB 64. HB 61. HB 31.

1028
HB 38. HB 135. HB 109. HB 5. HB 146. HB 24. HB 14. HB 144. HB liS. HB 13. HB 9. HB 65. HB 63. HB 32. HB 53. HB 159. HB 92. HB 88 HB 130. HB 293. HB 161. HB 54. HB 241. HB 263. HB 303. HB 302. HB 171. HB 208. HB 215. HB 127.

JOURNAL OF THE HOUSE,

SATURDAY, MARCH 22, 1947

1029

HB 73. HB 296. HB 291. HB 301. HB 239. HB 168. HB 72. HB 227. HB 312. HB 225. HR 16. HR 8-3A. HR 27-103A. HR 59-283C. HB 252. HB 99. HB 251. HB 68. HB 97. HR 89-427A. HB 145. HB 181. HR 28-103B. HB 34. HB 43. HB 75. HB 76. HB 82. HB 105. HB 111.

1030
HB 112 .HB 116. HB 119. HB 125. HB 126. HB 143. HB 156. HB 157. HB 188. HB 190. HB 218. HB 221. HB 222. HB 228. HB 230. HB 231. HB 246. HB 253. HB 254. HB 258. HB 259. HB 260. HB 266. HB 270. HB 271. HB 275. HB 283. HB 284. HB 305. HB 311.

JOURNAL OF THE HOUSE,

SATURDAY, MARCH 22, 1947

1031

HB 317. HB 322. HB 323. HB 325. HB 337. HB 342. HB 348. HB 355. HB 356. HB 357. HB 368. HB 377. HB 378. HB 380. HB 381. HB 382. HB 285. HB 405. HB 407. HB 414. HB 482. HB 485. HB 489. HB 519. HR 29-113A. HR 42-203A. HR 44-207A. HR 65-334B. HB 463. HB 481.

1032
HR 82-389A. HR 74-376A. HB 223. HB 521. HB 492. HB 435. HB 502. HB 220. HB 373. HB 491. HR 103. HB 255. HB 421. HB 22. HB 542. HB 476. HB 538. HB 526. HB 174. HB 475. HB 177. HB 528. HB 176. HB 452. HB 493. HB 269. HB 523. HB 250. HB 219. HB 413.

JOURNAL OF THE HOUSE.

HB 372. HB 546. HB 182. HB 324. HB 437. HB 371. HB 459. HB 522. HB 175. HB 193. HB 477. HB 28. HB 242. HB. 486. HB 313. HB 362. HB 474. HB 363. HB 264. HB 498. HB 391. HB 46. HB 374. HB 431. HB 497. HB 447. HB 471. HB 473. HB 429. HB 390.

SATURDAY, MARCH 22, 1947

1033

1034 HB 281. HB 416. HB 406. HB 499. HB 454. HB 490. HB 457. HB 456. HB 217. HB 478. HB 444. HB 433. HB 451.. HB 238. HB 229. HB 214. HB 213. HB 212. HB 197. HB 189. HB 185. HB 184. HB 165. HB 162. HB 158. HB 122. HB 80. HB 18. HB 16. HB 2.

JOURNAL OF THE HOUSE,

SATURDAY, MARCH~. i~7

1035

HB 319.

UB 310.

HB 308.

HB 299.

HB 495.

HB 290.

HB 286.

HB 268.

HB 265.

HB 244.

HB 243.

HB 541.

HB 535.

HB 534.

HB 532.

HB 530.

HB 529.

HB 527.

HB 525.

HB 524.

HB 462.

HB 458.

HB 449.

HB 445.

HB 443.

HB 438.

HB 417.

HB 396.

HB 389.

HB 388.

1036 HB 384. HB 383. HB 370. HB 369. HB 353. HB 344. HB 338. HB 329. HB 517. HB 516. HB 514. HB 513. HB 510. HB 509. HB 508. HB 507. HB 504. HB 496. HB 494. HB 479. HB 470. HB 469. HB 465. HB 464. HR 34130A. HR 35-l30B. HR 6l-303A. HR 62-303B. HR 67-336A. HR 70-338A.

JOURNAL OF THE HOUSE,

HR 83-391A. HR 88426B. HR 90445A. HR 92465A. HR 95. HR 96476A. HR 97476B. HR 98483A. HR 105-516A. HR 111.

SATURDAY, MARCH 22, 194i

1037

Respectfully submitted,
Ansley of Lee, Chairman

The speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF
HOUSE OF REPRESENTATIVES Regular Session 1947
Part 1-House & Senate Bills & Resolutions Part 11-House & Joint Session Resolutions Part III-Senate Resolutions in House
1039

INDEX

1041

HOUSE JOURNAL

Part I

HOUSE AND SENATE BILLS AND RESOLUTIONS

A

Accountants and Accounting

HB 468-State Board of Accountancy, amend................................................ 589, 676, 679

Addresses

Governor Herman Talmadge ............................................................................... .

......... 98

Acting Governor M. E. Thompson.................................................................,...

. ....... 910

Administrators, Executors, Etc.,

HB 75-Persons missing, administration of............................................. .126, 199, 203, 315

HB 76-Persons missing, appoint conservator....................................126, 199, 203, 316, 642

Agricultural Development Board

HB 321-Repeal Act creating..................................................................................401, 499, 503

Agricultural. Development Commission

HB 83-Create.........................................................................................................128, 751, 894

Agriculture and Agricultural Products (See Naval Stores)

HB 224--Leaf Tobacco, regulate weighing...................................................... . .....289, 516

Air Commerce

HB 237-Regulations for..................................................................................................... 291

Airports

HB 541-Authority, certain counties create........................................747, 835, 841, 876, 966

Alcohol and Alcoholic Beverages

SB 86-Prohibit advertising .

........................................................ 576, 593, 993

SB 90-Wine, amend act legalizing

...................................... 539, 599, 651, 725, 937

HB 113-State regulate sale, possession ..................172, 266, 287, 311, 440, 478,"484, 509

HB 304--Malt beverages, tax on dealers, county.......................................................380, 651

HB 342-Malt beverages, possession certain counties ...............................4SO, 478, 481, 506

HB 387-Amend act legalizing........................................................................................492, 509

HB 395-Malt beverages, license, excise taxes...........................................

.....513, 651

HB 422-Wine, amend act legalizing. ..............................................

. 531

HB 423-Malt beverages, licensing, amend............................................. .

... 531

HB 430-Amend act legalizing ................................................................... .

533

Alto HB 511-Sales at, prohibit profit on.. ... ....... . ...............670, 834, 840
Amendments to Code HB 437-0ccasional trips, irregular routes..................................................553, 593, 595, 910
Amendments to Constitution (See Charters and Corporations, Municipal) (Counties and County Matters)
Appropriations HB 21-General Appropriation Bill............................................,.................63, 107, 125, 178

1042

INDEX

HR 21-73a-Compensation, Wm. M. Kimbrell.........................................109, 455, 457, 485

HR 22-73b-Compensation, W. H. McCoy..................................................109, 455, 457, 485

HR 28-103b-Damages, Mrs. Lillian Andrews, et al... .............161, 306, 307, 364, 442, 917

HR 39-181a-Damages, Carl F. Pruett................................................................231, 45~, 458

HR 40-181b-Damages, J. D. Bloodworth......................................... ...........231, 455, 458

HR 43-203b-Compensation, C. R. Jones .......................................

..... 249, 306, 308

HR 63-319a-Widow, C. C. Hulsey, appropriate..........................

......... .401

HB 333-Children, David H. Thomas, appropriate .........................................426, 571, 572

HB 346--Restore old records.........

.................451, 571, 572

HR 72-358b-Damages, L. S. Phipps

............................;...453, 571, 572

HR 75-376b-Damages, J. N. Bray Co............................................... HR 78-384a~Damages, L. T. Garrett........................................

.....475, 571, 573 ......492, 571, 573

HB 401-Dept. Archives and History

.................................

..... 514, 676, 678

HB 506--C?mpensation, Mrs. F. H. Albertson.....................

...............669

Architecture

SB 54-Regulate practice of ..................... .

...................... 622, 930, 9%

Assessors

HB 460-Award, condemnation proceedin.gs.......................................... .

.... 569

Attorlfey General (See Law, State Dept. of)

Attorneys at Law (See Law and Law Practice)

HB 17-Fees, citations for contempt...

.................................62, 199, 202, 227

Auditor, State

SB 116--Salary of ..

..........739, 868, 869, 933

Automobiles (See Taxes and Tax Laws)

B

Ballots (See Elections and Election Laws)

Banks and Banking

SB 1~ommon trust funds, amend ........................................................413, 493, 499, 587

SB 36--lnvestment securities, regulate purchase.................................413, 493, 499, 586

SB 37-Trust Companies, election trustees.............................................414, 493, 500, 587

SB 38--Vacancy, board of directors..

..........................

....414, 493, 500, 585

SB 39--Board of directors, trust powers..................................................414, 493, 500, 587

SB 41-Mortgage, what may embrace.........................................414, 493, 500, 587, 588

Beer (See Alcohol and Alcoholic Beverages)

Bees, Honey

HB 454-Diseases of, prevent................................................................................568, 612, 826

Beverages, Soft Drinks (See Taxes and Tax Laws)

Boards of Education, County (See Education, County Boards of)

Boiler Inspection

HB 426--Steam, provide for inspection..................................................................................532

HB 483--Board of Boiler Rules, create..............................................................609, 671, 680

Bonds

SB 71-0f public contractors....................................................................462, 498, 501, 537

SB 72-lnvestment proceeds sale o.. ........................................................462, 493, 501, 936

INDEX

1043

Building Safety Council HB 191-Establish ......................................................................................................................247
c
Charitable Institutions SB 102-Non-profit institutions, tax exempt............................................712, 751, 917, 918 HB 392-Exemptions of, amend............................................................................512, 701, 705
Charters HB 360--Superior Court, amend ...............................................454, 506, 672, 678, 894, 907 HB 517-Cities, towns, surrender of, method........................................... 671, 702, 707, 824
Charters and Corporations, Municipal (See Counties and County Matters) SB 1-Macon, sale of land........................................................................ l76, 233, 234, 483 SB 4-Macon, title certain area.............................................................. l77, 592, 593, 715 HB 9-Camilla, amend charter................................................................... 55, 173, 174, 186 HB 15-Van Wert, repeaL.......................................................................:.. 62, 115, 116, 142 HB 22-Brunswick, amend charter......................................................63, 115, 117, 143, 740 HB 23-Stateshoro City Court, amend........................................................63, 115, 117, 143 HB 26--Statesboro City Court, amend............................................................:...64, 162, 174 SB 27-Adel, amend charter................................................................................206, 382, 411 SB 30-Chatsworth, amend charter............................................................310, 382, 383, 411 SB 31-Chatsworth, amend charter............................................................310, 382, 383, 411 HB 35-Twin Rivers, incorporate............................................................................................65 HB 37-Waynesboro, amend c'harter.......................................................... l04, 139, 140, 163 HB 39-Statesboro, amend charter....:.......................................................105, 115, 118, 144 HB 43-Lyerly, amend charter.................................................................... l05, 498, 500, 517 SB 4&-Athens, amend charter....................................................................................310, 323 SB 46--Atlanta, criminal court, salaries..................................................340, 477, 479, 505 HB 47-Soperton, limits............................................ y l06, .................................. 139, 140, 163 HB 49-Athens, amend charter........................................................................... 106, .118, 323 SB 49-Vidalia, amend charter ................................................................279, 382, 383, 412 SB 50-Vidalia, amend charter........................................................:.........279, 382, 383, 412 HB 51-Augusta, city charter......................................................................110, 139, 140, 163 SB 57-Lyons, city court, abolish............................................................................... 341, 494 SB 60-Savannah, primary elections......................................................................................310. HB 60-Columbus, municipal court............................................................111, 138, 141, 163 SB 61-Savannah, primary elections .................................................................................... 310 HB 61-Columbus, pension city employees......................................111, 139, 141, 164, 293 HB 64-Columbus, amend charter..............................................................l12, 139, 141, 164 SB 64-Savannah, amend charter..............................................................390, 556, 557, 573 HB 65-Columbus, Mott's Green, sell .......................................................112, 139, 141, 164 SB 65-Tybee, amend charter...........................,........................................461, 649, 651, 681 SB 70-Atlanta, water works, certificates................................................540, 701, 703, 772 HB 74-Louisville, amend charter..........................................................................................ll4 SB 76--Lambert, incorporate......................................~................................462, 498, 501, 558 SB 77-Certain cities, pensions, police....................................................712, 837, 838, 869 SB 81-Atlanta, amend charter..................................................................463, 498, 502, 538

1044

INDEX

HB 82-Warrenton, amend charter...

. ........................................127, 382, 384, 412

HB 88--Athens, amend charter.....

.....129, 233, 235, 256

HB 91-Dublin, tax assessors .....

...... 137, 323, 324, 334

SB 93-Atlanta, amend charter

.......... 575, 649, 651, 682

HB 95-Athens, amend charter..... HB 97-Albany, amend charter.

.137, 233, 235, 256 .........................................159, 404, 406, 432

SB 98--Macon, amend charter ................ .

................. .655, 702, 704, 734

HB 100-Nelson, charter

......................... 160, 173, 174, 186

HB 103-Elberton, amend charter........ .

......... 160, 323, 324, 334

HB 104-Blackshear, city court, amend....

...161, 358, 359, 386

SB 104-Barnesville, public schools..........

......655, 702, 704, 735

HB 106-0mega, amend charter..............

.........................................161, 233, 235, 256

SB 110-Certain cities, civil service board.............................

.....739, 835, 838, 870

SB 111-Certain cities, extension limits.................................

.739, 835, 838, 870

SB 115-Atlanta, amend charter...

.756, 837, 839, 945

HB 115-West Point, sell property....

......173, 233, 236, 256

SB 118--Barnesville, additional powers ........ .

...............................756, 837, 839, 870

SB 119-Cedartown, amend charter...

................................757, 837, 839, 871

SB 120-Certain cities, firemen, pensions........................................ .....757, 835, 839, 871

HB 120-Temple, amend charter.........................

......184, 233, 236, 257

SB 121-Vidalia, amend charter...

.. ...... ...........................

..757, 848, 868

SB 122-Vidalia, amend charter... ...................................

...........757, 848, 868

SB 123-Atlanta, amend charter..

.. ................................. 757, 837, 839, 871

HB 127-Lithonia, amend charter..

..... .185, 404, 406, 432

HB 129--Lithonia, amend charter

.. 185, 404, 406, 436

HB 130-Lithonia, amend charter..

....185, 404, 406, 437

HB 142-Columbus, title to real estate..

. .. 197, 323, 325, 335

HB 143-Hahira, amend charter

...... 197, 404, 406, 437

HB 144-Athens, amend charter..

.....................................197, 233, 236, 257

HB 145-Athens, amend charter ....................................................197, 233, 236, 257, 640

HB 146-Athens, amend charter..... . ...... .........

............... 198, 233, 236, 257

HB 149--Newnan, amend charter.....

.................. 213, 233, 236, 258

HB !51-Colquitt, amend charter.....

..213, 233, 237, 258

HB !52-Colquitt, livestock. .......................................................................213, 233, 237, 258

HB !53-Colquitt, amend charter

................................... 214, 233, 237, 258

HB 160-Griffin, amend charter...

......215, 498, 502, 517

HB 165-Dalton, amend charter..

....216, 702, 704, 735

HB 166-Dalton, amend charter...

216, 233, 237' 259, 465

HB 167-McDonough, amend charter..

.........................................216, 233, 238, 259

HB 177-Millen, city court, amend.... ................................................230, 307, 308, 335

HB 178--Abbeville, amend charter ............................................................230, 323, 325, 335

HB 179-Abbeville, amend......

...................................................231, 323, 325, 336

HB 181-Athens, amend charter..........................................................231, 323, 325, 336, 641
HB 187-Acworth, amend cha~ter................................................................246, 323, 325, 360

HB 194-Gainesville, amend charter...................................................... ..247, 323, 325, 336

HB 201-Eastman. city court, repeal.. ..........................................................248, 303, 308, 337

INDEX

1045

HB 205-Eastman, city court, amend ....................

.......... 249, 303, 309, 338

HB 206-Eastman, city court, amend

............................................ 249, 303, 309, 338

HB 207-East Dublin, inco~por!lte HB 208-Warner Robins, amend charter..

.......... 250, 323, 325, 338 ................. 250, 404, 407, 437

HB 211-Elberton, city court, abolish....... .

......................... 268

HB 217-Danielsville, amend charter......... .

..... 269, 382, 384, 412

HB 218-Valdosta, pension employees..................................... . ........... 269, 404, 407, 438

HB 225-Columbus, sell land

.. 290, 404, 408, 438

HB 226-Marietta, amend charter.............................................. .. ..... 290, 323, 325, 340

HB 228-Valdosta, amend charter.................................................. . ... 290, 404, 408, 438

HB 235-Gainesville, retirement fund.............................................

. 291, 323, 326, 340

HB 241-Sylvester, charter.......................................................................... 301, 404, 408, 439

HB 246-Bremen, amend charter................................................... .. ... 302, 498, 502, 517

HB 247-Jasper, amend charter .......................................... ..

... 302, 323, 326, 340

HB 253-Vienna, amend charter ............................................................... 322, 382, 385, 413

HB 263-Fitzgerald, amend charter.......................................... .. .... 331, 404, 408, 433, 854

HB 266-Waverly Hall, amend charter...................................

... 332, 404, 408, 439

HB 267-Alpharetta, amend charter......... ................................ ... 332, 404, 408, 440

HB 269-Dalton, amend charter...........

............................

... 353, 702, 704, 735

HB 285-Certain cities, voting machines.......................... .

. 356, 454, 459, 483

HB 291-Decatur, city court, amend................................ .

. 377, 404, 409, 434

HB 294---Decatur, amend charter................................................

. 378, 404, 410, 435

HB 295-Stone Mountain, amend charter...............................

. 378, 404, 410, 435

HB 296-Clarkston, amend charter.. .......................................................... 378, 404, 410, 435

HR 297-Decatur, amend charter ................................................. . .. ..... 378, 404, 410, 435

HB 301-Hapeville, amend charter

..................... ..

....... 379, 404, 410, 436

HB 302-Hapeville, amend charter.

.. ...... 379, 404, 410, 436

HB 303-Hapeville, amend charter............................................

. 379, 404, 411, 436

HB 310--Atlanta, municipal court, amend......................... . ............ .400, 592, 594, 614

HB 313-Valdosta, amend charter

. 400, 592, 594, 614

HB 317-Rome, amend charter.. ...

..401, 649, 652, 683

HB 318-Rome, amend charter... ................................................

.. .. 401

HB 319-Baxley, amend charter................................................................401, 592, 594, 613

HB 322-0glethorpe, city court..... ......................................

..402, 477, 480, 505

HB 324---Atlanta, amend charter...... .............................................

. 424, 498, 503, 539

HB 325-Atlanta, amend charter...................................................

.. .. 424, 498, 503, 539

HB 329--Certain cities, pension system.............................................425, 498, 504, 846, 971

HB 337-Monroe, amend charter.....................................................

..427, 498, 504, 518

HB 340--Buford, city court, amend...............................................

..... .450, 534, 537

HB 341-Valdosta, amend charter....................................

..450

HB 355-Tallapoosa, public schools..............................

.. ...... 452, 498, 504, 519

HB 356-Bremen, amend charter.

.. ................... ..

453, 498, 504, 519

HB 357-Bremen, amend charter.............................................. . ........453, 498, 505, 519

HB 362-Valdosta, public school system ................................. .

......473, 592, 594, 614

HB 363-Norristown, incorporate............................................. ..

......473, 649, 652, 683

HB 364---Elberton, city court, abolish........................................

. 473, 592

1046

INDEX

HB 368---Abheville, amend charter

474, 498, 505, 519

HB 371-Savannah, police court

474, 556, 557, 574, 916

HB 372-Savannah, amend charter

474, 556, 557, 574

HB 373--Savannah, amend charter

475, 702, 705, 735; 937

HB 374--Savannah, amend charter.

475, 556, 557, 574

HB 376-Savannah, amend charter

475, 702, 712, 851, 880

HB 380-Carnesville, amend charter ................ .

476, 498, 505, 520

HB 381-Midville, amend charter..... ...................... .

491, 556, 557, 574

HB 388---Macon, city-county board of health......... ................. .

493, 648, 652, 762

HB 389-Macon, zoning, planning board ............................... .

493, 648, 652, 766

HB 390-Griffin, amend charter.

.. .................. ..

512, 591, 594, 615

HB 394--Athens, city bus

....................................... ..

. 513, 649

HB 396-Columbus, bus tetminal

513, 591, 594, 615

HB <W5-Adairsville, amend charter

514, 592, 594, 615

HB 406-Eastman, amend charter ... ......................

514, 591, 594, 615

HB <W7-Athens, amend charter

. " ............ ""

515, 556, 558, 682

HB 409-Atlanta, amend charter ..................................515, 837, 839, 871, 997, 1004

HB 410-LaFayette, amend charter

.......... 515

HB 4II-Chickamauga, amend charter...................................... ..

.......... 515

HB 412-Barnesville, public schools ........................................... .

. .... 529

HB 413--Forrest Park, amend charter.................................. ..

529, 592, 595, 616

HB 414--Thunderbolt, close street..

530, 649, 652, 683

HB 417-Newnan, amend charter.

530, 591, 595, 616

HB 425-Woodbine, amend charter ....................................................... .

531

HB 434--Carrollton, city court, establish........................................ ..

..... 552

HB 438---Macon, amend charter...................................................... ..

553, 592, 595, 616

HB 443--Wrightsville, bonded indebtedness.................................... .

554, 701, 705, 791

HB 444--Doraville, amend charter........................................................ . 554, 592, 596, 617

HB 445-Stone Mountain, amend charter........................................ . 551, 592, 596, 617

HB 448--Cochran, close alleys................................................................. .

555

HB 451-Blackshear, revise charter................................................... . 567, 649, 654, 683

HB 452-Savannah, municipal court, amend........................... ..

568, 676, 679, 843

HB 456-Savan,nah, city court, repeal. ................................................. 568, 676, 679, 842

HB 462-East Point, amend charter.................................................. . 569, 649, 654, 684

HB 463--East Point, amend charter...................................................... 569, 862, 868, 877

HB 464--East Point, amend charter......................:.................... ..

569, 649, 653, 684

HB 465-Columbus, amend charter.............. ..

570, 590, 596, 618

HR 92-465a-Columbus-Muscogee schools merge.......................... . 570, 590, 597. 798

HB 469-Atlanta, amend charter.. ......................................... .

607, 649, 653, 684

HB 470-Atlanta, amend charter....................................................... 607, 619, 653, 684, 967

HB 472-Certain cities, councilmen.......................................................... 607, 649, 654, 842

HB 473--East Point, amend charter...................................................... .. 607, 837, 839, 873

HB 474-Brunswick, amend charter .......................................... ..

608, 649, 654, 682

HB 475-Meigs, amend charter........................................................ . 608, 649, 654, 682

HB 478---Rossville, new charter. .................................................. .. ... 608, 649, 654, 685

HB 479-Cedartown, amend charter.................................................

. 609, 649, 654, 685

INDEX

1047

HB 482-Ailey, amend charter...................................................... .

...609, 649, 653, 684

HB 485-Thomaston, amend charter............................................................610, 649, 655, 685

HB 488-Macon, amend charter

......................................

... 610, 731, 733, 754

HB 489---Columbus, amend charter..............................................

.. 610, 649, 653, 685

HB 49g:_Reidsville, amend charter..... .......................................

.. .. 6ll, 649, 654, 686

HB 495-Carrollton, city limits .................................................................... 646, 702, 705, 736

HB 496-Hapeville, amend charter ..................................................646, 837, 840, 873, 1004

HB 497-College Park, amend charter............................................. . 646, 837, 840, 871

HB 498-College Park, amend charter...................................................... 646, 837, 840, 874

HB 499---College Park, amend charter.............................................. .. ...646, 837, 840, 874

HB 502-Auburn, new charter .................................................................._.....647, 837, 840, 875

HB 504---Brunswick, city court, amend....................................................... 647, 677, 681, 710

HB 507-0mega, amend charter....................................................................669, 868, 869, 904

HB 508-Milan, amend charter.....................................................................669, 702, 706, 737

HB 515-Barnesville, additional powers.................................................................................670

HB 516-Villa Rica, amend charter...........................................................670, 702, 707, 738

HR 105-516a-Columbus-Muscogee health dept................................... . 671, 701, 707, 814

HB 518-Newnan, amend charter................................................................ 698, 862, 868, 877

HB 519---Clarkesville, amend charter....................:................................... 698, 731, 733, 754

HB 521-Jesup, new charter..........................................................................699, 731, 733, 754

HB 523-Trenton, amend charter................................................................ 699, 731, 733, 755

HB 524---Cleveland, amend charter............................................................. 699, 731, 733, 755

HB 528-East Point, amend charter............................................................700, 837, 840, 875

HB 529---East Point, amend charter..................................................700, 837, 840, 875, 1009

HB 530--East Point, amend charter..................................................700, 837, 840, 875, 1008

HB 531-College Park, amend charter.....................................................700, 837, 841, 872

HB 534---Atlanta, amend charter..........................................................730, 862, 868, 877, 968

HB 535-College Park, amend charter............................................730, 837, 841, 872, 1007

HB 546-Pavo, amend charter.....................................................................834, 868, 869, 904

Civil rights

HR ll-12b-Protect .................................................................................................56, 834, 841

Commissioners, Roads and Revenues (See Counties and County Matters)

HB 42-Vacancy in office of... ......................................................................... 105, 162, 192

Committees, Special

Tellers-canvass election returns............................................................................34, 45, 46, 47

Investigate veterans legislation..................................................................................................391

Investigate withdrawal HB 166........................................................................................509, 542

Study Fire Protection................................................................................................................... 599

Investigate Ca.-Tennessee boundary........................................................................................664

Investigate, scholarships for musicians....................................................................................848

To revise Tax laws......................................................................................................................1023

Inspect capitol..............................................................................................................................1023

Committees, Standing

Appointment of................................................................................................................59, 67, 280

Communications

Secretary of State, list of members......................................................................................5, 260

1048

INDEX

Governor Ellis Arnall, reprieves

.... 16

Secretary of State, election returns ....................................................................... . .............. 28

Ellis Arnall

...... 57

Gov. Herman Ta1madge, buffet supper

......... 118

Gov. Herman Talmadge, budget message ................................................... .

.119

Collector Internal Revenue ..

.463

Joe Boone, Clerk, HB 166

... 507

Gov. Herman Talmadge, veto .

............................................................... 602, 640, 641

Condemnations

SB 47-Municipal, certain counties..........................................................389, 454, 456, 619

Constables

HB SO-Increase fees of....................................................................127, 200, 204, 317, 966

Contractors

SB 71-Bonds of, amend act relating ..................................................462, 498, 501, 537

Convicts

HB 117-Require wearing of stripes .........................................................173, 271, 273, 487

Coroner (See Counties and County Matters)

Corporations

SB 125-Exchange of property, gain or loss, amend .............................878, 901, 903, 933

HB 308-Corporation Act 1938, amend . ........................................... 381, 515, 516, 625

HB 466-Liquidation subsidiary, gain, loss....................570, 591, 597, 601, 612, 613, 662

HB 520-Corporation Act 1938, amend.

........... 698, 731, 733

Counties and Coun:v Matters (See Charters and Corporations, Municipal)

SB 2-0rdinaries, certain counties, qualifications............................

... 205

HB 5-Baldwin County Commissioners, amend...........................

50, 114, 116, 142

HB 6-Dodge County Commissioners ...... .. ............................. ....54, 138, 139, 162

HR 8-3a-Crisp County, reconvey land to

..................................... 51, 128, 190

HB 10-Bibb Cnnnty, pension plan ................... .....................55, 114, 116, 142, 957

SB 12-CountY manager, certain counties

206, 357, 358, 387

SR 13-Fu'ton County, pension plan

........................ 539, 701, 703, 769

HB I!-Barrow County, treasurer

.......... 62, 138, 140, 162

HB 16-Frar.klin County, commissioner.. ........62, 114, 116, 143, 464, 744, 829, 916

HB 24-Bulloch County, commissioners.

................. . 63, 114, 117, 143

HB 25---Bulloch County, tax collector-receiver

.. 64, 114, 117, 144

SB 28-Co:>ok County, commissioners.

.207, 357, 358, 387

HB 30-Lauren<O County, salary basis

.................. ...... 64, 114, 117, 144

HB 31-Muscogce County, health department...........................

. 65, 114, 117, 144

HB 32-Certain counties, photostatic equipment

..... 65, 114, 117, 175

HB 34-Brantley County, terms of court.

........ 65, 429, 430, 459

SB 34-Certain counties, police pensions .

. 389, 454, 456, 618

SB 35-Fulton County, teacher retirement........ .

. ...389, 454, 456, 619

HB 38-Certain counties, fines, forfeitures....

...... 105, ll5, 117, 175

HB 48-Certain counties, tax receiver, compensation

........ 106, 198, 202, 223

HB 52-Echols County, commissioners .

........... 110, 250, 254, 274

SB 52-Appling County, commissioners.

.... 279, 303, 307, 334

SB 58-Toombs County, commissioners.

.. 341, 494, 500

INDEX

1049

SB 59-Toombs County, commissioners

............................. . 341, 494, 500

SB 62-Hart County, commissioners..... .. .......................................... 341, 428, 430, 459

HB 63-Certain counties, deputy coroner................................................ 112, 138, 141, 175

HB 67-Certain counties, registrars, abolish..................................... . 112, 138, 141, 175

HB 68---Certain counties, solicitation votes............................................ 113, 138, 141, 176

HB 69-Certain counties, zoning commission.........................................113, 138, 142; 176

HB 70-Counties, municipalities, consolidation..............................ll3, 173, 174, 193, 226

SB 78---Certain counties, police chief, establish.................................. 462, 498, 501, 538

SB 79-Certain counties, garbage disposal ..........................................462, 494, 501, 538

SB SO-Certain counties, garbage disposal

........... 463, 494, 502, 621

SB 82-Fulton County, treasurer.......................................................... 463, 494, 502, 538

SB 83-Fulton County, law department ............................................... 463, 867, 869, 903

HB 84--County owned vehicles, insurance .....................................128, 232, 235, 317, 319

HB 85---Counties, authorize sue, damages ........................................ 128, 219, 220, 317

HB 87-Certain counties, designate opponents.................................. 129, 199, 204, 223

HB 89-Gordon County, commissioners ................................................. 136, 199, 204, 221

HB 90-Dooly County, commissioners . . ....................................... . 136, 250, 254, 274

SB 91-Rockdale County, commissioner................................... ... 622, 673, 677, 842

SB 92-Union-Towns Counties, title to land................................. . 575, 590, 593, 847

HB 92-Brooks County, compensation officer .......................... ..137, 198, 204, 221

SB 94--Certain counties, lease auditoriums. .................... ... 687, 835, 838, 870

SB 9_9-Certain counties, stadium authority.

. 622, 672, 677, 707

SB 100-Fulton County, pension employees

....... 622, 672, 677, 708

HB 102-Randolph County, commissioners..

.......................... . 160, 199, 204, 221

SB 103-Polk County, city court.................

................................ 576, 702, 704, 734

SB 105---Hart County, commissioner.....

....................... ... 623, 701, 704, 735

SB 106-Wilkinson County, superior court, terms ............................... 688, 731, 732, 752

HB 108-Early County, tax commissioner. ...................................... 171, 199, 204, 221

HB 109-Mclntosh County, commissioners

. 172, 198, 205, 222

HB 110-Mclntosh County, commissioners

.... 172, 198, 205, 222

HB Ill-Lincoln County, deputy sheriff..

.....172, 199, 205, 222

HB 112-Lincoln County, treasurer.

... 172, 199, 205, 223

SB 112-Unincorporated areas, assess licenses

...... 878, 899, 902, 931

HB 123-Certain counties, coroners' fees ...

. ...... 184, 199, 205, 223

HB 124--Richmond County, school system...... .

. .. 184, 198, 205, 259

SB 126-Rockdale County, commissioners

... 847, 867, 869, 903

SB 127-Rockdale County, tax commissioner....

847, 867, 869, 904

HB 128-DeKalb County, school, bond commission.

185, 250, 254, 274

SB 129-Marion County, sheriff........ .

... 878, 899, 903, 931

HR 34-130a-DeKalb County, board of education.

..185, 454, 458, 488, 776

HR 35-130b--DeKalb County, sewerage system.

..... 186, 454, 458, 489, 759

HB 131-Carroll County, commissioner..

. 195, 250, 254, 277

HB 132-Certain counties, voting machines

195, 251, 254, 489

HB 133-Wilcox County, tax collector-receiver

.. 195, 303, 307, 335, 527

HB 134--Tift County, hospital board

.......... 196, 251, 254, 274

HB 135-Tift County, commissioners

..... 196, 251, 254, 275, 525

1050

INDEX

HB 139-Richmond County, commissioners................................................196, 250, 254, 275

HB 140-Certain counties, sale fireworks ................................................196, 251, 254, 277

HR 36-140a-County levy license tax, certain areas............................ 197, 303, 307, 510

HB 148---Certain counties, pension employees......................................... 213, 251, 255, 278

HB !50-Coweta County, employees pension..............................................213, 250, 255, 275

HB 154---Evans County, compensation ordinary........................................214, 250, 255, 275

HB !56-Clayton County, commissioners................................................... 214, 250, 255, 276

HB !57-Clayton County, tax commissioner................................ A 214, 250, 255, 276

HB !58--Clayton County, planning commission........................................214, 250, 255, 276

HB !59-Certain counties, fines, forfeitures..............................................215, 250, 255, 278

HB 161-Barrow County, clerk, commissioners........................................215, 357, 359, 386

HB 168---Henry County, commissioners......................................................216, 251, 256, 276

HB 171-Telfair County, court fin,es; distribution................................... 216, 405, 406, 432

HB 183-Certain counties, fines and forfeitures..................................... 232, 271, 273, 292

HR 41-183c-Baldwin County, sale State land............................... 232, 405, 407, 659, 690

HB 188---Certain counties, coroners' fees................................................... 246, 357, 359, 388

HB 190-Glynn County, pension employees................................................247, 403, 407, 437

HB 195--Hall County, city court..................................................................247, 323, 325, 336

HB 198---Dodge County, sheriff, salary......................................................248, 303, 308, 336

HB 199-Dodge County, probation officer................................................248, 303, 308, 337

HB 200-Certain counties, special deputy sheriffs................................. 248, 303, 308, 433

HB 202-Dodge County, clerk, salary..........................................................248, 303, 308, 338

HR 42-203a-Pickens County, law books..................................................249, 272, 273, 599

HR 44-207a-Clarke County, law books..............................................................250, 292, 599

HB 209-Gwinnett County, treasurer..........................................................268, 303, 309, 339

HB 210-Elbert County, terms Superior Court.........................................................268, 650

HB 215--Certain counties, coroners' inquests............................................269, 357, 359, 388

HB 219-Lowndes County, commissioners..................................................270, 403, 407, 438

HB 220-Jenkins County, tax commissioner..............................................270, 307, 309, 339

HB 221-Baker County, sheriff's bond.................................................... 270, 454, 457, 481

HB 222-Certain counties, fees jurors, coroner........................................270, 428, 431, 461

HB 227-Fulton County, criminal court......................,.............................. 290, 357, 359, 386

HB 231-Certain counties, juvenile courts.............................................. 291, 357, 359, 388

HB 239-Montgomery County, fines, forfeitures..................................... 301, 358, 360, 387

HB 240-Certain counties, fees coroners..................................................301, 357, 360, 388

HB 248---Certain counties, fines, forfeitures

.. ........................

.. ..... 302, 477

HB 251-Quitman County, commissioners....................................... 322, 403, 408, 439

HB 252-Quitman County, commissioners... .. .........................322, 403, 408, 439, 741

HB 258---Pulaski County, commissioners................................................. 330, 358, 360, 387

HB 259-Pulaski County, treasurer............................................... ..

. 331, 455, 458, 481

HB 260-Certain counties, fees, coroners............................

. 331, 455, 458, 482

HB 261-Elbert County, tax collector-receiver.

...... 331, 403, 408, 439, 849

HB 264---Putnam County, salary sheriff......

.. ... 331, 534, 535, 558

HB 270-Dodge County, tax commissioner

......353, 428, 431, 460

HB 271-Wilcox County, commissioners.

.. .... 353, 403, 409, 433

HB 275--Clinch County, commissioners.

... 354, 428, 431, 460

INDEX

1051

HB 283-Grady County, tax commissioner..................................

..355, 403, 409, 434

HR 59-283c-Clinch County, veterans home .......................................... 356, 428, 431, 482

HB 284--Chatham County, Superior Court, terms................................... 356, 405, 409, 460

HB 286--Certain counties, voting machines .......................................... 357, 454, 459, 483

HB 290--Cook County, commissioners

......................... 377, 403, 409, 434

HB 292-DeKalb County, commissioners ..................................................378, 403, 410, 434

HB 293-Certain counties, fee to salary system..................................... 378, 403, 410, 440

HR 61-303a-Fulton County, garbage disposal...................................... 380, 533, 536, 779

HR 62-303b--Johnson County, law books

......................380, 405, 411, 600, 974

HB 304--Counties tax beer dealers

.... ... .. .. ........ .... .... ... ...

.......380, 651

HB 305--Schley County, tax commissioner

..............................380, 494, 503, 517

HB 311-Certain counties, welfare departments......................................400, 454, 459, 483

HB 312-Monroe County, commissioner

.......................... 400, 428, 432, 460

HB 323-Macon County, tax commissioner.. . ...................................402, 494, 503, 518

HB 338--Long County, commissioners........ ...........................................427, 555, 557, 574

HR 70-338a-Bibb County, pension employees..............................450, 648, 652, 784, 976

HB 339---Bibb County, commissioners ..

.......................................450, 494, 504, 518

HB 342-Certain counties, possession beer ...............................................450, 478, 481, 506

HB 344--Union County, tax collector-receiver.........................................451, 494, 504, 518

HB 348--Certain counties, clerk pay deputy clerk..........

.......451, 494, 504, 520

HB 353-Certain counties, pensions, police, firemen...............................452, 494, 504, 618

HB 359---Baldwin County, city court ............... ... ....... ........................ ......................453

HB 361-Baldwin County court, repeal .............................................. .

................. 454

HB 369---Certain counties, identification voters ......................................474, 672, 678, 710

HB 370-Certain counties, salary officers ...............................................474, 672, 678, 710

HB 375--Chatham County, civil service board......................................

..... 475, 701

HB 377-Chattooga County, city court ..

. 476, 494, 505, 520

HB 378--Chattooga County, commissioners...................................... ...476, 494, 505, 520

HR 77-380a-Bulloch-Bryan Counties, line..............................................476, 555, 558, 574

HB 382-DeKalb County, dept. investigation...........................................491, 534, 537, 559

HB 383-Certain counties, salary coroners .. ...................................... ..491, 701, 705, 752

HB 384-Chatham County, pension board ...............................................492, 731, 732, 752

HB 391-Macon County, commissioners ...................................................512, 672, 678, 707

HR 83-391a-Spalding County, school districts.................................... 512, 671, 678, 787

HB 404--County levy tax, pay expert witnesses.............................................. 514, 731, 733

HB 416--Fannin County, commissioner............................................. . 530, 672, 679, 708

HB 421-Bleckley County, salary officers ....

................... . ....... 531, 673, 679, 708

HB 429---Certain counties, solicitation votes .................................... . 533, 673, 679, 711

HB 433-Polk County, city court................................................................ 552, 592, 595, 616

HB 435--Richmond Reformatory Institute, repeal... .................................552, 593, 595, 853

HB 442-Certain counties, court reporters............................................... .... 554, 571, 573

HR 90-445a-Polk County, board of education........................................554, 648, 653, 794

HB 447-Charlton County, commissioners .................................................555, 673, 679, 708

HR 92-465a-Muscogee-Columbus schools, merge....................................570, 590, 597, 798

HB 471-Fulton County, civil court.

..........................................607, 837, 839, 873

HB 476--Certain counties, fees, coroners . .......................................... 608, 672, 680, 712

1052

INDEX

HR 96-476a-Fulton County, business licenses......................................608, 671, 680, 803

HR 97-476b-Fulton County, civil service........................................ . 608, 671, 680, 806

HB 477-Gwinnett County, treasurer.............................................. ... 608, 672, 680, 709

HB 481-Glynn County, commissioners............................................... 609, 673, 680, 709

HR 98-483a-DeKalb County, levy school tax.......................... ........609, 671, 680, 809

HB 486-Certain counties, solicitation votes..

................ ......610, 672, 681, 711

HB 490-Meriwether, Harris, Talbot, planning......................

. 611, 649, 654, 686

HB 491-Berrien County, commissioners........................................ ...... 611, 672, 681, 709

HB 492-Berrien County, commissioners. .. ...............................

..611, 672, 681, 709

HB 494-Certain counties, photostatic equipment........................... ..611, 672, 681, 711

HR 104-504a-Clinch County, school districts.........................................647, 701, 706, 811

HB 509-Telfair County, commissioners....................................................669, 701, 706, 737

HB 510-Habersham County, city court................................................... 670, 701, 706, 737

HB 512-Certain counties, squirrel season............................................. 670, 701, 706, 738

HB 513--Calhoun County, commissioners ............................................... 670, 701, 706, 737

HB 514-Calhoun County, tax collector-receiver...................................... 670, 701, 706, 737

HR 105-516a-Muscogee-Columbus health dept........................................ 671, 701, 707, 814

HR 106-516b-Spalding County, home rule apply.........................................

........... 671

HB 525-DeKalb County, pension system .........................................699, 731, 733, 755, 965

HB 526-Fulton-DeKalb, metropolitan plan!ling...................................... 699, 731, 734, 755

HB 527-Certain counties, official organs..........:...................................... 699, 731, 734, 756

HB 532-Tattnall County, tax collector-receiver .......................................700, 731, 734, 756

HB 533--Road funds, distribution to, amend. .............................................

........ 700

HB 538-Marion County, sheriff......

..................................................747, 835, 841, 876

HB 539-Dawson County, commissioner...............................................................................747

HB 540-Dawson County, commissioner..............................................................................747

HB 541-Certain counties, airport authority.. ................. ..........747, 835, 841, 876, 966

HB 542-Certain counties, concessions, public bldgs...

.....747, 835, 841, 876

County Officers

HB 299-Require surety bond

...........379, 429, 432, 724

Courts, City, County, Municipal {See Charters and Corporations, Municipal) (Counties

and County Matters)

Courts, Superior {See Counties and County Matters)

SB 14-Judge Superior Court Emeritus, creation

.. 177, 219, 715, 720, 739

HB 12-Jurors, bailiffs, per diem............... ................ .

55, 199

HB 56-Judge Emeritus Superior Court...

....................Ill, 307

HR 80-384c-Judge, election.

... 492, 834

Courts, Supreme and Appeals

SB 96-Salaries, officers of

..................... .

.576, 648, 651, 938, 957

HR 118-Vest legislative power in SuJ!reme Court..... .

.. 887

Court Reporters (See Judicial Circuits)

HB 20-Compensation of.... ..................... .

..63, 199, 202, 242, 285, 344

HB 81-Shorthand, examination of

........ 127, 271, 272, 317, 348, 361

HB 232-Compensation of ....................... .

291, 333, 334

HB 442-Counties contract with .. .

...... 554, 571, 573

Criminal Trials

HB 3--Jury pass on guilt or innocence in ........... . .. .. . ...... 50, 199, 201, 226

INDEX

1053

D

Delinquent Children

SB 25---Establish schools for.

.206, 251, 253, 584, 597, 939, 949

Dentists, Dentistry

HB 71-Eligibility, applicants to practice..

......113, 200, 203, 224, 306, 3ll, 361

Depositories

SB 16--Gratuitous, express lien of.. ....................................................... 177, 477, 479, 915

HB 58-Involuntary gratuitous................................................................ .111, 358, 359, 444

Divorces

HB 155---Amend laws relating to.......... .............................................. . 214, 271, 279

HB 233-Grounds for, amend.........

......................................................... 291, 591, 593

HB 236--Publication, actions for... ..............................................................291, 358, 360

HB 281-Registration of repeaL ..............................................................355, 455, 458, 824

HB 300-Procedure in cases, amend......... ................................................ 379, 497, 503

HB 505---Amend laws relating to

................................................ 669, 703, 706, 823

Drinks, Soft (See Taxes and Tax Laws)

Drivers Licenses

SB 7-Exempt armed forces......................................................................

. ......... 206

HB 40-Five year..............................................................................................

.105, ll5

HB 86--Five year ................................................................................................128, 324, 349

Drug Inspector

HB 184--Grant additional powers to ..............................................246, 403, 407, 629, 1002

Drugs, Drug Stores, Pharmacies

HB 185---Amend act regulating sale..................................................246, 403, 407, 634, 1003

HB 186--Permit to operate drug store.......................................................................246, 498

E

Educational Opportunities

SB 5---Equalize, amend act........

............................................177, 232, 235, 938

Education, County Boards of (See Counties and County Matters)

HB 28-Condemn private property, school use .

........64, 234, 235, 298, 642

SB 89--Election, certain counties...

.................

... 687, 929, 930, 949

SB 109--Powers, duties, of.....

............. 688, 835, 838, 935, 951

SB ll3-Amend Code relating to.............................................................739, 835, 839, 938

HB 176--Powers of, amend act relating ........ .

.. 217, 428, 430, 625

HB 204-Powers, duties, repeal act relating

. 249, 270, 273, 626

Education, State Board of

SB 32-Amend law relating to ..

... .. ........ 207, 382, 383, 937

HB 169--Amend law relating to

.... 216, 382

Education System

HR _60-Make survey of .. . ...... ................................................... 356, 428, 431, 582

Elections and Election Laws (See Counties and County Matters)

HB 13-Primary election, repeal laws.

..55, 66, 107, 130, 134, 145, 165, 365

HR 23-74a-Returns of how published

..... UO

HR 24-83a-Qualification of electors .. .... .. .......... ..... ... ...........

.... 128, 303

1054

INDEX

HB 96-Registration voters, revise laws

.. 137, 138, 201, 204, 320, 327, 390, 391

392, 414, 419, 440, 441

HR 50-236a-Qualification of electors ... ......................... .................... .. 292, 303, 309

HB 289-Local options, percentage voters.............................................

377, 405, 409

Electrical Inspection Board

HB 543-Create ......................................................................................................................748

Eleemosynary Institutions

HB 467-Abolish Board of Control of............................................................... 570, 650, 653

Embalming, Funeral Directing

HB 349-Regulate .................

.......451, 498, 504, 821, 822

Entomology

HB 254-Director of, compensation

... 322, 499, 502, 826

Escheats

HB 334-Repeal laws relating to ..

... 426, 478, 481

[xecutors

HB IS--Non-resident, venue of suits.

.. 63, 199, 202, 228, 974

F

Farmers Market, Valdosta

HR 65-334b-Lease contract of

................ 426, 534, 536, 601

Fees and Fee Systems (See Counties and County Matters) (Judicial Circuits)

Felony Cases

HB 298-Judges suspend sentence in..

379, 477, 480

Fires, Fire Protection

SB 75--Provide state-wide forest protection

.................................................. 622

HB 122-Hotels, equip for protection..

.184, 219, 220, 488, 830, 883, 887, 1015

HB 282-Provide statewide forest protection.......................

..355, 402, 409

HB 420-Protect from injury, death by.........

....... 531, 572, 573

Fireworks

HB 107-Prohibit sale of... .....

................................. 161, 218, 220, 486

HB 140-Sale of, certain counties

.............................. 196, 251, 254, 277

Fish, Fishing (See Game and Fish)

Flour, Grits, etc.

HB 487-Packaging of

..... 610, 675, 681

Forestry, Department of

HB 428--Abolish

.................................................................. 532, 730, 732

Forests (See Fires, Fire Protection)

Fortune Telling

HB 105--Counties tax, regulate....

..........161, 201, 204, 365

Freight Overcharges

HB 29-Suit for, limit time of...

....64, 219, 314, 344, 894

G
Gambling HB 125-0n sports, prohibit

.. 184, 358, 359, 488

INDEX

1055

Game and Fish

HB 309-Deer hunting, regulate........................................................................ 399, 702, 704

HB 366---Doves, open season.....................................................................................................473

HB 419-Doves, amend Code.......................................................................................... 530, 702

HB 439-Violation laws, confiscate devices....................................................... 553, 590, 595

HB 440-Annual fishing licenses......................................................................... 553, 590, 596

HB 449-Deer, turkey, prohibit killing....................................................... 555, 590, 596, 618

HB 500-Shad, open season........................................................................... 647, 702, 705, 738

HB 512-Squirrel season, certain counties............................................... 670, 701, 706, 738

General Assembly

HR 58-283b-Annual sessions, provide...........

......... 356, 834, 841

Georgia Citizens Council

HB 306-Repeal ...................................................................................................... 380, 429, 432

Georgia Coastal Scenic Highway

HB 189-Create Authority....................................................................247, 429, 431, 686, 966

Georgia .State Guard

HB 320--&epeal

...... 401

Governor, State House Officers

Election of Governor............................................................................................... .

....... 40

Oath of Office, Governor ........................................................................................... ...........43

Election, State House Officers....................................................................................................47

HR 10-12a-Election, death Gov.-elect ...........55, 198, 201, 227, 238, 261, 263, 279, 280

HR 12-12c-Election, county unit method................56, 198, 202, 227, 242, 281, 293, 690

HR 14-12e-Special election for............................................................................................ 56

HB 78-Quo Warranto, apply to................................................................127, 139, 142, 363

HR 57-283c-Term, eligibility to succeed...............................................356, 533, 536, 818

H

Health, State Department of

SB 53--Compensation Director.................................................................. 539, 702, 703, 989

HB 173--Director, amend act relating to.......................................................... 217, 498, 502

Highway Department, State

HB 276-Authorize suit against .......................... .

.. 354, 476, 480

HR 86-426a-Close on Saturday, authorize.

. 532, 650, 652

Highway Patrol

HB 522-Amend Act creating . ................................................................. 699, 750, 751, 909

Highways, Public

HB 327-Regulate use of ...

.. 425, 477, 480

HB 424-Negligence, repairs on

... 531, 612, 613

Hitchhiking

HB 351-Prohibit

....... 452

Holidays, Legal

SB 69-Amend act relating to...

. 462, 493, 501, 913

Home Rule

HB 2-Municipal, provide for.......................50, 233, 234, 285, 294, 295, 694, 743, 976

HB 214--County, provide for.................................................. .-..........269, 303, 309, 876, 997

1056

INDEX

Homicide

HB 273-0f child, right of recovery

. 354, 648, 656

Hospitals, Hospitalization

HB 119-Hospital Authorities, amend .......................................................183, 218, 220, 487

Housing Authority, State

HB 328--Director, repeal

.. 425, 499, 503

I

Income Taxes (See Taxes and Tax Laws)

Incommunicado

HB 180---Persons held, immediate hearing ................................. .

.. 231

Injunctions

HB 397-Mining of minerals ..

.. . . .... 513

Injury, Second

HB 332-Repeal act relating to .

.... 426, 731, 732

Insanity

SB 17-Adjudication of, payment wages

177. 930, 953

HB 57-Adjudication of, payment wages

Ill, 199, 203, 315, 345

Insecticides

HB 455--Poisonous, protect public from

568, 593, 596

Insurance Commissioner

SB 107-Deputy, appointment ..

... 878, 902, 937

HB 436--Deputy, appointment

553, 591, 595

Ir.surance, Insurance Companies (See Taxes and Tax Laws) (Counties and County Matters)

HB 212-Hold real property, authorize .... .... .. ..............

....269, 306, 309, 662

HB 213-0rganization of .

..... 269, 306, 309, 639

HB 242-Rights of creditors in .

....... 301, 381, 384, 662

HB 243-Casualty, regulate rates.

. 301, 381, 384, 694,. 723, 963

HB 244-Fire, regulate rates

.302, 381, 385, 694, 724, 964

HB 255--Annual reports of .

. ............... 322, 381, 385, 909

HB SOl-Accident, baggage, ticket agents

.

..... 647, 703, 705

HB 536--Penal provisions

.... 746, 837, 841

Intruders

HB 365-Proceedings against

.... 473, 556, 557

Intoxicated Persons

HB 503-Arrest of, amend act relating

647, 701, 706

Investment Securities

SB 36--Regulate purchase of...

......413, 493, 499, 586

J
Joint Sessions Publish election returns . Hear Governor Talmadge ................. Hear A Capella Choir....... .. . ............. . Hear Acting Governor Thompson...

........

.... 28

.................. .. 98

.......... 521

. ........ 910

INDEX

1057

Judicial Circuits

SB 23---Atlanta, fee system, solicitor...................................................... 206, 477, 479, 621

HB 36-Northeastern, sub-divide......................................104, 455, 457, 464, 497, 506, 522

HB 59-Atlanta, fee system, solicitor... ......................................................

............. 111

HB 62-Chattahoochee salary socilitor..................................................... 112, 200, 203, 315

HB 94-Coweta, salary solicitor................................................................................ 137, 358

SB 108-Coweta, fee system, amend act .

.. .......... 688, 930

HB 126-Stone Mountain, reporter................................................................185, 219, 220, 488

HB 230-Stone Mountain, salary solicitor.................................................. 290, 307, 309, 600

HB 268-Middle, salary reporter....

.. .... 332, 476, 479, 600

HB 441-Coweta, salary judge ........................................................................... 553, 572, 573

HB 457-Eastern, additional judge .......................................................... 568, 676, 679, 752

Jurors, Jury Duty (See Courts, Superior)

HB 4-Grand, traverse, selection of.. ..........................50, 115, 116, 129, 381, 443, 848

SB 13---Women, amend Code to provide......................................................... 484, 516, 995

Justices of the Peace

HB 280-Fees of .............................................................................................. . . 355, 381, 385

L

Labor, Department of

HB 480-Amend act establishing............ .

609, 703

I abor and Labor Laws

SR 10-Right to work not abridged ......................... .

........... 461, 533, 535, 950

SB 10-Closed shop, prohibit .................................................. .

.......................... 389

SB ll-Right to work

.................... 389

HB 72-Labor organizations, membership in

...... ll3, 305, 311, 361, 441, 465

HB 73---Closed shop

....................... 114, 305, 311, 363, 468

Law and Law Practice (See Attorneys at Law)'

HB 19-Brief of evidence, motion new trial

63, 199, 202, 228

HB 54-Impeachment witness, additional persons..................................110, 199, 203, 315

HB 55-Law of evidence, amend...............................................................

.. ... llO

HB 101-License to practice, qualifications .............................................160, 456, 457, 486

HB 174-Dhision property in kind

..... 217, 271, 273, 663

HB 175-Warrant of appraisement..

.... ............

.. 217, 271, 273, 663

HB 2~5-Bar examinations, holding of .

302, 358, 360

Law, State Department of

HB ll4-Laws relating to, repeal

........ 173

Libel

HB 66-Repeal act making additions, law of ..................................... ll2, 499, 501, 629

Librarian, State

SB 20-Repeal law relating to ..

.. 178, 306, 307, 917, 954

License and License Fees (See Game and Fish) (Taxes and Tax Laws)

HB 352-Free, old persons, amend ................ ..

.....452, 535

HR 71-358a-Occupation, suspend issuing............................................ .

.... 453, 751

Uens

HB 116-Priority of, provide for..................................................................173, 405, 406, 487

1058

INDEX

Liquor (See Alcohol and Alcoholic Beverages) Loans, Loan Sharks
HB 136-Small loans, amend act........................................... .

............... .196, 307.

M

M~t Beverages (See Alcohol and Alcoholic Beverages)

Markers, Monuments, Memorials, Etc., SR 2~Blue Star Drive, designate........................:.

....................... 743

HR 27-103a-Eugene Talmadge Memorial.. ................. ..................160, 271, 272, 351

HR 29-113a-Veterans Spanish-American War.

.......................172, 271, 272, 486

HR 89-427a-Gold Star Mothers

..... 532, 648, 652, 938

Marriages HB 44-Ceremony, 30 day waiting period

... 106, 199

HB 170-lssuance of licenses

....... 216, 307, 308

Mechanics

HB 335-Require itemized statements from

.... 427, 516

Messages (See Communications)

Messages, Senate

Pages 18, 19, 28, 61, 65, 116, 145, 164, 170, 190, 194, 218, 245, 267, 288, 299, 332,

352, 364, 371,. 391, 397, 445, 448, 470, 471, 472, 490, 491, 511, 528, 549, 552, 565,

567, 604, 605, 644, 645, 646, 664, 667, 668, 695, 697, 698, 726, 727, 728, 729, 730,

745, 831, 833, 864, 866, 886, 895, 898, 899, 919, 922, 923, 924, 927, 928, 929, 940,

941, 942, 943, 944, 945, 949, 950, 958, 959, 961, 962, 996, 1004, 1022, 1023.

Militia Districts

HB 28~0rganization new .

..... 357, 476, 480

Mines, Mining, Geology, Department of

HB 453-Reorganize ..........

.............................................................. 568, 593, 596

Mortgages

SB 41-What may embrace.. .........................................................416, 493, 500, 587, 588

Motion Pictures

HB 141-Legalize Sunday .

.....................................................197, 219, 220, 862

Motorists, Non-Resident

HB 53-Jurisdiction of courts................................. .

.. .110, 138, 140, 192

Motor Vehicles (See Taxes and Tax Laws)

HB 79-0peration on private property.....................................................127, 233, 235, 316

HB 23~Pa~king, regulate.................................................300, 477, 479, 722, 724, 740, 975

Municipal Street Improvements

HB 265-Assessments for...

........................................................332, 381, 385, 693, 975

HB 316-Amend act relating to.

..................................401, 498, 503

N
Naval Stores HB 307-Adulteration, naval stores .................................................................... 380, 612, 613

INDEX

1059

Notaries Public

SB 19-Appointment

.. 178, 477, 479, 915

Nuisances, Public

HB 137-Granting supersedeas......................................... . ...........196, 403, 406, 489,. 509

Nursing

SB 29-Amend act regulating.................................................................. 207, 498, 499, 583

0

Official Organs (See Counties and County Matters)

HB 287-Selection, amend act ............................................................................. 357, 381, 385

HB 527-Designation, certain counties....................................................... 699, 731, 734, 756

Operation, Affairs of State

HR :.:0-13b---Provide for.. ...................................62, 139, 140, 191, 226, 298, 361, 444, 522

Ordinaries (See Counties and County Matters)

HB 16-i--Jurisdiction, Court of............................................. .

. 215, 234, 237

Organization

List of members .............................................................................................................................. 5

Oath of Office .................................................................................................11, 27, 28, 56, 260

Election Speaker ............................................................................................................................ 11

Ele:tion Clerk ................................................................................................................................13

E;ection Speaker Protem .............................................................................................................19

Election MessengeF..................................................................................................................... 22

Election Doorkeeper.................................................................................................................... 23

Appointments, Committees........................................................................................... 59, 67, 280

p

Pardon, Parole Board HB 5 4-Amend act creating ......................... .- .......................................................................748
Peace Officers HB 33---Annuities, provide for...........................................................65, 499, 522, 657, 689
Petroleum Gases HB 484-Regulations for storing........................................................................ 610, 671, 680
Photostatic Equipment (See Counties and County Matters) Pipe Lines
SB 101-Clay, use right of way................................................................... 623, 650, 651, 932 Pistol License
HB 163---lssuance of, amend..................................................................................215, 234, 237 Plumbing and Heating
HB 93---Regulate ..............................................................................................................137, 571 Poll Taxes (See Taxes and Tax Laws) Pollution
HB 418--0f streams, prohibit................................................................................530, 702, 705 Pool Rooms
HB 256--Amend act regulating................................................................................................322

1060

INDEX

HB 257-Amend act regulating..

....323

Ports Authority, State

HR 64-334a-Bonded indebtedness oL ..

..426, 533, 536

Primary Elections (See Elections and Election Laws)

Printing

HB 121-Acts, journals, require bond............................................................. .

....... 184

Probation Officers, Circuit

HB 272-Provide for.....

....... ...............354, 429, 431

Public Carrier

HB 399-Securing certificates for.................................................. .

....513, 592, 594

Public Safety, Department of (See Highway Patrol)

Purchases, Supervisor of

HB 450--Amend act creating......... .

........................................ .....555, 593, 596

Q
Quo Warranto (See Governor)

R

Rabies

HB 98-Prevent spread oL ........................................................................................ .159, 218

HB 234--lnoculation dogs for, require... .................................................291, 659, 676, 677

Racing, Racing Commission

HB 446-Provide for

.... 554, 570, 573

Railroad Crossings

SB 43-Whistle blasts at

414, 429, 430, 585

HB 147-Whistles at

............................. ................................ 198, 234, 236

Railroads, Street

SB 21-Franchises, disposal of.. ...

............................................278, 429, 430, 583

Reapportionment, Legislative

HB 343-Senatorial districts, amend act. ................................... .

......450, 477, 481

Refunding Bond Commission

SB 68-Create

..................................................................................461, 493, 501, 585

HB 277-Provide for.................................................................................................355, 402, 409

Registrars, County (See Counties and County Matters)

Remarks

Rep. Matthews of Peach.............................................................................................................576

Reporters, Court and Shorthand (See Court Reporters) (Judicial Circuits)

Reports, Special Committees (See Committees, Special)

Reports, Standing Committees

Engrossing ...

.............251, 304, 494, 673, 748, 835, 900, 1024

Enrolling

.....................................................................1025

Georgia State Sanitarium... Rules

884 ..540, 559, 580, 597, 603, 623, 655, 688, 713

757, 849, 851, 879, 880, 904, 931, 949

State Prison Farm

............ 829

INDEX

1061

University of Georgia........ .

............ 962

Revenue, Department of

HB !-Commissioner of, political activity...............................................50, 115, 116, 187

HB 203-Amend act creating ...................... ...............................

........249

Revenue Producing Undertakings

HB 393-Amend act relating to

. 512

Rights of Way

HB 458-State pay counties for ...

...... .. 568, 650, 653, 824

s

8anity

SB 73-Restoration to, establish means.............................. . ..... . .462, 571, 572, 938

School Superintendents

SB 33-Classification of, amend ................................. .

. 207, 251, 253, 933

Schools and School Laws (See Teacher Retirement System)

HB 162-Transportation pupils, funds for ................... .

........215, 232, 237, 624, 992

Secretary of State

HR 19-13a-Use of Great Seal, direct.........................62, 115, 118, 191, 208, 224, 486

Septic Tanks

HB 427-Plans for construction

..................... 532

Sex Hygiene

HB 249-Provide course in..

................ ........................

.....302, 676, 677

Sheriffs, Deputy Sheriffs (See Counties and County Matters)

HB 274-Proceeds' sales of, held in trust....

............ 354, 648, 651

Social Security, Director

HB 50--Compensation

........107, 139, 140, 192, 238, 281

Soft Drinks (See Taxes and Tax Laws)

Stadiums, Grandstands (See Counties and County Matters)

HR 67-336a-Construction of

.................. .

.........427, 454, 459, 782

State Employees

HB 279-Retirement system for, establish

355, 499, 502

State Highway Department (See Highway Department, State)

State Hospital, Milledgeville

HB 11-Salaries of employees, raise..

...55, 174, 190, 341

HB 196--lncrease salaries employees...

248

State Officials

SB 130---Salaries of..................................................................................... . ..877, 902, 959

HB 537-Equalize salaries of....................................................................... ..747, 847, 868

HB 548-Salary, highway director, treasurer...................................... .

...834, 868, 869

Sulfanilimide Drugs

HB 99-Sale, use of......

..................160, 218, 220, 350, 642

Superintendent of Schools, State

SB IS-Compensation ............................................:...............................................878, 902, 993

Superior Courts (See Courts, Superior) (Judicial Circuits) (Counties and County Matters)

Sureties on Bonds

HR ll2-540a-C. J. Hill, F. J. Mitchell, relieve................................................747, 868, 869

1062

INDEX

Surveys

HB 459-County, right to make, road purposes..........................................569, 65(}, 653, 824

T

Tax Collectors, Receivers, Commissioners (See Counties and County Matters)

HB 336-Duties, tax collectors, amend..................................................................................427

Taxes and Tax Laws

HB 7-Motor Vehicles, classify for.......................................:...................................54, 272

HB 8-Sales, levy and col.ection, authorize....................54, 456, 484, 522, 544, 560, 576

HB 45---Soft drinks, levy on ................................................................................106, 535, 541

SB . 95-Motor Fuel Tax Law, amend.................................................................................. 687

HB 118-lncome, limit assessment, collection..........................................183, 478, 479, 510

HB 138-Automobiles, exemption property........................................................196, 535, 536

HB 216-Net income, deductions ...........................................................................................269

HB 229-Motor Fuel Tax Law, amend............................290, 382, 384, 854, 951, 963, 991

HB 311-General Tax Act, amend .....................................................................400, 535, 536

HB 315-Delinquent Special, levy fi.fas................................................................400, 478, 480

HB 345-Poll, levy and collect ............................................................................451, 556, 557

HB 347-Motor Fuel Tax Law, amend........................................................451, 478, 481, 535

HB 35~Wild lands

............................................................................................. 452

HB 358-lnsurance premiums, levy on ................................................................................. 453

HR 74-376a-Committee, revise tax laws...................................475, 535, 537, 907, 1023

HB 379--- ncome, armed forces

.................................................. 476, 535, 537

HB 386-Motor Fuel Tax Law, amend ................................................. .

. ...... 492

HB 39l:I--Molor Fuel, kerosene, amend . ..................................................... . 513, 535, 541

HB 40~Usage tax, motor vehicles ............................................................. .. 513, 535, 541

HB 402-Hevenue Tax Act, amend .................................................................. 514, 535, 541

HB 403-Corporation tax, amend ....................................................................... 514, 535, 541

HB 403--Hecortiing documents, levy tax on......................................515, 556, 558, 826, 848

HB 41.).--lncome, amend ........................................................................530, 556, 558, 603

HB 432-Provide new revenue ............................................................. .....

.. .......... 533

HB 466--Liquidation corporation, tax gain, loss...........570, 591, 597, 601, 612, 613, 662

Teacher Retirement System

HB 197-Amend

..................................................................248, 402, 407, 825

HB 25~Amend

................................................321, 428, 431, 825

HB 431-DeC:uctions for, require.

.. .............................................. 533, 611, 613, 909

HB 545-Amend .. .. .. .. .. . .............. ............................................................. ....

. 833

Teachers, School

HR 66-334c-lncrease pay of ...................................................................... .

...... ..426

Tenant

SB 3-Holding over, judgment double rent...............................176, 199, 201, 584, 715

Textile Engineering

HB 172-School of, building for, provide ..........................................................217, 571, 572

Tickets

HB 331-Athletic contests, prohibit reselling.....................................................................425

Tobacco (See Agriculture and Agricultural Products)

Traffic Regulations

INDEX

1063

HB 330-Amend act relating.................................................

.. 425, 477

Training Schools

HB 385---For Boys, establish branch .....

.....492, 650, 652, 824, 908

Treasurers, County (See Counties and County Matters)

Trusts and Trust Funds

SB 15-Common, amend act authorizing

.................................413, 493, 499, 587

HB 354-Fiduciaries invest

.. .. ..................... ....................... ..........452, 730, 732

u

Unemployment Compensation SB 74-Amend law relating HB 461-Amend law relating

.............506, 576, 612, 714, 716 ..................................................................... 569
v

Veterans (See Taxes and Tax Laws)

SB 6-ln professions, amend act relating.............................................904, 929, 930, 993

HB 27-Compensation, World War 11................................................64, 456, 485, 522, 523

HB 46-Honorably discharged, seniority.................................................106, 200, 202, 314

HR 52-Committee investigate legislation...........................................

............... 326

SB 87-Discharge papers, recording .............................................................. 687, 838, 918

SB 97-0rganizations, free quarters.................................................... ..687, 862, 867, 937

HB 192-Service Department, duties........................................................

....247, 732

HB 19~Education Council, establish................................................... .........247, 732, 854

HB 22~Disabled, business license...... ................................................270, 456, 457, 693 HB 547-Blind, pay pe~sion ...................................................................................................834

Vital Statistics

HB 326-Registration, births, deaths................................

................ 425, 498, 503

Voters (See Elections and Election Laws)

w

Waco Reservation

HR 88-426h-Authorize purchase........................................ .........532, 556, 558, 601, 916

Wills

HB 367-Husband, wife, sign, provide...................................................................... . ......474

Wine (See Alcohol and Alcoholic Beverages)

Wimesses (See Law and Law Practice)

Workmen's Compensation (See Labor and Labor Laws)

HB 41-Board, taking testimony .....................................................

...... 105.

HB 262-Board of, abolish............................................................................ . ..331, 499, 502

y

Year's Support HB 77-Limitation, filing for............................................................127, 199, 203, 316, 345 HB 182-Amend act relating to.................................................................231, 271, 273, 663
z
Zoning, Planning Laws (See Charters and Corporations, Municipal) (Counties and County Matters)

1064

INDEX

Part IT

HOUSE AND JOINT SESSION RESOLUTIONS

(For General Index see Page 1041)

HR 1-Notify Senate, organization .

......................... .

. 17

JSR 1-lnvite Talmadge, Thompson address Assembly.................. .

29

HR 2-Notify Governor, organization .

17

JSR 2-Election returns, canvass, publish....

29

HR 3-Adopt Rules .

17

JSR 3-General Assembly elect Governor. ....................... .

35

HR 4-Appointment attaches of House

17

JSR 4-Escort Governor-elect Talmadge.

43

HR 5-Joint session, election returns..

..................................... .

18, 19

JSR 5-Committee, install Governor Talmadge .................. .

44

E.R 6-Representative Gilmer County, death of ......................

25

HR 7-lnvite Talmadge, Thompson address House .......... .

27

HR 8-3a-Reconvey land to Crisp County .......... .

51, 128, 190

HR 9-General Assembly adjourn .

51

HR 10-12a-Election Governor, death governor-elect . . 55, 198, 201, 227, 238, 261, 263,

279, 280

HR 11-12b-Protecting civil rights .

56, !'31, 811

HR 12-12c-Eiect Governor county unit method ...... 56, 198, 202, 227, 242, 281, 293, 690

HR 13-12d-Amend Rules.............................................................................................. 56, 200, 207

HR 14-12e-Special election for Governor..............................................

56

HR 15-Joint session, Governor Talmadge

57

HR 16-March of Dimes, campaign ...................

58

HR 17-Request information, Board of Regents .

59, 66

HR 18-Robert E. Lee, birthday...

60

HR 19-13a-Use of Great Seal, direct Secretary State....... 62, 115, 118, 191, 208, 224, 486

HR 20-13b-Operation affairs of State, provide .... 62, 139, 140, 191, 226, 298, 361, 444, 522

HR 21-73a-Wm. M. Kimbrell compensation ......................

..109, 455, 457, 485

HR 22-73b-W. H. McCoy, compensation

........ .109, 455, 457, 485

HR 23-74a-Election returns, how published HR 24-83a-Qualification of electors ..................................... .

110 128, 303

HR 25-General Assembly adjourn...... .

....... 130

HR 26-Death, Wm. E. Dixon ...

135

HR 27-103a-Eugene Talmadge Memorial Association .

..

. 160, 271, 272, 351

HR 28-103b-Damages, Mrs. Lillian Andrews, et al.

..161, 306, 307, 364, 442, 917

HR 29-113a-Spanish-American veterans, commemorate..

.... 172, 271, 272, 486

HR 30-Hon. Henry C. Arnall, sympathy.

... 178

HR 31-Waco Rifle Range, advertising

186

HR 32-Musicians, Georgia-Georgia Tech. .. .......................................... ...187, 521, 848

HR 33-Representative Geo. L. Smith, sympathy.............................................

..189

HR 34-130a-DeKalb County board of education................................185, 454, 458, 488, 776

INDEX

1065

HR 35-130b-DeKalb County, sewerage system ...

..186, 454, 458, 489, 759

HR 36-140a-Counties levy license tax, certain areas ....... . ................. 197, 303, 307, 510

IIR 37-172a-Amputee veterans, motor vehicles .. .

......................... 217, 306, 308

HR 38--Camp Stewart, sale of timber .... ........................ .

227

HR 39~181a-Damages, Carl F. Pruett ............................

.. 231, 455, 458

HR 40-181b-Damages, J. D. Bloodworth

..... 231, 455, 458

HR 41-183c-Sale state land, Baldwin County ..

.... 232, 405, 407, 659, 690

HR 42-203a-Law books, Pickens County

.................. ... 249, "272, 273, 599

IiR 43-203b-C. R. Jones, compensation

..... 249, 306, 308

HR 44-207a-Law books, Clarke County

. 250, 292, 599

HR 45-Convening, adjourning of House, set

260

HR 46-Capitol buildings, committee inspect

.......... 280, 1023

HR 47-Express confidence in Judiciary

280

HR 48-223a-Fire protection, joint committee

....... 289, 324

HR 49-Debate in House ........ .

295

HR 50-236a-Qualification of electors .

... 292, 303, 309

HR 51-!ncome tax returns, extension.

326

HR 52-Veterans legislation, committee investigate............................. .

...... 326

HR 53-Theater passes, thanks .......... .

.............. 326

HR 54--Building contractors, investigate ..........................

........ 341

HR 55-Nitrogen, War Department, release of.. ........ .

345

HR '56-Atlanta Chamber of Commerce, thanks ............................

350

HR 57-283a-Governor, term, eligibility to succeed

....356, 533, 536, 818

HR 58-283b-Annual sessions, General Assembly .......................... .

..... 356, 834, 841

HR 59-283c-Ciinch County, contribute to veterans.............. .

....... 356, 428, 431, 482

HR 60-283d-Education system, survey of ................................

. 356, 428, 431, 582

HR 61-303a-Fulton County, garbage disposal

380, 533, 536, 779

HR 62-303b-Johnson County, law books

... 380, 405,_ 411, 600, 974

HR 63-319a-Widow, C. C. Hulsey, funds for

. 401

HR 61-334a-Ports Authority, bonded indebtedness...

..... 426, 533, 536

HR 65-334b-Valdosta Farmers Market, lease ................ .

426, 534, 536, 601

HR 66-334c-School teachers, increase pay

426

HR 67-336a-Grandstands, stadiums, construction of...

................427, 454, 459, 782

HR 68-336b-Damages, Ernest C. Dailey

427, 676, 678

HR 69-A Capella Choir, invite ... .................... . HR 70-338a-Bibb County, pension employees

.. 444 ......... 450, 648, 652, 784, 976

HR 71-358a-Occupation licenses, suspend....

.......... 453, 751

HR 72-358b-L. S. Phipps, damages .

. 453, 571, 572

HR 73-Margaret Chase Smith, invite.

484

HR 74-376a-Revise Tax Laws, committee

.... 475, 535, 537, 907, 1023

HR 75-376b-Damages, J. N. Bray Co............................. .

..... 475, 571, 573

HR76-Rep. Leonard Lokey, birthday ..

.. ... 485

fiR 77-380a-Bulloch-Bryan Counties, establish line

.. 476, 555, 558, 574

HR 78-384a-Damages, L. T. Garrett

492, 571, 573

IIR 79-384b-Atlanta Northern Railway, right of way

......... 492

HR 80-384c-Superior Court Judges, election........ .

............ 492, 834

1066

INDEX

HR 81-Committee, investigate HB 166 ..

................................................................ 508

HR 82-398a-W&A Railroad, relocation ..

. .......... .......512, 535, 537, 598

HR 83-39la-Spalding County, school districts ................................ . ......512, 671, 678, 787

HR 84-Hon. W. B. Cochran, sympathy........................................................................... . .. 521

HR 85--Hon. Cecil Cannon, sympathy...............

. . 521

HR 86-426a-Highway Dept. close Saturdays ..................... .

...................... 532, 650, 652

HR 87-A Capella Choir, thanks ......................... .

..................... 540

HR 88-426b--Wac? Reservation, authorize purchase

..... 532, 556, 558, 601, 916

HR 89-427a--Gold Star Mothers, monument.

....532, 648, 652, 938

HR 90-445a-Polk County, board of education......... .

.... 554, 648, 653, 794

HR 91-Hon. M. E. Groover, illness

......................... .

. .............. 584

HR 92-465a-Columbus-Muscogee Schools, merge..................... .

.......570, 590, 597' 798

HR 93--School lunch program, memorialize Congress.............. .

... 597

HR 94-Representative Ed Knight, pay...................................... .

.. 600

IIR 95--Memorial Hi-Y and Tri Hi-Y ........................................

.............................. 601

HR 96-476a-Fulton County, business licenses...............................................608, 671, 680, 803

HR 97-476b--Fulton County, civil service........................................................608, 671, 680, 806

HR 98-483a-DeKalb County, school tax

.............................................609, 671, 680, 809

HR 99--Hon. Eugene Cox, invite .........

...................................................................... 629

HR 100--Rich's, appreciation to ...

............................

.................. 643

HR 101-Committees, courtesies extended, thanks...

..............................

... 643

HR 102-Rep. W. C. McMillan, birthday..... .........

............ ....

... 643

HR 103--Veterinary college, location.......

.................

... 657

HR 104-504a-Clinch County, school districts....................................................647, 701, 706, 811

HR 105-516a-Columbus-Muscogee Health Departments................................671, 701, 707, 814

HR 106-516b--Spalding County, home rule................................................................................ 671

HR 107-U. S. Forest Service, commend......................................................................................694

HR lOB--Georgia Congressmen, commend......................................................................................741

HR 109-Education, appoint special committee..........................................................................742

HR 110--Red Cross, endorse activities................................................................ ~ ...743

HR HI-Committee rooms, provid~ ............................................

.......................743

HR 112-540a-Sureties on bond, relieve

..747, 868, 869

HR 113-Camp Stewart disposal, committee

. 821, 848

HR 114-542a-Interim Committee, University Georgia

........ 748

HR 115--Hon. L Y. Conger, sympathy...

..........................................

. 863

HR 116--Joint session, hear Acting Governor...

......... 883

HR 117-Adjourn Sine Die

... 883

HR 118--Legislative powers, vest in Supreme Court..........................

..... 887

HR 119-Parity, basic farm crops ...

894

HR 120--Hon. Q. L Claxton, illness

894

HR. 121-Employment Service, memoralize Congress

................ 894

HR 122-Rep. Frank Twitty, speech .

........ 894

HR 123--Bills and Resolutions, return .

906

HR 124-Rep. Stafford Brooke, expunge censure

... 906, 907

HR 125-Camp Stewart disposal, committee ............................... .

913

ITR 126--Joint interim committee, University system

................ 936

INDEX
I!R 127-Southern Bell Telephone Co., thanks........................................... . HR 128-Macon Telegraph, thanks ...... . HR 129-Stay-over Resolution......................: HR 130-Notify Governor, adjournment............................................................ . HR 131-Adjourn sine die................................................................................ .

1067
. 939 .. 939 . ............. 956 .............. 1022 ............... 1023

Part ill

SENATE RESOLUTIONS IN HOUSE

SR 2-Joint Committee, notify Governor................................................ . ........................... 18

SR 10-Right to work, not abridged ......................................................... . .... 461, 533, 535, 950

~R ll-Thanks, Dr. R. S. Payne .............................................................

326

SR 13-Fulton County, pension system .......................................................... 539, 701, 703, 769

SR 14--Ga.-Tennessee boundary, committee...........................................413, 429, 430, 582, 664

SR 15-Ga.-Tennessee boundary, establish................................................413, 429, 430, 582, 664

SR 16-Publication Acts, committee investigate.............................................

......... 326

SR 17-Fire protection, joint committee study.........................................................323, 324, 599.

SR 24--School lunch program, memorialize Congress..............................

........... 506

SR 25-Atlanta Northern Railway, right of way.........................................

.. 585

SR 27-Commend U. S. Forest Service......................................................................... . . 743

SR 28-Blue Star Drive, designate

.. 743

SR 33-Committee install M. E. Thompson ................................................. ..

. 887

SR 34--Joint session, hear Acting Governor Thompson.................... ..

. ........................ 887

SR 36-Delivery bills to Acting Governor....................................................................................909

Request return HB 10.... .......................................................................................... 957